-CITE-
    21 USC CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF
           POISONS IN CONSULAR DISTRICTS IN CHINA          01/03/2007
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR
                 DISTRICTS IN CHINA                
-HEAD-
     CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR
                            DISTRICTS IN CHINA
-MISC1-
    Sec.                                                     
    201.        Doing business without a license unlawful; employment
                 of Chinese subjects.                                 
    202.        Certain classes of persons and corporations excepted;
                 insecticides.                                        
    203.        Application for license; requirements; qualifications
                 for license.                                         
    204.        Issuance of license.                                  
    205.        Display of license in pharmacy.                       
    206.        Revocation of license.                                
    207.        Restrictions on sales; written orders or
                 prescriptions.                                       
    208.        Certain preparations and sales excepted.              
    209.        Poisons; book entry of sale; labels.                  
    210.        Pharmacist; unauthorized use of title.                
    211.        Preservation of originals of prescriptions compounded
                 and copies thereof; inspection of prescriptions by
                 consular officers; marking containers of drugs.      
    212.        Offenses; punishment; duty to enforce provisions.     
    213.        Fraudulent representations to evade or defeat
                 restrictions.                                        
    214.        Previous laws unaffected.                             
    215.        "Consul" defined.                                     
-End-
-CITE-
    21 USC Sec. 201                                             01/03/2007
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR
                 DISTRICTS IN CHINA                
-HEAD-
    Sec. 201. Doing business without a license unlawful; employment of
      Chinese subjects
-STATUTE-
      It shall be unlawful in the consular districts of the United
    States in China for any person whose permanent allegiance is due to
    the United States not licensed as a pharmacist within the meaning
    of this chapter to conduct or manage any pharmacy, drug or chemical
    store, apothecary shop, or other place of business for the
    retailing, compounding, or dispensing of any drugs, chemicals, or
    poisons, or for the compounding of physicians' prescriptions, or to
    keep exposed for sale at retail, any drugs, chemicals, or poisons,
    except as hereinafter provided, or, except as hereinafter provided,
    for any person whose permanent allegiance is due to the United
    States not licensed as a pharmacist within the meaning of this
    chapter to compound, dispense, or sell, at retail, any drug,
    chemical, poison, or pharmaceutical preparation upon the
    prescription of a physician, or otherwise, or to compound
    physicians' prescriptions, except as an aid to and under the proper
    supervision of a pharmacist licensed under this chapter. And it
    shall be unlawful for any person, firm, or corporation owing
    permanent allegiance to the United States owning partly or wholly
    or managing a pharmacy, drug store, or other place of business to
    cause or permit any person other than a licensed pharmacist to
    compound, dispense, or sell at retail any drug, medicine, or
    poison, except as an aid to and under the proper supervision of a
    licensed pharmacist. Where it is necessary for a person, firm, or
    corporation whose permanent allegiance is due to the United States
    and owning partly or wholly or managing a pharmacy, drug store, or
    other place of business to employ Chinese subjects to compound,
    dispense, or sell at retail any drug, medicine, or poison, such
    person, firm, or corporation, owner, part owner, or manager of a
    pharmacy, drug store, or other place of business may employ such
    Chinese subjects when their character, ability, and age of twenty-
    one years or over have been certified to by at least two
    recognized and reputable practitioners of medicine, or two
    pharmacists licensed under this chapter whose permanent allegiance
    is due to the United States.
-SOURCE-
    (Mar. 3, 1915, ch. 74, Sec. 1, 38 Stat. 817.)
-COD-
                               CODIFICATION                           
      Section is comprised of part of section 1 of act Mar. 3, 1915.
    Remainder of such section 1 is classified to section 202 of this
    title.
-End-
-CITE-
    21 USC Sec. 202                                             01/03/2007
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR
                 DISTRICTS IN CHINA                
-HEAD-
    Sec. 202. Certain classes of persons and corporations excepted;
      insecticides
-STATUTE-
      Nothing in section 201 of this title shall be construed to
    interfere with any recognized and reputable practitioner of
    medicine, dentistry, or veterinary surgery in the compounding of
    his own prescriptions, or to prevent him from supplying to his
    patients such medicines as he may deem proper, except as
    hereinafter provided; nor with the exclusively wholesale business
    of any person, firm, or corporation whose permanent allegiance is
    due to the United States dealing and licensed as pharmacists, or
    having in their employ at least one person who is so licensed,
    except as hereinafter provided; nor with the sale by persons,
    firms, or corporations whose permanent allegiance is due to the
    United States other than pharmacists of poisonous substances sold
    exclusively for use in the arts, or as insecticides, when such
    substances are sold in unbroken packages bearing labels having
    plainly printed upon them the name of the contents, the word
    "Poison", when practicable the name of at least one suitable
    antidote, and the name and address of the vender.
-SOURCE-
    (Mar. 3, 1915, ch. 74, Sec. 1, 38 Stat. 818.)
-COD-
                               CODIFICATION                           
      Section is comprised of part of section 1 of act Mar. 3, 1915.
    Remainder of such section 1 is classified to section 201 of this
    title.
-End-
-CITE-
    21 USC Sec. 203                                             01/03/2007
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR
                 DISTRICTS IN CHINA                
-HEAD-
    Sec. 203. Application for license; requirements; qualifications for
      license
-STATUTE-
      Every person whose permanent allegiance is due to the United
    States desiring to practice as a pharmacist in the consular
    districts in China shall file with the consul an application, duly
    verified under oath, setting forth the name and age of the
    applicant, the place or places at which he pursued and the time
    spent in the study of pharmacy, the experience which the applicant
    has had in compounding physicians' prescriptions under the
    direction of a licensed pharmacist, and the name and location of
    the school or college of pharmacy, if any, of which he is a
    graduate, and shall submit evidence sufficient to show to the
    satisfaction of said consul that he is of good moral character and
    not addicted to the use of alcoholic liquors or narcotic drugs so
    as to render him unfit to practice pharmacy. Applicants shall be
    not less than twenty-one years of age and shall have had at least
    four years' experience in the practice of pharmacy or shall have
    served three years under the instruction of a regularly licensed
    pharmacist, and any applicant who has been graduated from a school
    or college of pharmacy recognized by the proper board of his State,
    Territory, District of Columbia, or other possession of the United
    States as in good standing shall be entitled to practice upon
    presentation of his diploma.
-SOURCE-
    (Mar. 3, 1915, ch. 74, Sec. 2, 38 Stat. 818.)
-COD-
                               CODIFICATION                           
      The words "now practicing as a pharmacist or," which preceded
    "desiring to practice" in the original text of this section, were
    omitted as obsolete.
-End-
-CITE-
    21 USC Sec. 204                                             01/03/2007
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR
                 DISTRICTS IN CHINA                
-HEAD-
    Sec. 204. Issuance of license
-STATUTE-
      If the applicant for license as a pharmacist has complied with
    the requirements of section 203 of this title, the consul shall
    issue to him a license which shall entitle him to practice pharmacy
    in the consular districts of the United States in China, subject to
    the provisions of this chapter.
-SOURCE-
    (Mar. 3, 1915, ch. 74, Sec. 3, 38 Stat. 819.)
-End-
-CITE-
    21 USC Sec. 205                                             01/03/2007
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR
                 DISTRICTS IN CHINA                
-HEAD-
    Sec. 205. Display of license in pharmacy
-STATUTE-
      Every license to practice pharmacy shall be conspicuously
    displayed by the person to whom the same has been issued in the
    pharmacy, drug store, or place of business, if any, of which the
    said person is the owner or part owner or manager.
-SOURCE-
    (Mar. 3, 1915, ch. 74, Sec. 5, 38 Stat. 819.)
-End-
-CITE-
    21 USC Sec. 206                                             01/03/2007
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR
                 DISTRICTS IN CHINA                
-HEAD-
    Sec. 206. Revocation of license
-STATUTE-
      The license of any person whose permanent allegiance is due to
    the United States to practice pharmacy in the consular districts of
    the United States in China may be revoked by the consul if such
    person be found to have obtained such license by fraud, or be
    addicted to the use of any narcotic or stimulant, or to be
    suffering from physical or mental disease, in such manner and to
    such extent as to render it expedient that in the interests of the
    public his license be canceled; or to be of an immoral character;
    or if such person be convicted in any court of competent
    jurisdiction of any offense involving moral turpitude. It shall be
    the duty of the consul to investigate any case in which it is
    discovered by him or made to appear to his satisfaction that any
    license issued under the provisions of this chapter is revocable
    and shall, after full hearing, if in his judgment the facts warrant
    it, revoke such license.
-SOURCE-
    (Mar. 3, 1915, ch. 74, Sec. 4, 38 Stat. 819.)
-End-
-CITE-
    21 USC Sec. 207                                             01/03/2007
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR
                 DISTRICTS IN CHINA                
-HEAD-
    Sec. 207. Restrictions on sales; written orders or prescriptions
-STATUTE-
      It shall be unlawful for any person, firm, or corporation whose
    permanent allegiance is due to the United States, either personally
    or by servant or agent or as the servant or agent of any other
    person or of any firm or corporation, to sell, furnish, or give
    away any cocaine, salts of cocaine, or preparation containing
    cocaine or salts of cocaine, or morphine or preparation containing
    morphine or salts of morphine, or any opium or preparation
    containing opium, or any chloral hydrate or preparation containing
    chloral hydrate, except upon the original written order or
    prescription of a recognized and reputable practitioner of
    medicine, dentistry, or veterinary medicine, which order or
    prescription shall be dated and shall contain the name of the
    person for whom prescribed, or, if ordered by a practitioner of
    veterinary medicine, shall state the kind of animal for which
    ordered and shall be signed by the person giving the order or
    prescription. Such order or prescription shall be, for a period of
    three years, retained on file by the person, firm, or corporation
    who compounds or dispenses the article ordered or prescribed, and
    it shall not be compounded or dispensed after the first time except
    upon the written order of the original prescriber.
-SOURCE-
    (Mar. 3, 1915, ch. 74, Sec. 6, 38 Stat. 819.)
-COD-
                               CODIFICATION                           
      Section is comprised of part of section 6 of act Mar. 3, 1915.
    Remainder of such section 6 is classified to section 208 of this
    title.
-End-
-CITE-
    21 USC Sec. 208                                             01/03/2007
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR
                 DISTRICTS IN CHINA                
-HEAD-
    Sec. 208. Certain preparations and sales excepted
-STATUTE-
      The provisions of section 207 of this title shall not apply to
    preparations containing not more than two grains of opium or not
    more than one-quarter grain of morphine, or not more than one-
    quarter grain of cocaine, or not more than two grains of chloral
    hydrate in the fluid ounce, or, of a solid preparation, in one
    avoirdupois ounce, nor shall they apply to preparations sold in
    good faith for diarrhea and cholera, each bottle or package of
    which is accompanied by specific directions for use and caution
    against habitual use, nor to liniments or ointments sold in good
    faith as such when plainly labeled "for external use only", nor to
    powder of ipecac and opium, commonly known as Dover's powder, when
    sold in quantities not exceeding twenty grains. The provisions of
    this section or section 207 of this title shall not be construed to
    permit the selling, furnishing, giving away, or prescribing for the
    use of any habitual users of the same any cocaine, salts of
    cocaine, or preparation containing cocaine or salts of cocaine, or
    morphine or salts of morphine, or preparations containing morphine
    or salts of morphine, or any opium or preparation containing opium,
    or any chloral hydrate or preparation containing chloral hydrate.
    But the preceding sentence shall not be construed to prevent any
    recognized or reputable practitioner of medicine whose permanent
    allegiance is due to the United States from furnishing in good
    faith for the use of any habitual user of narcotic drugs who is
    under his professional care such substances as he may deem
    necessary for their treatment, when such prescriptions are not
    given or substances furnished for the purpose of evading the
    provisions of this section. But the provisions of this section or
    section 207 of this title shall not apply to sales at wholesale
    between jobbers, manufacturers, and retail druggists, hospitals,
    and scientific or public institutions.
-SOURCE-
    (Mar. 3, 1915, ch. 74, Sec. 6, 38 Stat. 819.)
-COD-
                               CODIFICATION                           
      Section is comprised of section 6 of act Mar. 3, 1915. Remainder
    of such section 6 is classified to section 207 of this title.
-End-
-CITE-
    21 USC Sec. 209                                             01/03/2007
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR
                 DISTRICTS IN CHINA                
-HEAD-
    Sec. 209. Poisons; book entry of sale; labels
-STATUTE-
      It shall be unlawful for any person, firm, or corporation whose
    permanent allegiance is due to the United States to sell or deliver
    to any other person any of the following-described substances, or
    any poisonous compound, combination, or preparation thereof, to
    wit: The compounds of and salts of antimony, arsenic, barium,
    chromium, copper, gold, lead, mercury, silver, and zinc, the
    caustic hydrates of sodium and potassium, solution or water of
    ammonia, methyl alcohol, paregoric, the concentrated mineral acids,
    oxalic and hydrocyanic acids and their salts, yellow phosphorus,
    Paris green, carbolic acid, the essential oils of almonds,
    pennyroyal, tansy, rue, and savin; croton oil, creosote,
    chloroform, cantharides, or aconite, belladonna, bitter almonds,
    colchicum, cotton root, cocculus indicus, conium, cannabis indica,
    digitalis, ergot, hyoscyamus, ignatia, lobelia, nux vomica,
    physostigma, phytolacca, strophanthus, stramonium, veratrum viride,
    or any of the poisonous alkaloids or alkaloidal salts derived from
    the foregoing, or any other poisonous alkaloids or their salts, or
    any other virulent poison, except in the manner following, and,
    moreover, if the applicant be less than eighteen years of age,
    except upon the written order of a person known or believed to be
    an adult.
      It shall first be learned, by due inquiry, that the person to
    whom delivery is about to be made is aware of the poisonous
    character of the substance and that it is desired for a lawful
    purpose, and the box, bottle, or other package shall be plainly
    labeled with the name of the substance, the word "Poison", the name
    of at least one suitable antidote, when practicable, and the name
    and address of the person, firm, or corporation dispensing the
    substance. And before delivery be made of any of the foregoing
    substances, excepting solution or water of ammonia and sulphate of
    copper, there shall be recorded in a book kept for that purpose the
    name of the article, the quantity delivered, the purpose for which
    it is to be used, the date of delivery, the name and address of the
    person for whom it is procured, and the name of the individual
    personally dispensing the same; and said book shall be preserved by
    the owner thereof for at least three years after the date of the
    last entry therein. The foregoing provisions shall not apply to
    articles dispensed upon the order of persons believed by the
    dispenser to be recognized and reputable practitioners of medicine,
    dentistry, or veterinary surgery. When a physician writes upon his
    prescription a request that it be marked or labeled "Poison" the
    pharmacist shall, in the case of liquids, place the same in a
    colored glass, roughened bottle, of the kind commonly known in
    trade as a "poison bottle", and, in the case of dry substances, he
    shall place a poison label upon the container. The record of sale
    and delivery above mentioned shall not be required of manufacturers
    and wholesalers who shall sell any of the foregoing substances at
    wholesale to licensed pharmacists, but the box, bottle, or other
    package containing such substance, when sold at wholesale, shall be
    properly labeled with the name of the substance, the word "poison",
    and the name and address of the manufacturer or wholesaler. It
    shall not be necessary, in sales either at wholesale or at retail,
    to place a poison label upon, nor to record the delivery of, the
    sulphide of antimony, or the oxide or carbonate of zinc, or of
    colors ground in oil and intended for use as paints, or calomel;
    nor in the case of preparations containing any of the substances
    named in this section, when a single box, bottle, or other package,
    or when the bulk of one-half fluid ounce or the weight of one-half
    avoirdupois ounce does not contain more than an adult medicinal
    dose of such substance; nor in the case of liniments or ointments
    sold in good faith as such, when plainly labeled "For external use
    only"; nor, in the case of preparations put up and sold in the form
    of pills, tablets, or lozenges, containing any of the substances
    enumerated in this section and intended for internal use, when the
    dose recommended does not contain more than one-fourth of an adult
    medicinal dose of such substance.
      For the purpose of this and of every other section of this
    chapter no box, bottle, or other package shall be regarded as
    having been labeled "Poison" unless the word "Poison" appears
    conspicuously thereon, printed in plain, uncondensed gothic letters
    in red ink.
-SOURCE-
    (Mar. 3, 1915, ch. 74, Sec. 7, 38 Stat. 820.)
-End-
-CITE-
    21 USC Sec. 210                                             01/03/2007
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR
                 DISTRICTS IN CHINA                
-HEAD-
    Sec. 210. Pharmacist; unauthorized use of title
-STATUTE-
      It shall be unlawful for any person whose permanent allegiance is
    due to the United States, not legally licensed as a pharmacist, to
    take, use, or exhibit the title of pharmacist, or licensed or
    registered pharmacist, or the title of druggist or apothecary, or
    any other title or description of like import.
-SOURCE-
    (Mar. 3, 1915, ch. 74, Sec. 10, 38 Stat. 821.)
-End-
-CITE-
    21 USC Sec. 211                                             01/03/2007
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR
                 DISTRICTS IN CHINA                
-HEAD-
    Sec. 211. Preservation of originals of prescriptions compounded and
      copies thereof; inspection of prescriptions by consular officers;
      marking containers of drugs
-STATUTE-
      Every person, firm, or corporation whose permanent allegiance is
    due to the United States owning, partly owning, or managing a drug
    store or pharmacy shall keep in his place of business a suitable
    book or file, in which shall be preserved for a period of not less
    than three years the original of every prescription compounded or
    dispensed at such store or pharmacy, or a copy of such
    prescription, except when the preservation of the original is
    required by section 207 or 208 of this title. Upon request the
    owner, part owner, or manager of such store shall furnish to the
    prescribing physician, or to the person for whom such prescription
    was compounded or dispensed, a true and correct copy thereof. Any
    prescription required by section 207 or 208 of this title, and any
    prescription for, or register of sales of, substances mentioned in
    such sections shall at all times be open to inspection by duly
    authorized consular officers in the consular districts of the
    United States in China. No person, firm, or corporation whose
    permanent allegiance is due to the United States shall, in a
    consular district, compound or dispense any drug or drugs or
    deliver the same to any other person without marking on the
    container thereof the name of the drug or drugs contained therein
    and directions for using the same.
-SOURCE-
    (Mar. 3, 1915, ch. 74, Sec. 9, 38 Stat. 821.)
-End-
-CITE-
    21 USC Sec. 212                                             01/03/2007
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR
                 DISTRICTS IN CHINA                
-HEAD-
    Sec. 212. Offenses; punishment; duty to enforce provisions
-STATUTE-
      Any person, firm, or corporation, whose permanent allegiance is
    due to the United States, violating any of the provisions of this
    chapter shall be deemed guilty of a misdemeanor and, upon
    conviction thereof, shall be punished by a fine of not less than
    $50 and not more than $100 or by imprisonment for not less than one
    month and not more than sixty days, or by both such fine and
    imprisonment, in the discretion of the court, and if the offense be
    continuing in its character, each week or part of a week during
    which it continues shall constitute a separate and distinct
    offense. And it shall be the duty of the consular and judicial
    officers of the United States in China to enforce the provisions of
    this chapter.
-SOURCE-
    (Mar. 3, 1915, ch. 74, Sec. 11, 38 Stat. 821.)
-End-
-CITE-
    21 USC Sec. 213                                             01/03/2007
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR
                 DISTRICTS IN CHINA                
-HEAD-
    Sec. 213. Fraudulent representations to evade or defeat
      restrictions
-STATUTE-
      No person, firm, or corporation whose permanent allegiance is due
    to the United States seeking to procure in the consular districts
    of the United States in China any substance the sale of which is
    regulated by the provisions of this chapter shall make any
    fraudulent representations so as to evade or defeat the
    restrictions herein imposed.
-SOURCE-
    (Mar. 3, 1915, ch. 74, Sec. 8, 38 Stat. 821.)
-End-
-CITE-
    21 USC Sec. 214                                             01/03/2007
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR
                 DISTRICTS IN CHINA                
-HEAD-
    Sec. 214. Previous laws unaffected
-STATUTE-
      Nothing in this chapter shall be construed as modifying or
    revoking any of the provisions of sections 191 to 193 (!1) of this
    title.
-SOURCE-
    (Mar. 3, 1915, ch. 74, Sec. 13, 38 Stat. 822.)
-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 191 to 193 of this title, referred to in text, were
    repealed by Pub. L. 91-513, title III, Sec. 1101(a)(1), Oct. 27,
    1970, 84 Stat. 1291. See section 801 et seq. of this title.
-FOOTNOTE-
    (!1) See References in Text note below.
-End-
-CITE-
    21 USC Sec. 215                                             01/03/2007
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR
                 DISTRICTS IN CHINA                
-HEAD-
    Sec. 215. "Consul" defined
-STATUTE-
      The word "consul" as used in this chapter shall mean the consular
    officer in charge of the district concerned.
-SOURCE-
    (Mar. 3, 1915, ch. 74, Sec. 12, 38 Stat. 822.)
-End-