154 DRUG LEGISLATION IN THE UNITED STATES. 



such poisons, acids and chemicals as are regularly used in agriculture, mining 

 and the arts, when kept and sold for such purposes, only in sealed and plainly 

 labeled packages : Provided, also, That nothing in this act shall in any manner 

 interfere with the business of any physician in regular practice, nor prevent him 

 from supplying his patients such articles as may to him seem proper, nor 

 with the marketing and vending of proprietary and patent medicines in towns 

 of three hundred inhabitants or less, nor with the exclusive wholesale busi- 

 ness of any dealers, except as hereinafter provided : Provided, also, That noth- 

 ing in this act shall in any manner interfere with the business of merchants 

 in towns having less than three hundred inhabitants, in which there is no 

 licensed pharmacy, or with country merchants, to sell or vend such medicines, 

 compounds and chemicals as are required by the general public and in form 

 and manner prescribed by the board of pharmacy. Session Laivs, 1897, p. 229. 

 Revised Statutes, 1903, vol. 1, p. 700-703. 



2348. Apothecary liable for negligence. Every apothecary or druggist, and 

 every person employed as clerk or salesman by an apothecary or druggist, or 

 otherwise carrying on business as a dealer in drugs or medicines, who, in put- 

 ting up any drugs or medicines, wilfully, negligently or ignorantly omits to 

 label the same, or puts any untrue label, stamp or other designation of con- 

 tents upon any box, bottle or other package containing any drugs or medicines, 

 or substitutes a different article for any article prescribed or ordered, or puts 

 up a greater or less quantity of any article than that pescribed or ordered, or 

 otherwise deviates from the terms of the prescription or order which he under- 

 takes to follow, in consequence of which human life or health is endangered, is 

 guilty of a misdemeanor. 



Revised Statutes, 1903, p. 621. 



SALE OF POISONS. 



2349. Record and witness of sale. No druggist, apothecary or other person 

 dealing or trafficking in drugs or medicines, and no person employed as clerk 

 or salesman by any apothecary or druggist, shall sell or give away any poison 

 or poisonous substances, except to practicing physicians, in their ordinary practice 

 of medicine, without recording in a book, to be kept for that purpose, the name 

 of the person or persons receiving such poison, and his, her or their residence, 

 together with the name and residence of some person witness to such cale, 

 excepting upon the written order or prescription of some practicing physician, 

 whose name must be attached to such order or prescription. No person shall 

 sell, give away or dispose of any poisonous substance without attaching to the 

 phial, box or parcel containing such poisonous substance a label with the word 

 " poison " printed or written upon it, in plain and legible characters. 



2350. Violation a misdemeanor. Any person violating any of the provisions 

 of the first preceding section shall be deemed guilty of a misdemeanor. 



2351. Penalty for refusing to exhibit poison record. Every person whose 

 duty it is by the second preceding section to, keep any book for recording the 

 sale or gift of poisons, who wilfully refuses to permit any person to inspect 

 said book upon reasonable demand made during business hours, is punishable by 

 fine not exceeding fifty dollars. 



Revised Statutes, 1903, vol. 1, p. 621. 



<*So in Statutes. 



