US (United States) Code. Title 21. Chapter 7: Practice of pharmacy and sale of poisons in Consular Districts

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Food and drugs. China

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  • País: Estados Unidos Estados Unidos
  • 16 páginas
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-CITE-

21 USC CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF

POISONS IN CONSULAR DISTRICTS IN CHINA 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR

DISTRICTS IN CHINA

.

-HEAD-

CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR

DISTRICTS IN CHINA

-MISC1-

Sec.

201. Doing business without a license unlawful; employment of

Chinese subjects.

202. Certain classes of persons and corporations excepted;

insecticides.

203. Application for license; requirements; qualifications for

license.

204. Issuance of license.

205. Display of license in pharmacy.

206. Revocation of license.

207. Restrictions on sales; written orders or prescriptions.

208. Certain preparations and sales excepted.

209. Poisons; book entry of sale; labels.

210. Pharmacist; unauthorized use of title.

211. Preservation of originals of prescriptions compounded and

copies thereof; inspection of prescriptions by consular officers;

marking containers of drugs.

212. Offenses; punishment; duty to enforce provisions.

213. Fraudulent representations to evade or defeat restrictions.

214. Previous laws unaffected.

215. ''Consul'' defined.

-CITE-

21 USC Sec. 201 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR

DISTRICTS IN CHINA

-HEAD-

Sec. 201. Doing business without a license unlawful; employment of

Chinese subjects

-STATUTE-

It shall be unlawful in the consular districts of the United

States in China for any person whose permanent allegiance is due to

the United States not licensed as a pharmacist within the meaning

of this chapter to conduct or manage any pharmacy, drug or chemical

store, apothecary shop, or other place of business for the

retailing, compounding, or dispensing of any drugs, chemicals, or

poisons, or for the compounding of physicians' prescriptions, or to

keep exposed for sale at retail, any drugs, chemicals, or poisons,

except as hereinafter provided, or, except as hereinafter provided,

for any person whose permanent allegiance is due to the United

States not licensed as a pharmacist within the meaning of this

chapter to compound, dispense, or sell, at retail, any drug,

chemical, poison, or pharmaceutical preparation upon the

prescription of a physician, or otherwise, or to compound

physicians' prescriptions, except as an aid to and under the proper

supervision of a pharmacist licensed under this chapter. And it

shall be unlawful for any person, firm, or corporation owing

permanent allegiance to the United States owning partly or wholly

or managing a pharmacy, drug store, or other place of business to

cause or permit any person other than a licensed pharmacist to

compound, dispense, or sell at retail any drug, medicine, or

poison, except as an aid to and under the proper supervision of a

licensed pharmacist. Where it is necessary for a person, firm, or

corporation whose permanent allegiance is due to the United States

and owning partly or wholly or managing a pharmacy, drug store, or

other place of business to employ Chinese subjects to compound,

dispense, or sell at retail any drug, medicine, or poison, such

person, firm, or corporation, owner, part owner, or manager of a

pharmacy, drug store, or other place of business may employ such

Chinese subjects when their character, ability, and age of

twenty-one years or over have been certified to by at least two

recognized and reputable practitioners of medicine, or two

pharmacists licensed under this chapter whose permanent allegiance

is due to the United States.

-SOURCE-

(Mar. 3, 1915, ch. 74, Sec. 1, 38 Stat. 817.)

-COD-

CODIFICATION

Section is comprised of part of section 1 of act Mar. 3, 1915.

Remainder of such section 1 is classified to section 202 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 202 of this title.

-CITE-

21 USC Sec. 202 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR

DISTRICTS IN CHINA

-HEAD-

Sec. 202. Certain classes of persons and corporations excepted;

insecticides

-STATUTE-

Nothing in section 201 of this title shall be construed to

interfere with any recognized and reputable practitioner of

medicine, dentistry, or veterinary surgery in the compounding of

his own prescriptions, or to prevent him from supplying to his

patients such medicines as he may deem proper, except as

hereinafter provided; nor with the exclusively wholesale business

of any person, firm, or corporation whose permanent allegiance is

due to the United States dealing and licensed as pharmacists, or

having in their employ at least one person who is so licensed,

except as hereinafter provided; nor with the sale by persons,

firms, or corporations whose permanent allegiance is due to the

United States other than pharmacists of poisonous substances sold

exclusively for use in the arts, or as insecticides, when such

substances are sold in unbroken packages bearing labels having

plainly printed upon them the name of the contents, the word

''Poison'', when practicable the name of at least one suitable

antidote, and the name and address of the vender.

-SOURCE-

(Mar. 3, 1915, ch. 74, Sec. 1, 38 Stat. 818.)

-COD-

CODIFICATION

Section is comprised of part of section 1 of act Mar. 3, 1915.

Remainder of such section 1 is classified to section 201 of this

title.

-CITE-

21 USC Sec. 203 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR

DISTRICTS IN CHINA

-HEAD-

Sec. 203. Application for license; requirements; qualifications for

license

-STATUTE-

Every person whose permanent allegiance is due to the United

States desiring to practice as a pharmacist in the consular

districts in China shall file with the consul an application, duly

verified under oath, setting forth the name and age of the

applicant, the place or places at which he pursued and the time

spent in the study of pharmacy, the experience which the applicant

has had in compounding physicians' prescriptions under the

direction of a licensed pharmacist, and the name and location of

the school or college of pharmacy, if any, of which he is a

graduate, and shall submit evidence sufficient to show to the

satisfaction of said consul that he is of good moral character and

not addicted to the use of alcoholic liquors or narcotic drugs so

as to render him unfit to practice pharmacy. Applicants shall be

not less than twenty-one years of age and shall have had at least

four years' experience in the practice of pharmacy or shall have

served three years under the instruction of a regularly licensed

pharmacist, and any applicant who has been graduated from a school

or college of pharmacy recognized by the proper board of his State,

Territory, District of Columbia, or other possession of the United

States as in good standing shall be entitled to practice upon

presentation of his diploma.

-SOURCE-

(Mar. 3, 1915, ch. 74, Sec. 2, 38 Stat. 818.)

-COD-

CODIFICATION

The words ''now practicing as a pharmacist or,'' which preceded

''desiring to practice'' in the original text of this section, were

omitted as obsolete.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 204 of this title.

-CITE-

21 USC Sec. 204 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR

DISTRICTS IN CHINA

-HEAD-

Sec. 204. Issuance of license

-STATUTE-

If the applicant for license as a pharmacist has complied with

the requirements of section 203 of this title, the consul shall

issue to him a license which shall entitle him to practice pharmacy

in the consular districts of the United States in China, subject to

the provisions of this chapter.

-SOURCE-

(Mar. 3, 1915, ch. 74, Sec. 3, 38 Stat. 819.)

-CITE-

21 USC Sec. 205 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR

DISTRICTS IN CHINA

-HEAD-

Sec. 205. Display of license in pharmacy

-STATUTE-

Every license to practice pharmacy shall be conspicuously

displayed by the person to whom the same has been issued in the

pharmacy, drug store, or place of business, if any, of which the

said person is the owner or part owner or manager.

-SOURCE-

(Mar. 3, 1915, ch. 74, Sec. 5, 38 Stat. 819.)

-CITE-

21 USC Sec. 206 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR

DISTRICTS IN CHINA

-HEAD-

Sec. 206. Revocation of license

-STATUTE-

The license of any person whose permanent allegiance is due to

the United States to practice pharmacy in the consular districts of

the United States in China may be revoked by the consul if such

person be found to have obtained such license by fraud, or be

addicted to the use of any narcotic or stimulant, or to be

suffering from physical or mental disease, in such manner and to

such extent as to render it expedient that in the interests of the

public his license be canceled; or to be of an immoral character;

or if such person be convicted in any court of competent

jurisdiction of any offense involving moral turpitude. It shall be

the duty of the consul to investigate any case in which it is

discovered by him or made to appear to his satisfaction that any

license issued under the provisions of this chapter is revocable

and shall, after full hearing, if in his judgment the facts warrant

it, revoke such license.

-SOURCE-

(Mar. 3, 1915, ch. 74, Sec. 4, 38 Stat. 819.)

-CITE-

21 USC Sec. 207 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR

DISTRICTS IN CHINA

-HEAD-

Sec. 207. Restrictions on sales; written orders or prescriptions

-STATUTE-

It shall be unlawful for any person, firm, or corporation whose

permanent allegiance is due to the United States, either personally

or by servant or agent or as the servant or agent of any other

person or of any firm or corporation, to sell, furnish, or give

away any cocaine, salts of cocaine, or preparation containing

cocaine or salts of cocaine, or morphine or preparation containing

morphine or salts of morphine, or any opium or preparation

containing opium, or any chloral hydrate or preparation containing

chloral hydrate, except upon the original written order or

prescription of a recognized and reputable practitioner of

medicine, dentistry, or veterinary medicine, which order or

prescription shall be dated and shall contain the name of the

person for whom prescribed, or, if ordered by a practitioner of

veterinary medicine, shall state the kind of animal for which

ordered and shall be signed by the person giving the order or

prescription. Such order or prescription shall be, for a period of

three years, retained on file by the person, firm, or corporation

who compounds or dispenses the article ordered or prescribed, and

it shall not be compounded or dispensed after the first time except

upon the written order of the original prescriber.

-SOURCE-

(Mar. 3, 1915, ch. 74, Sec. 6, 38 Stat. 819.)

-COD-

CODIFICATION

Section is comprised of part of section 6 of act Mar. 3, 1915.

Remainder of such section 6 is classified to section 208 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 208, 211 of this title.

-CITE-

21 USC Sec. 208 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR

DISTRICTS IN CHINA

-HEAD-

Sec. 208. Certain preparations and sales excepted

-STATUTE-

The provisions of section 207 of this title shall not apply to

preparations containing not more than two grains of opium or not

more than one-quarter grain of morphine, or not more than

one-quarter grain of cocaine, or not more than two grains of

chloral hydrate in the fluid ounce, or, of a solid preparation, in

one avoirdupois ounce, nor shall they apply to preparations sold in

good faith for diarrhea and cholera, each bottle or package of

which is accompanied by specific directions for use and caution

against habitual use, nor to liniments or ointments sold in good

faith as such when plainly labeled ''for external use only'', nor

to powder of ipecac and opium, commonly known as Dover's powder,

when sold in quantities not exceeding twenty grains. The

provisions of this section or section 207 of this title shall not

be construed to permit the selling, furnishing, giving away, or

prescribing for the use of any habitual users of the same any

cocaine, salts of cocaine, or preparation containing cocaine or

salts of cocaine, or morphine or salts of morphine, or preparations

containing morphine or salts of morphine, or any opium or

preparation containing opium, or any chloral hydrate or preparation

containing chloral hydrate. But the preceding sentence shall not

be construed to prevent any recognized or reputable practitioner of

medicine whose permanent allegiance is due to the United States

from furnishing in good faith for the use of any habitual user of

narcotic drugs who is under his professional care such substances

as he may deem necessary for their treatment, when such

prescriptions are not given or substances furnished for the purpose

of evading the provisions of this section. But the provisions of

this section or section 207 of this title shall not apply to sales

at wholesale between jobbers, manufacturers, and retail druggists,

hospitals, and scientific or public institutions.

-SOURCE-

(Mar. 3, 1915, ch. 74, Sec. 6, 38 Stat. 819.)

-COD-

CODIFICATION

Section is comprised of section 6 of act Mar. 3, 1915. Remainder

of such section 6 is classified to section 207 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 211 of this title.

-CITE-

21 USC Sec. 209 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR

DISTRICTS IN CHINA

-HEAD-

Sec. 209. Poisons; book entry of sale; labels

-STATUTE-

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.

-SOURCE-

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

-CITE-

21 USC Sec. 210 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR

DISTRICTS IN CHINA

-HEAD-

Sec. 210. Pharmacist; unauthorized use of title

-STATUTE-

It shall be unlawful for any person whose permanent allegiance is

due to the United States, not legally licensed as a pharmacist, to

take, use, or exhibit the title of pharmacist, or licensed or

registered pharmacist, or the title of druggist or apothecary, or

any other title or description of like import.

-SOURCE-

(Mar. 3, 1915, ch. 74, Sec. 10, 38 Stat. 821.)

-CITE-

21 USC Sec. 211 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR

DISTRICTS IN CHINA

-HEAD-

Sec. 211. Preservation of originals of prescriptions compounded and

copies thereof; inspection of prescriptions by consular

officers; marking containers of drugs

-STATUTE-

Every person, firm, or corporation whose permanent allegiance is

due to the United States owning, partly owning, or managing a drug

store or pharmacy shall keep in his place of business a suitable

book or file, in which shall be preserved for a period of not less

than three years the original of every prescription compounded or

dispensed at such store or pharmacy, or a copy of such

prescription, except when the preservation of the original is

required by section 207 or 208 of this title. Upon request the

owner, part owner, or manager of such store shall furnish to the

prescribing physician, or to the person for whom such prescription

was compounded or dispensed, a true and correct copy thereof. Any

prescription required by section 207 or 208 of this title, and any

prescription for, or register of sales of, substances mentioned in

such sections shall at all times be open to inspection by duly

authorized consular officers in the consular districts of the

United States in China. No person, firm, or corporation whose

permanent allegiance is due to the United States shall, in a

consular district, compound or dispense any drug or drugs or

deliver the same to any other person without marking on the

container thereof the name of the drug or drugs contained therein

and directions for using the same.

-SOURCE-

(Mar. 3, 1915, ch. 74, Sec. 9, 38 Stat. 821.)

-CITE-

21 USC Sec. 212 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR

DISTRICTS IN CHINA

-HEAD-

Sec. 212. Offenses; punishment; duty to enforce provisions

-STATUTE-

Any person, firm, or corporation, whose permanent allegiance is

due to the United States, violating any of the provisions of this

chapter shall be deemed guilty of a misdemeanor and, upon

conviction thereof, shall be punished by a fine of not less than

$50 and not more than $100 or by imprisonment for not less than one

month and not more than sixty days, or by both such fine and

imprisonment, in the discretion of the court, and if the offense be

continuing in its character, each week or part of a week during

which it continues shall constitute a separate and distinct

offense. And it shall be the duty of the consular and judicial

officers of the United States in China to enforce the provisions of

this chapter.

-SOURCE-

(Mar. 3, 1915, ch. 74, Sec. 11, 38 Stat. 821.)

-CITE-

21 USC Sec. 213 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR

DISTRICTS IN CHINA

-HEAD-

Sec. 213. Fraudulent representations to evade or defeat

restrictions

-STATUTE-

No person, firm, or corporation whose permanent allegiance is due

to the United States seeking to procure in the consular districts

of the United States in China any substance the sale of which is

regulated by the provisions of this chapter shall make any

fraudulent representations so as to evade or defeat the

restrictions herein imposed.

-SOURCE-

(Mar. 3, 1915, ch. 74, Sec. 8, 38 Stat. 821.)

-CITE-

21 USC Sec. 214 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR

DISTRICTS IN CHINA

-HEAD-

Sec. 214. Previous laws unaffected

-STATUTE-

Nothing in this chapter shall be construed as modifying or

revoking any of the provisions of sections 191 to 193 (FOOTNOTE 1)

of this title.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Mar. 3, 1915, ch. 74, Sec. 13, 38 Stat. 822.)

-REFTEXT-

REFERENCES IN TEXT

Sections 191 to 193 of this title, referred to in text, were

repealed by Pub. L. 91-513, title III, Sec. 1101(a)(1), Oct. 27,

1970, 84 Stat. 1291. See section 801 et seq. of this title.

-CITE-

21 USC Sec. 215 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 7 - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR

DISTRICTS IN CHINA

-HEAD-

Sec. 215. ''Consul'' defined

-STATUTE-

The word ''consul'' as used in this chapter shall mean the

consular officer in charge of the district concerned.

-SOURCE-

(Mar. 3, 1915, ch. 74, Sec. 12, 38 Stat. 822.)

-CITE-