88 



SEC. 5 V And be it enacted, That any person who shall procure or attempt to procure 

 registration for himself or any other person under this act, by making or causing to 

 be made any false representations, or fraudulently represent himself to- be regis- 

 tered, or shall adulterate or sell any adulterated drug, medicine, or chemical, or 

 who shall otherwise violate the provisions of this act (except section six), shall be 

 deemed guilty of a misdemeanor and, upon conviction thereof, be liable to a pen- 

 alty of not less than fifty or more than one hundred dollars, and for every subse- 

 quent offense or offenses a like fine, or imprisonment not to exceed six months, or 

 both, at the discretion of the court. 



SEC. 6. And be it enacted, That it shall not be lawful for any person to retail or 

 dispense any of the poisons enumerated in schedule A appended to this section, or 

 any other substance commonly recognized as a deadly poison, without distinctly 

 labeling with a red label the bottle, box, vessel, or wrapper in which such poison is 

 contained with the name of the article, the word "poison," and the name and 

 place of business of the dispenser, nor without being satisfied that the purchaser is 

 aware of its poisonous nature and intends to use it for a legitimate purpose; any 

 person failing to comply with the requirements of this section shall be deemed guilty 

 of a misdemeanor, and for every such omission shall be liable to a fine of not less 

 than ten dollars ; and any person who shall give a fictitious name, or who shall 

 make any false representation to the seller when buying any of the poisons thus 

 enumerated, shall be deemed guilty of misdemeanor and be liable to a fine of not 

 less than ten dollars; the penal provisions of this act shall not apply to the sale of 

 such poisons as are used in the arts, agriculture, or in manufacturing, to persons 

 known to be engaged in such pursuits, nor to the dispensing of poisons upon the 

 prescription of a practicing physician. 



SCHEDULE A. 



Arsenic anil its compounds or chemical derivatives; corrosive sublimate and other 

 poisonous derivatives of mercury ; phosphorus and its poisonous derivatives ; prussic 

 acid and its poisonous derivatives; tartrate of antimony; essential oil of bitter 

 almonds; oils of tansy, savin, or crotin; chloroform, chloral hydrate, aconite, bella- 

 donna, conium, cantharides, digitalis, hyoscyamus, nux vomica, Indian hemp, vera- 

 trum viride, yellow jessamine, opium, their alkaloids or other preparations (except 

 paregoric and other preparations of opium having less than two grains to the ounce) ; 

 ergot, savin, cotton root, and their preparations. 



SEC. 7. And be it enacted. That nothing in this act shall be construed to apply to 

 orin any manner interfere with the strictly professional pursuits of any physician, nor 

 with the making or vending of patent or proprietary medicines, nor with the sale of 

 simple domestic remedies by retail dealers in rural districts one-half mile or more 

 remote from a regular pharmacist, nor with the ownership of any pharmacy or store 

 in part or whole by any person not a registered pharmacist: Provided, Such phar- 

 macy or store be at all times in charged of a registered pharmacist; and any person 

 holding a certificate of registration granted under any former act shall be considered 

 a registered pharmacist within the meaning of this act. 



SEC. 8. And be it enacted, That each and every fine imposed under this act shall be 

 paid to the treasurer of the board of pharmacy. 



SEC. 9. And be it enacted, That this act shall be a public act and shall take effect 

 immediately: Provided, That the organization of the board, as prescribed in section 

 three hereof, may be had and effected at any time within thirty days from the date 

 of the appointment of its members by the governor. 



SEC. 10. And be it enacted, That all acts and parts of acts conflicting with this act 

 are hereby repealed. 



Approved April 5, 1886. 



