19 



the marketing and vending of proprietary and patent medicines, nor with the exclu- 

 sive wholesale business of any dealers, except as Hereinafter provided : Provided, also, 

 That nothing in this act shall in any manner interfere with the business of mer- 

 chants in towns having less than 500 inhabitants, in which there is no licensed phar- 

 macy, to sell or vend such medicines, compounds, and chemicals as are required by 

 the general public, and in form and manner prescibed by the board of pharmacy. 



SEC. 13. The proprietors of establishments other than pharmacies, and where 

 physicians' prescriptions are not dispensed, as well as itinerant vendors of merchan- 

 dise, shall not be permitted to sell, keep on sale, or give away any of the articles 

 mentioned or included in schedule A of this act; nor any patent or proprietary 

 preparation for medicinal, dietetic, or toilet purposes known to contain in large or 

 small proportion any of such ingredients ; nor any other chemical or pharmacal Com- 

 pound the use of which, for a short or long period of time, might be attended with 

 injury to health or morals, unless the container of said preparation, or the wrapper 

 enclosing it, shall have affixed a "caution" label such as the board of pharmacy 

 shall devise and direct. It shall be the duty of the board, when called upon, to fur- 

 nish dealers with a list of such articles, preparations, and compounds the sale of 

 which is prohibited or regulated by this section. Any person violating any of the 

 provisions of this section, or evading any of the requirements herein imposed, or 

 authorizing the same to be done by another, shall be liable to a fine of not less than 

 $100 nor more than $500 for each and every offense; and any person who shall will- 

 fully make any false representation about the character or composition of any prep- 

 aration or compound, with the object of deceiving the officers of the State, or defeat- 

 ing the purposes of this act, shall, for every such offense, be liable to a fine of not 

 less than $100 or imprisonment in the county jail for not less than thirty days, or 

 both. All suits brought on account of violations of any of the provisions of this act 

 shall be prosecuted in the name of the people of Colorado, in any court of competent 

 jurisdiction; and it shall be the duty of the district attorney where the offense is 

 committed to prosecute every person violating any provision of this act upon proper 

 complaint being made. All fines or penalties collected for such violation shall be 

 paid to the State board of pharmacy, to be held by said board as by this act required. 



SEC. 14. All persons registered under the provisions of this act, and actively 

 engaged in the practice of pharmacy, shall be exempt from serving as jurors. 



SEC. 15. Annually on the first day of July of each year, the State board of phar- 

 macy shall pay into the treasury of the Colorado State Pharmacal Association all 

 moneys then held by said board over and above the sum of $300, and which have 

 been received by said board as penalties for violations of this act, or as registration 

 fees for the expiring year : Provided, That the moneys thus paid to the State Phar- 

 macal Association shall be held by said association as a fund for educational and 

 scientific purposes. 



SEC. 16. An act entitled "An act regulating the practice of pharmacy, licensing 

 persons to carry on such practice, and exempting them from jury duty; providing 

 for the appointment, and prescribing the powers and duties, of a board of pharma- 

 cists," approved April 2, 1887, and all acts and parts of acts in conflict with the pro- 

 visions of this act, are hereby repealed. 



SEC. 17. Inasmuch as an emergency exists, this act shall be in force from and after 

 its passage. 



SCHEDULE A. 



Aconite, belladonna, conium, henbane, nux vomica, opium, ergot, cantharides, 

 digitalis, and ipecacuanha and their preparations, alkaloids and other derivatives. 



Morphine, strychnine, codeine, cocaine and all other alkaloids and their salts. 



Chloral, chloroform, ether, oil of tansy, oil pennyroyal, and all other hypnotics, 

 ecbolics and emmenagogue agents. 



Mercury, copper, antimony, zinc, iron, lead, gold, arsenic, and silver, their salts 

 and compounds. All cyanides, iodides, bromides. 



