136 DRUG LEGISLATION IN THE UNITED STATES. 



401. Omission to label drugs, or wrong labeling. An apothecary, or licensed 

 druggist, or licensed pharmacist, or a person employed as clerk or salesman 

 by an apothecary or licensed druggist or licensed pharmacist, or otherwise 

 carrying on business as a dealer in drugs or medicines, who, in putting up any 

 drugs or medicines, or making up any prescription, or filling any order for drugs 

 or medicines, wilfully, negligently or ignorantly omits to label the same, or puts 

 any untrue label, stamp or other designation of contents upon any box, bottle 

 or other package containing a drug or medicine, or substitutes a different arti- 

 cle for any article prescribed or ordered, or puts up a greater or less quantity 

 of any article than that prescribed or ordered, or otherwise deviates from the 

 terms of the prescription or order which he undertakes to follow, in consequence 

 of which human life or health is in danger, is quilty of a misdemeanor. 



403. Physicians excepted from provisions of section 401. The provisions of 

 section four hundred and one shall not apply to the practice of a practitioner 

 of medicines who is not the proprietor of a store for the dispensing or retailing 

 of drugs, medicines and poisons, or who is not in the employ of such a pro- 

 prietor, and shall not prevent practitioners of medicine from supplying their 

 patients with such articles as they may deem propor, and except as to the 

 labeling of poisons shall not apply to the salfe of medicines or poisons at whole- 

 sale when not for the use or consumption of the purchaser ; provided, howerer, 

 that. the sale of medicines or poisons at wholesale shall continue to be subject 

 to such regulations as from time to time may be lawfully made by the board of 

 pharmacy or by any competent board of health. 



Revised Statutes, Codes and General Laws (Birdseye), vol. 4 (Supple- 

 ment 1905), p. 223, 224. 



SALE OF POISONS. 



402. Labeling; recording the sale; schedules. It shall be unlawful for any 

 person to sell at retail or furnish any of the poisons named in the schedules 

 hereinafter set forth, without affixing or causing to be affixed, to the bottle, box, 

 vessel or package, a label containing the name of the article and the word 

 " poison " distinctly shown, with the name and place of business of the seller, 

 all printed in red ink, together with the name of such poisons printed or written 

 thereupon in plain, legible characters, which schedules are as follows, to wit: 



SCHEDULE A. 



Arsenic, cyanide of potassium, hydrocyanic acid, cocaine, morphine, strychnia 

 and all other poisonous vegetable alkaloids and their salts, oil of bitter almonds, 

 containing hydrocyanic acid, opium and its preparations, except paregoric and 

 such others as contain less than two grains of opium to the ounce. 



SCHEDULE B. 



Aconite, belladonna, cantharides, colchicum, conium, cotton root, digitalis, 

 ergot, hellebore, henbane, phytolacca, strophanthus, oil of tansy, veratrum 

 veride and their pharmaceutical preparations, arsenical solutions, carbolic acid, 

 chloral hydrate, chloroform, corrosive sublimate, creosote, croton oil, mineral 

 acids, oxalic acid, paris green, salts of lead, salts of zinc, white hellebore or any 

 drug, chemical or preparation which, according to standard works on medicine 

 or materia medica, is liable to be destructive to adult human life in quantities of 

 sixty grains or less, and such other poisons as the state board of pharmacy, under 

 the authority given to it by the public health law, may from time to time add 



