186 DRUG LEGISLATION IN THE UNITED STATES. 



3. Penalties. Any person who shall knowingly violate any of the provisions 

 of this Act shall be deemed guilty of a misdemeanor, and upon conviction for 

 the first offense shall be fined not less than twenty-five ($25.00) dollars, nor 

 more than fifty ($50.00) dollars, and upon a conviction .for a second offense 

 shall be fined not less than fifty ($50.00) dollars, nor more than oiTe hundred 

 ($100.00) dollars, and upon a conviction, for a third and all subsequent offenses 

 shall be fined not less than one hundred ($100.00) dollars, nor more than two 

 hundred ($200.00) dollars, and shall be imprisoned in the county jail for not 

 less than six months. It shall be the duty of the grand jury to make present- 

 ments for violations of this Act. 



General Laws, 1905, p. 45-40. 



ADULTERATION OF DRUGS. 



429. Penalty. If any person shall fraudulently adulterate, for the purpose of 

 sale, any drug or medicine, in such manner as to change the operation of such 

 drug or medicine, or render the same worthless, or injurious to health, he shall 

 be punished by fine not less than fifty nor more than five hundred dollars. 

 (Penal Cone. 1856, p. 81.) 



430. Manufacture or sale. No person shall within this State manufacture, 

 offer for sale, or sell, any article of food, wines, beers, fermented or distilled 

 liquors or drugs, which is by him known to be adulterated, within the meaning 

 of this law. Any person violating this provision, shall be deemed guilty of a 

 misdemeanor, and upon conviction thereof shall be punished by fine not exceed- 

 ing five hundred dollars. 



431. The term, " drug " defined. * * * The term drug, as used in this chap- 

 ter, shall include all medicines for internal and external use. 



432. "Adulteration " defined. An article shall be deemed adulterated within 

 the meaning of this chapter, (a) In the case of drugs: 



1. If, when sold under or by a name recognized in the United States Pharma- 

 copoeia, it differs from the standard of strength, quality, or purity laid down 

 therein. 



2. If, when sold under or by a name not recognized in the United States 

 Pharmacopoeia, but which is found in some other Pharmacopoeia, or other 

 standard work on materia medica, it differs materially from the standard of 

 strength, quality, or purity laid down in such work. 



3. If its strength or purity fall below the professed standard under which it 

 is sold. 



433. Duty of State health officer. It shall be the duty of the State health offi- 

 cer to prepare and publish, from time to time, lists of the articles, mixtures, or 

 compounds declared to be exempt from the provisions of this law, in accordance 

 with the preceding article. The state health officer shall also, from time to 

 time, fix the limits of variability permissible in any article of food or drug or 

 compound, the standard of which is not established by any national Pharma- 

 copoeia. 



434. State health officer to have supervision over analysts. The state health 

 officer shall take cognizance of the interests of the public health, as it relates to 

 the sale of food and drugs, and the adulterations of the same, and make all 

 necessary investigations and inquiries relating thereto. He shall also have the 

 supervision of the appointment of public analysts and chemists, and upon his 

 recommendation, whenever he shall deem any such officers incompetent, the 

 appointment of any and every such officer shall be revoked, and be held to be 

 void and of no effect, The state health officer shall adopt such measures as may 



