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§ 209. —  Poisons; book entry of sale; labels.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 21USC209]

 
                        TITLE 21--FOOD AND DRUGS
 
    CHAPTER 7--PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR 
                           DISTRICTS IN CHINA
 
Sec. 209. Poisons; book entry of sale; labels

    It shall be unlawful for any person, firm, or corporation whose 
permanent allegiance is due to the United States to sell or deliver to 
any other person any of the following-described substances, or any 
poisonous compound, combination, or preparation thereof, to wit: The 
compounds of and salts of antimony, arsenic, barium, chromium, copper, 
gold, lead, mercury, silver, and zinc, the caustic hydrates of sodium 
and potassium, solution or water of ammonia, methyl alcohol, paregoric, 
the concentrated mineral acids, oxalic and hydrocyanic acids and their 
salts, yellow phosphorus, Paris green, carbolic acid, the essential oils 
of almonds, pennyroyal, tansy, rue, and savin; croton oil, creosote, 
chloroform, cantharides, or aconite, belladonna, bitter almonds, 
colchicum, cotton root, cocculus indicus, conium, cannabis indica, 
digitalis, ergot, hyoscyamus, ignatia, lobelia, nux vomica, physostigma, 
phytolacca, strophanthus, stramonium, veratrum viride, or any of the 
poisonous alkaloids or alkaloidal salts derived from the foregoing, or 
any other poisonous alkaloids or their salts, or any other virulent 
poison, except in the manner following, and, moreover, if the applicant 
be less than eighteen years of age, except upon the written order of a 
person known or believed to be an adult.
    It shall first be learned, by due inquiry, that the person to whom 
delivery is about to be made is aware of the poisonous character of the 
substance and that it is desired for a lawful purpose, and the box, 
bottle, or other package shall be plainly labeled with the name of the 
substance, the word ``Poison'', the name of at least one suitable 
antidote, when practicable, and the name and address of the person, 
firm, or corporation dispensing the substance. And before delivery be 
made of any of the foregoing substances, excepting solution or water of 
ammonia and sulphate of copper, there shall be recorded in a book kept 
for that purpose the name of the article, the quantity delivered, the 
purpose for which it is to be used, the date of delivery, the name and 
address of the person for whom it is procured, and the name of the 
individual personally dispensing the same; and said book shall be 
preserved by the owner thereof for at least three years after the date 
of the last entry therein. The foregoing provisions shall not apply to 
articles dispensed upon the order of persons believed by the dispenser 
to be recognized and reputable practitioners of medicine, dentistry, or 
veterinary surgery. When a physician writes upon his prescription a 
request that it be marked or labeled ``Poison'' the pharmacist shall, in 
the case of liquids, place the same in a colored glass, roughened 
bottle, of the kind commonly known in trade as a ``poison bottle'', and, 
in the case of dry substances, he shall place a poison label upon the 
container. The record of sale and delivery above mentioned shall not be 
required of manufacturers and wholesalers who shall sell any of the 
foregoing substances at wholesale to licensed pharmacists, but the box, 
bottle, or other package containing such substance, when sold at 
wholesale, shall be properly labeled with the name of the substance, the 
word ``poison'', and the name and address of the manufacturer or 
wholesaler. It shall not be necessary, in sales either at wholesale or 
at retail, to place a poison label upon, nor to record the delivery of, 
the sulphide of antimony, or the oxide or carbonate of zinc, or of 
colors ground in oil and intended for use as paints, or calomel; nor in 
the case of preparations containing any of the substances named in this 
section, when a single box, bottle, or other package, or when the bulk 
of one-half fluid ounce or the weight of one-half avoirdupois ounce does 
not contain more than an adult medicinal dose of such substance; nor in 
the case of liniments or ointments sold in good faith as such, when 
plainly labeled ``For external use only''; nor, in the case of 
preparations put up and sold in the form of pills, 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.
    For the purpose of this and of every other section of this chapter 
no box, bottle, or other package shall be regarded as having been 
labeled ``Poison'' unless the word ``Poison'' appears conspicuously 
thereon, printed in plain, uncondensed gothic letters in red ink.

(Mar. 3, 1915, ch. 74, Sec. 7, 38 Stat. 820.)



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