CHAPTER 551

AN ACT to amend and reenact §§ 54-399, 54-406, 54-407, 54-410, 54-411,
54-414, 54-415 as amended, 54-417, 54-420, 54-422 as amended, 54-424,
54-426, 54-481, 54-482 as amended, 54-482.1, 54-482.2, 54-488 as amend-
ed, 54-440 as amended, 54-441, 54-447, 54-448, 54-452, 54-468, 54 471,
54-478, 54-479, 54-480, 54-484 through 54-486, and 54-499 as amended,
of the Code of Virginia, and to amend the Code of Virginia by adding
new sections numbered 54-428.1, 54-425.1, 54-426.1, 54-484.1, 54-434.2,
54-441.1, and 54-524.1, the amended and new sections relating gen-
erally to the handling and dispensing of drugs and drug products and
poisons and certain exemptions thereto; and to repeal §§ 54-400,
54-401, 54-402, 54-418, 54-425, 54-429, 54-480, 54-484 through 54-439,
and all amendments thereto, of the Code of Virginia, relating to the
same subject.

(S 34]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:
1. That 8§ 54-399, 54-406, 54-407, 54-410, 54-411, 54-414, 54-415 as
amended, 54-417, 54-420, 54-422 as amended, 54-424, 54-426, 54-431,
54-432 as amended, 54-482.1, 54-432.2, 54-433 as amended, 54-440 as
amended, 54-441, 54-447, 54-448, 54-452, 54-463, 54-471, 54-478, 54-479,
54-480, 54-484 through 54-486, and 54-499 as amended, of the Code of
Virginia be amended and reenacted, and that the Code of Virginia be
amended by adding new sections numbered 54-423.1, 54-425.1, 54-426.1,
54-434.1, 54-484.2, 54-441.1 and 54-524.1, the amended and new sections
being as follows:

§ 54-399 (a) Finding—The practice of pharmacy in the State of
Virginia is declared a professional practice affecting the public health,
safety and welfare and is subject to regulation and control in the public
interest.

(b) Definitions—As used in this chapter, unless the context other-
wise indicates:

(1) “Pharmacy” shall * mean every place or establishment, except
as hereinafter provided, in which prescriptions, drugs, medicines, * and
poisons are * prepared, compounded, * dispensed or * sold at retail * and
which is duly registered by the State Board of Pharmacy.

(2) “Pharmacist” means a person to whom the Board has issued a *
certificate of registration to practice * pharmacy under the laws of this
State and which * certificate of registration, has not expired or has not
been revoked or suspended.

(3) “Prescription” shall mean and include an order for drugs or
medical supplies, written or signed or transmitted by word of mouth,
telephone, telegraph or other means of communication by a duly licensed
physician, dentist, veterinarian or other practitioner, licensed by law to
prescribe and administer such drugs and medical supplies intended to be
filled, compounded or dispensed by a pharmacist.

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

(5) “Device” means instruments, apparatus, and contrivances, in-
cluding their component parts, and accessories, intended (1) for use in
the diagnosis, cure, mitigation, treatment, or prevention of disease in man
or other animals; or (2) to affect the structure or any function of the
body of man or other animals.

(6) “Medicine” is defined as a drug or combination of drugs, or any
substance or combination of substances, used in treating disease in man
or other animals.

(7) “Cosmetic” includes all substances and preparations, except soap,
intended for cleaning or altering the appearance of, or promoting the at-
tractiveness of, the * body, or any part thereof, of man or other animals.

(8) “Dispense” includes sell, distribute, leave with, give away, dis-
pose of, deliver or supply.

(9) “Person” shall be construed to import both the plural and
singular, as the case demands, and shall include individuals, partnerships,
corporations, companies, societies and associations.

(10) A “wholesaler” or “distributor” shall be every person, engaged
in the business of distributing drugs or medicines at wholesale to phar-
macies, hospitals, practitioners, governmental agencies or other lawful
outlets permitted to sell or use drugs or medicines; such person shall not
be subject to any State or local tax as a wholesale merchant by reason of
anes Garten but they shall be subject to the definition contained in
§ 58-304.
(11) “Original package” shall be construed to mean the original
carton, case, can, box, bottle, vial or other receptacle, put up by or for the
manufacturer or wholesaler or distributor, with * label attached, making
one complete package of the drug article.

(12) “Label” means the principal display or displays of written, printed
or graphic matter (a) upon any drug or cosmetic, or the immediate con-
tainer thereof, and (b) upon the outside container or wrapper, if any
there be, of the retail package of any drug or cosmetic.

(18) “Labeling” includes all labels and other written, printed and
graphic matter, in any form whatsoever, accompanying any drug or
cosmetic.

(14) “Advertisement” includes all representations of fact or opinion
eeemlnntest to the public in any manner or by any means other than by

abeling.

(15) “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 introduced into commerce.

(16) “Board” means the State Board of Pharmacy.

_ (17) The term “proprietary medicine” means completely compounded,
originally packaged drugs or medicines which do not contain any danger-
ous drugs as defined in this act and are not dangerous to health when
used according to the recommendations on the label, and the label or
labeling of which conforms to the requirements of the Virginia Dan-
gerous Drug Law and all applicable provisions regarding dosage and does
not contain the statement: “Caution: Federal Law Prohibits Dispensing
Without Prescription”.

(18) “Animal” means any animate being, which is not human,
endowed with the power of voluntary action.

§ 54-406. Each appointment on the Board may be made from a list
of at least five names for each vacancy sent to the Governor * by the Vir-
ginia Pharmaceutical Association. Nominations are to be made to the
Governor by June first of each year. The Governor shall notify the As-
sociation promptly of any vacancy other than by expiration and like nomina-
tions may be made for the filling of the vacancy. In no case shall the
Governor be bound to make any appointment from among the nominees
of the Association.

§ 54-407. Every person appointed a member of the Board shall, be-
fore entering upon the duties of his office, take the oath of office before
some officer authorized to administer an oath, and file the certificate of the
oath with the secretary-treasurer of the Board.

§ 54-410. There shall be a president * of the Board, who shall be
selected by the Board from its own members; * a secretary*-treasurer *
who shall be some one other than a member of the Board, qualified under the
Personnel Act, selected by the lawful Board at time of selection to serve as
their executive officer. * The president shall hold office for a period of
one year from * his election and qualification, or until * his successor is
elected and qualified. The tenwre of * office of the secretary*-treasurer*
shall be the same as that for State classified personnel under the State
Personnel Act.

§ 54-411. The secretary*-treasurer of the Board shall give bond for
the faithful performance of the duties of his office in such penalty and
with such security as may be approved by the Board.

§ 54-414. The salary of the secretary*-treasurer shall be fixed by the
Board subject to the provisions of Chapter 9 of Title 2. Each member of
the Board shall be paid the sum of * fifteen dollars for every day he is
actually engaged in its service, and shall be reimbursed for such actual
and legitimate expenses as he may incur in going to and from the place
of meeting and remaining thereat during the sessions of the Board.

§ 54-415. The Board shall regulate the practice of pharmacy and the

sale of poisons and dangerous drugs, control the character and standard
of all drugs and medicines dispensed in the State, investigate all com-
plaints as to the quality and strength of all drugs and medicines and take
such action as may be necessary to prevent the sale and distribution of
such drugs and medicines as do not conform to the requirement of law.
_ The Board may engage and pay for such professional and other serv-
ices as it may deem necessary in investigating violations of the law, and
the enforcement of its provisions. * The Board may transact all business
relating to the legal practice of pharmacy.

§ 54-417. The members of the Board and their duly authorized
agents shall have the power to inspect in a lawful manner the medicines
and drugs or drug products or domestic remedies which are manufactured,
packed, packaged, made, sold, offered for sale, exposed for sale, or kept
for sale, in the State, and for this purpose shall have the right to enter
and inspect during business hours any pharmacy, or any other place in
the State of Virginia where medicines or drugs or drug products or *
proprietary medicines are manufactured, packed, packaged, made, sold,
offered for sale, exposed for sale, or kept for sale.

§ 54-420. Every person desiring to be registered as a pharmacist
shall file with the secretary-treasurer of the Board an application, duly
verified under oath, setting forth the name and age of the applicant, the
place or places at which, and the time spent in, the study of the science
and art of pharmacy.

Every applicant for original registration as a pharmacist shall pay
to the secretary-treasurer of the Board the sum of * thirty-five dollars.

§ 54-422. In order to be licensed and registered as a * pharmacist
within the meaning of this chapter, an applicant shall present to the Board
satisfactory evidence that he is at least twenty-one years of age; of good
moral character; that he is a graduate of a school of pharmacy approved
by the State Board of Pharmacy; that he is a citizen of the United States
of America, and that he has had not less than twelve months’ practical
experience in pharmacy in Virginia under the direct supervision of a *
pharmacist, provided that a person entitled to practice pharmacy in
Virginia under the provisions of § 54-424, and who has had twelve months’
practical experience in some other state in which he was registered as a
pharmacist, shall not be required to have twelve months’ experience in
Virginia before becoming eligible for license in this State.

§ 54-428.1. The Board of Pharmacy may issue a temporary or pro-
bationary certificate to applicants for license by reciprocity, for a period
of not less than one year, pending final approval of the candidate’s quali-
fications for registration in accordance with rules and regulations estab-
lished by the Board.

§ 54-424. The State Board of Pharmacy may issue licenses to practice
as pharmacists in this State, without examination, to such persons as have
been legally registered or licensed as pharmacists in other states, the Dis-
trict of Columbia and territories of the United States, provided that the
applicant for such license shall present satisfactory evidence of qualifica-
tions equal to those required from licentiates in this State, and that he was
registered or licensed by examination by the Board of Pharmacy in such
other state, District or territory, and that the standard of competence
required in such other state, District or territory, is not lower than that re-
quired in this State.

Applicants for license under this section shall, with their application,
forward to the secretary-treasurer of the Board the same fees as are re-
quired of other candidates for license.

§ 54-425.1. Every person desiring to act as a wholesaler or distributor
as defined in paragraph (10) of § 54-399 in this State shall apply to the
Board for a permit so to do; such permit, if granted, shall be renewed an-
nually. The fee for such permit, either original or renewal, shall be two
dollars payable January one of each year.

No person shall be granted a permit as a wholesaler or distributor
unless he is of good moral character and properly equipped as to land,
building and equipment to carry out the functions of a wholesaler or dis-
tributor with due regard to the protection of the public. The Board may
adopt such regulations as may be necessary to protect the public in the
storage, handling and distribution of the products handled by such whole-
saler or distributor and which products are subject to this chapter.

Application for such permit shall not be required of manufacturers
of drugs and medicines and cosmetics who are subject to § 54-447. Nor
shall it be required of wholesalers or distributors of medicated feeds,
ley aa! fungicides and rodenticides properly registered as provided

y law.
§ 54-426. The Board of Pharmacy shall not grant a license to any
applicant if satisfied that the safety of the public health will be endangered
by reasons of the habits or character of the applicant. If any person
shall have obtained a license by misrepresentation or fraud, or shall be-
come unfit or incompetent by reason of negligence, habits, unprofessional
conduct, or other cause, to practice as a pharmacist or assistant pharmacist,
the Board shall have power to revoke such license after giving such per-
son reasonable notice and an opportunity to be heard, and if any licensee
shall wilfully and repeatedly violate any of the provisions of law relating
to pharmacy or the rules and regulations established by the Board, the
Board shall revoke his license upon sufficient evidence of such violation,
which shall be in addition to any other punishment imposed by law for
such violation.

§ 54-426.1. Any pharmacist shall be considered guilty of unprofessional
conduct who (1) is found guilty of any crime involving grave moral turpi-
tude, or is guilty of fraud or deceit in obtaining a certificate of registration;
or (2) is an habitual drunkard or habitually addicted to the use of narco-
tics, opiates or dangerous drugs; or (8) issues, publishes, broadcasts by
radio or otherwise, or distributes or uses in any way whatsoever adver-
tising matter in which grossly improbable or extravagant statements are
made about his professional service which have a tendency to deceive or
defraud the public, contrary to the public health and welfare.

§ 54-431. Every person * licensed to practice as a * pharmacist or
registered assistant pharmacist * must at all times display his certificate
conspicuously in the place in which he regularly practices under such
certificate.

§ 54-432. The Board shall require and provide for the annual
registration of every pharmacy doing business in this State. The proprietor
of every such pharmacy shall apply to the Board for registration and it
shall be unlawful for the pharmacy to do business until so registered. The
fee for such registration, whether original or annual, shall be * fifteen
dollars, and upon payment thereof the Board shall issue a permit to the
applicant entitled to receive the same. No person who is morally or pro-
fessionally unfit in the opinion of the Board of Pharmacy shall be issued a
certificate to register a pharmacy.

§ 54-432.1. If any person shall have obtained a permit by misrepre-
sentation 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 in accordance with
Chapter 1.1 of Title 9 of the Code.

§ 54-432.2. Any person who may feel himself aggrieved at the
revocation of his permit may appeal from the action of the Board * as pro-
vided by Chapter 1.1 of Title 9 of the Code of Virginia.

§ 54-433. The Board shall also require and provide for the annual
registration of every * pharmacist and registered assistant pharmacist *
in the State, and charge and receive the sum of * ten dollars for each such
registration.

§ 54-484.1. * In towns having a population of one thousand or less
and in rural districts any physician regularly licensed under the laws
of Virginia shall be granted by the Board of Pharmacy * a certificate
of registration to practice pharmacy, unless, for good cause shown, the
applicant is proven to be morally or professionally unfit; such certificate
shall be renewed annually and the Board shall charge and receive the sum
of ten dollars for each renewal.

§ 54-484.2. Every person who is the holder of a certificate as a
registered assistant pharmacist, issued prior to March first, nineteen hun-
dred and thirty-five, shall be admitted to the registered pharmacist ex-
amination. After March first, nineteen hundred and thirty-five, the Board
shall not issue an original certificate to any person as a registered as-
sistant 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 and thirty-five, from continuing to
practice as a registered assistant pharmacist.

i 54-440. In this article the words “dangerous drugs” shall include:

1) Every drug or device which because of its toxicity or other
potentiality for harmful effect, or the method of its use, or the collateral
measures necessary to its use, is not generally recognized among experts,
qualified by scientific training and experience to evaluate its safety and
efficacy, as safe for use except by or under the supervision of a practitioner
licensed by law to prescribe or administer such drug or device.

(2) Every potentially harmful drug or preparation, the labeling of
which does not bear or contain full and adequate directions for safe self-
medication, with such drug or preparation.

(3) (a) Diethyl barbituric acid (barbital), by whatsoever trade name
or designation; or any compound, preparation, mixture or solution thereof ;
or any salt or derivative thereof or of barbituric acid possessing hypnotic
properties or effects; or any other compound, mixture or preparation or
derivative that may be used for producing hypnotic effects.

(b) Sulfanilamide (para-amino-benzene-sulfonamide), sulfathiazole,
sulfapyridine, sulfadiazine, sulfa guanidine and any sulfanilamide deriva-
tives by whatsoever trade name or designation, or any related compound,
preparation, mixture or salt thereof; or any salt or derivative thereof; or
any preparation or mixture containing any of them.

(c) Hormones, or hormone drug preparations, whether of natural
origin, prepared from the so-called glands of internal secretion or en-
docrine glands, or whether synthetically produced, by whatsoever trade
name or designation, or any compound or mixture thereof; except prepar-
ations intended for external use containing hormones in combination with
other ingredients unfit for internal administration.

(d) Amphetamine, desoxyephedrine, or compounds, mixtures and
derivatives thereof.

(e) The antibiotics penicillin, streptomycin, chloramphenicol, chlorte-
tracycline, oxytetracycline, and any other antibiotics not exempted by this
Chapter or by regulations of the Board of Pharmacy, or compounds, mix-
tures and derivatives thereof.

(4) * Any drug or drug preparation required by Federal law to bear
on its label the legend: “Caution: Federal Law Prohibits Dispensing with-
out Prescription.”

For purposes of this section, the word “derivative” shall be construed
to mean any article which is derived or prepared from any drug or prepa-
ration covered by this section, by any method including actual or theoretical
chemical reaction.

é 54-441. (1) No person other than a licensed pharmacist shall sell
or offer to sell any dangerous drug to consumers or have such drug in his
possession with intent to sell or give away to consumers.

(2) But drugs of the sulfonamide group, antibiotics in medicated
feeds and hormones or hormone drug preparations in medicated feeds,
manufactured for use in the control of * animal diseases and sold in the
original, unbroken packages of the manufacturer, plainly labelled to in-
dicate their veterinary nature, giving directions for their use and adequate
caution as to the dangerous character of such drugs, may be sold by per-
sons other than licensed pharmacists.

§ 54-441.1. No person shall sell, give away or dispense in any manner
to a consumer any biological product capable of producing a disease in an
animal that may be transmissible to man or other animals, including but
not limited to the following vaccines; rabies, hepatitis or fox encephalitis,
swine erysipalas, loptospirosis, equine encephalomyelitis, anthrax,
brucellosis, live hog cholera virus and ovine exthyma, except on the
prescription of a practitioner, lawfully practicing his profession, and li-
censed by law to prescribe or administer such biological products, but
nothing herein contained shall apply to vaccines used in the treatment of
canine distemper.

§ 54-447. No drugs, medicines, toilet preparations, dentifrices or
cosmetics, except soaps for which no curative or therapeutic claims are
made, shall be manufactured, made, produced, packed, packaged or pre-
pared within this State, except under the personal and immediate super-
vision of a registered pharmacist or such other person as may be approved
by the State Board of Pharmacy after an investigation and a determination
by the Board that they are qualified by scientific or technical training to
perform such duties or supervision as may be necessary to protect the
public health and safety, except that this provision shall not apply to
manufacturers to whom were granted permits prior to January first,
nineteen hundred and thirty-eight, nor to manufacturers or packers of
medicated feeds who manufacture or pack no other drugs and no cosmetics.
Medicated feeds are hereby defined as products obtained by mixing a
commercial feed and a drug.

§ 54-448. No person shall manufacture, make, produce, pack, package
or prepare any such preparations without first obtaining a permit so to do
from the Board. Such permits shall be subject to such rules and regula-
tions, with respect to sanitation and equipment, as the Board may from
time to time adopt for the protection of the public health and safety. This
provision shall not apply to manufacturers or packers of medicated feeds
who manufacture or package no other drugs and no cosmetics.

§ 54-452. The Board may revoke a permit for failure to comply with
its rules and regulations promulgated pursuant to the provisions of
§ 54-448 such revocation to be in accordance with Chapter 1.1 of the Code.

§ 54-463. 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.
___. (8) 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 efferves-
cent salts; provided, that under subdivision (b) of this paragraph rea-
sonable variations shall be permitted, and exemptions as to small packages
shall be established, by regulations prescribed by the Board, where com-
pliance with such provisions would be impracticable.

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

(6) If it * is not designated solely by a name recognized in an offictal
compendium unless its label bears (1) the common or usual name of the
drug, if such there be; and (2) in case it is fabricated from two or more
ingredients, the common or usual name of each active ingredient, including
the quantity, kind and proportion of any alcohol, and also including whether
active or not, the name and quantity or proportion of any acetanilid,
Acetphenetidin, Alpha eucaine, amidopyrine, antibiotics, antihistamines,
antipyrine, arsenic, atropine, barbituric acid, beta eucaine, bromal,
bromides, cannabis, carbromal, chloral hydrate, chloroform, coca (except
derivatives of coca leaves which do not contain cocaine, ecgonine, or sub-
stances from which cocaine or ecgonine * can be synthesized or made),
cocaine, codeine, * digitalis, digitalis glucosides, ephedrine, ether, hormones,
hyoscine, hyoscyamine, marihuana, mercury, morphine, opium, ouabain,
paraldehyde, peyote, salicylates, strophanthin, strychnine, sulphomethane,
* sulfonamides, thyroid, or any derivative or preparation of any such
substances, contained therein; provided, however that the provisions of this
paragraph shall not apply to a drug dispensed on the written order of a
member of the medical profession, * and further provided, that to the ex-
tent that compliance with the requirements of clause (2) of this paragraph
is impracticable, exemptions may be established by regulations promul-
gated by the Board of Pharmacy.

(7) When a drug is recognized in both the United States Pharma-
copoeia 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 Pharmacopoeia of the United States, and not to those of
the United States Pharmacopoeia, provided that the method of packing
and labeling may be modifield 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 another drug.

54-471. The examination of specimens of drugs shall be made under
the direction and supervision of the Board, for the purpose of determining
from such examinations whether such articles are adulterated or mis-
branded within the meaning of this article. If it shall appear from any
such examination that any of such specimens is adulterated or mis-
branded within the meaning of this article, the Board 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
ules and regulations as may be prescribed as aforesaid, and if it appears
that any of the provisions of this article have been violated by such
party, then the Board shall at once certify the facts to the Common-
wealth’s attorney of the city, or county wherein the offense occurred, with
a copy of the results of the analysis of the examination of such article
duly authenticated by the analyst or officer making such examination,
under the oath of such officer.

It shall be the duty of the State Department of Agriculture and Im-
migration to make such chemical analysis as may be necessary for carry-
ing out the provisions of this article. In all prosecutions arising under
this article 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; but, on motion of the accused or any party in in-
terest, the court may require the chemist making the analysis to appear as
a witness and be subject to cross examination, provided such motion is
reap 2 es a reasonable time prior to the day on which the case is set

or ;

§ 54-478. Any person, firm or corporation may own and conduct a
pharmacy as defined in § 54-399, but every such pharmacy shall be under
the personal supervision of a * pharmacist, except that during the
temporary absence of the * pharmacist, a registered assistant pharmacist
may act in place of the * pharmacist. Nothing in this section shall apply
to sales of homeopathic medicines by homeopathic pharmacists.

§ 54-479. The Board of Pharmacy may, in its discretion, issue per-
mits to such pharmacies as may be temporarily not under the supervision
of a * pharmacist to remain open for business for a period not to exceed ten
days, but such pharmacy may not during such period sell any poisons, nor
compound or dispense physicians’ prescriptions. Pharmacies desiring such
permit must make application to the Board, setting forth the circumstances
upon which their applications are based.

§ 54-480. Nothing in this chapter shall be construed to prohibit or
make unlawful the employment in pharmacies conducted under the personal
supervision of a * pharmacist, of other than * pharmacists and registered
assistant pharmacists for purposes other than the compounding and sale
of drugs, medicines and poisons, or the permitting such employees to make
sales of articles other than drugs, medicines and poisons, or of * proprietary
medicines and nonpoisonous drugs and medicines in original packages.

§ 54-484. It shall be unlawful for any person * to distribute, sell or *
offer for sale in this State or deliver for transportation or transport in
intrastate commerce or between points within this State through any point
outside this State any of the following articles unless there is affixed to
the container, and to the outside container or wrapper of the retail package,
if there be one, through which the required information on the immediate
container cannot be clearly read, a label bearing the name and address of
the manufacturer, distributor, or seller, the name under which said article
is sold, the word “Poison” prominently on a background of distinctly con-
trasting color, and a statement of at least one of the most readily obtainable
fective antidotes for the article:

(1) Arsenic and its * derivatives;
(2) *all mercuric salts;
(3) * Hydrocyanic acid and its derivatives; essential oil of bitter

(4) * Strychnine and its salts;
(5) Aconite, belladonna, cantharides, colchicum, conium, digitalis,
yyoscyamus, nux vomica, and their active principles and their* prepara-
ions ;

(6) Preparations of opium of a greater strength than camphorated
incture of opium of the United States Pharmacopoeia, carbolic acid
(phenol), chloral hydrate, chloroform, corrosive mineral acids in con-
centrated form, creosote, croton oil, oxalic acid and its derivatives;

(7) Cocaine, alpha and beta eucaine and their salts;

(8) The following substances:

(a) hydrochloric acid and any preparation containing free or
chemically unneutralized hydrochloric acid in a concentra-
tion of ten per centum or more;

(b) sulphuric acid in a concentration of ten per centum or more;

(c) nitric acid or any preparation containing free or chemically
unneutralized nitric acid in a concentration of five per centum
or more;

(ad) carbolic acid, otherwise known as phenol, and any prepara-
tion containing carbolic acid or phenol in a concentration of
five per centum or more;

(e) cresol or any preparation containing cresol in a concentra-
tion of five per centum or more;

(f) oxalic acid and any preparation containing free or chemically
unneutralized oxalic acid in a concentration of ten per
centum or more;

(g) any salt of oxalic acid and any preparation containing any
such salt in a concentration of ten per centum or more;

(h) acetic acid or any preparation containing free or chemically
unneutralized acetic acid in a concentration of twenty per
centum or more;

(i) hydrochlorous acid, either free or combined, and any prepara-
tion containing the same in a concentration so as to yield ten
per centum or more by weight of available chlorine, exclud-
ing calx chlorinta, bleaching powder, and chloride lime;

(j) potassium hydroxide and any preparation containing free or
chemically unneutralized potassium hydroxide, including
caustic potash and Vienna paste, in a concentration of ten
per centum or more;

(k) sodium hydroxide and any preparation containing free or
chemically unneutralized sodium hydroxide, including caustic
soda and lye, in a concentration of ten per centum or more;

(lL) silver nitrate, sometimes known as lunar caustic, and any
preparation containing silver nitrate in a concentration of
five per centum or more; and

(m) ammonia water and any preparation yielding free or chemic-
ally uncombined ammonia, including ammonium hydroxide
and “hartshorn”, in a concentration of five per centum or
more, and

(9) Any other pata as that word shall be defined by regulations to be
issued by the Board of Pharmacy.

It shall be unlawful for any person to sell or deliver any * arttcle
mentioned * above * in other than the manufacturers or distributors orig-
inal unbroken package labeled in accordance with the requirement of this
section to a person other than a licensed retailer or distributor unless
it be found upon due inquiry that * the person to whom it ts directly
sold or delivered is aware of its * dangerous nature. It shall also be unlaw-
ful to sell or deliver any * such * article to any person under sixteen years
of age, except upon the written order of some responsible adult.

Nothing contained in this section shall have application to standard
buffer solutions and similar solutions for use in clinical, research, teaching
and control laboratories.

§ 54-485. The provisions of the preceding section shall not apply to
the dispensing of * any of the substances enumerated therein 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 substances named in such 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 con-
tain more than an 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 such 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.

§ 54-486. * The State Board of Pharmacy shall enforce the provisions
of this article. Sale of any improperly labeled poison shall constitute a mis-
demeanor. Failure to determine that the person to whom it is directly sold
or delivered is aware of the dangerous nature of the article or sale to a
person under sixteen years of age without a written order shall constitute
a trliaailalal and be punished by a fine of not more than one hundred

ollars.

§ 54-499. Except as otherwise in this article specifically provided,
this article shall not apply to the following cases:

(1) Prescribing, administering, dispensing, or selling at retail of any
medicinal preparation that contains in one fluid ounce, or if a solid or semi-
solid preparation, in one avoirdupois ounce, (a) not more than two grains
of opium, (b) not more than one-quarter of a grain of morphine or of any
of its salts, (c) not more than one grain of codeine or one-sixth grain of
dihydrocodeinone or of any of their salts. *

(2) Prescribing, administering, dispensing, or selling at retail of
liniments, ointments, and other preparations, that are susceptible of ex-
ternal use only and that contain narcotic drugs in such combinations as
prevent their being readily extracted from such liniments, ointments, or
preparations, except that this article shall apply to all liniments, ointments,
and other preparations, that contain coca leaves in any quantity or
combination.

The exemptions authorized by this section shall be subject to the
following conditions:

(a) No person shall prescribe, administer, dispense, or sell at retail
under the exemptions of this section, to any one person, or for the use of
any one person or animal, any preparation or preparations included within

this section, when he knows, or can by reasonable diligence ascertain, that
such prescribing, administering, dispensing, or selling will provide the
person to whom or for whose use, or the owner of the animal for the use
of which such preparation is prescribed, administered, dispensed, or sold,
within any forty-eight consecutive hours, with more than four grains of
opium, or more than one-half grain of morphine or of any of its salts, or
more than five grains of codeine or two-thirds of a grain of dihydrocodei-
none or of any of their salts. *

(b) The medicinal preparation, or the liniment, ointment, or other
preparation susceptible of external use only, prescribed, administered, dis-
pensed, or sold, shall contain, in addition to the narcotic drug in it, some
jrug or drugs conferring upon it medicinal qualities other than those
,ossessed by the narcotic drug alone. Such preparation shall be prescribed,
1dministered, dispensed and sold in good faith as a medicine, and not for
he purpose of evading the provisions of this article.

Nothing in this section shall be construed to limit the kind and

juantity of any narcotic drug that may be prescribed. administered, dis-
pensed, or sold, to any person or for the use of any person or animal, when
it is prescribed, administered, dispensed, or sold, in compliance with the
general provisions of this article. .

No person other than a licensed pharmacist regularly employed in
a registered pharmacy shall sell or offer for sale to consumers any exempted
narcotic drug; provided, however, paregoric in original packages and such
other medicines as the Board of Pharmacy may designate may be sold by
merchants and retail dealers at their places of business in rural com-
munities and towns.

§ 54-524.1 Nothing in this chapter shall be construed to apply to
economic poisons used for the control of insects, animal pests, weeds,
fungus diseases or other substances sold for use in agricultural, horticul-
tural or related arts and sciences (provided such substances which are
poisons within the meaning of this chapter 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) nor to any
person, persons, corporations or associations engaged in the business of
selling, making, compounding or manufacturing industrial chemtcals for
distribution or sale at wholesale or for making, compounding or manu-
facturing other products therefrom.

2. §§ 54-400, 54-401, 54-402, 54-418, 54-425, 54-429, 54-430 and 54-434
through 54-439, and all amendments thereto, of the Code of Virginia, are
hereby repealed.