Arizona republican., 1918-05-16

marked 20 per cent alcohol. It is quite apparent that the percentage. of all cohol in a substance is not alone con- trolling upon the question of whether may be lawfully sold. but that the real questions are whether the sub- stance is such that it may be easily, or even practically, used as an intoxi- eating beverage, and whether, con- taining alcohol, it is sold as a bever- age.
 I have consulted the various Treas ury Decisions, issued by the United States Commissioner of Internal Rev. enue, touching the question of what are intoxicating alcoholic compounds, and have drawn upon the experience of the peace officer of Maricopa coun- ty, and feel that the observance of the following rules of interpretation of our prohibition laws will be a practical solution of the question under consid- eration. 1 invite the cooperation of all dealers to the end that there may be no unfair competition owing to ob- servance of these rules by some, and observance by others, and to the further end that prosecutions for salll- ing alcoholic medicines, extracts and essences may not be necessary in the future.
 What May Be Sold For Non- Beverage Purposes.
 Section 2, of Chapter 63, of the Ses- sion Laws of Arizona, 1917, contains among other things, the following Provided also, that nothing herein shall prevent the manufacture and sale of such preparations as flavoring extracts, essences, tinctures. perfumes or remedies containing drugs or med icines which do not contain more al- | cohol than is necessary for legitimate purposes for extraction, solution oI preservation, and which contain drugs | in sufficient quantity to medicate such 1 compounds, and which are sold fol | legitimate and lawful purposes and mol as beverages" From this statutory 1 provision, viewed in the light of tht general law on the subject and witt the assistance of interpretations drawr l from the decisions of the Commission. CT of Internal Revenue, the following rule as to what substances containing alcohol may be lawfully handled b, merchants is given as the opinion O the County Attorneys office for tn, guidance of the trade;
 A given flavoring extract essence tincture, perfume or remedy contain ing alcohol may be lawfully sold, pro vided:
 (a) It contains no more alcoho than is necessary for legitimate pur poses of extraction, solution or preser vation; and
 (b) Provided Gin the case of a rem edy) it contains in each fluid ounce dose as whole, or in compatible com bination of one or more agents o recognized therapeutic value; and | Co Provided Cir the case of a rem chemically or
 edy) it contains no agents, eithe
 chemically or physiologically incom
 patible with the active medicina agents upon which the medicina
 claims are based: and
 (d) Provided it is not a beverag
 and is not sold to be used as a bever
 age, and is not sold under such cir
 cumstances that the sellerr. by tn
 exercise of due diligence should be abl
 to deduce an intention on the part C
 the purchaser to use 1t as a beverage
 In order for the substance to be nc
 a beverage" it must be medicated t
 such extent that either by virtue C
 it's taste or smell, or because of it
 systemic effects if taken in excessiv doses, it can not practically be take ] as a beverage or for the purpose (
 producing any degree of intoxicatiol
 Circumstances Under Which The Sal of Any Substance Containing AL cohoI is Unlawful.
 No remedy, flavoring extract. es