160 DRUG LEGISLATION IN THE UNITED STATES. 



3825. Fines paid to school fund. All moneys for convictions under this act 

 shall be given to the common school fund of the district where the conviction 

 has been had. Laws 1887, p. 87-89. 



Codes and Statutes (Bellinger and Cotton), 1902, p. 1287-1289. 



1991. Restricting sale of opium. It shall be unlawful to sell or give away 

 opium, or any preparation of which opium is the principal medicinal agent, to 

 any person except druggists and practicing physicians, except on the prescrip- 

 tion of a practicing physician, written in the English or Latin language ; and 

 the druggist filling such prescription shall keep the same on file for one year, 

 subject to be inspected by any public officer of the state. 



. Codes and Statutes (Bellinger and Cotton), 1902, p. G98. 

 ADULTERATION OF DRUGS. 



3811. Liability for quality of drugs sold. Every registered pharmacist, apothe- 

 cary, and owner of any store shall be held responsible for the quality of all 

 drugs, chemicals, or poisons he may sell or dispose of, with the exception of 

 those sold in original packages of the manufacturer, and also those known as 

 proprietary and patent medicines, and should he knowingly intermingle and 

 fraudulently adulterate, or cause to be adulterated, or knowingly substitute in 

 a physician's prescription any drugs, chemicals, or medical preparations he 

 shall be deemed guilty of a misdemeanor, and upon conviction thereof be liable 

 to a penalty not exceeding one hundred dollars, and in addition thereto his 

 name shall be stricken from the register. (Laws 1891, p. 160.) 



Codes and Statutes (Bellinger and Cotton), 1902, p. 1285. 



2120. Injurious adulteration; penalty. If any person shall {Adulterate for the 

 purpose of sale any drug or medicine, in such manner as to render the same 

 injurious to health, or shall knowingly sell or offer for sale any such adul- 

 terated drug or medicine, such person, upon conviction thereof, sfcall be pun- 

 ished in the manner provided in section 2118, (by imprisonment in the county 

 jail not less than three months nor more than one year, or by fine not less than 

 fifty nor more than five hundred dollars) and such adulterated drugs or medi- 

 cines shall be forfeited and destroyed. 



2121. Unwholesome medicines; penalty. It shall be unlawful for any person 

 or persons to sell or exchange, any unwholesome, unclean, tainted, or diseased 

 foods or medicines of any kind whatever. - 



2122. Penalty. Whoever violates any of the provisions of this act shall be 

 guilty of a misdemeanor, and upon conviction thereof shall be punished by a 

 fine of not less than twenty-five dollars nor more than one hundred dollars, or 

 by imprisonment in the county jail not less than thirty days nor more than six 

 months. Justices' courts shall have jurisdiction in all cases arising under this 

 act. 



2123. Innocent purchasers of adulterated products exempt; conditions. If 

 any person or persons shall have purchased foods, drinks, medicines, or fer- 

 tilizers, believing them to be pure and unadulterated, which shall prove by 

 analysis or tests to be adulterated, such person or persons shall not be deemed 

 to be guilty under this act : Provided, that such person or persons pay to the 

 state dairy and food commissioner the sum of ten dollars in case of analysis 

 or five dollars for each test made by him to determine the quality of such foods, 

 drinks, medicines, or fertilizers, as the case may be, and who shall, after being 



