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cers of schools, dispensaries, and other institutions, and of physicians, to report. It shall be the duty of the manager or managers, superintendent, or person in charge of every sanatarium, day nursery, convalescent home, home for children, reformatory, training school, boarding school, hospital, dispensary, or other institution for the care or treatment of persons, in the City of New York, to immediately report, or cause to be immediately reported, in writing, to the Department of Health, the name, age (so far as can be ascertained), and residence of every person received therein or treated thereat who is affected with puerperal septicæmia or suppurative conjunctivitis, with the name of the disease with which such person is affected, and it shall be the duty of every physician in the said City to immediately make, or cause to be immediately made, a similar written report to the said Department relative to any person found by such physician to be so affected, stating, in each instance, the name of the disease with which said person is affected. Every such manager, physician, and officer shall also report, in writing, the name and address of the physician or midwife in attendance at the time of the onset of the disease, which information it is hereby made the duty of every institution herein specified to obtain and record among its records.' (As amended by the Board of Health, July 23, 1918.)

§ 92. Occupational diseases and injuries; duty of officers of hospitals, public institutions, and dispensaries, and of physicians, to report.It shall be the duty of the manager or managers, superintendent, or person in charge of every hospital, institution, or dispensary, in the City of New York, to report to the Department of Health, in writing, the full name, age, and address of every occupant or inmate thereof or person treated therein, affected with any one of the occupational diseases included in the list appended, with the name of the disease, within twenty-four hours after the time when the case is diagnosed and it shall be the duty of every physician to make a similar report to the said Department within the said period relative to any person found by such physician to be affected with any one of the said occupational diseases, stating, in each instance, the name of the disease: Arsenic poisoning, bisulphide of carbon poisoning, brass poisoning, caisson disease (compressed-air illness), carbon monoxide poisoning, dinitrobenzine poisoning, lead poisoning, mercury poisoning, methyl alcohol or wood naphtha poisoning, natural gas poisoning, phosphorus poisoning. (S. C., § 134.)

$93. Group of cases of food poisoning; duty of officers of hospitals, and of physicians, to report.—It shall be the duty of every physician, and of the manager, superintendent, or other person in charge of any hospital, dispensary, or other institution, having knowledge of the occurrence of a number or group of cases of severe or fatal illness, which appear to be due to the consumption of spoiled or poisonous articles of food to immediately report the same to the Department of Health.

$94. Exclusion of children from schools. No principal or superintendent of any school, and no parent, master, or custodian of any child or minor (having the power and authority to prevent) shall permit any child or minor having acute poliomyelitis (infantile paralysis), chicken-pox, diphtheria (croup), epidemic cerebro-spinal meningitis, measles, mumps, pulmonary tuberculosis (if in a com

municable form), rubella (German measles, rötheln), scarlet fever, smallpox, or whooping-cough, or any child or minor in any family, or living with any family, in which any such disease exists or has recently existed, to attend any public, private, or parochial school until the Department of Health shall have given its permission therefor, nor shall any such principal, superintendent, parent, master, or custodian permit any child or minor to be unnecessarily exposed, or to needlessly expose any other person, to any infectious disease or to any infective person or agent. (S. C., § 145.)

$95. Exclusion of teachers and instructors affected with certain diseases. No person affected with pulmonary tuberculosis (if in a communicable form) or with any other disease mentioned in Section 94 of the Sanitary Code shall be employed as teacher or instructor in any public, private, or parochial school, or permitted to teach or instruct therein, unless the written permission therefor shall have been obtained from the Department of Health.

$96. Isolation of persons affected with infectious diseases in institutions. It shall be the duty of the manager or managers, superintendent, or person in charge of every sanatorium, sanitarium, day nursery, convalescent home, home for children, reformatory, training school, boarding school, hospital, dispensary, or other institution for the care or treatment of persons, in the City of New York, to provide and maintain a suitable room or rooms for the isolation of persons affected with such infectious diseases as the Regulations of the Department of Health may from time to time designate as being subject to the provisions of this section, and such persons shall immediately be isolated in such room or rooms. (S. C., § 140.)

$97. Removal of persons affected with any infectious disease authorized. Whenever an inspector of the Department of Health shall report in writing that any person affected with any infectious disease, under such circumstances that the continuance of such person in the place where he or she may be is dangerous to the lives or health of other persons residing in the neighborhood, the Sanitary Superintendent, an Assistant Sanitary Superintendent, or the Director of the Bureau of Infectious Diseases, of the said Department, upon the report of a Medical Inspector of the said Department may cause the removal of such person to a hospital designated by the Board of Health. (S. C., § 139.)

$98. Removal of persons affected with an infectious disease regulated. No person shall, in the City of New York, without a permit therefor issued by the Board of Health, carry, move, or cause to be carried or moved, in any manner whatsoever, through any public street or place any person affected with an infectious disease, or any article which has been exposed to such disease; nor shall any person remove or cause to be removed, in the City of New York, any such person or article from any building or vessel to any other building or vessel, or to the shore, without a permit therefor issued by the Board of Health. (S. C., § 143.)

§ 99. Persons having an infectious disease not to engage in manufacturing in tenement houses.-Unless permission therefor shall have been obtained from the Department of Health, no person affected with any infectious disease, or who is exposed to any infectious disease, shall, in any tenement house or in any part thereof, engage in

the manufacture, altering, repairing, or finishing of any article whatsoever, except for the sole and exclusive use of the person so engaged. Whenever required by the Sanitary Superintendent, an Assistant Sanitary Superintendent, or the Director of the Bureau of Infectious Diseases, of the Department of Health, any person engaged in the manufacture, altering, repairing, or finishing of any article whatsoever, except for the sole and exclusive use of the person so engaged, shall submit to a physical examination by a medical inspector of the said Department.

$100. Acts tending to promote spread of disease prohibited.-No person shall by any exposure of any individual sick of any infectious disease, or of the body of such person, or by any negligent act connected therewith, or in respect of the care or custody thereof, or by a needless exposure of himself, cause, contribute to, or promote, the spread of disease from any such person, or from any dead body. (S. C., § 143.)

§ 101. Disinfection and renovation of premises, furniture, and belongings. Adequate disinfection or cleansing and renovation of premises, furniture, and belongings, deemed by the Department of Health to be infected by any contagious, infectious or communicable disease, shall immediately follow the recovery, death, or removal of the person suffering from such disease, and such disinfection or cleansing and renovation shall be performed 'by the owner of said premises. (S. C., § 146.)

$ 102. Duties of undertakers.-It shall be the duty of every undertaker having notice of the death of any person within the City of New York of acute cerebro-spinal meningitis, acute poliomyelitis (infantile paralysis), Asiatic cholera, diphtheria (croup), plague, scarlet fever, smallpox, or typhus fever, or of the bringing of the dead body of any person who has died of any such disease into the said City, to give immediate notice thereof to the Department of Health. No person shall retain or expose, or assist in the retention or exposure of, the dead body of any such person except in a coffin or casket properly sealed; nor shall any person allow any such body to bẹ placed in any coffin or casket unless the body shall have been wrapped in a sheet saturated with a proper disinfecting solution, and the coffin or casket shall then be immediately and permanently sealed. No undertaker shall assist in the public or church funeral of any such person. No undertaker shall use, or cause or allow to be used, at any funeral or in any room where the dead body of any such person shall be, any draperies, decorations, rugs, or carpets, belonging to or furnished by him or under his direction. (S. C., § 141.)

§ 103. Public or church funerals prohibited where death has been caused by certain diseases. A public or church funeral shall not be held of any person who has died of acute poliomyelitis (infantile paralysis), Asiatic cholera, diphtheria (croup), epidemic cerebrospinal meningitis, measles, plague, scarlet fever, smallpox, typhus fever, or yellow fever, but the funeral of such person shall be private, and it shall not be lawful to invite to, or permit at, the funeral of any person who has died of any one of the above diseases, or invite to or permit at any services connected therewith, any person whose attendance is not necessary, or from or to whom there is danger of contagion thereby. (S. C., § 142.)

§ 104. Cynaide used for fumigating purposes regulated.-No person shall use, or cause to be used, any hydrocyanic acid, cyanogen, or cyanide gas for the purpose of fumigating any building, vessel, or other enclosed space in the City of New York without a permit issued therefor by the Board of Health, or otherwise than in accordance with the terms of said permit, or the Regulations of said Board. (New. Passed April 25, 1916.)

§ 105. Diagnostic laboratories regulated. No laboratory offering facilities for the diagnosis of communicable diseases shall be conducted or maintained in the City of New York without a permit therefor issued by the Board of Health or otherwise than in accordance with the Regulations of the said Board.

As adopted by the Board of Health, June 28, 1917.

§ 103. Wood alcohol poisoning to be reported.-It shall be the duty of the manager or managers, superintendent, or person in charge of every hospital, institution, or dispensary in the City of New York to report immediately to the Department of Health the name, age, and address of every occupant or inmate thereof, or person treated therein, affected with wood alcohol or wood naphtha poisoning; and it shall also be the duty of every physician in said City to make immediately a similar report of the Department of Health relative to any person found by such physician to be affected with wood alcohol or wood naphtha poisoning. (As adopted by the Board of Health, December 31, 1919.)

ARTICLE 8

DRUGS AND MEDICINES

Sec. 116. Drugs; manufacture and sale regulated; the terms "drugs," "adulterated," and "misbranded" defined.

$117. Regulating the sale of proprietary and patent medicines. § 118. Drugs, medicines, decoctions, and drinks; fraudulent distribution prohibited.

§ 119. Proprietary medicines; distributions of samples regulated. § 120. The use of living bacterial organisms in the inoculation of human beings regulated.

§ 121. Free distribution of vaccine antitoxin, serum and cultures regulated.

§ 122. Poison; sale and distribution regulated.

123. Carbolic acid; sale regulated.

§ 124. Wood naphtha, otherwise known as wood alcohol or methyl alcohol; sale and distribution regulated.

125. Bichloride of mercury: sale regulated.

126. Habit forming drugs; sale and distribution regulated.
127. Habit forming drugs; disposing of confiscated.

128. Hair dues and other toilet preparations; sale and dis-
tribution regulated.

§ 129. Condemnation and destruction of drugs authorized. $130. Medicated alchol; sale and distribution regulated. § 131. Completely denatured alcohol; sale and distribution of.

Sec. 116. Drugs; manufacture and sale regulated; the terms “drugs," "adulterated," and "misbranded" defined.-No person shall manufacture or produce, or have, sell, or offer for sale, in the City of New York, any drug which is adulterated or misbranded. The term drug as herein used shall include all medicines for external or internal use, or both. Drugs as herein defined shall be deemed adulterated:

(1) If, when sold by or under a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality, or purity, as stated in the United States Pharmacopoeia or National Formulary at the time of investigation. (2) If its strength or purity falls below or its strength is in excess of the professed standard under which it is sold.

A drug shall be deemed misbranded:

(a) If it is an imitation or offered for sale under the distinctive name of another article.

(b) If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package fails to bear a statement, on the label thereof, of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine chloroform, cannabis, indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances, contained therein.

(c) If the package or label bear or contain any statement, design, . or device, regarding the drug or its ingredients, or regarding its or their action on diseased conditions, which statement, design, or device shall be false or misleading in any particular.

(d) If a box, bottle, or package, containing virus, therapeutic serum, toxin, antitoxin, or analogous product, fails to bear on the outside thereof, conspicuously, clearly, and legibly set forth, in English, the proper name of the substance therein contained the name and address of the person, persons, firm, or corporation, by whom or by which the said substance has been prepared, the date beyond which the said substance cannot be reasonably expected to produce the result or results for which it has been prepared, and (if such license shall have been obtained) the United States license number of the establishment in which the said substance has been prepared; and, in the case of diphtheria and tetanus antitoxin if the box, bottle, or package containing such antitoxin shall fail to bear on the outside thereof conspicuously, clearly, and legibly set forth, in English, the value of the contents thereof as an antitoxin, which value shall be measured according to and stated in the terms of some generally recognized standard.

As amended by the Board of Health, Oct. 26, 1915, and further amended Feb. 25, 1920, and Dec. 29, 1920.

Held valid. Fougera v. City N. Y., 224 N. Y. 269.

§ 117. Regulating the sale of proprietary and patent medicines.-It shall be the duty of every manufacturer or proprietor of proprietary or patent medicines manufactured, prepared, or intended for external or internal human use, before offering any such medicine for sale in the City of New York, to register the same with, and procure a Certificate of Registration from the Department of Health in accordance with the Regulations of the Board of Health.

On and after April 1, 1921, no proprietary or patent medicine

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