the Revised Laws,1 so far as they are consistent herewith, shall apply to the manner and form in which such statements shall be marked or inscribed. The law applies to fractional parts of packages of medicines, etc. 3 Op. Atty.-Gen. 180. The section is complied with if the statement is inscribed upon the pasteboard wrapper of a bottle provided the bottle is in the wrapper when it is sold or offered for sale. 3 Op. Atty.-Gen. 216. SECTION 2 (as amended by 1907, 259, § 2). No dealer shall be prosecuted under the provisions of this act when he can establish a guaranty signed by the wholesaler, jobber or manufacturer residing in this commonwealth, from whom he purchases such articles, to the effect that the same is not misbranded within the meaning of this act, designating it. Such guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer; and in such case said party or parties shall be amenable to the prosecutions, fines and other penalties which would attach, in due course, to the dealer under the provisions of this act. [NOTE. Superseded by 1911, 289 (p. 10).] SECTION 6. Whoever manufactures, sells or offers for sale any medicine or food preparation in violation of the provisions of this act shall be punished by a fine of not less than five nor more than one hundred dollars. It shall be the duty of the state board of health to cause the prosecution of all persons violating the provisions of this act; but no prosecution shall be brought for the sale at retail, or for the gift or exchange of any patent or proprietary medicine or food preparation containing any drug or preparation the sale of which is prohibited or restricted as aforesaid, unless the said board has, prior to such sale, gift or exchange, given public notice in such trade journals or newspapers as it may select that the gift, exchange or sale at retail of the said medicine or food preparation would be contrary to law. REVISED LAWS, 75. Samples for Analysis shall be furnished. SECTION 20. Whoever offers or exposes for sale or delivers to a purchaser any drug or article of food shall, upon application of an inspector, analyst or other officer or agent of the state board of health and upon tender to him of the value thereof, furnish a sample sufficient for the analysis of any such drug or article of food which is in his possession. 1882, 263, § 6. 1 Supra. Portion of Sample to be reserved and sealed. SECTION 21. Before such sample is analyzed, a portion thereof shall be reserved and sealed by the analyst; and, upon a complaint against any person, such reserved portion shall, upon application, be delivered to the defendant or his attorney. 1884, 289, § 8. Canned Goods must be marked as to Grade. SECTION 22. Canned articles of food shall not be offered for sale unless they bear a mark to indicate the grade or quality thereof and the name and address of the person who packed or who sells them. 1897, 344, § 1. Soaked Canned Goods must be so marked. SECTION 23 (as amended by 1910, 528, § 2). All canned articles of food which have been prepared from dry products and have been soaked before canning shall be plainly marked by an adhesive label having on its face the word "soaked" in letters of legible type not smaller than two line pica. All cans, jugs and other packages containing molasses shall be plainly marked by an adhesive label having on its face the name and address of the person who made and prepared the same with the name and quality of the ingredients thereof in letters of the size and description aforesaid. 1897, 344, § 5. Penalties. SECTION 24 (as amended by 1905, 236, by 1906, 305, and by 1913, 795). Whoever falsely stamps or labels any cans, jars or other packages containing fruit or food of any kind, or permits such stamping or labelling, or, except as hereinafter provided, violates any of the provisions of sections sixteen to twenty-seven, inclusive, shall be punished by a fine of not less than twenty-five nor more than five hundred dollars; and whoever knowingly sells such goods so falsely stamped or labeled shall be punished by a fine of not less than ten nor more than one hundred dollars. Prosecution as to Pharmacopoeial Drugs limited. SECTION 27. 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 throughout the commonwealth. ACTS OF 1910, 416. Prosecutions under the Laws relative to Adulterated Drugs and Food. SECTION 1. No prosecution shall be begun under sections sixteen to twenty-seven, inclusive, of chapter seventy-five of the Revised Laws, for the manufacture, sale or offering for sale of drugs, unless the person purchasing the drug or taking the drug without purchasing shall seal and deliver to the owner or person from whom such drug is purchased or taken a portion of the drug so purchased or taken; and a receipt therefor shall be given to the collector. The drug so purchased or taken shall thereafter be analyzed or tested under the direction of the state board of health for the purpose of determining whether it comes within the provisions of the sections above mentioned. SECTION 2. If it appears that any provision of the said sections has been violated, the said board may direct or authorize formal complaint to be made to a court or justice having jurisdiction in such cases; but no evidence of the result of said analysis or test shall be received if the collector refuses or neglects to seal and deliver a portion of the drug purchased or taken as aforesaid to the owner or person from whose possession it is taken. ACTS OF 1911, 289. Prosecutions for selling Adulterated or Misbranded Articles of Food or Drugs. SECTION 1. No dealer shall be prosecuted under the provisions of sections sixteen to twenty-six, inclusive, of chapter seventy-five of the Revised Laws, or of any act supplementary thereto or amendatory thereof, for selling, exposing for sale, or having in his custody or possession with intent to sell, any article of food or any drug or medicine which has been adulterated or misbranded contrary to the laws of this commonwealth, or which contains any substance, the use of which in food or in drugs is forbidden by the laws of this commonwealth, if he can establish a guaranty signed by the manufacturer, wholesaler, or jobber within this commonwealth from whom he purchased the said article, drug or medicine, to the effect that the same is not adulterated or misbranded within the meaning of this act, designating the act. Such guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in that case such party or parties shall be subject to the prosecution, fine or other penalties which would attach in due course to the dealer under the provisions of the sections aforesaid. SECTION 2. So much of chapter seventy-five of the Revised Laws as is inconsistent herewith is hereby repealed. DRUGS. ACTS OF 1907, 180. Public Distribution of Harmful Drugs prohibited. SECTION 1. No person shall distribute, deliver or give away in any public street or highway or from house to house or place to place, any bottle, box, envelope or package containing any liquid, medicine, pill, powder, tablet or other article which is composed of any drug, poison or other ingredient or substance which may be in any way injurious or harmful to any child or other person who may taste, eat, drink or otherwise use the same. Penalty. SECTION 2. Whoever violates the provisions of this act shall be punished by a fine of not less than fifty nor more than one hundred dollars. ACTS OF 1910, 387. The Sale of Cocaine. SECTION 1. It shall be unlawful for any person, firm or corporation to manufacture any so-called catarrh powder or catarrh cure, or any patent or proprietary preparation containing cocaine, or any of its salts, or alpha or beta eucaine, or any of their salts, or any synthetic substitute for them. SECTION 7. If a person makes complaint under oath to a police, district, or municipal court, or to a trial justice or justice of the peace authorized to issue warrants in criminal cases, that he has reason to believe or does believe that cocaine or alpha or beta eucaine, or any synthetic substitute for them, or any preparation containing the same, or any salts or compounds thereof are kept or deposited by a person named therein in a store, shop, warehouse, building, vehicle, steamboat, vessel or place, other than by a manufacturer or jobber, wholesale druggist, registered pharmacist, registered physician, registered veterinarian, registered dentist, employees of incorporated hospitals or those who are entitled by law to have possession of any of the above mentioned articles, such court or justice, if it appears that there is probable cause to believe that said complaint is true, shall issue a search warrant to a sheriff, deputy sheriff, city marshal, chief of police, deputy marshal, police officer or constable commanding him to search the premises in which it is alleged that such cocaine, alpha or beta eucaine, or any synthetic substitute for them, or any preparation containing the same, or any salts or compounds thereof are kept or deposited, and to seize such cocaine, alpha or beta eucaine, or any synthetic substitute for them, or any preparation containing the same, or any salts or compounds thereof and securely keep the same until final action, and to arrest the person or persons in whose possession it is found, together with all persons present, and to return the warrant with his doings thereon as soon as may be to a court or trial justice hav ing jurisdiction in the place in which such cocaine, alpha or beta eucaine, or any synthetic substitute for them, or any preparation containing the same, or any salts or compounds thereof are alleged to be kept or deposited. SECTION 8. If, after such notice as the court or trial justice shall order, it appears that the cocaine, alpha or beta eucaine, or any synthetic substitute for them, or any preparation containing the same, or any salts or compounds thereof, seized according to the provisions of section seven of this act, was, at the time of making the complaint, in the possession of the person alleged therein in violation of law, the court or trial justice shall render judgment that such and so much of the cocaine, alpha or beta eucaine, or any synthetic substitute for them, or any preparation containing the same, or any salts or compounds thereof, so seized as was so unlawfully kept, shall be forfeited to the commonwealth, and shall, by the authority of the written order of the court or trial justice, be forwarded by a common carrier to the state board of health, which upon receipt of the same, shall notify said court or justice thereof. The said board shall sell the same, and after paying the cost of the transportation of the said cocaine, alpha or beta eucaine, or any synthetic substitute for them, or any preparation containing the same, or any salts or compounds thereof, it shall pay over the net proceeds to the treasurer and receiver general. SECTION 9. It shall be the duty of the state board of health to cause the prosecution of all persons violating the provisions of this act, but no prosecutions shall be brought against any wholesale or retail druggist for the sale or for the gift or the exchange of any patent or proprietary preparation containing cocaine or alpha or beta eucaine, or any synthetic substitute for them, unless the said board has, prior to such sale, gift or exchange, given public notice in some trade journal that the gift, sale or exchange of the said patent or proprietary preparations, naming them, would be contrary to law. GENERAL ACTS OF 1915, 187. The Sale and Distribution of Narcotic Drugs. SECTION 1. It shall be unlawful for any person, firm or corporation to sell, furnish, give away or deliver coca leaves or any cocaine or any alpha or beta eucaine or any synthetic substitute for them, or any salts, compound or derivative thereof, except decocainized coca leaves and preparations thereof, or any opium, morphine, heroin, codeine or any preparation thereof, or any salt, compound or derivative of the same, except upon the written order of a manufacturer or jobber in drugs, wholesale druggist, registered pharmacist actively engaged in business as such, physician, dentist, veterinarian, registered under the laws of the state in which he resides, or an incorporated hospital, college or scientific institution through its superintendent or official in immediate charge, or upon the written prescription of a physician, dentist or veterinarian, registered |