Chap. 183.—An ACT to amend and re-enact section 3 of chapter 1 and see-
tion 10 of chapter 2 of an act entitled an act to regulate the practice of
pharmacy and the composition, branding, possession, dispensing and sale
of drugs, poison and narcotics, and to repeal certain existing acts in rela-
tion thereto, approved March 14, 1908.

Approved March 14, 1910.

1. Be it enacted by the general assembly of Virginia, That section
three of chapter one and section ten of chapter two of an act entitled an
act to regulate the practice of pharmacy and the composition, branding,
possession, dispensing and sale of drugs, poison and narcotics, and to re-
peal certain existing acts in relation thereto, approved March fourteenth,
nineteen hundred and eight, be amended and re-enacted to read as fol-
lows:

§3. The examination of specimens of drugs shal] be made under the
direction and supervision of the board of pharmacy, for the purpose of
determining from such examinations whether such articles are adulter-
ated or misbranded within the meaning of this act, and if it shall appear
from any such examination that any of such specimens is adulterated or
misbranded within the meaning of this act, the board of pharmacy shall
cause notice thereof to be given to the party from whom such sample was
obtained. Any party so notified shall. be given an opportunity to be
heard, under such rules and regulations as may be prescribed as aforesaid,
and if it appears that any of the provisions of this chapter have been vio-
lated by such party, then the board of pharmacy shall at once certify the
facts to the Commonwealth’s attorney of the city or county wherein the
offense occurred, with a copy of the results of the analysis of the exami-
nation of such article duly authenticated by the analyst or officer making
such examination, under the oath of such officer. After judgment of the
court, notice shall be given in such manner as may be prescribed by the
rules and regulations of the board of pharmacy. And that it shall be the
duty of the department of agriculture and immigration of this State to
make such chemical analysis as may be necessary for carrying out the
provisions of this chapter. In all prosecutions arising under this act the
certificate under oath of the analyst or other officer making the analysis
or examinations therein shall be prima facie evidence of the facts therein
certified.

810. From and after the passage of this act, every place in which
drugs, medicines or poisons are retailed or dispensed or physician’s pre-
scriptions compounded as hereinafter provided, shall be deemed to be a
pharmacy, and the same shall be under the personal supervision of a reg-
istered pharmacist, except that during the temporary absence of the reg-
istered pharmacist, a registered assistant pharmacist may act in place of
the said registered pharmacist, and registered apprentices may be in tem-
porary charge, but only with privileges of merchants and retail dealers:
provided, that nothing in this section shall apply to sales of homeo-
pathic medicines by homeopathic pharmacists. But nothing in this act
shall be construed to interfere with any legally qualified practitioner of
medicine, dentistry, or veterinary medicine, who is not the proprietor of
a store for the dispensing or retailing of drugs, or who is not in the
employ of such a proprietor, in the compounding of his own prescrip-
tions, or to prevent him from supplying to his patients such medicines
as he mav deem proper, if such supply is not made as a sale: provided fur-
ther, that in rural districts and in towns having a population of one
thousand or less, any physician or physicians regularly licensed under the
laws of Virginia shall be granted by the board of pharmacy an annual
permit to compound and sell medicines, fill prescriptions and sell poisons,
duly labeling the same as required by this act; and merchants and retail
dealers mav sell the ordinary non-poisonous domestic remedies ; landanum
in original packages containing not over two fluid ounces and put up by
manufacturers and wholesale dealers. Proprietary medicines, copperas,
cream tartar, calomel, paris green, bluestone, carbolic acid, London pur-
ple, sweet spirits nitre, essence Jamaica ginger, paregoric, tincture of
iron, quinine, in original packages which conform to the requirements
of this act, and such other medicines as the board of pharmacy may
permit: and provided further, that nothing in this chapter shall prevent
the sale and dispensing at soda fountains and by other dealers of gran-
ular effervescent and proprietary liquid preparations and beverages
claiming curative properties, and whose composition are not in conflict
with the provisions of this act: and provided further, that the board of
pharmacy shall permit the sale of all insecticides and poisons used for the
destruction of pests and other forms of disease in trees and plants, under
such rules and regulations as will properly protect the lives and health
of the public, and not inconsistent with this act.