Penalties.

SECTION 24. 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 labelled shall be punished by a fine of not less than ten nor more than one hundred dollars.

1882, 263, § 7.

1897, 344, § 6.

1905, 236.

1906, 305.

1913, 795.

Prosecution as to Pharmacopœial 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.

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 So much of chapter seventy-five of the Revised Laws as is inconsistent herewith is hereby repealed.

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 pur

chasing 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.

REVISED LAws, 75.

State Board of Health shall report annually on Prosecutions and Expenditures. SECTION 7. Said board shall annually report to the general court the number of prosecutions made under the provisions of sections sixteen to twenty-seven, inclusive, and an itemized account of the money expended in carrying out the provisions thereof.

1884, 289, § 2.

ACTS OF 1906, 386, AMENDED BY ACTS OF 1907, 259.

Patent or Proprietary Medicines or Foods.

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, cannabis 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 proportionately. 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 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.

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 2. It shall be unlawful for any person, firm or corporation to sell or to expose or offer for sale or to give, deliver or exchange any cocaine, or any alpha or beta eucaine, or any synthetic substitute for them, 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 state in which he resides; the original of which prescription shall be retained by the druggist filling the same for a period of at least two years and shall not again be filled, except upon the written order of the original prescriber, and shall at all times be open to inspection by the officers of the state board of health, the members of the state board of registration in pharmacy and its authorized agents, and by the police authorities and officers of cities and towns. But no practitioner of veterinary medicine shall prescribe any of the above mentioned substances for the use of any human being.

SECTION 3. It shall be unlawful for any physician or dentist to prescribe, sell or give away any cocaine or its salts, or any alpha or beta eucaine or their salts, or any synthetic substitute for them, or any preparation containing the same, or any salts or compounds thereof, to any person known to such physician or dentist to be an habitual user of those drugs.

SECTION 4. Any manufacturer or jobber of any or all of the articles mentioned in section two of this act, any wholesale druggist, or any

registered pharmacist may sell any article mentioned in said section. two to any such manufacturer, jobber, wholesale druggist, or to any pharmacist, physician, veterinarian or dentist, registered under the laws of the state in which he resides, or to any incorporated hospital, but only upon a written order duly signed by such manufacturer, jobber, wholesale druggist, registered pharmacist, registered physician, registered veterinarian, registered dentist, or the superintendent of such incorporated hospital, which order shall show the article or articles ordered and the date of delivery. The said order shall be kept on file in the laboratory, warehouse, pharmacy or store from which it was filled by the proprietor thereof, or his successor, for a period of not less than two years from the date of delivery, and shall at all times be open to inspection by the officers of the state board of health, the members of the state board of registration in pharmacy and its authorized agents, and by the police authorities and officers of cities and towns; and such order shall not contain any articles not mentioned in section two of this act.

SECTION 5. Whoever violates any provision of the foregoing sections shall be punished by a fine of not less than fifty and not more than one thousand dollars, or by imprisonment for not more than one year in the county jail or house of correction, or by both such fine and imprisonment, and whoever is found present as described in section seven of this act shall be punished by a fine of not more than fifty dollars, or by imprisonment for three months in the house of correction.

1911, 341.

SECTION 6. Whoever, not being a registered physician, registered dentist, or registered veterinary surgeon, or manufacturer or wholesale or retail dealer in drugs shall have in his or her possession any cocaine, alpha or beta eucaine, or any synthetic substitute for them, or any preparation containing the same, or any salts or compounds thereof, except by reason of a prescription of a registered physician, registered dentist or registered veterinary surgeon, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one hundred dollars or by imprisonment of not more than six months, or by both such fine and imprisonment. The provisions of this section shall not apply to any person, firm or corporation while transporting any of the above mentioned articles from or to any manufacturer or jobber, wholesale druggist, registered pharmacist, registered physician, registered veterinarian, registered dentist or incorporated hospital, or to persons who may have the above mentioned articles in their possession in connection with the enforcement of the provisions of this act or with the trial of cases arising thereunder.

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 having 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