Chap. 41.—An ACT to amend and reenact sections 1656, 1657, 1659, 1661, 1662
as amended, 1663 as amended, 1663-a, 1664 as amended, 1664-a, 1664-b, 1669,
1671, 1674 as amended, 1681 as amended, 1686 as amended, 1687 as amended,
1688, 1690, 1691, and 1692 as amended, of the Code of Virginia, relating to the
practice of pharmacy, and the composition, branding, possession, dispensing,
sale and inspection of alg ce drug ied cosmetics and poisons, and to
repeal section 1658 of the Code of Virginia relating to rules and regulations
of the Board of Pharmacy. {s 5

Approved February 27, 1948

Be it enacted by the General Assembly of Virginia:

1. That sections sixteen hundred fifty-six, sixteen hundred
fifty-seven, sixteen hundred fifty-nine, sixteen hundred sixty-one,
sixteen hundred sixty-two as amended, sixteen hundred sixty-three
as amended, sixteen hundred sixty-three-a, sixteen hundred sixty-
four as amended, sixteen hundred sixty-four-a, sixteen hundred
sixty-four-b, sixteen hundred sixty-nine, sixteen hundred seventy-
one, sixteen hundred seventy-four as amended, sixteen hundred
eighty-one as amended, sixteen hundred eighty-six as amended,
sixteen hundred eighty-seven as amended, sixteen hundred eighty-
eight, sixteen hundred ninety, sixteen hundred ninety-one and
sixteen hundred ninety-two as amended, of the Code of Virginia, be
amended and reenacted as follows:

Section 1656. Its objects.—The object of said association is to
unite the pharmacists of this State for mutual aid, encouragement,
and improvement, encourage scientific research, develop pharmaceu-
tical talent, elevate the standard of professional thought, and
ultimately restrict the practice of pharmacy to qualified pharmacists.

Section 1657. Punishment for unlawful manufacture, et cetera,
of adulterated, et cetera, drug.—It shall be unlawful for any person
to manufacture, sell, or offer for sale any drug or ¢osmetic which is
adulterated or misbranded, within the meaning of this chapter;
and any person who shall violate any of the provisions of this
chapter shall be guilty of misdemeanor, and for each offense shall,
upon conviction thereof, be fined not less than twenty nor more
than one hundred dollars or imprisoned in jail not exceeding six
months, or both, in the discretion of the court; and for each subse-
quent offense and conviction thereof shall be fined not exceeding
two hundred dollars or imprisoned in jail not exceeding six months,
or both, in the discretion of the court.

Section 1659. Guaranty to protect dealer from prosecution.—
No dealer shall be prosecuted under the provisions of this chapter
who can establish a guaranty signed by the wholesaler, jobber,
manufacturer, or other party residing in this State or in the United
States, from whom he purchased such articles that the same when
purchased in this State are not adulterated or misbranded within
the meaning of this chapter, or if purchased out of this State, but
within the United States, when the said dealer can establish a
guaranty signed by the person or persons, residing in the United
States, from whom he has purchased such article to the effect that
the same are not adulterated or misbranded within the meaning
of the Federal Food, Drug, and Cosmetic Act. Said guaranty, to
afford protection in either case, 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 chapter.

Section 1661. Duty of Commonwealth’s attorney in case of re-
port of violation of law.—It shall be the duty of each Common-
wealth’s attorney to whom the board of pharmacy shall report any
violation of this chapter to cause appropriate proceedings to be
commenced and prosecuted without delay, for the enforcement of
the penalties as in such case provided, and to prosecute appeals
under section sixteen hundred seventy-four of this chapter.

Section 1662. Definition of terms for purposes of this chapter.—
As used in this chapter, unless the context otherwise indicates :
(1) The term “original package”, shall be construed to mean
the original carton, case, can, box, bottle, vial or other receptacle,
put up by the manufacturer or wholesaler with his label attached,
making one complete package of the drug article.

(2) The term “drug”, includes (a) all substances and prepara-
tions recognized in the official United States Pharmacopoeia, official
Homeopathic Pharmacopoeia of the United States, or official
National Formulary, or any official supplement to any of them;
and (b) all substances and preparations intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease
in man or other animals; and (c) all substances, and preparations.
other than food and cosmetics, intended to affect the structure or
any function of the body.

(3) The term “cosmetic” includes all substances and prepara-
tions intended for cleansing, or altering the appearance of, or pro-
moting the attractiveness of, the person, except soap.

(4) The word “person”, shall be construed to import both the
plural and singular, as the case demands, and shall include in-
dividuals, partnerships, corporations, companies, societies, and
associations.

(5) The word “pharmacy” shall include every place (except
as hereinafter provided) in which drugs, medicines or poisons are
retailed or dispensed, or are displayed for sale at retail, or are
kept in stock in other than manufacturers’ or wholesalers’ original
packages, or in which physicians’ prescriptions are compounded.

(6) The term “label” means the principal display or displays
of written, printed, or graphic matter (1) upon any drug or cos-
metic, or the immediate container thereof, and (2) upon the outside
container or wrapper, if any there be, of the retail package of
any drug or cosmetic.

(7) The term “labeling” includes all labels and other written,
printed, and graphic matter, in any form whatsoever, accompanying
any drug or cosmetic.

(8) The term “advertisement” includes all representations of
fact or opinion disseminated to the public in any manner or by any
means other than by the labeling.

(9) The term “official compendium” means the United States
Pharmacopoeia, Homeopathic Pharmacopoeia of the United States,
National Formulary, or any supplement to any of them, official at
the time any drug to which the provisions thereof relate is intro-
duced into commerce.

(10) The term “board” means the State Board of Pharmacy.

(11) The term “patent or proprietary medicines” shall include
only medicines prepared according to a private formula or a secret
process or under a trade-mark of the manufacturer or owner, and
sold under a trade name in an original package on the label of
which appear the purposes for which the medicine is intended to
be used and specific directions for its administration.
&2 ACTS OF ASSEMBLY [va., 1948

(12) The term “pharmacist” means a person to whom the
board has issued a license to practice as a pharmacist under the
laws of this State and which said license has not expired or has
not been revoked.

Section 1663. Adulterated drugs.—A drug shall be deemed
to be adulterated:

(1) If it has been adjudicated to be such by final judgment
under the Food, Drug, and Cosmetic Act of the United States.

(2) (a) If it consists in whole or in part of any filthy, putrid,
or decomposed substance, or (b) if it has been prepared, packed,
or held under insanitary conditions whereby it may have been
contaminated with filth, or whereby it may have been rendered
injurious to health; or (c) if its container is composed of any
poisonous or deleterious substance which may render it injurious
to health.

(3) If its name is recognized in an official compendium, or
if it purports to be a drug the name of which is so recognized, and
it differs from the standard of strength, quality, or purity as de-
termined by the tests or methods of assay set forth therein; except
that whenever tests or methods of assay have not been prescribed
therein, tests or methods of assay which are accurate and adequate
shall be used. Provided that a drug may bear a name recognized
in an official compendium and differ in strength or composition
from the official standard, but if it does so differ, the label shall
carry a plain statement to the effect that it is not to be confused
with the drug or preparation of the same name recognized in an
official compendium, and a caution that it must not be dispensed
when the official drug or preparation is specified, and in addition
to such statement, the label shall show quantitatively the active
ingredients of the formula of the drug or preparation bearing such
identical name. .

Whenever a drug is recognized in both the United States
Pharmacopoeia and the Homeopathic Pharmacopoeia of the United
States it shall be subject to the requirements of the United States
Pharmacopoeia unless it is labeled and offered for sale as a homeo-
pathic drug, in which case it shall be subject to the provisions of
the Homeopathic Pharmacopoeia of the United States and not
to those of the United States Pharmacopoeia.

(4) If its identity or strength differs from, or its purity or
quality falls below, that which it purports to be or is represented
to possess.

(5) If any substance has been (a) mixed or packed therewith
so as to reduce its quality or strength, or (b) substituted wholly or
in part therefor.

Section 1663-a. Adulterated cosmetics.—A cosmetic shall be
deemed to be adulterated:

(1) If it has been adjudicated to be such by final judgment
under the Food, Drug, and Cosmetic Act of the United States.
(2) If it bears or contains any poisonous or deleterious sub-
stance which may render it injurious to health under such condi-
tions of use as are customary or usual.

(3) If it consists in whole or in part of any filthy, putrid, or
decomposed substance.

(4) If it has been prepared, packed, or held under unsanitary
conditions whereby it may have become contaminated with filth,
or whereby it may have been rendered injurious to health.

(5) If its container is composed of any poisonous or deleterious
substance which may render it injurious to health.

Section 1664. Misbranded drugs.—A drug shall be deemed to
be misbranded:

(1) If it has been adjudicated to be such by final judgment
under the Food, Drug, and Cosmetic Act of the United States.

(2) If its labeling is false, deceiving or misleading in any
particular.

(3) If it is dangerous to health under the conditions of use
prescribed in the labeling or advertising thereof.

(4) If in package form it fails to bear a label containing (a)
the name and place of business of the manufacturer, packer, seller,
or distributor; and (b) an accurate statement of the quantity of
the contents in either terms of weight, measure, or numerical count
except granular effervescent salts; provided, that under subdivision
(b) of this paragraph reasonable variations shall be permitted,
and exemptions as to small packages shall be established, by regu-
lations prescribed by the board, where compliance with such pro-
visions would be impracticable.

(5) If any word, statement, or other information required
on the label under any provision of this chapter is not prominently
placed thereon in such manner as to be easily seen and in such
terms as to be readily understood by purchasers and users of such
articles under customary conditions of purchase and use, due con-
sideration being given to the size of the package. —

(6) If it contains any quantity of the following substances:
Any alcohol, acetanilid, alpha eucaine, barbituric acid, beta eucaine,
bromal, cannabis, carbromal, chloral hydrate, chloroform, coca cola,
cocaine, codeine, heroin, marihuana, morphine, opium, paraldehyde,
peyote, sulphomethane, or any substance chemically derived there-
irom, except derivatives of coca leaves which do not contain cocaine.
ecyonine, or substances from which cocaine or ecgonine may be
synthesized or made, unless it is an article recognized in the United
States Pharmacopoeia, the National Formulary, or Homeopathic
Pharmacopoeia of the United States, and conforms to the standard
as laid down in the United States Pharmacopoeia, the National
Formulary, or Homeopathic Pharmacopoeia of ‘the United States,
and is labeled and sold or dispensed as such, or unless dispensed
on the written order of a member of the medical profession, or
unless its label bears the name and quantity or proportion of such
substances or derivative.

(7) Whenever a drug is recognized in both the United States
Pharmacopoeia and the Homeopathic Pharmacopoeia of the United
States it shall be subject to the requirements of the United States
Pharmacopoeia with respect to packaging and labeling unless it is
labeled and offered for sale as a homeopathic drug, in which case
it shall be subject to the provisions of the Homeopathic Pharma-
copoeia of the United States, and not to those of the United States
Pharmacopoeia, provided that the method of packing and labeling
may be modified with the consent of the board. .

(8) (a) If it is a drug and its container is so made, formed, or
filled as to mislead the purchaser; and (b) if it is an imitation of
another drug; or (c) if it is offered for sale under the name of an-
other drug,

(9) When construing and enforcing the provisions of this
chapter with respect to labeling and advertisements, the term
“antiseptic” shall be deemed to have the same meaning as the
word “germicide”, except, however, in the case of a drug purporting
to be, or represented as, an antiseptic for inhibitory use as a wet
dressing, ointment, dusting powder, or such other use as involves
prolonged contact with the body.

(10) The board is hereby directed to promulgate regulations
exempting from any labeling or packaging requirement of this
chapter drugs which are, in accordance with the practice of the
trade, processed, labeled, or repacked in substantial quantities at
establishments other than those where originally processed or
packaged, on condition that such drugs are in conformity with the
provisions of this chapter upon removal from such processing, label-
ing, or repacking establishment.

Section 1664-a. Misbranded cosmetics——A cosmetic shall be
deemed to be misbranded: ‘

(1) If it has been adjudicated to be such by final judgment
under the Food, Drug, and Cosmetic Act of the United States.

(2) If its labeling is false or misleading in any particular, or
if it is injurious to health under the conditions of use prescribed
in the labeling or advertising thereof.

(3) If in package form it fails to bear a label containing (a) the
name and place of business of the manufacturer, packer, seller,
or distributor; and (b) an accurate statement of the quantity of
the contents in terms of weight, measure or numerical count;
provided, that under subdivision (b) of this paragraph reasonable
variations shall be permitted, and exemptions as to small packages
shall be established by regulations prescribed by the board, where
compliance with such provisions would be impracticable.

(4) If any word, statement, or other information required on
the label under any provision of this chapter is not prominently
placed thereon in such a manner as to be easily seen and in such
terms as to be readily understood by the purchasers and users
of such articles under customary conditions of purchase and use,
due consideration being given to the size of the package.

(5) The board is hereby authorized to promulgate regulations
excepting from any labeling requirement of this chapter cosmetics
which are, in accordance with the practice of the trade, processed,
labeled, or repacked in substantial quantities at establishments
other than those where originally processed or packed, on condition
that such cosmetics are in conformity with the provisions of this
chapter upon removal from such processing, labeling or repacking
establishment.

Section 1664-b. False advertisement—(1) An advertisement
ol a drug or cosmetic shall be deemed to be false if such advertise-
ment violates the provisions of the Food, Drug, and Cosmetic Act
ul the United States.

(2) The advertisement of a drug representing it to have any
therapeutic effect in the treatment of Bright’s disease, kidney.
diseases. cancer, tuberculosis, poliomyelitis (infantile paralysis),
venereal disease, heart and vascular diseases shall be deemed to be
false: except that no advertisement not in violation of subsection
(1) of this section shall be deemed to be false under this paragraph
if it is disseminated only to members of the medical and pharma-
ceutical professions or appears only in the scientific periodicals of
these professions, or is disseminated only for the purpose of public
health education by persons not commercially interested, directly
or indirectly, in the sale of such drugs.

Section 1669. Expenses of board.—The expenses incurred by
the board of pharmacy in the discharge of the duties imposed upon
it shall be paid out of the treasury of the Commonwealth.

Section 1671. By-laws, rules and regulations—The board of
pharmacy shall have authority with the approval of the commis-
sion on administrative agencies to make such by-laws, rules and
rerulations, not inconsistent with the laws of the State, as may be
necessary for the lawful performance of its powers; to collect and
examine specimens of drugs and cosmetics manufactured or offered
ior sale in this State; to engage and pay for such professional and
uther services as it may deem necessary in investigating violations
uf the law, enforcement of its provisions, and to transact all business
relating to the legal practice of pharmacy.

Section 1674. Registration of pharmacies; registration of
pharmacists and assistant pharmacists; renewal of permits to sell
medicines.—The board of pharmacy shall require and provide for
the annual registration of every pharmacy doing business in this
State; the proprietor of every pharmacy opening for business after
the taking effect of this act shall apply to the board of pharmacy for
registration and it shall be unlawful for the pharmacy to do
business until so registered; the fee for such registration, whether
wriginal or annual, shall be two dollars, and upon payment thereof
the board of pharmacy shall issue permit to applicant entitled to
receive same. If any person shall have obtained a permit by misrep-
resentation or fraud or shall conduct the pharmacy in violation of
any lawful rule or regulation of the board or of any law regulating
the practice of pharmacy, the board may revoke such permit after
giving such person reasonable notice and an opportunity to be
heard. Any person who may feel himself aggrieved at the revocation
of his permit may appeal from the action of the board in revoking
the same to the circuit court of the county or the corporation court
of the city in which the pharmacy is located where the matter
shall be heard de novo. Such appeal shall be taken within ten days
by giving written notice to the board. Upon receipt of such notice
all papers relating to the revocation of the permit shall be certified
by the secretary of the board to the clerk of the court, who upon
their receipt shall docket the appeal. Any person who may feel
himself aggrieved by the judgment of the said court in revoking
his permit shall have the right of appeal to the Supreme Court of
Appeals.

The board of pharmacy shall also require and provide for the
annual registration of every registered pharmacist and registered
assistant pharmacist engaged in business in the State, and charge
and receive the sum of two dollars for each such registration. All
permits of the board of pharmacy to sell or dispense medicines shall
be renewed annually. The board ‘shall charge and receive the
sum of two dollars for each renewal.

Section 1681. Supervision of pharmacies; physicians as com-
pounders of medicines; soda fountains—(a) Every pharmacy, as
defined in this chapter, shall be under the personal supervision of
a registered pharmacist, except that during the temporary absence
of the registered pharmacist, a registered assistant pharmacist may
act in place of the said registered pharmacist; but nothing in this
section shall apply to sales of homeopathic medicines by homeo-
pathic pharmacists nor shall this chapter be construed to interfere
with any legally .qualified practitioner of medicine, dentistry or
veterinary medicine, osteopathy, who is not the proprietor of a store
for the dispensing or retailing of drugs, or who is not in the employ
of such proprietor, in the compounding of his own prescriptions, or
to prevent him from supplying to his patients such medicines as
he may deem proper, if such supply is not made as a sale.

(b) 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 phar-
macy an annual permit to compound and sell medicines, fill prescrip-
tions and sell poisons, duly labeling the same as required by this
chapter.
(c) Merchants and retail dealers may sell the ordinary non-
poisonous domestic remedies in original packages put up by the
manufacturers and wholesale dealers, proprietary medicines, cop-
peras, cream tartar, calomel, Paris Green, bluestone, carbolic acid,
London purple, sweet spirits of nitre, tincture of iron, and quinine,
in original packages which conform to the requirements of this
chapter, and such other medicines as the board of pharmacy may
permit; and merchants and retail dealers in counties and towns of
the State may sell paregoric in original packages as put up by the
manufacturer.

(d) Nothing in this chapter shall prevent the sale and dispens-
ing at soda fountains and by other dealers of granular effervescent
and proprietary liquid preparations and beverages claiming remedial
properties, and whose composition are not: in conflict with the
provisions of this chapter.

(e) The board of pharmacy shall also permit the sale of all
insecticides and poisons used for the destruction of pest and other
forms of disease in trees and plants, under such rules and regula-
tions as will properly protect the lives and health of the public
and not inconsistent with this chapter.

(f) Nothing in this act shall be construed to apply to economic
poisons used for the control of insects, or animal pests, or weeds,
or fungus diseases (provided such economic poisons are sold in
original unbroken packages bearing a label having plainly printed
upon it the name of the contents and the word POISON and an
effective antidote) or to substances sold for use in agricultural,
horticultural, industrial, or related arts and sciences.

Section 1686. Qualifications of assistant pharmacist~—Every
person who is the holder of a certificate as a registered assistant
pharmacist, issued prior to March first, nineteen hundred thirty-
five, shall be admitted to the registered pharmacist. examination.
After March first, nmeteen hundred thirty-five, the board shall not
issue an original certificate to any person as a registered assistant
pharmacist; provided, however, that nothing in this section shall
prevent any person who was registered as an assistant pharmacist
prior to March first, nineteen hundred thirty-five, from continuing
to practice as a registered assistant pharmacist.

Section 1687. Fees of applicants.—Every applicant for original
registration as a pharmacist shall pay to the secretary of the board
of pharmacy the sum of twenty-five dollars.

Section 1688. Issue of certificate-—If the applicant for license
as pharmacist has complied with all the requirements of the preced-
ing sections, the board of pharmacy shall enroll. his or her name
upon the register of pharmacists and issue to him or her a certificate
of registration as pharmacist. ‘

Section 1690. Sale of Pharmaceutical preparations; employ-
ment of assistants.—Nothing in this chapter shall be construed to
prevent or interfere with any retail druggist or wholesale dealer,
or manufacturing concern or their employees from selling, com-
pounding or manufacturing in the regular course of business, any
pharmaceutical preparations, or any patent or proprietary prepara-
tions that conform to the requirement of this chapter, and the sale
of which is not in conflict with any of its provisions.

Section 1691. Regulation of sale of poisons.—It shall be unlaw-
ful for any person or persons having authority to sell or dispense
medicines or poisons to retail any poison enumerated in the follow-
ing schedule, without distinctly labeling the bottle, box, vial or paper
in which said poison is contained with the name of the article and
the word “poison” and the name and place of business of the seller ;
and in addition thereto, at least one of the most readily obtainable
effective antidotes to such poisonous articles; arsenic and its prep-
arations, corrosive sublimate, biniodide of mercury, ammonio-chlo-
ride of mercury, mercuric oxide and all other mercuris salts ; cyanide
of potassium, hydrocyanic acid, strychnine and its salts, essential oil
of bitter almonds, cocaine, alpha and beta eucaine and their salts;
aconite, belladonna, nux vomica, cantharides, digitalis, colchium,
conium, hyoscyamus, and their active principles and pharmaceutical
preparations; preparations of opium of a greater strength than
camphorated tincture of opium of the United States Pharmacopoeia,
creosote, croton oil, chloroform, chloral hydrate, carbolic acid
(phenol), oxalic acid, corrosive mineral acids in concentrated form;
and other deadly poisons; and it shall be unlawful for any person to
sell or deliver any poison mentioned in the above schedule unless
it be found upon due inquiry that the purchaser is aware of its
poisonous nature; and it shall also be unlawful to sell or deliver any
of the said poisons to any person under sixteen years of age, except
upon written order of some responsible adult. The provisions of
this section shall not apply to the dispensing of poisons in usual
doses on prescriptions of physicians, dentists or veterinary surgeons,
when prepared and dispensed in accordance with the pharmacy
laws of this State; nor to preparations containing any of the sub-
stances named in this section, when a single box, bottle or other
package, or when the bulk of one-fourth fluid ounce, or the weight
of one-fourth avoirdupois ounce does not contain more than adult
medicinal dose of such substance; nor to liniments or ointments,
sold in good faith as such, when plainly labeled “For external use
only”; nor to preparations put up and sold in the form of pills,
capsules, tablets, or lozenges, containing any of the substances
enumerated in this section, and intended for internal use, when the
dose recommended does not contain more than one-fourth of an
adult medicinal dose of such substance.

Section 1692. Punishment for violation of preceding sections.—
Any person violating any of the provisions of the preceding sections
of this chapter for which no other penalty is prescribed, shall
be guilty of a misdemeanor, and upon conviction thereof, shall be
fined not less than twenty dollars nor more than five hundred dollars
ior each offense, or confined in jail not less than thirty days nor
more than six months, or both.

2. Section sixteen hundred fifty-eight of the Code of Virginia
is repealed.