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Sec. 2. No person shall, within this state, manufacture for sale, offer for sale, or sell any drug or article of food which is adulterated within the meaning of this act.
The term “drug” as used in this act, shall include all medicines for internal or external use, antiseptics, disenfectants and cosmetics. The term “food” as used herein shall include all articles used for food, drink, confectionery or condiment by man, whether simple, mixed or compound.
Sec. 3. An article shall be deemed to be adulterated within the meaning of this act:
(a) In cases of drugs; one, if when sold under or by a name recognized in the United States Pharmacopæia official at the time, if it differs from the standard of strength, quality or purity laid down therein; two, if when sold under or by a name not recognized in the United States Pharmacopæia official at the time, but which is found in some other pharmacopæia or other standard work of materia medica, it differs materially from the standard of strength, quality or purity laid down in such work; three, if its strength, quality or purity falls below the professed standard under which it is sold.
(6) In case of food, drink, confectionery or condiment. One, if any substance or substances have been mixed with it, so as to lower or depreciate or injuriously affect its quality, strength or purity; two, if any inferior or cheaper substance or substances have been substituted wholly or in part for it; three, if any valuable or necessarily constituent or ingredient has been wholly or in part abstracted from it; four, if it is an imitation of, or is sold under the name of another article; five, if it consists wholly or in part of diseased, decomposed, putrid, infected, tainted or rotten animal or vegetable substance or article, whether manufactured or not, or in the case of milk, if it is the product of a diseased animal; six, if it is colored, coated, polished or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is; seven, if it contains any added substance ingredients which is poisonous or injurious to the health ; eight, if it is sold under a coined name and does not contain some ingredient suggested by such name or contains only an inconsiderable quantity; nine, if the package containing it or any label thereon shall bear any statement regarding it or its composition which shall be false or misleading in any particular, provided, that the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles or ingredients of articles of food or drink, if each and every package sold or offered for sale is distinctly labeled in words of the English language as mixtures or compounds, with the name and per cent of each ingredient therein; the word “compound” or “mixture” shall be printed in type not smaller in either height or width than one-half the largest type upon any label on the package and the formula shall be printed in letters not smaller in either height or width than one-fourth the largest type upon any label on the package, and said compound or mixture must not contain any ingredient injurious to the health.
Sec. 4. In the case of drugs :
First: If it be an imitation of, or offered for sale under the name of another article.
Second: 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 & statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indicia, chloral hydrate, ascentanilide or any derivative or preparation of any such substance contained therein.
Provided, that nothing in this paragraph shall be construed to apply to the dispensing of prescriptions written by regular licensed practicing physicians, veterinary surgeons and dentists, and kept on file by the dispensing pharmacist, nor to such drugs as are recognized in the United States Pharmacopæia and the National Formulary, which are sold under the name by which they are recognized
Sec. 5. Whoever by himself or his agents, violates any of the provisions of this act, shall upon conviction be punished by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment in the county jail not less than twenty days nor more than sixty days, or both for each subsequent offense.
Sec. 6. The word “person” as used in this act shall include persons, corporations and co-partnerships.
Sec. 7. Whoever by himself or his agents, kills for the purpose of sale, any calf less than four weeks old, or sells, or has in his possession with the intent to sell, the meat of any calf which he knows to have been killed when less than four weeks old, shall be fined not less than five dollars, nor more than fifteen dollars or imprisonment not more than sixty days, or both.
Sec. 8. Any person guilty of violating any of the provisions of this act, shall be adjudged to pay, in addition to the penalties hereinbefore provided for, all necessary costs and expenses incurred in inspecting and analyzing any such adulterated food, drink, or drugs of which said party may have been guilty of adulterating, or selling. or keeping for sale or offering for sale, including a fee of twenty dollars to the prosecuting attorney; the costs incurred by reason of the examination of such food, drink or drugs shall be paid, when collected, into the county treasury.
Section. 9. This act shall not go into effect until January the first, one thousand nine hundred and eight.
(Senate Bill No. 88.)
AX ACT to amend and re-enact section twenty-nine-a of chapter
one hundred and fifty of the West Virginia code of eighteen hundred and ninety-nine, said section relating to the practice of dentistry.
Became a law
(Passed February 22, 1907. In effect ninety days from passage.
without the approval of the Governor.)
board of examiners created, to
qualifications and duty;
ernor ; qualifications and duty of applicants to practice; penalties for violations of this act; fees to be paid for certificates ; inconsistent acts repealed.
Be it nacted by the Legislature of West Virginia:
That section twenty-nine-a of the West Virginia code of eighteen hundred and ninety-nine, be and the same is hereby amended and re-enacted to read as follows:
Sec. 29a. It shall be unlawful for any person who is not at the time of the passage of this act lawfully engaged in the practice of dentistry in this state to practice dentistry therein, unless such person shall have obtained a certificate as hereinafter provided. A board of examiners to consist of five practicing dentists is hereby created, whose duty it shall be to carry out the purpose and enforce the provisions of this act; the members of said board shall be appointed by the governor; the term for which the members of said board shall hold their office shall be four years, except that two of the members of the board first be appointed under this act shall hold their office for the term of two years, two for the term of three years and one for the term of four years, respectively, and until their successors shall have been appointed and qualified: in case of a vacancy occurring in said board, such vacancy shall be filled by the governor as hereinbefore provided; each member of said board shall take the oath prescribed by the constitution of this state; said board shall choose one of its members president and one, the secretary and treasurer thereof, and it shall meet on the second Wednesday in June in each year, and as much oftener and at such time and place as a majority of the board may decide upon; the secretary and treasurer shall keep a record of all the transactions of the board in a minute book which the board shall provide for that purpose, and shall make an annual report to the governor; a majority of the board shall at all times constitute a quorum. Any person who desires to begin the practice of dentistry in the state of West Virginia after the passage of this act, shall file an application for examination with the secretary of the state board of dental eraminers at least one week before the regular meeting, and shall present himself at the first regular meeting thereafter of such board to undergo examination before that body; any person successfully passing such examination shall be registered as hereinafter provided, and also receive a certificate from said board. It shall be the duty of every person lawfully engaged in the practice of dentistry in this state, upon the passage of this act, to cause his or her name, residence, date of diploma or license, to be registered with the seeretary of the state board of dental examiners within ninety days after the passage of this act. The board may, without examination as above provided, issue a certificate to any applicant who shall furnish satisfactory proof to the board that he is a graduate of a reputable dental college, as determined by the board, and that he has been licensed, after examination by a state board of dental examiners, that recognizes this interchangeable clause. Any person who shall receive a certificate from the board without examination under this provision shall also be registered as hereinafter provided. All persons who shall be understood to be practicing dentistry within the meaning of this act who shall for a fee, salary, or reward paid either to himself or some other person, perform operations or
parts of operations of any kind; treat diseases or lesions of the human teeth or jaw, or manufacture or insert artificial dentures, fixtures or appliances for restoration, regulation or improvement of the dental organs, or who shall display a sign or in any way advertise himself as a dentist, and any person who shall, after this act takes effect, use any other than his or her individual name, or in case of a firm, the names of the individuals composing the firm for the purpose as a dentist, shall be liable to the penalties hereinafter prescribed for every violation of the provisions of this act; provided, that nothing in this act contained shall apply to bona fide students of dentistry in pursuit of clinical advantages in the office of, and under the immediate supervision of a licensed dentist in this state, or shall prevent any person from extracting teeth with or without compensation in an emergency; any person who shall in violation of this act practice dentistry in the state of West Virginia, shall be liable to prosecution and upon conviction of such person so offending, he shall be fined not less than fifty dollars nor more than two hundred dollars or confined in the county jail not less than one, nor more than three months or both for each and every offense; provided, that any person so convicted shall not be entitled to any fee for services rendered, and if a fee has been paid, the patient or his or her guardian or heir may recover the same as debts of like amount are now recovered by law. All fines collected under this act shall inure to the common school fund.
It shall also be the duty of said board to issue a certificate to any applicant who shall furnish satisfactory proof that he was engayed in the practice of dentistry in the state of West Virginia, before the passage of any law of said state regulating such practice,and that since said time, such applicant has been continuously engaged in the practice of dentistry in this state. To provide for the proper and effective enforcement of this act said board of examiners shall be entitled to the following fees, to-wit :-for each certificate issued to persons in lawful practice in this state at the passage of this act, the sum of two dollars, and each applicant for examination, or who is granted a certificate to practice dentistry without examination as above provided shall pay into the treasury of the board twentyfive dollars.
All acts or parts of acts inconsistent with this act are hereby repealed.