SECTION 4. It shall be unlawful for any person to sell, or to expose or offer for sale, or to give or exchange any cocaine or alpha or beta eucaine or any synthetic substitute of the aforesaid, or any preparation containing the same, or any salts or compounds thereof, except upon the written prescription of a physician, dentist or veterinary surgeon registered under the laws of the Commonwealth; the original of which prescription shall be retained by the druggist filling the same and shall not again be filled.

SECTION 5. The provisions of sections three and four shall not apply to sales at wholesale made to retail druggists or dental depots nor to sales made to physicians, dentists or regularly incorporated hospitals.

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.

SECTION 7. This act shall take effect on the first day of September in the year nineteen hundred and six.

Approved May 11, 1906.

CHAPTER 140, ACTS OF 1907.

AN ACT RELATIVE ΤΟ THE BOARD OF REGISTRATION IN PHARMACY.

Be it enacted, etc., as follows:

Section sixteen of chapter seventy-six of the Revised Laws is hereby amended by inserting after the word "of ", in the fourteenth line, the words: - or within thirty days after a conviction by a court of competent jurisdiction, so as to read as follows: Section 16. The board shall hear all applications by registered pharmacists for the granting of sixth class licenses, if a hearing is requested by the applicant, and all complaints made to them against any person registered as a pharmacist charging

him in his business as a pharmacist with violating any of the laws of the Commonwealth, the enforcement of which is under the supervision of the board of registration in pharmacy, and especially of the laws relating to the sale of intoxicating liquors; or engaging with, or aiding or abetting, another in the violation of said laws; or, if he himself is not the owner and actively engaged in such business, with suffering or permitting the use of his name or certificate of registration by others in the conduct of the business of pharmacy. Such complaint shall set out the offence alleged and be made within fifteen days after the date of the act complained of, or within thirty days after a conviction by a court of competent jurisdiction. The board shall notify the person complained against of the charge against him and of the time and place of the hearing at which he may appear with his witnesses and be heard by counsel. Three of the members of the board shall be a quorum for such hearing. Witnesses at hearings before such board shall testify under oath and may be sworn by a member of the board. The board shall have power to send for persons and compel the attendance of witnesses at said hearings. Approved February 21, 1907.

CHAPTER 190, ACTS OF 1907.

AN ACT TO REGULATE THE SALE OF PURE ALCOHOL BY DRUGGISTS AND APOTHECARIES.

Be it enacted, etc., as follows:

66

Section twenty-one of chapter one hundred of the Revised Laws is hereby amended by inserting after the word "apothecaries", in the first line, the words: - having a sixth class license or a certificate of fitness, and by inserting after the word purposes", in the second line, the words: without a physician's prescription, the said sales to be recorded in the manner provided for in section twenty-six, so as to read as follows:Section 21. Druggists and apothecaries having a sixth class license or a certificate of fitness, may sell pure alcohol for medicinal, mechanical or chemical purposes without a physician's prescription, the said sales to be recorded in the manner provided for in section twenty-six; and wholesale druggists and apothecaries may also sell liquor of any kind, not to be drunk on the premises, under a license of the fourth class.

Approved March 12, 1907.

Date

CHAPTER 308, ACTS OF 1907.

AN ACT TO AUTHORIZE THE REVOCATION OF CERTIFICATES GRANTED TO DRUGGISTS AND APOTHECARIES BY THE BOARD OF REGISTRATION IN PHARMACY.

Be it enacted, etc., as follows:

SECTION 1. Section twenty-three of chapter one hundred of the Revised Laws is hereby amended by striking out all after the word "thereof ", in the seventh line, and inserting in place thereof the words: - The board may, after giving a hearing to the parties interested, revoke such certificate for any cause that it may deem proper, so as to read as follows: Section 23. The board of registration in pharmacy may, upon the payment by an applicant for a license of the sixth class of a fee of not more than one dollar, issue to him a certificate, which shall not be valid after one year from its date, stating that in the judgment of said board he is a proper person to be entrusted with such license and that the public good will be promoted by the granting thereof. The board may, after giving a hearing to the parties interested, revoke such certificate for any cause that it may deem proper.

SECTION 2. This act shall take effect upon

its passage.

Approved April 18, 1907.

CHAPTER 259, ACTS OF 1907.

AN ACT RELATIVE TO THE LABELLING OF CERTAIN PATENT OR PROPRIETARY DRUGS AND FOODS.

Be it enacted, etc., as follows:

SECTION 1. Chapter three hundred and eighty-six of the acts of the year nineteen hundred and six is hereby amended by striking out section one and inserting in place thereof the following: - Section 1. Upon every package, bottle or other receptacle holding any proprietary or patent medicine, or any proprietary or patent food preparation, which contains alcohol, morphine, codeine, opium, heroin, chloroform, cannibis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances, shall be marked or inscribed a statement on the label of the quantity or proportion of each of said substances contained therein. The size of type in which the names of the above substances shall be printed on the labels as above, shall not be smaller than eight point (brevier) caps: provided, that in case the size of the package will not permit the use of eight point cap type the size of the type may be reduced pro

portionately. The provisions of section nineteen of chapter seventy-five of the Revised Laws, so far as they are consistent herewith, shall apply to the manner and form in which such statements shall be marked or inscribed.

SECTION 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.

SECTION 3. Section two of chapter three hundred and eightysix of the acts of the year nineteen hundred and six is hereby repealed.

SECTION 4. This act shall take effect on the first day of March in the year nineteen hundred and eight.

Approved March 29, 1907.

CHAPTER 59, ACTS OF 1907.

AN ACT MAKING APPROPRIATIONS FOR THE BOARD OF REGISTRATION IN PHARMACY.

Be it enacted, etc., as follows:

SECTION 1. The sums hereafter mentioned are appropriated, to be paid out of the treasury of the Commonwealth from the ordinary revenue, for the board of registration in pharmacy, for the fiscal year ending on the thirtieth day of November, nineteen hundred and seven, to wit:

For the salaries of the members of the board, twenty-four hundred dollars.

For travelling and other expenses of the members of the board, a sum not exceeding seventeen hundred and twenty-five dollars. For the salary and expenses of the agent of the board, a sum not exceeding twenty-four hundred dollars.

For a stenographer, witness fees and incidental and contingent expenses of the board, the same to include the printing of the annual report, a sum not exceeding fifteen hundred dollars. SECTION 2. This act shall take effect upon its passage.

Approved February 1, 1907.

CHAPTER 399, ACTS OF 1907.

AN ACT TO ESTABLISH THE SALARIES OF THE MEMBERS OF THE BOARD OF REGISTRATION IN PHARMACY.

Be it enacted, etc., as follows:

SECTION 1. The annual salary of the secretary of the board of registration in pharmacy shall be one thousand dollars, and that of the other members of the board shall be five hundred dollars each, except that the chairman shall receive six hundred dollars.

SECTION 2. This act shall take effect upon its passage. Approved May 9, 1907.