4410. son not a registered pharmacist, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty dollars, nor more than one hundred dollars, and each week that he shall cause or permit such pharmacy, retail drug or chemical store to be so conducted or managed shall constitute a separate and distinct offense, and render him liable to separate prosecution and punishment therefor; a person violating the provisions of section forty-four hun- Penalties for violating section dred and seven, relating to registration, renewal of registration, or fail4407. ing to conspicuously expose such certificate of registration, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding one hundred dollars for each week he continues to carry on or to be engaged in such business, without such registration or such exposure of such certificate of registration, or renewal thereof. And for the violation of any of the provisions of Penalties for visection forty-four hundred and ten, such proprietor or manager shall be olating section deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding fifty dollars for each and every offense; and for the violation of any of the provisions of forty-four hundred and Penalties for vieleven, such assistant pharmacist shall be deemed guilty of misde- olating section meanor, and upon conviction thereof shall be fined in any sum not exceeding fifty dollars for each and every offense. All fines assessed for the violation of any of the provisions of this act shall be placed in the county treasury, for the use and benefit of the common school fund of the county in which such offense is committed; provided that nothing in this act shall be so construed as to in any way affect the right of any person to bring a civil action against any person referred to in this act, for any act or acts for which a civil action may now be brought. It shall be the duty of the Ohio board of pharmacy, upon application therefor being made to said board, to cause the prosecution of any person or persons violating any of the provisions of this act. 4411. Duty of the board of pharmacy upon ap to plication ADULTERATION LAW. Term drug defined. When drugs are deemed adulterated. When food deemed adulterated. [House Bill No. 18.] AN ACT To provide against the adulteration of food and drugs. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That no person shall, within this state, manufacture for sale, offer for sale, or sell any drug or article of food which is adulterated, within the meaning of this act. SEC. 2. The term "drug," as used in this act, shall include all medicines for internal or external use, antiseptics, disinfectants, and cosmetics. The term "food" as used herein, shall include all articles used for food or drink by man, whether simple, mixed or compound. SEC. 3. An article shall be deemed to be adulterated within the meaning of this act : (a) In the case of drugs: (1) If, when sold under or by a name recognized in the United States Pharmacopoeia, it differs from the standard of strength, quality or purity laid down therein; (2) If, when sold under or by a name not recognized in the United States Pharmacopoeia, but which is found in some other pharmacopoeia, or other standard work on materia medica, it differs materially from the standard of strength, quality or purity laid down in such work; (3) If its strength, quality or purity falls below the professed standard under which it is sold. (b) In the case of food: (1) If any substance or substances have been mixed with it so as to lower or depriciate, or injuriously affect its quality, strength or purity; (2) If any inferior or cheaper substance or substances, have been substituted wholly or in part for it; (3) If any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it; (4) If it is an imitation of, or is sold under the name of another article; (5) If it consists wholly or in part of a diseased, decomposed, putrid, infected, tainted or rotten animal or vegetable substance or article, whether manufactured or not-or, in case of milk, if it is the produce of a diseased animal; (6) If it is colored, coated, polished or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is; (7) If it contains any added substance or ingredient which is poisonous or injurious to health, or any deleterious substance not a necessary ingredient in its manufacture; provided that the pro visions of this act shall not apply to mixtures or compounds recognized as ordinary articles of food, if the same be distinctly labeled as mixture or compounds, and are not injurious to health, and contain no ingredient not necessary to the preparation of a genuine article of such mixtures or compounds, and from which no necessary ingredient in its preparation is eliminated. demanded for analysis. SEC. 4. Every person manufacturing, offering or exposing for sale or Sample may be delivering to a purchaser, any drug or article of food included in the provisions of this act, shall furnish to any person interested or demanding the same, who shall apply to him for the purpose, and shall tender him the value of the same, a sample sufficient for the analysis of any such drug or article of food which is in his possession. SEC. 5. Whoever refuses to comply, upon demand, with the require- Penalties. ments of section four, and whoever violates any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding one hundred nor less than twenty-five dollars, or imprisoned not exceeding one hundred nor less than thirty days, or both. And any person found guilty of manufacturing, offering for sale or selling an adulterated article of food or drug under the provisions of this act, shall be adjudged to pay, in addition to the penalties hereinbefore provided for, all necessary costs and expenses incurred in inspecting and analyzing such adulterated articles of which said person may have been found guilty of manufacturing, selling or offering for sale. SEC. 6. This act shall take effect and be in force in forty days from and after its passage. A. D. MARSH, Speaker of the House of Representatives. President pro. tem. of the Senate. Passed March 20, 1884. POISON LAW. [Sec. 6957 Revised Statutes of Ohio.] Whoever sells, or gives away, any quantity of arsenic less than one pound, without first mixing therewith soot or indigo in the proportion of one ounce of soot or half an ounce of indigo to the pound of arsenic, or except upon the prescription of a physician, sells or gives away, any quantity of any article belonging to the class usually denominated poisons, to any minor, or sells, or gives away any such article to any person, without having first marked the word "poison" upon the label or wrapper containing the same, and registered in a book to be by him kept for that purpose, the day and date upon which it is sold or given away, the quantity thereof, the name, age, sex, and color of person obtaining the same, the purpose for which it is required, and the name and place of abode of the person for whom the same is intended, shall be fined not more than two hundred nor less than twenty dollars. [50 V. 167, S$ 1, 2, 3, 4.] LABEL LAW. (House Bill No. 192.) AN ACT to provide for the proper labeling of poisonous articles. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That whenever any pharmacist, druggist or other dealer in poisons, chemicals, medicines and drugs, whether wholesale or retail, shall sell any drug or chemical, an indiscriminate or careless use of which would be destructive of human life, such dealer shall affix to each bottle or package of such drug, chemical or poison, a label printed in red ink, having on it the name of the article by which it is commonly known, the cautionary emblem of the skull and cross-bones, the words "caution" and "poison," and in addition thereto, at least two of the most readily obtainable effective antidotes to such poisonous article. SEC. 2. Whoever violates the provisions of section one (1) of this act shall, upon conviction thereof, before any court having competent jurisdiction, be fined in any sum not exceeding one hundred (100) dollars, nor less than ten (10) dollars. SEC. 3. This act shall take effect and be in force sixty days after its passage. NIAL R. HYSELL, Speaker of the House of Representatives. WILLIAM V. MARQUIS, Passed April 21, 1890. President of the Senate. |