MASSACHUSETTS. 95 



opium, or more than one fourth grain of morphine, or more than one sixteenth 

 grain of heroin, or more that eight grains of chloral-hydrate in one fluid ounce, 

 or, if a solid preparation, in one avoirdupois ounce; and the provisions of sec- 

 tion nineteen of chapter seventy-five of the Revised Laws shall apply to the 

 manner and form in which such statements shall he marked or inscribed. 



3. Sale of proprietary medicines containing cocaine or substitutes prohibited. 

 It shall be unlawful for any person to sell, or to expose or offer for sale, or to 

 give or exchange, any patent or proprietary medicine or article containing 

 cocaine or any of its salts, or alpha or beta eucaine or any synthetic substitute 

 of the aforesaid. 



4. Dispensing of cocaine or its substitutes restricted to prescriptions. It shall 

 be unlawful for any person to sell, or to expose or offer for sale, or to give or 

 exchange any cocaine or alpha or beta eucaine or any synthetic substitute of the 

 aforesaid, or any preparation containing the same, or any salts or compounds 

 thereof, except upon the written prescription of a physician, dentist or veteri- 

 nary surgeon registered under the laws of the Commonwealth ; the original of 

 which prescription shall be retained by the druggist filling the same and shall 

 not again be filled. 



5. Wholesaling exempt. The provisions of sections three and four shall not 

 apply to sales at wholesale made to retail druggists or dental depots nor to sales 

 made to physicians, dentists or regularly incorporated hospitals. 



6. Penalty. Whoever manufactures, sells or offers for sale any medicine or 

 food preparation in violation of the provisions of this act shall be punished by 

 a fine of not less than five nor more than one hundred dollars. It shall be the 

 duty of the state board of health to cause the prosecution of all persons violat- 

 ing the provisions of this act ; but no prosecution shall be brought for the sale 

 at retail, or for the gift or exchange of any patent or proprietary medicine or 

 food preparation containing any drug or preparation the sale of which is pro- 

 hibited or restricted as aforesaid, unless the said board has, prior to such sale, 

 gift or exchange, given public notice in such trade journals or newspapers as it 

 may select that the gift, exchange or sale at retail of the said medicine or food 

 preparation would be contrary to law. 



7. This act shall take effect on the first day of September in the year nineteen 

 hundred and six. Approved May 11, 1906. Statutes, Chapter 386. 



ADULTERATION OF DRUGS. 



16. Prohibition; employee .not liable. No person shall manufacture, offer for 

 sale or sell, within this Commonwealth, any drug or article of food which is 

 adulterated within the meaning of section eighteen ; but no employee, other 

 than a manager or superintendent, shall be punished for a violation of this 

 section unless such violation was intentional on .the part of the said employee. 

 (As amended, Acts, 1903, p. 337.) 



17. Definition of " drug ". The term " drug " as used in sections sixteen to 

 twenty-seven, inclusive, shall include all medicines for internal or external use, 

 antiseptics, disinfectants and cosmetics. * * * 



18. Adulteration defined. A drug shall be deemed to be adulterated: 1. If, 

 when sold under or by a name recognized in the United States pharmacopoeia, 

 it differs from the standard of strength, quality or purity prescribed therein, 

 unless the order therefor requires an article inferior to such standard or unless 

 such difference is made known or so appears to the purchaser at the time of the 

 pale. 2. If, when sold under or by a name not recognized in the United States 

 pharmacopoeia but which is found in some other pharmacopoeia or other standard 



