Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-04-18
PURE FOOD LAW.

l.
lation Hereof, Providing for the Inspec-
ton, Testing and Analysing of Said
Drugs and Medicines, Charging the
North Dakota Experiment Station With
States Attorney with the Enforcement
Hereof.
Be 1t enacted, ETC.:
Section I. Adulterating and Label
ing Drugs.) It shall be unlawful for
any person, his agent or servant, or
while acting as agent or servant of
any other person or corporate IN to
manufacture for sale, offer for sale,
or sell within this state any drug
which is adulterated within the mean
ing of this act.
Sec. 2. Drugs Defined.) The term
drug" as used in this act shall in
clude all medicines for internal or ex-
ternal use, antiseptics, disinfectants
and cosmetics.
Sec. 3. What Constitutes Adultera-
tion.) A drug shall be deemed to be
adulterated:
First. If, when sold under or by a
name recognized in the United States
pharmac opoeia, it differs from the
standard Of strength, quality or purity
prescribed therein, unless the order
therefor requires an article inferior
to such standard or unless such DIFF
ference is made known or so appears
to the purchaser at the time of the
sale.
Second. 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, 1t differs materially from the
standard Of strength, quality or pur-
ity prescribed in such work.
Third. If its strength, quality or
purity falls below the protested stand
ard under which it is sold.
Provided, that drug or medicine
shall not be deemed adulterated in
the following case:
First, If the standard of strength or
purity Of any drug has been raised
since the issue of the last edition OF
the United States pharmacopoeia, no
prosecution relative to it shall be
maintained until such change of
standard has been published through
out the commonwealth.
Sec. 4. Drugs and Medicines to be
Labeled.) Every proprietary product.
drug, medicine or beverage contain
Ing more than five per cent of ethyl
alcohol, or which contains choral n.y.
drate, ergot, morphine, opium or any
of their compounds or derivatives, CO.
caine or any of its salts, bromine,
iodine or any of their salts, shall be
clearly labeled in black open gothic
letters printed on white back
ground showing the name and per
centage of each of the foregoing con-
stituents and said label shall be
affixed to each and every package,
carton, box or bottle in such a way
as to be clearly seen.
Sec. 5. Cocaine-How Sold.) No
sale or gift Of cocaine or Of It's salts
shall be made or delivery thereof
made in this state except upon the
written prescription, Of a licensed ply
sician.
Sec. 6. Methyl Alcohol Prohibited.)
It shall be unlawful to sell, offer or
expose for sale, or have in possession
any preparation or product, intended
Tor the use of man, either for internal
or external purposes, which contains
methyl alcohol or wood spirits"
Sec. z. Physicians Prescription to
be Filled.) Nothing in this act shall,
be so construed as to in any way in
terfere with the written prescription
of any regularly licensed physician or
with the filling OF the same by
licensed druggist. ..-.-...'
Sec. 8. Penalty for SO Doing.)
Any person violating any Of the pro-
visions OF this act shall be deemed
guilty of misdemeanor and shall
for the first offense be punished by
fine Of not less than five dollars
or more than one hundred dollars.
and all necessary costs, including the
expense Of Analysing such adulterated
articles when said person has been
found guilty under this act, and all
such adulterated or misbranded arti-
cles may by order of the court be
seized and destroyed.
Sec. 9. Duty of States Attorney
1t shall be the duty of the attorney
general and states attorney to prose.
| cute all persons violating any of the
provisions Of this act when the eyi.
dence thereof has been presented by
the North Dakota government agri.
cultural experiment station as provid.
ed for in sections II and IL Of this
act.
Sec. 10. The North Dakota Expert.
ment Station to Inspect and Analyze
Drugs and Medicines.) The North
Dakota government agricultural ex
pertinent station shall make analysis
of drugs and medicines found on sale
in North Dakota suspected Of beine
adulterated, at such times and places
and to such extent as It may deter.
mine, and may appoint such agent OF
agents as It may deem necessary for
the enforcement OF the provisions OF
this act, and such agent or agents
shall have free access and egress, eli
all reasonable hours, for the purpose
Of examining into any place wherein
1t is suspected any drug or medicine
adulterated with any dele4erious OF
foreign ingredient or which falls be.
low the standard Of purity or where
such ingredients exist, and such agent
or agents, upon rendering the market
price Of said article, may take from
any person, Arm or corporation sam
pies OF any articles suspected OF be-
Ing adulterated as aforesaid.
& : -- 4 Z ~ :. II. s-.E.