)RUGLAWS

of

OHIO

1942

Compiled by

State Board of Pharmacy

Drug Laws of OhioPharmacy Law,Poison Law andNarcotic Law

Enforced byThe State Board of Pharmacy

Drug- Adulteration andMisbranding Laws

Enforced byThe Department of Agriculture

Fraudulent Advertising-Caustic and Corrosive Acid Law

Enforced byPolice Regulation

1942

OHIO BOARD OF PHARMACY

Official Board

F. H. KING, Delphos

W. V. VERBRYKE, ToledoLEE W. FUNK, ColumbusW. R. ZIMMERMAN, YoungstownA. P. GEGENHEIMER, Cleveland

OFFICE OF SECRETARY

1010 Wyandotte Building21 West Broad Street

COLUMBUS

M. N. FORD, Secretary

M. N. FORD, Secretary

CONTENTS

Pharmacy Laws 8

Poison Laws 28

Narcotic Laws 41Drug Adulteration and Misbranding Laws 73

Fraudulent Advertising Law 87

Caustic or Corrosive Acid Law 89

Jurisdiction 91

F. J. HEER PRINTING CO.'

COLUMBUS, OHIO1942

Bound at the State B'indery

LAWS

5

Relating to the Ohio State Board ofPharmacy

Section1296. State board of pharmacy, appointment and term

of members.1297. Organization and compensation.1298. Bond of secretary.1299. Meeting of board.1300. Records.1301. Application and examination.1302. Qualifications of pharmacist.1303-1. Shall appoint an entrance examiner.1303-2. School of pharmacy in good standing.1303-3. Registered pharmacist to register apprentice.1303-4. Qualify under existing laws.1304. Certificate to practice.1305. Registered pharmacists of other states.1306. Standard of qualifications.1306-1. Permits.1306- Registration from permit.1307. Term of certification and revocation.1307- Subpoena of witnesses.1307-2. Committee Investigation.1308. Renewal of certificates within three years.1309. Renewal of certificates after three years.1309-1. Duplicate certificates for pharmacist and as-

sistant.1309-2. Other duplicate certificates.1310. Certificates shall be exposed.1311. Fees.1312. Fees, where deposited.1313. State Board of Pharmacy shall enforce laws

relating to practice of pharmacy.12663. Depositing poison in thoroughfares.12664. Depositing drugs or medicines in public places.12665. Term Defined.

6Section12666. Regulating the sale of poison.12667. Further regulations.12668. Exceptions to two preceding sections.12669. Same.12670. Further exceptions.12671. Same.12671-1.. Laws enforced by.12705. Conducting pharmacy without a registered

pharmacist.12706. Unlawful selling of drugs.12707. Exceptions to last two sections.12708. Further exceptions.12708-1. Selling denatured or wood alcohol.12708-2. Provisions for selling.12708-3. Further provisions for selling.12708-4. Further provisions for selling.12708-5. Laws enforced by.12709. Swearing falsely before state board of phar-

macy.12710. Failure to display pharmacists’s certificate.

NARCOTIC12672-1. Definitions.12672-2. Manufacture, possession, etc., of narcotic drugs

unlawful; license to cultivate or produce re-quired; fee; exceptions.

12672-3. Qualifications of applicant for license; suspen-sion or revocation of license; renewals.

12672-4. Regulations for sale by manufacturers orwholesalers.

12672-5. Regulations for sale by apothecary.12672-6. Narcotics prescribed, administered, etc., by

physicians, dentists and veterinarians; pre-scriptions.

12672-7. Act not applicable in certain cases; controllingconditions.

12672-8. Record of drugs received, administered, com-pounded, sold, etc.; invoices required, when;contents.

12672-9. Labels required; contents.

7Section12672-10. Lawful possession.12672-11. Provisions not applicable, when.12672-12. Store, shop, etc., deemed common nuisance,

when.12672-13. Narcotic drugs forfeited, when; disposal.12672-14. Procedure upon conviction; license of physician,

dentist, apothecary or veterinarian sus-pended, when.

12672-16. Inspection of prescriptions, records, stock, etc.12672-16. Unethical practices forbidden.12672-17. burden of proof on defendant; power to search

and arrest.12672-18. Enforcement officers; cooperation with federal

agencies.12672-19. Penalty for violation of provisions.12672-20. Person not subject to prosecution, when.12672-21. Constitutionality.12672-22. Interpretation.12672-23. Title.

GENERAL DRUG ADULTERATION ANDMISBRANDING LAWS

H'77-12. Adoption of standards and enforcement of laws.1177-13. Right of entry to make examination.1177-14. Disposition of fines, fees and costs.1774. Adulteration and misbranding drugs or food.5775. Definition of the term drug.5776. Sample of drugs and food for analysis.6777. Defining meaning of adulteration of drugs.5778. Defining meaning of adulteration as to food,

drink, etc.5779. Same as to flavoring extracts.6780. Same.5784. Meaning of misbranding of drugs.

12757. Refusing Secretary of Agriculture entrance tofactory, etc.; penalty.

12758. Selling adulterated and misbranding food ordrug.

12759. Additional penalty.

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POLICE REGULATIONSection13193-2. Defining fraudulent advertising; penalty.12674. Sale of caustic or corrosive substances unlaw-

ful, when.12674-1. Sale to druggists, physicians not prohibited.12674-2. Products for household cleaning, may be sold,

when.12674-3. Penalty for violation.

JURISDICTION13422-1. Definition of Magistrate.13422-2. General jurisdiction of justices of the peace.13422-3. Special jurisdiction of magistrates.

Section 1296. There shall be a stateboard of pharmacy, consisting of five mem-bers, who shall be appointed by the gov-ernor with the advice and consent of thesenate. The Ohio state pharmaceutical asso-ciation may annually submit to the governorthe names of five registered pharmacists,and from the names so submitted or fromothers, at his discretion, the governor eachyear shall appoint one member of the boardfor a term of five years and until his suc-cessor is appointed and qualified. (99 v.503 § 60.)

Section 1297. The state board of phar-macy shall organize by electing a president

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and a vice president who shall be membersof the board, and a secretary who shall bea registered pharmacist in good standing inhis profession. Each of the officers soelected shall serve for a term of one year.The secretary shall receive a salary to befixed by the board, and his necessary ex-penses incurred in the performance of hisofficial duties. The members of the boardshall receive the sum of ten dollars for eachday employed in the discharge of their of-ficial duties and their necessary expenseswhile engaged therein, (no v. 378.)

Section 1298. The secretary of the stateboard of pharmacy shall give a bond to thestate in the sum of one thousand dollars,with two or more sureties approved by theboard, conditioned for the faithful dischargeof the duties of his office. Such bond withthe approval of the board endorsed thereon,shall be deposited with the secretary of stateand kept in his office, (no v. 379.)

Section 1299. The state board of phar-macy shall meet in Columbus on the secondMonday of January, the third Monday of

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June, and the second Monday of October ineach year and at such other times and placesas the board may direct. The board shallhave a seal and prescribe such rules for itsown government as it deems proper. (102v. 116.)

Section 1300. The state board of phar-macy shall keep a record of its proceedingsand a register of all persons to whom cer-tificates have been granted as pharmacistsor assistant pharmacists, together with eachrenewal or revocation of a certificate. Thehooks and registers of the board shall beprima facie evidence of the matters thereinrecorded. The president and secretary ofthe board may administer oaths. (99 v. 504§ 64.)

Section 1301. A person desiring to beregistered as a pharmacist shall file with thesecretary of the state board of pharmacya verified application giving his date andplace of birth, place or places at which hestudied or practiced pharmacy and the timespent in such study or practice, and suchother information as the board may require,

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and appear before the board and take anexamination in the following subjects : chem-istry, botany, materia medica, toxicology,posology, pharmaceutical arithmetic and thetheory and practice of pharmacy. Exami-nations of those applying for registration aspharmacists shall be held at such times, dur-ing each year, and at such places as theboard may determine. (113 v. 644.)

Section 1302. Every applicant for ex-amination and registration as a pharmacistshall be a citizen of the United States, orshall have made application therefor, shallbe not less than twenty-one years of age,shall be of good moral character and habits,shall be a graduate from a school or collegeof pharmacy or a department of pharmacyof a university recognized and approved bythe state board of pharmacy, and shall fileproof satisfactory to the board, substantiatedby proper affidavits, of a minimum one yearof experience in a retail drug store, underthe personal supervision of a registeredpharmacist; the experience required shall bepredominately related to the selling of drugsand medical supplies, compounding pre-

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scriptions, preparing pharmaceutical prepa-rations, and keeping records and makingreports required under the state and fed-eral statutes; provided, however, credit forthe experience required may be granted onlyif obtained when the apprentice is not en-rolled and in attendance in a school or col-lege of pharmacy or department of phar-macy of a university, summer vacation pe-riods excepted, and if obtained subsequentto apprenticeship registration and the ageof sixteen years; provided, further, the ap-plicant shall have completed at least the fouryear course in pharmacy as outlined by theAmerican council on pharmaceutical educa-tion, inc., unless he was duly matriculatedin a recognized school or college of phar-macy or department of pharmacy of a uni-versity prior to October i, 1941; the boardmay accept for admission to the examinationas a part of the required course of study,subjects completed in an institution otherthan a school or college of pharmacy or de-partment of pharmacy of a university, pro-ided they are subjects included in thecourse of study in the recognized school orcollege of pharmacy or department of phar-

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macy of a university or their equivalent andhave been credited by the recognized schoolor college of pharmacy or department ofpharmacy of a university toward the comple-tion of its course of study, and, further, thatsuch subjects or their equivalent cover notmore than the equivalent of one year of therequired four year course of study.

This act shall not apply to applicants onor before July I, 1945 and shall not affectthose who have qualified under the presentrequirements and have failed to register as apharmacist. (119 V. 134.)

Section 1303-1. The state board ofpharmacy shall appoint an entrance exam-iner who shall not be directly or indirectlyconnected with a school, or college of phar-macy or department of pharmacy of a uni-versity, who shall determine the sufficiencyof the preliminary education of the appli-cants for admission to a school, or college ofpharmacy or a department of pharmacy of auniversity in this state that is recognizedand approved by the state board of phar-macy and to whom all applicants shall sub-mit credentials. Application of those so ap-

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plying shall be made upon blanks furnishedby the state board of pharmacy and accom-panied with the fee as required under sec-tion 1311.

Graduation from a legally constituted firstgrade high school, or its equivalent, shall besufficient preliminary education credentials.If the entrance examiner finds that the pre-liminary education of the applicant is suffi-cient, he shall issue to the applicant a pre-liminary education certificate therefor whichshall be attested by the secretary of the stateboard of pharmacy. The compensation ofthe entrance examiner shall be fixed by thestate board of pharmacy. (119 v. 134.;)

Section 1303-2. The state board ofpharmacy shall consider a school or collegeof pharmacy or a department of pharmacyof a university for recognition and approvalwhich requires the following: (1) Allstudents wishing to enter a school or collegeof pharmacy or a department of pharmacyof a university within the state, must presenta preliminary education certificate issued bythe entrance examiner and attested by thesecretary of the state board of pharmacy.

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(2) A four year course in pharmacy cover-ing at least the course in pharmacy as out-lined by the American council on pharma-ceutical education, inc. A school or collegeof pharmacy or a department of pharmacyof a university without the state that seeksrecognition and approval of the board shallrequire all applicants to be a graduate froma legally constituted first grade high schoolor its equivalent and shall meet all require-ments demanded from schools and collegesof pharmacy or departments of pharmacy ofa university within this state. (119 v. 135.)

Section 1303-3. It shall be the duty ofregistered pharmacists, or other employers,who take into their employ an apprentice forthe purpose of his becoming a pharmacist,to register said apprentice within ninety daysthereafter, with the state board of pharmacy.The date of experience required of applicantfor registered pharmacist shall be computedfrom the date of entering said apprentice-ship ; and if he or she fails to register, thenhe or she shall receive no credit for expe-rience in a retail drug store when he or shemakes application for examination. The

2 D. L.

16

said state board of pharmacy shall furnishproper blanks for this purpose and issue acertificate of registration as a registered ap-prentice upon payment of the fee as requiredin section 1311 of the General Code. An ap-prentice having served part or all of his timein a retail drug store without the state shallbe given credit for the same when affidavitof his said employment is made by his em-ployer showing the exact time served, andwhen same is attested by the secretary of thestate board of pharmacy of that state. (119v. 135-)

Section 1303-4. Nothing in this act orany existing law shall prevent any personwho is a citizen of the United States fromtaking the state board of pharmacy examina-tion for registration as a pharmacist, if suchperson was at least twenty-one years of ageon July 1st, nineteen hundred and seventeen,and had had at least four years’ practicaldrug store experience prior to such date.Provided also, that any legally registeredassistant pharmacist now registered in thestate, may have the privilege of taking theexamination for registration as a registeredpharmacist. (119 v. 308.)

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Section 1304. If the state board ofpharmacy is satisfied that the applicant forexamination is a citizen of the United States,is of the required age, is of good moral char-acter, possessed of the practical experienceand educational qualifications required, andpasses a satisfactory examination, it shallissue him a certificate authorizing him topractice the profession of a pharmacist.(113 v. 644.)

Section 1305. The state board of phar-macy may register a person as a pharmacistwithout examination and issue him a certifi-cate of such registration if he is legally reg-istered as a pharmacist and holds a certifi-cate of such registration under the laws ofanother state, upon the following conditions:Each applicant for such registration musthave been registered by examination and atthe time of examination in the state in whichhe is registered must have filed with theboard at least the credentials that were thenrequired by this board for admission to theexamination for a pharmacist certificate,(no v. 380.)

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Section 1306. The standard of qualifica-tion and requirement as to competency inanother state shall at least be as thorough asthat established by the board of pharmacy ofthis state, provided however, that in case thequalifications established by any state are notas thorough as those established by theboard of pharmacy of this state, such factshall not prevent reciprocal registration tothose applicants who at the time of examina-tion and registration in another state had therequirements as demanded by the board ofpharmacy of this state. The board shall notrecognize certificates of registration grantedby another state unless recognition is givento residents of this state holding certificatesfrom its board of pharmacy. (107 v. 541.)

Section 1306-1. That every person regis-tered as a pharmacist or as an assistant phar-macist or under a corresponding title in anyother state or territory of the United Statesof America, or in the District of Columbia,who has served in the army or navy of theUnited States while at war with Austria-Hungary and Germany, and who has beenhonorably discharged from the service of the

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United States army or navy be permittedwithin six months after such honorable dis-charge, upon proof thereof, and upon proofof such registration above mentioned, to thesatisfaction of the state board of pharmacy,to practice the profession as a pharmacist orassistant pharmacist, as the case may be,within the state for a period not to exceedsix months. The state board of pharmacyshall issue a permit to that effect to all per-sons applying therefor and complying withthe requirements of this section. (io8v. 14.)

Section 1306-2. Any person who underthe provision of section 1306-1, has receivedsuch permission for the period of six monthsto practice the profession as a pharmacist orassistant pharmacist, after having residedwithin this state for not less than threemonths, who upon oath declares an intentionto permanently reside therein, may apply tothe state board of pharmacy for registrationas a pharmacist or assistant pharmacist, asthe case may be, under the laws of this state,upon payment of the fees provided for insection 1311 of the General Code for issuinga certificate to a pharmacist or assistant

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pharmacist and proof of good character andreputation, subject to the rules and regula-tions for that purpose prescribed by the stateboard of pharmacy, and said board uponsuch application, satisfactory proof and pay-ment of fees, shall issue a certificate ofregistration as pharmacist or assistant phar-macist as the case may be, to such a personwithout requiring him to meet other pro-visions of law which may otherwise prevailfor reciprocal registration within this state,subject, however, after registration, to allthe other provisions of law which governthose who are registered within the state aspharmacist or assistant pharmacist. (108v. 14.)

Section 1307. Each certificate and eachrenewal certificate issued by the state boardof pharmacy shall entitle the person to whomit is granted to practice the profession ofpharmacist or assistant pharmacist for threeyears. The board may refuse to grant acertificate to a person guilty of felony orgross immorality, or addicted to the liquoror drug habit to such a degree as to renderhim unfit to practice pharmacy, and, after

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notice and hearing, may suspend or revoke acertificate for like cause or for fraud in pro-curing it. Within thirty days an appeal maybe taken from the action of the state boardof pharmacy refusing to grant or suspendingor revoking a certificate to the common pleascourt of Franklin county or to the commonpleas court of the county in which the per-son who has been refused a certificate orwhose certificate has been suspended or re-voked resides. The judgment of the com-mon pleas court may be reviewed upon pro-ceedings in error in the court of appeals. Nocertificate shall be suspended for a longerperiod than two years. If during such sus-pension the existing certificate shall have ex-pired, the board may, at the end of such sus-pension, renew such certificate upon pay-ment to the state board of pharmacy the feeprescribed in Section 13 11 of the GeneralCode for renewal of a certificate. (107 v.54 1-)

Section 1307-1. The state board of phar-macy or the accused shall have the power torequire the attendance of such witnesses andthe production of such books, records and

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papers as either may desire at any hearingof any matter of which the board has au-thority to investigate, and for that purposeeither may require the secretary of the boardto issue a subpoena for any witness or asubpoena duces tecum to compel the produc-tion of any books, records or papers, directedto the sheriff of the county where such wit-ness resides or is found, which shall beserved and returned in the same manner asa subpoena in a criminal case is served andreturned. The fees and mileage of thesheriff and witnesses shall be the same asthat allowed in the common pleas court incriminal cases. Fees and mileage shall bepaid from the fund in the state treasury forthe use of the board in the same manner asother expenses of the said board are paid.Depositions of witnesses residing within orwithout the state may be taken by the boardor the accused in the same manner prescribedby law for like depositions in civil action inthe common pleas court. In any case of dis-obedience thereto or neglect of any subpoenaserved on any person or the refusal of anywitness to testify to any matter regardingwhich he may lawfully be interrogated, it

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shall be the duty of the common pleas courtof any county where such disobedience, neg-lect or refusal occurs, or any judge thereof,on application by the secretary of the stateboard of pharmacy to compel obedience byattachment proceedings for contempt as inthe case of disobedience of the requirementsof a subpoena issued from such court or arefusal to testify therein. (107 v. 542-)

Section 1307-2. Any investigation, in-quiry or hearing, which the state board ofpharmacy is empowered by law to hold orundertake may be held or undertaken by orbefore any member or members of the stateboard of pharmacy and the finding or orderof such member or members of said boardshall be deemed to be the order of said boardwhen approved and confirmed by it. (107v- 542.)

Section 1308. Each person registered asa pharmacist or assistant pharmacist as pro-vided herein, shall be entitled to practice hisprofession until the expiration of his certifi-cate of registration. If a registered pharma-cist or assistant pharmacist desires to con-

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tinue the practice of his profession he shallfile with the state board of pharmacy an ap-plication for a renewal of his certificatewithin thirty days next preceding its expira-tion ; and if the board finds that the applicanthas been duly registered in this state and isentitled thereto, it shall issue him a renewalcertificate signed by its president and secre-tary. The right to obtain such a certificateshall not be denied a person within threeyears after the expiration of his certificateof registration. If a registered person failsto make application for such renewal withinsixty days after the expiration of his cer-tificate, he shall pay the secretary of the stateboard of pharmacy the fee as provided for insection 1311. (nov. 380.)

Section 1309. If a registered pharmacistor assistant pharmacist fails to make appli-cation to the board for a renewal certificatewithin a period of three years from the ex-

piration of his certificate, he must pass anexamination for registration; except that aperson, who has been registered under thelaws of this state and after the expiration ofhis registration, has continually practiced

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pharmacy in another state under a certifi-cate issued by its authority, may obtain arenewal certificate upon payment to the sec-retary of the state board of pharmacy thefee as provided for in section 1311. (nov. 380.)

Section 1309-1. A duplicate certificatemay be issued to persons registered as apharmacist or assistant pharmacist whose cer-tificate has been lost or destroyed, upon thefollowing condition: The applicant must de-clare by affidavit that he actually resideswithin the state and in the affidavit set forththe facts concerning the loss or destructionof his certificate. A temporary certificate orletter of certification may be issued by thesecretary of the state board of pharmacy fora period of not more than one year, pendingthe determination of the validity of the ap-plication for a duplicate certificate, (no v.380.)

Section 1309-2. A duplicate certificatefor other than pharmacist or assistant phar-macist may be issued to persons whose cer-tificate has been lost or destroyed, provided,

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however, the applicant file an applicationunder oath, setting forth the facts concern-ing his or her registration and how the cer-tificate came to be lost or destroyed, (no v.38i.)

Section 1310. Each certificate of regis-tration shall he conspicuously exposed in thepharmacy or drug store of which the phar-macist or assistant pharmacist to whom it isissued is the owner or manager, or in chargeof or in which he is employed. (99 v. 506§ 74-)

Section 1311. The state board of phar-macy shall charge and collect the followingfees:

For the examination of an applicant for acertificate as pharmacist, twenty-five dollars;

For issuing a renewal certificate to a phar-macist, five dollars;

For issuing a renewal certificate to an as-sistant pharmacist, five dollars;

For issuing a certificate to a pharmaciston presentation of a certificate granted byanother state, fifty dollars;

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For issuing a renewal certificate for onethat has lapsed for more than sixty days,fifteen dollars;

For issuing a renewal certificate for onethat has lapsed for more than three years,thirty dollars;

For the examination or issuance of a pre-liminary education certificate, three dollars;

For a certificate of apprenticeship regis-tration, one dollar;

For issuing a duplicate certificate to apjharmacist or assistant pharmacist, fivedollars;

For issuing other duplicate certificatesone dollar;

For certifying examination grades, twenty-five cents;

For certifying registration and grades forreciprocal registration, one dollar;

The fee paid by the applicant shall not bereturned to him if he fails to pass an exam-ination. (113 v. 644.)

Section 1312. All fees required by theprevious section shall be paid in advance to

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the secretary of the state board of pharmacy,and by him paid into the state treasury,(no v. 381.)

Section 1313. The state board of phar-macy shall enforce, or cause to be enforced,the laws relating to the practice of pharmacy.If it has information that any provision ofthe law has been violated, it shall investi-gate the matter, and upon probable cause ap-pearing, file a complaint and prosecute theoffender. Fines assessed and collected underprosecutions commenced or caused to becommenced by the state board of pharmacyshall be paid into the state treasury to thecredit of the general revenue fund. It is theintention herein that the state board of phar-macy shall enforce or cause to be enforcedthe provisions of Sections 12705, 12706,12707, 12708, 12709 and 12710 of the Gen-eral Code. (107 v. 148.)

Section 12663. Whoever leaves or de-posits poison or a substance containingpoison in a common, street, alley, lane orthoroughfare, or a yard or enclosure occu-pied by another, shall be fined not less than

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five dollars nor more than fifty dollars orimprisoned not less than five days nor morethan thirty days, or both, and be liable tothe person injured for all damages sustainedthereby. (74 v. 13.)

Section 12664. Whoever leaves, throwsor deposits upon the doorstep or premisesowned or occupied by another or hands,gives or delivers or causes the same to bedone to any person, except in a place whereit is kept for sale, a patent or proprietarymedicine, preparation, pill, tablet, powder,cosmetic, disinfectant or antiseptic, or a drugor medicine that contains poison or any in-gredient that is deleterious to health, as asample, or for the purpose of advertising,shall be fined not less than twenty-five dol-lars nor more than one hundred dollars orimprisoned not less than thirty days normore than one hundred days, or both. (102v. 87.)

Section 12665. The terms drug, medi-cine, patent or proprietary medicine, pill,tablet, powder, cosmetic, disinfectant or anti-septic, as used in the next preceding section,

3°

shall include all remedies for internal or ex-ternal use. (95 v. 146 § 2.)

Section 12666. Whoever, knowingly sellsor delivers to any person otherwise than inthe manner prescribed by law, or sells or de-livers in the manner prescribed by law butwithout the written order of an adult, to aminor under sixteen years of age, any of thefollowing described substances or any poi-sonous compounds, combinations or prepara-tions thereof, to-wit: the compounds andsalts of antimony, arsenic, chromium, cop-per, lead, mercury, zinc, the concentratedmineral acids, oxalic and hydrocyanic acidsand their salts, yellow phosphorus, carbolicacid, the essential oils of almonds, penny-royal, tansy and savin, croton oil, creosote,chloroform, chloral hydrate, cantharides,aconite, belladonna, bitter almonds, colchi-cum, cotton root, cocculus indicus, conium,cannabis indica, digitalis, hyoscyamus, igna-tia, lobelia, nux vomica, opium, physostigma,phytolacca, strophantus, stramonium, vera-tum viride, or any of the poisonous alkaloidsor alkaloidal salts or other poisonous prin-ciples derived from the foregoing, or other

3i

poisonous alkaloids or their salts or othervirulent poison, shall be fined not less thanten dollars nor more than fifty dollars foreach offense. (95 v. 280, 282 §§ 1, 4.)

Section 12667. Whoever sells or deliv-ers to any person a substance named in thenext preceding section without having firstlearned by due inquiry that such person isaware of the poisonous character thereof andthat it is desired for a lawful purpose orwithout plainly labeling the word “poison,”and the names of two or more antidotestherefor, upon the box, bottle or packagecontaining it or delivers such substance with-out recording in a book kept for the purpose,the name thereof, the quantity delivered, thepurpose for which it is alleged to be used,the date of its delivery, and the name andaddress of the purchaser and the name of thedispenser or fails to preserve said book forfive years and submit it at all times for in-spection to proper officers of the law, shallbe fined not less than ten dollars nor morethan fifty dollars. (95 v. 280, 282 §§ 1, 4.)

Section 12668. The provisions of the3 D. L.

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next two preceding sections shall not applyto substances dispensed to or upon the orderor prescription of persons believed by thedispenser to be lawfully authorized practi-tioners of medicine or dentistry, and therecord of sale and delivery therein mentionedshall not be required of manufacturers andwholesalers selling any of such substances atwholesale, if the box, bottle or package con-taining such substance when sold at whole-sale, is labeled with the name of the sub-stance, the word “Poison,” and the nameand address of the manufacturer or whole-saler. (95 v. 281, § 2.)

Section 12669. It shall not be necessaryto place a poison label upon, nor record thedelivery of preparations containing sub-stances named in section twelve thousandsix hundred and sixty-six, when a singlebox, bottle or other package of the bulk ofone-half fluid ounce or the weight of one-half avoirdupois ounce does not containmore than an adult medicinal dose of suchpoisonous substance. (95 v. 281, § 2.)

Section 12670. It shall not be necessary

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to place a poison label upon, nor record thedelivery of, the sulphide of antimony, theoxide of carbonate of zinc, or colors groundin oil and intended for use as paints, nor ofcalomel, paregoric or other preparations ofopium containing less than two grains ofopium to the fluid ounce. (95 v. 281, § 2.)

Section 12671. It shall not be necessaryto place a poison label upon, nor record thedelivery of preparations recommended ingood faith for diarrhoea or cholera, wheneach bottle or package is accompanied byspecific directions for use and a cautionagainst the habitual use thereof, nor of lini-ments or ointments when plainly labeled “forexternal use only,” nor preparations put upand sold in the form of pills, tablets orlozenges and intended for internal use, whenthe dose recommended does not contain morethan one fourth of an adult medicinal dose ofsuch poisonous substance. (95 v. 281, § 2.)

Section 12671-1. The state board of phar-macy or anyone acting in its behalf shall en-force, or cause to be enforced, the laws re-lating to the labeling, recording, sale or de-

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livery of poisons as provided in sections12663, 12664, 12665, 12666, 12667, 12668,12669, 12670and 12671 of the General Code.If it has information that any provision ofthe law has been violated, it shall investigatethe same, and upon probable cause appear-ing, shall file a complaint and prosecute theoffender. Fines assessed and collected underprosecutions commended or caused to becommenced by the state board of pharmacyshall be paid into the state treasury to thecredit of the general revenue fund. (109 v.100.)

Section 12705. Whoever, not being alegally registered pharmacist, manages orconducts a retail drug store unless he has inhis employ in full and actual charge of thepharmaceutical department of such store, apharmacist legally registered under the lawsof this state, and, whoever being a legallyregistered pharmacist shall manage or con-duct a retail drug store without being per-sonally in full and actual charge of suchstore, or unless he has in his employ in fulland actual charge of the pharmaceutical de-partment of such store a pharmacist legally

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registered under the laws of this state, shallbe fined not less than fifty dollars nor morethan two hundred dollars. Each day’s vio-lation of this section shall constitute a sepa-rate offense. A retail drug store, within themeaning of this section, shall be any room,rooms or place of business wherein drugs,poisons, chemicals or pharmaceutical prepa-rations shall be offered or displayed for saleat retail, or upon which as a sign the words“pharmacy,” “drugs,” “drug store,” “phar-macist,” “pharmaceutical chemist,” “apothe-cary” or any of these words, or their equiv-alent in any language, are or is displayed.(i°8 v. 1233.)

Section 12706. Whoever, not being alegally registered pharmacist, or a legallyregistered assistant pharmacist employed ina pharmacy or drug store under the manage-ment or control of a legally registered phar-macist, compounds, dispenses or sells a drug,chemical, poison or pharmaceutical prepara-tion, shall be fined not less than fifty dollarsnor more than two hundred dollars. Eachday’s violation of this section shall constitutea separate offense. (108 v. 1233.)

36Section 12707. The next two preceding

sections shall not apply to a physician or pre-vent him from supplying his patients withsuch medicines as to him seems proper, themaking or vending of patent or proprietarymedicines by a retail dealer, the selling ofcopperas, borax, blue vitriol, saltpeter, sul-phur, brimstone, licorice, sage, juniper ber-ries, senna leaves, castor oil, sweet oil, spiritsof turpentine, glycerine, glauber’s salt,cream of tartar, bicarbonate of sodium,quinine, rochelle salts, epsom salts, alum,camphor gum, oil of cinnamon, oil of lemon,essence of peppermint, essence of cinnamon,essence of ginger, hive syrup, syrup ofipecac, tincture of arnica, syrup of tolu,syrup of squills, spirits of camphor, numbersix, sweet spirits of nitre, compound ca-thartic pills, and quinine pills, and othersimilar preparations when compounded bya legally registered pharmacist and put upin bottles or boxes bearing the label of suchpharmacist or a wholesale druggist, with thename of the article and directions for its useon each bottle or box.

The next two preceding sections shall notapply to, interfere with or prevent the sale

37

of red squill or any preparation thereof tobe used for the extermination of rats or miceby any person, firm or corporation whenproperly labeled with directions for its useon each package. (118 v. 682.)

Section 12708. Sections twelve thousandseven hundred and five and twelve thousandseven hundred and six shall not prohibit aperson from selling Paris green and othermaterials or compounds used exclusively forspraying and disinfecting when put up inbottles or boxes, bearing the name of alegally registered pharmacist or wholesaledealer, and labeled as required by law, orapply to or interfere with the exclusivelywholesale business of a dealer. (108 v.427- )

Section 12708-1. Sections 12705 and12706 of the General Code shall not applyto, interfere with or prohibit any person,firm or corporation from selling completelydenatured alcohol or wood alcohol, (nov. 294.)

Section 12708-2. Whoever shall have inhis possession, or dispenses or sells packages

38or containers of completely denatured al-cohol or wood alcohol containing five winegallons or more without having marked orstenciled thereon the name and address of theseller, the degree of proof of such alcohol,the formula number, and, in letters of notless than one inch in height, the words,“Completely Denatured Alcohol” or “WoodAlcohol,” as the case may be, and the namesof two or more antidotes for the same, shallbe fined not less than ten dollars nor morethan fifty dollars. The provisions of thissection, the next succeeding section and sec-tion 12667 °f the General Code shall notinterfere with the transfer of such alcoholfrom storage tanks to other packages or con-tainers, nor require the placing of such markor stencil upon transportation tanks, nor theregistration or placing of mark or stencilupon fuel tanks, automobile radiators orsimilar containers for the final use or con-sumption of such alcohol and from which nofurther distribution thereof is made, (nov. 295.)

Section 12708-3. Whoever dispenses orsells completely denatured alcohol or wood

39

alcohol in packages containing less than fivewine gallons without having affixed theretoa label on which is printed or stenciled inplain, legible, red letters of equal prominenceon a white background the words, “Com-pletely Denatured Alcohol” or “Wood Al-cohol,” as the case may be, and in additionon the same label in red ink, under the skulland crossbones symbol, the word “POI-SON” together with the following state-ment : “Completely denatured alcohol, orwood alcohol is a violent poison. It cannotbe applied externally to human or animaltissue without serious injurious results. Itcannot be taken internally without inducingblindness and general physical decay ulti-mately resulting in death,” and without hav-ing stamped, stenciled or printed upon suchlabel the name and address of the seller,the degree of proof, and the formula num-ber thereof, shall be fined not less than tendollars nor more than fifty dollars. Neitherthe word “pure” nor the single word “alco-hol” alone shall appear on any label of com-pletely denatured alcohol or wood alcohol,(no v. 295.)

40

Section 12708-4. Whoever, dispensing,selling or offering for sale completely dena-tured alcohol or wood alcohol, displays asign or uses a label or advertises such alco-hol having the word “pure” or the singleword “alcohol” alone thereon, or fails tostate the degree of proof of such alcohol, orfails to have the letters displaying or adver-tising “Completely Denatured Alcohol” or“Wood Alcohol” plain, legible and of equalprominence, shall be fined not less than tendollars nor more than fifty dollars, (nov. 295.)

Section 12708-5. All provisions of sec-tions 12708-2, 12708-3 and 12708-4 shall beenforced as provided for in section 1313 ofthe General Code, (no v. 296.)

Section 12709. Whoever files with thestate board of pharmacy a false or forged af-fidavit, or makes a false statement underoath, with intent to secure for himself oranother a certificate of registration, or a re-newal thereof, shall be imprisoned in thepenitentiary not less than one year nor morethan three years. (99 v. 507 § 80.)

4i

Section 12710. Whoever, being a regis-tered pharmacist or assistant pharmacist,fails to display in a conspicuous place hiscertificate of registration as required by law,shall be fined not less than five dollars normore than twenty dollars. Each day’s vio-lation of this section shall constitute a sepa-rate offense. (99 v. 508 § 81.)

NARCOTIC LAWS

Sec. 12672-1.The following words and phrases, as used

in this act, shall have the following mean-ings, unless the context otherwise requires:

(1) “Person” includes any corporation,association, copartnership of one or more in-dividuals.

(2) “Physician” means a person author-ized by law to practice medicine in this stateand any other person authorized by law totreat sick and injured human beings in thisstate and to use narcotic drugs in connectionwith such treatment.

(3) “Dentist” means a person author-ized by law to practice dentistry in this state.

42

(4) '‘Veterinarian” means a person au-thorized by law to practice veterinary med-icine in this state.

(5) “Manufacturer” means a personwho by compounding, mixing, cultivating,growing, or other process, produces or pre-pares narcotic drugs, but does not includean apothecary who compounds narcoticdrugs to be sold or dispensed on prescrip-tions.

(6) “Wholesaler” means a person whosupplies narcotic drugs that he himself hasnot produced nor prepared, on official writ-ten orders, but not on prescriptions.

(7) “Apothecary” means a licensedpharmacist as defined by the laws of thisstate and, where the context so requires, theowner of a store or other place of businesswhere narcotic drugs are compounded ordispensed by a licensed pharmacist; butnothing in this act shall be construed as con-ferring on a person who is not registerednor licensed as a pharmacist any authority,right, or privileges, that is not granted tohim by the pharmacy laws of this state.

(8) “Hospital” means an institution for

43

the care and treatment of the sick and in-jured, certified by the state department ofhealth and approved by the state board ofpharmacy as proper to be entrusted with thecustody of narcotic drugs and professionaluse of narcotic drugs under the direction ofa physician, dentist, or veterinarian.

(9) “Laboratory” means a laboratoryapproved by the state board of pharmacy asproper to be entrusted with the custody ofnarcotic drugs and the use of narcotic drugsfor scientific and clinical purposes and forpurposes of instruction.

(10) “Sale” includes barter, exchange,or gift, or offer therefor, and each suchtransaction made by any person, whether asprincipal proprietor, agent, servant, or em-ployee.

(11) “Coca leaves” includes cocaine andany compound, manufacture, salt, derivative,mixture, or preparation of coca leaves, ex-cept derivative of coca leaves, which do notcontain cocaine, ecgonine, or substancesfrom which cocaine or ecgonine may be syn-thesized or made.

44*

(12) “Opium” includes morphine, co-deine, and heroin, and any compound, man-ufacture, salt, derivative, mixture, or prepa-ration of opium.

(12a) “Cannabis” includes the follow-ing substances under whatever names theymay be designated:

(1) The dried flowering or fruiting topsof the pistillate plant cannabis sativa L,from which the resin has not been ex-tracted ;

(2) The resin extracted from such tops;and

(3) Every compound, manufacture, salt,derivative, mixture or preparation of suchresin or of such tops from which the resinhas not been extracted.

(13) “Narcotic drugs” means coca,leaves, opium, cannabis and every substancenot chemically distinguishable from them.

(14) “Federal narcotic laws” means thelaws of the United States relating to opium,coca leaves and other narcotic drugs.

(15) “Official written order” means anorder written on a form provided for that

45

purpose by the United States commissionerof narcotics, under any laws of the UnitedStates making provision therefor, if suchorder forms are authorized and required byfederal law.

(16) “Dispense” includes distribute,leave with, give away, dispose of, or de-liver.

(17) “Registry number” means thenumber assigned to each person registeredunder the federal narcotic laws. (116 v.491.)

Sec. 12672-2. It shall be unlawful forany person to manufacture, possess, haveunder his control, sell, prescribe, administer,dispense, or compound any narcotic drug,except as authorized in this act.

No person shall cultivate, grow or byother processes produce opium, coca leaves,cannabis, or other narcotic drugs withoutfirst having obtained a license so to do fromthe state board of pharmacy.

A fee of five ($5.00) dollars shall becharged for any license so issued. Thestate board of pharmacy is authorized to

46make rules and regulations governing theissue of any such license, provided, how-ever, that this section shall not apply toapothecaries, physicians, dentists and vet-erinarians in the regular course of theirlegitimate profession activities. (116 v.493-)

Sec. 12672-3.No license shall be issued under the fore-

going section unless and until the applicanttherefor has furnished proof satisfactory tothe state board of pharmacy:

(a) That the applicant is of good moralcharacter or, if the applicant be an associa-tion or corporation, that the managing of-ficers are of good moral character.

(b) That the applicant is equipped asto land, buildings, and paraphernalia prop-erly to carry on the business described inhis application; and that his trade connec-tions are such that there is a reasonableprobability that he will apply all narcoticdrugs grown or cultivated by him to scien-tific, experimental, medicinal or for pur-poses of instruction. That the applicant is

47

in sufficiently good financial condition tocarry out his obligation, and that it is sat-isfactorily shown that the granting of suchlicense is in the public interest.

No license shall be granted to any per-son who has within five years been con-victed of a willful violation of any law ofthe United States, or of any state, relatingto opium, coca leaves, or any other nar-cotic drug, or to any person who is a nar-cotic drug addict.

The state board of pharmacy may sus-pend or revoke for cause, any license issuedunder this act. All licenses shall be issuedfor a period of one year from the first dayof July and renewals may be granted for alike period upon payment of a renewal feeof five ($5.00) dollars. (116 v. 493.)Sec. 12672-4.

(1) A duly licensed manufacturer orwholesaler may sell and dispense narcoticdrugs to any of the following persons, butonly on official written orders:

(a) To a manufacturer, wholesaler, orapothecary.

4 D. L.

48

(b) To a physician, dentist or veteri-narian.

(c) To a person in charge of a hospital,but only for use by or in that hospital; pro-vided, the official written order is signed bya physician, dentist, veterinarian or apothe-cary connected with such hospital.

(d) To a person in charge of a labora-tory, but only for use in that laboratory forscientific and clinical purposes.

(2) A duly licensed manufacturer orwholesaler may sell narcotic drugs to any ofthe following persons:

(a) On a special written order accom-panied by a certificate of exemption, as re-quired by the federal narcotic laws, to aperson in the employ of the United Statesgovernment or of any state, territorial, dis-trict, county, municipal, or insular govern-ment, purchasing, receiving, possessing, ordispensing narcotic drugs by reason of hisofficial duties.

(b) To a master of a ship or a personin charge of any aircraft upon which nophysician is regularly employed, for the ac-

49

tual medical needs of persons on board suchship or aircraft, when not in port. Pro-vided, such narcotic drugs shall be sold tothe master of such ship or person in chargeof such aircraft only in pursuance of aspecial order form approved by a commis-sioned medical officer or acting assistantsurgeon of the United States public healthservice.

(c) To a person in a foreign country ifthe provisions of the federal narcotic lawsare complied with.

(3) An official written order for anynarcotic drug shall be signed in duplicateby the person giving said order or by hisduly authorized agent. The original shallbe presented to the person who sells or dis-penses the narcotic drug or drugs namedtherein. In the event of the acceptance ofsuch order by said person, each party tothe transaction shall preserve his copy ofsuch order for a period of two years in sucha way as to be readily accessible for inspec-tion by any public officer or employee en-gaged in the enforcement of this act. Itshall be deemed a this sub-

50

section if the parties to the transaction havecomplied with the federal narcotic laws, re-specting the requirements governing the useof order forms.

(4) Possession of or control of narcoticdrugs contained as authorized by this sec-tion shall be lawful if in the regular courseof business, occupation, profession, employ-ment, or duty of the possessor.

(5) A person in charge of a hospitalor of a laboratory, or in the employ of thisstate or of any other state, or of any po-litical subdivision thereof, and a master orother proper officer of a ship or aircraft,who obtains narcotic drugs under the pro-visions of this section or otherwise, shallnot administer, nor dispense, nor otherwiseuse such drugs, within this state, exceptwithin the scope of his employment or of-ficial duty, and then only for scientific ormedicinal purposes and subject to the pro-visions of this act. (116 v. 494.)

Sec. i'26y2-5.(1) An apothecary, in good faith, may

sell and dispense narcotic drugs to any per-

5i

son upon a written prescription of a physi-cian, dentist, or veterinarian, provided it isproperly executed, dated and signed by theperson prescribing on the day when issuedand bearing the full name and address of thepatient for whom, or of the owner of theanimal for which, the drug is dispensed,and the full name, address, and registrynumber under the federal narcotic laws ofthe person prescribing, if he is requiredby those laws to be so registered. If theprescription be for an animal, it shall statethe species of animal for which the drugis prescribed. The person filling the pre-scription shall write the date of filling andhis own signature on the face of the pre-scription. The prescription shall be re-tained on file by the proprietor of the phar-macy in which it is filled for a period oftwo years so as to be readily accessible forinspection by any public officer or employeeengaged in the enforcement of this act. Theprescription shall not be refilled.

(2) The legal owner of any stock ofnarcotic drugs in a pharmacy, upon dis-continuance of dealing in said drugs, may

52

sell said stock to a manufacturer, whole-saler, or apothecary, but only on an officialwritten order.

(3) An apothecary, only upon an offi-cial written order, may sell to a physician,dentist, or veterinarian, in quantities notexceeding one ounce at any one time, aque-ous or oleaginous solutions of which thecontent of narcotic drugs does not exceed aproportion greater than twenty per cent ofthe complete solution, to be used for me-dicinal purposes. (116 v. 495.)Sec. 12672-6.

(1) A physician or a dentist, in goodfaith and in the course of his professionalpractice only, may prescribe, on a writtenprescription, administer, or dispense nar-cotic drugs, or he may cause the same tobe administered by a nurse or interne underhis direction and supervision. Such a pre-scription shall be dated and signed by theperson prescribing on the day when issuedand shall bear the full name and address ofthe patient for whom the narcotic drug isprescribed and the full name, address andregistry number under the federal narcotic

53

laws of the person prescribing, providinghe is required by those laws to be so regis-tered.

(2) A veterinarian, in good faith andin the course of his professional practiceonly, and not for use by a human being,may prescribe, on a written prescription, ad-minister, and dispense narcotic drugs, andhe may cause them to be administered byan assistant or orderly under his directionand supervision. Such a prescription shallbe dated and signed by the person prescrib-ing on the day when issued and shall bearthe full name and address of the owner ofthe animal, the species of the animal forwhich the narcotic drug is prescribed andthe full name, address and registry numberunder the federal narcotic laws of the per-son prescribing, provided he is required bythose laws to be so registered.

(3) Any person who has obtained froma physician, dentist, or veterinarian any nar-cotic drug for administration to a patientduring the absence of such physician, den-tist, or veterinarian, shall return to suchphysician, dentist, or veterinarian any un-

54

used portion of such drug, when it is nolonger required by the patient. (116 v.495-)

Sec. 12672-7Except as otherwise in this act specific-

ally provided, this act shall not apply to thefollowing cases:

(1) Where a physician, dentist or vet-erinarian administers or dispenses ; or wherean apothecary sells at retail of any med-icinal preparation that contains in one fluidounce, or if a solid or semi-solid prepara-tion, in one avoirdupois ounce, (a) not morethan two grains of opium, (b) not morethan one-quarter of a grain of morphine orof any of its salts, (c) not more than onegrain of codeine or of any of its salts, (d)not more than one-eighth of a grain ofheroin or any of its salts, (e) not more thanone-half of a grain of extract of cannabisnor more than one-half of a grain of anymore potent derivative or preparation ofcannabis.

(2) Where a physician, dentist or vet-erinarian administers or dispenses; or where

55

an apothecary sells at retail of liniments,ointments, and other preparations, that aresusceptible of external use only and thatcontain narcotic drugs in such combinationas prevent their being readily extractedfrom such liniments, ointments, or prepara-tions, except that this act shall apply to allliniments, ointments, and other prepara-tions, that contain coca leaves in any quan-tity or combination.

The exemptions authorized by this sec-tion shall be subject to the following con-ditions :

(a) No person shall prescribe, adminis-ter, dispense or sell under the exemptionsof this section, to any one person, or forthe use of any one person or animal, anypreparation or preparations included withinthis section, when he knows, or can byreasonable diligence ascertain, that suchprescribing, administering, dispensing orselling will provide the person to whom orfor whose use, or the owner of the animalfor the use of which, such preparation isprescribed, administered, dispensed, or sold,within any forty-eight consecutive hours,with more than four grains of opium, or

56

more than one-half grain of morphine or ofany of its salts, or more than two grains ofcodeine or of any of its salts, or more thanone-quarter of a grain of heroin or of anyof its salts, or will provide such person orthe owner of such animal, within forty-eightconsecutive hours, with more than onepreparation exempted by this section fromthe operation of this act.

(b) The medicinal preparation, or theliniment, ointment, or other preparationsusceptible of external use only, prescribed,administered, dispensed or sold, shall con-tain, in addition to the narcotic drug in it,some drug or drugs conferring upon itmedicinal qualities other than those pos-sessed by the narcotic drug alone. Suchpreparation shall be prescribed, adminis-tered, compounded, dispensed and sold ingood faith as a medicine, and not for thepurpose of evading the provisions of thisact.

Nothing in this section shall be construedto limit the kind and quantity of any nar-cotic drug that may be prescribed, admin-istered, dispensed or sold, to any person

57

or for the use of any person or animal,when it is prescribed, administered, com-pounded, dispensed or sold, in compliancewith the general provisions of this act. (116v. 496.)

Sec. 12672-8.(i) Every physician, dentist, veterina-

rian or other person who is authorized toadminister or professionally use narcoticdrugs, shall keep a record of such drugsreceived by him, and a record of all suchdrugs administered, dispensed or profes-sionally used by him otherwise than by pre-scription. It shall, however, be deemed asufficient compliance with this sub-sectionif any such person using small quantitiesof solutions or other preparations of suchdrugs for local application, shall keep a rec-ord of the quantity, character and potencyof such solutions or other preparations pur-chased or made up by him, and of the dateswhen purchased or made up, without keep-ing a record of the amount of such solutionor other preparation applied by him to in-dividual patients.

Provided, that no record need be kept of

58narcotic drugs administered, dispensed, orprofessionally used in the treatment of anyone patient, when the amount administered,dispensed or professionally used for thatpurpose does not exceed in any forty-eightconsecutive hours, (a) four grains of opium,or (b) one-half of a grain of morphine orof any of its salts, or (c) two grains of co-deine or of any of its salts, or (d) one-fourthof a grain of heroin or of any of its salts, or(e) a quantity of any other narcotic drugor any combination of narcotic drugs thatdoes not exceed in pharmacologic potencyany one of the drugs named above in thequantity stated.

(2) Manufacturers and wholesalers shallkeep records of all narcotic drugs com-pounded, mixed, cultivated, grown or by anyother process produced or prepared, and ofall narcotic drugs received and disposed ofby them, in accordance with the provisions ofsub-section 5 of this section.

(d) Apothecaries shall keep records ofall narcotic drugs received and disposed ofby them, in accordance with the provisionsof sub-section 5 of this section.

59

(4) Every person who purchases forresale, or who sells narcotic drug prepara-tions exempted by section 7 of this act, shallkeep a record showing the quantities andkinds thereof received and sold, or disposedof otherwise, in accordance with the pro-visions of sub-section 5 of this section.

(5) The keeping of a record requiredby or under the federal narcotic law, shalconstitute the only record required to btkept by every person who purchases foiresale or who sells narcotic drug prepara-tions exempted. Written orders shall notbe required for the sale of cannabis indicaor cannabis sativa, and the provisions of thesub-title in respect to written orders andrecords shall not apply to cannabis indicaand cannabis sativa, but manufacturers andwholesalers of cannabis indica and cannabissativa shall be required to render, with everysale of cannabis indica and cannabis sativa,an invoice whether such sale be for cash oron credit; and such invoice shall containthe date of such sale, the name and addressof the purchaser, and the amount of can-nabis indica or cannabis sativa so sold.

6o

Every purchaser of cannabis indica or can-nabis sativa from a wholesaler or manufac-turer shall be required to keep the invoicerendered with such purchase for a periodof two years. The form of records shallbe prescribed by the state board of phar-macy. The record of narcotic drugs re-ceived shall in every case show the date ofreceipt, the name and address of the personfrom whom received, and the kind and quan-tity of drugs received; the kind and quan-tity of narcotic drugs produced or removedfrom process of manufacture, and the dateof such production or removal from processof manufacture; and the record shall inevery case show the proportion of mor-phine, cocaine or ecgonine contained in orproducible from crude opium or coca leavesreceived or produced. The record of allnarcotic drugs sold, administered, dispensedor otherwise disposed of, shall show thedate of selling, administering or dispensing,the name and address of the person towhom, or for whose use, or the owner andspecies of animal for which the drugs weresold, administered or dispensed, and thekind and quantity of drugs. Every such

6i

record shall be kept for a period of twoyears from the date of the transaction re-corded. The keeping of a record requiredby or under the federal narcotic laws, con-taining substantially the same informationas is specified above, shall constitute com-pliance with this section, except that everysuch record shall contain a detailed list ofnarcotic drugs lost, destroyed or stolen, ifany, the kind and quantity of such drugs,and the date of the discovery of such loss,destruction or theft. (u6v. 497.)

Sec. 12672-9.(1) Whenever a manufacturer sells or

dispenses a narcotic drug, and whenever awholesaler sells or dispenses a narcoticdrug in a package prepared by him, he shallsecurely affix to each package in which thatdrug is contained a label showing in legibleEnglish the name and address of the vendorand the quantity, kind, and form of narcoticdrug contained therein. No person, exceptan apothecary for the purpose of filling aprescription under this act, shall alter, de-face, or remove any label so affixed.

62

(2 ) Whenever an apothecary sells ordispenses any narcotic drug on a prescrip-tion issued by a physician, dentist, or vet-erinarian, he shall affix to the container inwhich such drug is sold or dispensed, alabel showing his own name, address andregistry number, or the name, address, andregistry number of the apothecary for whomhe is lawfully acting; the name and addressof the patient or, if the patient is an animal,the name and address of the owner of theanimal and the species of the animal; thename, address, and registry number of thephysician, dentist, or veterinarian, by whomthe prescription was written; and such di-rections as may be stated on the prescription.No person shall alter, deface, or remove anylabel so affixed as long as any of the origi-nal contents remain. (116 v. 499.)

Sec. 12672-10.A person to whom or for whose use any

narcotic drug has been prescribed, sold, ordispensed, by a physician, dentist, apothe-cary, or other person authorized under theprovisions of section 4 of this act, and theowner of any animal for which any such

63drug has been prescribed, sold, or dispensed,by a veterinarian, may lawfully possess itonly in the container in which it was de-livered to him by the person selling or dis-pensing the same. (116 v. 499.)

Sec. 12672-11.The provisions of this act restricting the

possession and having control of narcoticdrugs shall not apply to common carriers orto warehousemen, while engaged in lawfullytransporting or storing such drugs, or to anyemployee of the same acting within the scopeof his employment; or to public officers ortheir employees in the performance of theirofficial duties requiring possession or controlof narcotic drugs; or to temporary inci-dental possession by employees or agents ofpersons lawfully entitled to possession, orby persons whose possession is for the pur-pose of aiding public officers in performingtheir official duties. (116 v. 499.)

Sec. 12672-12.Any store, shop, warehouse, dwelling

house, building, vehicle, boat, aircraft, orany place whatever, which is resorted to by

5 D. L.

64narcotic drug addicts for the purpose ofusing narcotic drugs or which is used forthe illegal keeping or selling of the same,shall be deemed a common nuisance. Noperson shall keep or maintain such a com-mon nuisance. (116 v. 499.)

Sec. 12672-13.All narcotic drugs, the lawful possession

of which is not established or the title towhich cannot be ascertained, which havecome into the custody of a peace officer,shall be forfeited, and disposed of as fol-lows :

(a) Except as in this section otherwiseprovided, the court or magistrate having jur-isdiction shall order such narcotic drugs for-feited and destroyed. A record of the placewhere said drugs were seized, of the kindsand quantities of drugs so destroyed, and ofthe time, place, and manner of destruction,shall be kept, and a return under oath, re-porting said destruction, shall be made tothe court or magistrate and to the UnitedStates Commissioner of narcotics, by the of-ficer who destroys them.

65

(b) Upon written application by thestate department of health, the court ormagistrate by whom the forfeiture of nar-cotic drugs has been decreed may order thedelivery of any of them, except heroin andits salts and derivations, to said state depart-ment of health, for distribution or destruc-tion, as hereinafter provided.

(c) Upon application by any hospitalwithin this state, not operated for privategain, the state department of health may inits discretion deliver any narcotic drugs thathave come into its custody by authority ofthis section to the applicant for medicinaluse. The state department of health mayfrom time to time deliver excess stocks ofsuch narcotic drugs to the United Statescommissioner of narcotics or may destroythe same.

(d) The state department of health shallkeep a full and complete record of all drugsreceived and of all drugs disposed of, show-ing the exact kinds, quantities, and formsof such drugs; the persons from whom re-ceived and to whom delivered; by whoseauthority received, delivered, and destroyed;

66

and the dates of the receipt, disposal, or de-struction, which record shall be open to in-spection by all federal or state officerscharged with the enforcement of federal andstate narcotic laws. (116 v. 500.)

Sec. 12672-14.On the conviction of any person of the

violation of any provision of this act, a copyof the judgment and sentence and of theopinion of the court or magistrate, if anyopinion be filed, shall be sent by the clerkof the court, or by the magistrate, to theboard or officer, if any, by whom the con-victed defendant has been licensed or reg-istered to practice his profession or to carryon his business. And such board or officershall have the power to revoke such licenseor registration.

Any physician, dentist, apothecary or vet-terinarian, who is or shall become addictedto the drug habit, shall have his license orregistration suspended by the board underwhich he has been licensed or registereduntil such time as such physician, dentist,apothecary or veterinarian shall offer satis-factory proof to his respective board of hav-

6;

ing become cured of such habit. Upon anyrelapse from any such cure the license orregistration of such physician, dentist, phar-macist or veterinarian, shall become per-manently revoked by the board under whichhe has been licensed or registered. (116 v.500.)

Sec. 12672-15.Prescriptions, orders, and records, re-

quired by this act, and stocks of narcoticdrugs, shall be open for inspection only tofederal, state, county and municipal officers,whose duty it is to enforce the laws of thisstate or of the United States relating to nar-cotic drugs. No officer having knowledgeby virtue of his office of any such prescrip-tion, order, or record shall divulge suchknowledge, except in connection with a pros-ecution or proceeding in court or before alicensing or registration board or officer, towhich prosecution or proceeding the personto whom such prescriptions, orders, or rec-ords relate is a party. (116 v. 501.)

Sec. 12672-16.(1) No person shall obtain or attempt to

obtain a narcotic drug, or procure or at-

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tempt to procure the administration of a

narcotic drug, (a) by fraud, deceit, misrep-resentation or subterfuge; or (b) by the for-gery or alteration of a prescription or of anywritten order; or (c) by the concealment ofa material fact; or (d) by the use of a falsename or the giving of a false address.

(2) Information communicated to a

physician or dentist in an effort unlawfullyto procure a narcotic drug or unlawfully toprocure the administration of any such drug,shall not be deemed a privileged communi-cation.

(3) No person shall wilfully make afalse statement in any prescription, order,report, or record, required by this act.

(4) No person shall, for the purpose ofobtaining a narcotic drug falsely assume thetitle of, or represent himself to be, a manu-facturer, wholesaler, apothecary, physician,dentist, veterinarian, or other authorizedperson.

(5) No person shall make or utter anyfalse or forged prescription or writtenorder.

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(6) No person shall affix any false orforged label to a package or receptacle con-taining narcotic drugs.

(7) The provisions of this section shallapply to all transactions relating to narcoticdrugs under the provisions of section 7 ofthis act, in the same way as they apply totransactions under all other sections no per-son except a manufacturer or wholesaler ora retail dealer in surgical instruments, apoth-ecary, physician, dentist, veterinarian, nurseor interne, shall at any time have or possessa hypodermic syringe or needle or any in-strument or implement adapted for the useof habit forming drugs by subcutaneous in-jections and which is possessed for the pur-pose of administering habit forming drugs,unless such possession be authorized by thecertificate of a physician issued wfithin theperiod of one year prior hereto. (116 v.501•)

Sec. 12672-17.In any complaint, information, or indict-

ment, and in any action or proceedingbrought for the enforcement of any provi-sion of this act, it shall not be necessary to

70

negative any exception, excuse, proviso, orexemption, contained in this act, and theburden of proof of any such exception, ex-cuse, proviso, or exemption, shall be uponthe defendant. For the purpose of enforce-ment of this act, anyone so empowered toenforce as provided for in the followingsection, may enter and search any room,rooms, or other place wherein the provisionsof this act are believed to be violated. Any-one who hinders, obstructs or interferes withthe enforcement of this act, shall be guiltyof a misdemeanor and on conviction, shallbe fined as provided for in this act. Any-one empowered to enforce the provisions ofthis act, may arrest without warrant, anyperson found to be violating the laws relat-ing to traffic in narcotics, and take such per-son before any officer having jurisdiction insuch proceedings, and take such other actionas the law provides. (116 v. 502.)

Sec. 12672-18.It is hereby made the duty of the state

board of pharmacy, its officers, agents, in-spectors and representatives, and of all of-ficers within the state, and of all prosecut-

7 1

ing attorneys, to enforce all provisions oithis act, except those specifically delegated,and to cooperate with all agencies chargedwith the enforcement of the laws of theUnited States, of this state, and of all otherstates, relating to narcotic drugs. (116 v.502.)Sec. 12672-19.

Any person violating any provision ofthis act shall upon conviction be punishedfor the first offense, by a fine not exceedingfive hundred dollars, or by imprisonment fornot exceeding five years, or by both suchfine and imprisonment, and for any subse-quent offense, by a fine not exceeding onethousand dollars, or by imprisonment fornot exceeding five years, or by both suchfine and imprisonment. All fines or for-feited bonds assessed and collected underprosecutions or prosecutions commenced,shall within thirty days, be paid to the sec-retary of the state board of pharmacy andby him paid into the state treasury. (116v. 502.)

Sec. 12672-20.No person shall be prosecuted for a viola-

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tion of any provisions of this act if suchperson has been acquitted or convicted underthe federal narcotic laws of the same act oromission which, it is alleged, constitutes aviolation of this act. (116 v. 502.)

Sec. 12672-21.If any provision of this act or the applica-

tion thereof to any person or circumstancesis held invalid, such invalidity shall not af-fect other provisions or applications of theact which can be given effect without theinvalid provisions or application, and to thisend the provisions of this act are declaredto be severable. (116 v. 503.)

Sec. 12672-22.This act shall be so interpreted and con-

strued as to effectuate its general purpose,to make uniform the laws of those stateswhich enact it. (116 v. 503.)

Sec. 12672-23.This act may be cited as the uniform nar-

cotic drug act. (116 v. 503.)

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GENERAL DRUG ADULTERATIONAND MISBRANDING LAWS

(Enforced by Division of Foods and Dairies,Department of Agriculture)

Section i 177-12. The secretary of agri-culture shall establish standards of quality,purity and strength for foods, when suchstandards are not otherwise established byany law of this state. Such standards shallconform to the standards for foods adoptedby the United States department of agricul-ture. The secretary of agriculture shallmake such uniform rules and regulations asmay be necessary for the enforcement of thefood, drug, dairy and sanitary laws of thestate. Such rules and regulations shall,where applicable, conform to and be thesame as the rules and regulations adoptedfrom time to time for the enforcement ofthe act of congress, approved June 30, 1906,and amended March 3, 1913, and known as“the food and drug act.” The secretary ofagriculture shall inspect drugs, butter,cheese, lard, syrup and other articles of foodor drink, made or offered for sale in thestate and prosecute or cause to be prose-

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cuted each person, firm or corporation en-gaged in the manufacture or sale of an adul-terated drug or article of food or drink, inviolation of law, and shall enforce all lawsagainst fraud, adulteration or impurities infoods, drinks, or drugs, and unlawful label-ing within the state. (107 v. 477.)

Section 1177-13. The secretary of agri-culture in the performance of his duties mayenter a creamery, factory, store salesroom,drug store, laboratory or other place wherehe believes or has reason to believe drugs,food, drink, or linseed oil, is made, prepared,dispensed, sold or offered for sale, examinethe books therein, and open a cask, tub, jar,bottle or other package containing or sup-posed to contain a drug or an article of foodor drink and examine or cause to be exam-ined and analyzed the contents thereof. (107v. 478.)

Section 1177-14. All fines, fees and costscollected under prosecutions begun, orcaused to be begun, by the secretary of agri-culture, shall be paid by the court to thesecretary of agriculture within thirty days

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after collection, unless error proceedingshave been properly begun and prosecutedand in case the judgment of the justice of thepeace is sustained the fine shall be paidwithin thirty days after such judgment ofaffirmance, and by the secretary paid intothe state treasury to the credit of the gen-eral revenue fund. 107 v. 478.)

Section 5774. No person, within thisstate, shall manufacture for sale, offer forsale, sell or deliver, or have in his possessionwith intent to sell or deliver, a drug or articleof food which is adulterated within themeaning of this chapter, or offer for sale, sellor deliver, or have in his possession withintent to sell or deliver, a drug or article offood which is misbranded within the mean-ing of this chapter. (99 v. 257.)

Section 5775. The term “drug,” as usedin this chapter, includes all medicines forinternal or external use or inhalation, anti-septics, disinfectants and cosmetics. * * *

(98 v. 263.)

Section 5776. A person manufacturing,offering or exposing for sale, or delivering

;6

to a purchaser, a drug or article of food in-cluded in the provisions of this chapter, shallfurnish to a person interested or demandingit, applying to him therefor and tenderinghim its value, a sample thereof sufficient forthe analysis of such drug or article of food.(81 v. 67.)

Section 5777. A drug is adulteratedwithin the meaning of this chapter (1) if,when or by a name recognizedin the ekrrnth decennial revision of theUnited States Pharmacopoeia, or in the skatk

• edition of the National Formulary, it differsfrom the standard of strength, quality orpurity laid down therein; (2) if, when soldunder or by a name not recognized in the

decennial revision of the UnitedStates Pharmacopoeia, or the edition ofthe National Formulary, but which is foundin some other pharmacopoeia, or other stand-ard work on materia medica, it differs mate-rially from the standard strength, qualityor purity laid down in such work; (3) if itsstrength, quality or purity falls below theprofessed standard under which it is sold;(4) if it is an imitation of, or offered for

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sale under the name of another article; (5)if the contents of the package as originallyput up shall have been removed, in whole orin part, and other contents shall have beenplaced in such package; (6) if it containsany methyl or wood-alcohol. (117 v. 156.)

Section 5778. Food, drink, confectioneryor condiments are adulterated within themeaning of this chapter (1) if any substanceor substances have been mixed with it, so asto lower or depreciate or injuriously affectits quality, strength or purity; (2) if anyinferior or cheaper substance or substanceshave been substituted wholly, or in part, forit; (3) if any valuable or necessary constit-uent or ingredient has been wholly, or inpart, abstracted from it; (4) if it is an imi-tation of, or is sold under the name of an-other article; (5) if it consists wholly, or inpart, of a diseased, decomposed, putrid, in-fected, tainted or rotten animal or vegetablesubstance or article, whether manufacturedor not or in the case of milk, if it is theproduct of a diseased animal; (6) if it iscolored, coated, polished or powdered,whereby damage or inferiority is concealed,

78or if by any means it is made to appear bet-ter or of greater value than it really is; (7)if it contains any added substance or in-gredient which is poisonous or injurious tohealth; (8) if, when sold under or by aname recognized in dU"£nTTl decennialrevision of the United States Pharmacopoeia,or the edition of the National Formu-lary, it differs from the standard of strength,quality or purity laid down therein; (9)if, when sold or by a name notrecognized in the eleventh decennial revisionof the United States Pharmacopoeia, or thestxfh edition of the National Formulary, butif found in some other pharmacopoeia, orother standard work on materia medica, itdiffers materially from the standard ofstrength, quality or purity, laid down in suchwork; (10) if the strength, quality or purityfalls below the professed standard underwhich it is sold; (11) if it contains anymethyl or wood alcohol. (117 v. 157.)

Section 5779. A flavoring extract isadulterated within the meaning of this chap-ter (1) if any substance or substances havebeen mixed with it, so as to lower or de-

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preciate or injuriously affect its quality,strength or purity; (2) if any inferior orcheaper substance or substances have beensubstituted wholly, or in part, for it; (3) ifany valuable or necessary constituent or in-gredient has been wholly, or in part, ab-stracted from, it; (4) if it is an imitation of,or is sold under the name of another article;(5) if it is colored whereby damage or in-feriority is concealed, or if it by any meansis made to appear better or of greater valuethan it really is; (6) if it contains any addedsubstance or ingredient which is poisonousor injurious to health; (7) if the strength,quality or purity falls below the professedstandard under which it is sold; (8) if itcontains any methyl or wood alcohol. (100v. 105, § 3-)

Section 5780. A flavoring extract is alsoadulterated within the meaning of this chap-ter, if, when sold under or by any one ofthe following names it differs from thestandard hereby fixed therefor; (1) Almondextract shall be the flavoring extract pre-pared from oil of bitter almonds, free fromhydrocyanic acid, and shall contain not less

*6 D. L.

8o

than one per cent by volume of oil of bitteralmonds; (2) anise extract shall be the fla-voring extract prepared from oil of anise,and shall contain not less than three per centby volume of oil of anise; (3) celery seedextract shall be the flavoring extract pre-pared from celery seed or the oil of celeryseed, or both, and shall contain not less thanthree-tenths per cent by volume of oil ofcelery seed; (4) cassia extract shall be theflavoring extract prepared from oil of cassia,and shall contain not less than two per centby volume of oil of cassia; (5) cinnamonextract shall be the flavoring extract pre-pared from oil of cinnamon and shall containnot less than two per cent by volume of oilof cinnamon; (6) clove extract shall be theflavoring extract prepared from oil of cloves,and shall contain not less than two per centby volume of oil of cloves; (7) ginger ex-tract shall be the flavoring extract preparedfrom ginger, and shall contain in each onehundred cubic centimeters the alcohol-solublematters from not less than twenty grams ofginger; (8) lemon extract shall be the flavor-ing extract prepared from oil of lemon, orfrom lemon peel or both, and shall contain

8i

not less than five per cent by volume of oilof lemon; (9) terpeneless extract of lemonshall be the flavoring extract prepared byshaking oil of lemon with dilute alcohol, orby dissolving terpeneless oil of lemon in di-lute alcohol, and shall contain not less thantwo-tenths per cent by weight of citral de-rived from oil of lemon; (10) nutmeg ex-tract shall be the flavoring extract preparedfrom oil of nutmeg, and shall contain notless than two per cent by volume of oil ofnutmeg; (11) orange extract shall be theflavoring extract prepared from oil of orange,or from orange peel, or both, and shall con-tain not less than five per cent by volume ofoil or orange; (12) terpeneless extract oforange shall be the flavoring extract pre-pared by shaking oil of orange with dilutealcohol, or by dissolving terpeneless oil oforange in dilute alcohol and shall correspondin flavoring strength to orange extract; (13)peppermint extract shall be the flavoring ex-tract prepared from-oil of peppermint or frompeppermint, or both, and shall contain notless than three per cent by volume of oil ofpeppermint; (14) rose extract shall be theflavoring extract prepared from otto of roses,

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with or without rose petals, and shall con-tain not less than four-tenths per cent byvolume of otto of roses; (15) savory extractshall be the flavoring extract prepared fromoil of savory, or from savory, or both, andshall contain not less than thirty-five hun-dredths per cent by volume of oil of savory ;

(16) spearmint extract shall be the flavor-ing extract prepared from oil of spearmint, orfrom spearmint, or both, and shall containnot less than three per cent by volume of oilof spearmint; (17) star anise extract shallbe the flavoring extract prepared from oil ofstar anise, and shall contain not less thanthree per cent by volume of oil of star anise;(18) sweet basil extract shall be the flavor-ing extract prepared from oil of sweet basil,or from sweet basil, or both, and shall con-tain not less than one-tenth per cent by vol-ume of oil of sweet basil; (19) sweet mar-joram extract or marjoram extract, shall bethe flavoring extract prepared from the oilof marjoram, or from marjoram, or both,and shall contain not less than one per centby volume of oil of marjoram; (20) thymeextract shall be the flavoring extract pre-pared from oil of thyme, or from thyme, or

83

both, and shall contain not less than two-tenths per cent by volume of oil of thyme;(21) tonka extract shall be the flavoringextract prepared from tonka bean, with orwithout sugar or glycerine, and shall containnot less than one-tenth per cent by weight ofcoumarin extract from the tonka bean, to-gether with a corresponding proportion ofthe other soluble matters thereof; (22) va-nilla extract shall be the flavoring extractprepared from vanilla bean, with or with-out sugar or glycerine, and shall contain inone hundred cubic centimeters the solublematters from not less than ten grams of thevanilla bean; (23) wintergreen extract shallbe the flavoring extract prepared from oil ofwintergreen, and shall contain not less thanthree per cent by volume of oil of winter-green. All of said flavoring extracts shall bea solution in ethyl alcohol of proper strengthof the sapid and odorous principles derivedfrom an aromatic plant, or parts of theplant, and shall conform in name to theplant used in its preparation. (100 v. 105,§3-)

Section 5784. A drug shall be mis-

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branded within the meaning of this chapter:(1) if the package fails to bear a statementon the label of the quantity or proportionof grain or ethyl alcohol, morphine, opium,cocaine, heroin, alpha or beta eucaine,chloroform, cannabis, chloral hydrate, ace-tanilid or any derivative or preparation ofsuch substances contained therein, provided,that the provisions of this section shall notapply to the prescriptions of regular licensedphysicians, dentists and doctors of veterinarymedicine, nor to such drugs and preparationsas are officially recognized in the efrgveiitbdecennial revision of the United States Phar-macopoeia, or the owri? edition of the Na-tional Formulary, and which are sold underthe name by which they are so recognized;(2) if the package containing it or any labelthereon bears a statement, design or deviceregarding it or the ingredients or substancescontained therein, which is false or mislead-ing in any particular; (3) if the packagecontaining it or any label thereon bears orcontains any statement, design or device re-garding the curative or the therapeutic effectof such article or any of the ingredients or

85

substances contained therein, which is falseand fraudulent. (117 v. 157.)

Section 12757. Whoever refuses to al-low the secretary of agriculture, his inspec-tors or agents, to enter a creamery, factory,store, salesroom, drug store, laboratory,booth, vehicle, steam or electric car or placewhich he or such inspector or agent desiresto enter in the discharge of his official duty,or interferes with such secretary or his in-spector or agent in such discharge, or re-fuses to deliver to him or his inspector oragent a sample of food, drug or linseed oilmade, sold, offered for sale by such person,upon request therefor and tender of thevalue thereof, shall be fined not less thanfifty dollars nor more than two hundreddollars, and, for each subsequent offense,shall be fined not less than one hundred dol-lars nor more than three hundred dollars orimprisoned in jail not less than thirty days-nor more than one hundred days, or both..(107 v. 494.)

Section 12758. Whoever manufactures,for sale, offers for sale or sells a drug, article

86

of food, or flavoring extract which is adul-terated or misbranded as the terms “drugs,”“food,” “flavoring extract,” “adulterated”and “misbranded” are defined and describedby law, or manufactures, oflfers or exposesfor sale or delivers a drug or article of foodand fails, upon demand and tender of itsvalue, to furnish a sample thereof for analy-sis, shall be fined not less than twenty-fivedollars nor more than one hundred dollars,and for each subsequent offense, shall befined not less than one hundred dollars normore than two hundred dollars or imprisonedin the county jail not less than thirty daysnor more than one hundred days, or both.(99 v. 259.)

Section 12759. A person found guilty ofmanufacturing, offering for sale or selling anadulterated article of food or drug, as de-scribed in the next preceding section, shallpay all necessary costs and expenses in-curred in inspecting and analyzing suchadulterated article. (99 v. 259.)

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DEFINING FRAUDULENT ADVER-TISING

(Police Regulation)

Section 13193-2. Whoever, with intentto sell, or in any wise dispose of merchan-dise, securities, service, or anything offeredby him, directly or indirectly, to the publicfor sale or distribution, or with intent to in-crease the consumption thereof, or to inducethe public in any manner to enter into anyobligation relating thereto, or to acquire titlethereto, or an interest therein, causes, di-rectly or indirectly, to be made, published,disseminated, circulated, or placed beforethe public, in this state, in a newspaper orother publication, or in the form of a book,notice, hand bill, poster, bill, circular,pamphlet or letter, or in any other way, anadvertisement of any sort regarding mer-chandise, securities, service, or anything sooffered to the public, which advertisementcontains any assertion, representation orstatement of fact which is untrue, or decep-

88

tive, shall be guilty of a misdemeanor andon conviction thereof shall be punished by afine of not less than ten dollars nor morethan one hundred dollars or by imprison-ment in the county jail not exceeding twentydays or by both said fine and imprisonment.(103 v. 43.)

89

CAUSTIC OR CORROSIVE ACID LAW

(To Safeguard the Distribution and Use ofCaustic or Corrosive Acids, Alkalies

and Other Substances)

Sec. 12674.It shall be unlawful to sell, barter, or ex-

change or receive, hold, pack, display, or of-fer for sale, or exchange, within the state ofOhio, any substance defined as a “dangerouscaustic or corrosive substance” by the act ofcongress entitled “An act to safeguard thedistribution and sale of certain dangerouscaustic or corrosive acids, alkalies, and othersubstances in interstate and foreign com-merce,” approved March 4, 1927, chapter489 of part 2 of volume 44, of the UnitedStates statutes at large, in any misbrandedparcel, package, or container as defined bysaid act, subject, however, to sections 12666,12667, 12705 and 12707 of the General Code.(114 v. 143.)

Sec. 12674-1.Provided,- however, that

anything contained in said act of congress,this act shall not be construed as applying

90

to any substance, subject to said act, sold atwholesale or retail for use by a retail drug-gist in filling prescriptions or in dispensing,in pursuance of a prescription by a physician,dentist, or veterinarian ; or for use by or un-der the direction of a physician, dentist, orveterinarian; or for use by a chemist in thepractice of teaching of his profession; or forany industrial or professional use, or for usein any of the arts and sciences. (114 v.I43-)Sec. 12674-2.

Provided, however, that products forhousehold cleaning and washing purposes,including caustic soda, lye, ammonia wateror preparations containing these, subject tothis act and labeled in accordance therewith,may be sold, offered for sale, held for saleand distributed in this state by any dealer,wholesale or retail. (114 v. 143.)

Sec. 12674-3.Any person violating the provisions of

this act shall, upon conviction thereof bepunished by a fine of not more than $200.00,or by imprisonment for not more than 90days, or by both, in the discretion of thecourt. (114 v. 143.)

9i

JURISDICTIONSec. 13422-1.

For the purposes of this title, the word“magistrate” shall be held to include justicesof the peace, police judges or justices,, may-ors of municipal corporations and judges ofother courts inferior to the court of commonpleas.

For the purposes of this title, the word“judge” shall not be held to include the pro-bate judge, the word “court” shall not beheld to include the probate court, and theword “clerk” shall not be held to include theclerk of the probate court. (114 v. 479-)

Sec. 13422-2.A justice of the peace shall be a conserva-

tor of the peace and have jurisdiction incriminal cases throughout the county inwhich he is elected and where he resides, onview or on sworn complaint, to cause a per-son, charged with the commission of a felonyor misdemeanor, to be arrested and broughtbefore himself or another justice of the

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peace, and, if such person is brought beforehim, to inquire into the complaint and eitherdischarge or recognize him to be and appearbefore the proper court at the time namedin such recognizance or otherwise disposeof the complaint as provided by law. Healso may hear complaints of the peace andissue search warrant. (113 v. 123.)

Sec. 13422-3.Magistrates shall have jurisdiction within

their respective counties, in all cases of vio-lation of any law relating to:

* * * The conducting of a pharmacy, orretail drug or chemical store, or the dispens-ing or selling of drugs, chemicals, poisonsor pharmaceutical preparations therein. (11Sv. Pt. II 163.)