132 DRUG LEGISLATION IN THE UNITED STATES. 



ADULTERATION OF DRUGS. 



3724. Druggist responsible for quality of drugs. Every owner of a drug 

 store in the territory of New Mexico shall be held responsible for the quality of 

 all drugs, chemicals and medicines he may sell or dispense, with the exceptions 

 of those sold in the original packages of the manufacturer or wholesale dealer, 

 and also those known as proprietary medicines. And should he knowingly, 

 intentionally and fraudulently adulterate, or cause to be adulterated, such 

 drugs, chemicals or medical preparations, he shall be deemed guilty of a mis- 

 demeanor, and upon conviction thereof, his license as a registered pharmacist 

 shall be thereby revoked, and in addition thereto, be liable to a penalty not ex- 

 ceeding five hundred ($500) dollars. (Laws, 1888-9, p. 121.) 

 Compiled Laws, 1897, p. 915. 



1245. Penalty. If any person shall fraudulently adulterate for the purpose 

 of selling any drug or medicine, in such manner as to make the same injurious 

 to health, he shall be punished by imprisonment in the county jail, not exceed- 

 ing one year, or by fine not exceeding three hundred dollars, and such drug or 

 medicine shall be forfeited and destroyed. (Laws, 1853-J h p. 136.) 



1246. Mixing, etc., so as to render injurious; penalty. No person within the 

 Territory of New Mexico shall mix, color, stain or powder or permit any other 

 person to mix, color, stain or powder any article of food or drugs with any 

 ingredient or material so as to render the article injurious to health, or manu- 

 facture any article of food which shall be composed in whole or in part of 

 diseased, decomposed, offensive or unclean animal or vegetable substance, with 

 the intent that the same may be sold in the said territory, and no person shall 

 sell in the Territory of New Mexico any such article so mixed, colored, stained, 

 powdered or manufactured. Any person violating this section shall be guilty of 

 a misdemeanor, and for each offense to be fined not exceeding two hundred 

 dollars for the first offense, and for each subsequent offense not exceeding three 

 hundred dollars, or imprisonment not exceeding one year, or both in the dis- 

 cretion of the court. 



1247. Injurious adulteration or dilution. No person shall, within the Terri- 

 tory of New Mexico, except for the purpose of compounding as hereinafter 

 described, mix, color, stain or powder, or order or permit any other person to 

 mix, color/ stain or powder, any drug with any ingredient or material so as to 

 affect injuriously the quality or potency of such drug, with the intent that the 

 same may be sold in the said Territory of Mexico, and no person shall sell any 

 such drug so mixed, colored, stained, or powdered under the same penalty in 

 each case respectively as in the preceding section for a first and subsequent 

 offense. 



1248. Ignorance of adulteration bar to conviction. No person shall be liable 

 to be convicted under either of the two last foregoing sections in respect to the 

 sale of any article of food or of any drug if he shows to the satisfaction of the 

 court before whom he is charged that he did not know of the article of food or 

 drug sold by him being so mixed, colored, stained or powdered as in either of 

 those sections mentioned, and that he could not, with reasonable diligence, have 

 obtained that knowledge. 



1249. Must be of quality, etc., demanded; penalty; exemptions. No person 

 shall sell in the Territory of New Mexico any article of food or drug which is not 

 of the nature, substance and quality of the article demanded by any purchaser, 

 and any person violating this section shall be guilty of a misdemeanor, and for 

 the first offense be fined, not exceeding fifty dollars, and for each subsequent 

 offense not exceeding one hundred dollars, or imprisonment not exceeding six 



