138 DRUG LEGISLATION IN THE UNITED STATES. x 



where special provision has not been made by statute, for the punishment of 

 the offense, * * * (Laws, 1889, p. 168.) 



42. Duties of State board of health in respect to adulterations. The state 

 board of health shall take cognizance of the interests of the public health as 

 affected by the sale or use of food and drugs and the adulterations thereof, and 

 make all necessary inquiries and investigations relating thereto. It shall 

 appoint such public analysts, chemists and inspectors as it may deem necessary 

 for that purpose, and revoke any such appointment whenever it shall deem the 

 person appointed incompetent, or his continuance in the service for any reason 

 undesirable. It shall, from time to time, adopt such measures and make such 

 regulations and declarations, in addition to the provisions of this article, as 

 may seem necessary to enforce or facilitate the enforcement of this article, or 

 for the purpose of making an examination or analysis of any food or drug sold 

 or exposed for sale in the state, and all such regulations and declarations made 

 in any year shall be filed in the office of the secretary of state and published 

 in the session laws first published after the expiration of thirty days from 

 such filing. (Laws 1881, p. 554; amended Laws 1885, p. 316.) 



44. Samples to be furnished. Every person selling, or offering, or exposing 

 for sale or manufacturing or producing any article of food, or any drug, shall 

 upon tender of the value thereof, furnish any analyst, chemist, officer or agent 

 of the state board of health or of any local board of health, with n sample of 

 any such article or drug, sufficient for the purpose of analysis or test. For 

 every refusal to furnish the same, the person so refusing shall forfeit to the 

 people of the state the sum of one hundred dollars. (Laws, 1881; amended 

 Laws, 1893, p. 1513) 



Revised Statutes, Codes and General Laws (Birdseye), 1001, p. 2815-2818. 



1. Punishment of misdemeanors in general. A person convicted of a crime 

 declared to be a misdemeanor, for which no other punishment is specially pre- 

 scribed by this code, or by any other statutory provision in force at the time of 

 the conviction and sentence, is punishable by imprisonment in a penitentiary, 

 or county jail, for not more than one year, or by a fine of not more than five 

 hundred dollars, or by both. 



Revised Statutes, Codes and General Laws (Birdseye), 1901, p. 2391. 



197. Subdivision 1. Standard. Unless otherwise prescribed for, or specified 

 by the customer, all pharmaceutical preparations, sold or dispensed in a 

 pharmacy, dispensary, store or place, shall be of the standard strength, quality 

 and purity, established by the latest edition of the United States Pharmacopoeia. 



Subdivision 2. Pharmacist responsible for quality of drugs. Every proprietor 

 of a wholesale or retail drug store, pharmacy, or other place where drugs, 

 medicines or chemicals are sold, shall be held responsible for the quality and 

 strength of all drugs, chemicals or medicines sold or dispensed by him except 

 those sold in original packages of the manufacturer, and those articles or 

 preparations known as patent or proprietary medicines. 



Subdivision 3. Adulteration a misdemeanor; goods forfeited. Any person 

 who shall knowingly, wilfully or fraudulently, falsify or adulterate any drug, 

 medical substance or preparation, authorized or recognized in the said Pharma- 

 copoeia, or used or intended to be used in medical practice or shall knowingly, 

 wilfully or fraudulently offer for sale, sell or cause the same to be sold, shall 

 be guilty of a misdemeanor; all drugs, medical substances, or preparations so 

 falsified or adulterated shall be forfeited to the board and by the board 

 destroyed. (See sec. 41, p. 137.) 



