ordinary course of its business and without actual knowledge of the adulteration or misbranding thereof. Provided, That the having in possession by any person, firm or corporation who manufactures or exposes for sale, any adulterated or misbranded food within the meaning of this act, shall be prima facie evidence of having in possession with intent to sell in violation of its provisions, except that any manufacturer, wholesaler or jobber, may keep goods specially set apart in his stock for sale in other states, which might otherwise be in violation of the provisions of this act. (Laws 1919, p. 1031, §1.) * SEC. 3. That the term "drugs" as used in this act shall include all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary, for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or animals. The term "food" as used herein shall include all articles used for or entering into the composition of food, drink, confectionery or condiment by man or domestic animals, whether simple, blended, mixed or compound. (Laws 1919, p. 1032, §2.) SEC. 4. That for the purpose of this act an article shall be deemed to be adulterated, in case of drugs: 1st. If, when a drug is sold under or by a distinctive name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard strength, quality or purity, as determined by the test laid down in the United States Pharmacopœia or National Formulary official at the time of investigation provided, that no drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality or purity be plainly stated on the bottle, box or container thereof, although the standard may differ from that determined by the test laid down in the United States Pharmacopœia or National Formulary. 2nd. If its strength or purity shall fall below the professed standard or quality under which it was sold. In case of confectionery: If it contains terra alba, barytes, talc, chrome yellow, burnt umber or other mineral substance, or poisonous coloring or flavoring or other ingredients detrimental to health, or any vinous, malt or spirituous liquors, or compound or narcotic drug. * (Laws 1909, p. 239, §4.) SEC. 5. That the term "misbranded," as used herein, shall apply to all drugs, the package or label of which shall bear or contain any statement, design or device regarding the purity or therapeutic effect of such articles or any of the ingredients or substances contained therein, which shall be false or mis leading in any particular, or to articles of food the package or label of which shall bear or contain any statement, design or device regarding such articles or any of the ingredients or substances contained therein, which shall be false or might prove deceptive as to the true character of the product or to any food and drug product which is falsely branded as to the State, territory, or county in which it is manufactured or produced. That for the purpose of this act an article shall also be deemed misbranded. In 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 a true statement on the label or fails to show in conspicuous letters a true statement as is or may be prescribed by the United States law or rules and regulations, of the quantity and proportion of any alcohol, spirituous, vinous or malt liquor, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, antipyrine, or acetanilid, or any derivative or preparation of any such substances contained therein; Provided, That nothing in this paragraph shall be construed to apply to such preparations as are specified and recognized by the United States Pharmacopoeia or National Formulary or to prescriptions of licensed practitioners of medicine or dental surgery and veterinary surgeons in course of their personal practice. In case of foods. First. If it be an imitation of or offered for sale under the distinctive name of another article. Second. If it be labeled or branded so as to deceive or mislead the purchaser, or purports to be foreign product when not so, or is an imitation in package or label of another substance of a previously established name, or which has been trade marked or patented, or 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 it fails to bear a true statement on the label in conspicuous letters of the quantity or proportion of any alcohol, morphine, malt, malt extract, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, antipyrine or acetanilid, or any derivative or preparation of any such substances contained therein. Third. If in package form and the quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure or numerical count, together with the name and address of the manufacturer or jobber or other person responsible for placing the product upon the market; Provided, however, That reasonable variations as to the quantity of the contents of package shall be permitted and tolerances and exemptions as to small packages shall be established by rules and regulations made in ac cordance with the provisions of Section 15 of this Act. Fourth. *** Any person, firm, association or corporation, violating any provision of this subdivision of Section 5 shall be guilty of a misdemeanor and on conviction shall for each offense be fined not less than fifty ($50.00) dollars nor more than two hundred ($200.00) dollars. Fifth. If the package containing it or its label shall bear any statement, design, or device regarding the ingredients or substance contained therein, which statement, design or device shall be false or misleading in any particular; Provided, That an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases: First: In the case of mixtures or compounds which may be now, or from time to time, hereafter known as articles of food under their own distinctive names and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where the said article has been manufactured or produced. But in case of baking powders every can or other package shall be labeled so as to show clearly and exactly what acid salt and what amount has been used in making the same. Second. In the case of articles labeled, branded or tagged, so as to plainly indicate that they are compounds, imitations, or blend, and the words compound, imitations, or blend, as the case may be, is plainly stated in larger letters than other printing on the package in which it is offered for sale. Provided, That the term "blend" as used herein shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring or flavoring only; and Provided, further, That the label bear a true statement of the names of the ingredients entering into or going to make up the food sold or offered for sale in Alabama, as imitations, compounds, or blends. (Special Session 1920, p. 157, §1.) SEC. 6. That no dealer shall be prosecuted under the provision of this act when he can establish a guaranty signed by the wholesale jobber, manufacturer, or other party from whom he purchased such article, to the effect that the same is not adulterated or misbranded within the meaning of this act, designating it. Said guarantee 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 cases, the said party or parties shall be amenable to the prosecution, fines, and other penalties which would attach, in due course, to the dealer under the provisions of this act. (Laws 1909, p. 243, §6.) SEC. 13. That it shall be the duty of the Commissioner of Agriculture and Industries with the assistants herein provided to fix the standards of purity for all food and drug products when the same are not fixed by this act, in accordance with those promulgated by the Secretary of Agriculture, the Secretary of the Treasury and the Secretary of Commerce and Labor of the United States (except as herein provided), when such standards have been published; and when not yet published, the Commissioner of Agriculture, with the assistance of the State Chemist, shall fix such standards, provided that the standards for pure leaf lard, compound lard, mixed edible fats and cottonseed oils are hereby defined as follows: * * * Whenever the Commissioner of Agriculture with the assistance of the State Chemist or the municipal or county inspectors, may find, by analysis, that adulterated, misbranded or imitation drugs, liquors, or food product have been manufactured for sale or put on sale in this State, he shall forthwith furnish a certificate of analysis to that effect to the State solicitor in the county, attorney for municipality where the said adulterated misbranded, or imitation drug, liquor, or food product was found, and it shall be the duty of the State solicitor, attorney for municipality, to immediately prosecute any and every person violating any of the provisions of this act as soon as he receives the evidence as herein specified from the Commissioner of Agriculture and Industries of the State or the municipal or county inspectors, where elected or appointed for the several counties of the State. (Laws 1909, p. 246, §13.) PHARMACY LAW ACT 423, LAWS OF 1923 SEC. 1. That from and after the passage of this act, it shall be unlawful for any person not licensed as a pharmacist within the meaning of this Act, to conduct or manage any pharmacy, drug store, apothecary shop, or other place of business, for the retailing, compounding or dispensing of any drugs, medicines, or poisons, or for compounding of Physicians' prescriptions, or to keep exposed for sale, or to retail any drugs, medicines or poisons, except as hereinafter provided, or for any person not licensed as a pharmacist within the meaning of this Act, to compound, dispense or sell at retail any drug, poison, or medicinal preparation upon the prescription of a Physician or otherwise, or to compound Physicians' prescriptions except as an aid to or under the supervision of a person licensed as a Pharmacist under this Act, and it shall be unlawful for any owner, or manager of a pharmacy or drug store, or other place of business, to cause or permit any other than a person licensed as a Pharmacist, or assistant Pharmacist, or apprentice, to compound, dispense, or sell at retail any drug, medicine, or poison, except as an aid to, or under the supervision of a person licensed as a Pharmacist or assistant Pharmacist; Provided, however, That nothing in this section shall be construed to interfere with any legally licensed practitioner of medicine, veterinary surgery, or dentistry, in the compounding or dispensing of his own prescriptions, nor with the exclusive wholesale business of any dealer who shall be licensed as a Pharmacist, or who shall keep in his employ at least one person who is licensed as a Pharmacist; nor with the sale of poisonous substances which are sold exclusively for use in the arts; or for use as insecticides, when such substances are sold in unbroken packages, bearing a label having plainly written upon it the name of the contents, and the word, "poison," and also the name of at least two readily obtainable antidotes. Provided further, That in a village of not more than five hundred inhabitants, according to the last census taken and authorized by an act of the Congress of the United States, or in towns where there is no person licensed as a Pharmacist, the Board of Pharmacy, hereinafter provided for, may grant to any person who is licensed as assistant Pharmacist, a permit annually to conduct a pharmacy or drug store in such town or village, which permit shall not be valid in any other than the place designated in the permit. Provided, however, That nothing in this section shall be so construed as to apply to the sale of patent and proprietary medicines or the ordinary household remedies, and such drugs or medicines as may be specified by said Board of Pharmacy, shall be permitted to be sold by those engaged in the sale of general merchandise or wholesale or retail groceries. Provided further, That nothing in this Section shall be so construed as to prevent any person, firm or corporation from owning a pharmacy, drug store, or apothecary shop, provided such store shall be in charge of a licensed pharmacist. And, provided further, That the said Board of Pharmacy may grant to any legally licensed practicing Physician, in such town or village, an annual permit to conduct a pharmacy, drug store, apothecary shop in such town or village, subject to the provision of this Act. SEC. 14. It shall be unlawful for any person, firm or corporation to sell, furnish, or give away any cocaine, alpha or beta eucaine, opium, morphine, heroin, or any salt or compound of any of the foregoing substances, or any preparation or compound containing any of the foregoing substance or their salts, except upon the original written order or prescription of a lawfully authorized practitioner of medicine, den |