104 



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

 shall pay a penalty not exceeding five hundred (500) dollars, and shall forfeit to the 

 State of North Dakota all articles so adulterated. 



SEC. 14. It shall be deemed unlawful for any person to retail any poisons enu- 

 merated in schedules A and B, except as hereinafter provided for. 



SCHEDULE A. 



Arsenic and its preparations, corrosive sublimate, white precipitate, red precip- 

 itate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnia, 

 and all other poisons, vegetable alkaloids and their salts, essential oil of bitter 

 almonds, opium and its preparations, except paregoric and other preparations of 

 opium with less than two grains to the ounce. 



SCHEDULE B. 



Aconite, belladonna, colchicum, coninm, nux vomica, henbane, savin, ergot, cotton 

 root, cantharides, creosote, digitalis and their pharmaceutical preparations, croton 

 oil, chloroform, chloral hydrate, sulphate of zinc, mineral acids, carbolic ^jcid, and 

 any oxalic acid. 



A poison in the meaning of this act shall be any drug, chemical, or preparation 

 which, according to standard works on medicine or materia medica, is liable to be 

 destructive to adult human life in quantities of sixty (60) grains or less. No person 

 shall sell at retail any poisons mentioned in schedules A and B above men- 

 tioned without affixing to the bottle, box, vessel, or package containing them the 

 name of the contents, the word "poison," and the name and place of business of the 

 seller, nor shall he deliver said poison to any person without satisfying himself that 

 such poison is to be used for legitimate purposes: Provided, That nothing herein 

 contained shall apply to the dispensing of physicians' proscriptions specifying 

 poison. It shall also be the duty of snch vendor of poisons, before delivering the 

 same to the purchaser, to cause an entry to be made in a book kept for that purpose, 

 stating the date of sale, the name and address of the purchaser, the name and 

 quality of the poison sold, and the name of the dispenser, such book to be always 

 kept open for inspection by the proper authorities, and to be preserved for reference 

 for at least five years. Any person failing to comply with the requirements of this 

 section shall be deemed guilty of a misdemeanor and shall, upon conviction, be 

 liable to a fine of not less than five (5) dollars for each and every such omission. 



SEC. 15. All suits for the recovery of the several penalties and costs prescribed 

 in this act shall be prosecuted in the name of the State of North Dakota in any court 

 having jurisdiction, and it shall be the duty of the State's attorney of the county 

 wherein such offense is committed to prosecute all persons violating the provisions 

 of this act upon proper complaint being made. All penalties collected under the 

 provisions of this act shall inure to the board of pharmacy for the expenses and 

 costs of the proper execution of the law. 



SEC. 16. Ill acts or parts of acts regulating the practice of pharmacy or adul- 

 terations of drugs within this State, enacted prior to the passage of this act, which 

 in anywise conflict with the provisions of this act, are hereby repealed: Provided, 

 That nothing in his act shall be so construed as to prevent any person who has 

 once been a member by examination and may have forfeited his membership by 

 nonpayment of fines or fees, from renewing his registration within two years, by 

 paying the required dues or fees, without examination. 



SEC. 17. Whereas the existing laws do not provide any punishment for the 

 violation of the provisions of the law now governing the practice of pharmacy, 

 nor is there any schedule of poisons specified therein, thereby not only exposing 

 the public to the danger arising from the acts of incompetent persons, but there is 

 an existing confusion as to what drug, chemical, or preparation is termed a poison 

 and dangerous to life, hence an emergency exists; therefore this act shall take 

 effect and be in force from and after its passage and approval. 



Approved March 20, 1890. 



