such poisons printed or written thereupon in plain, legible characters, which schedules are as follows, to wit:

Schedule A. Arsenic, cyanide or potassium, hydrocyanic acid, cocaine, morphine, strychnia and all other poisonous vegetable alkaloids and their salts, oil of bitter almonds, containing hydrocyanic acid, opium and its preparations, except paregoric and such others as contain less than two grains of opium to the ounce. Schedule B. Aconite, belladonna, cantharides, colchicum, conium, cotton root, digitalis, ergot, hellebore, henbane, phytolacca, strophanthus, oil of tansy, veratrum viride and their pharmaceutical preparations, arsenical solutions, carbolic acid, chloral hydrate, chloroform, corrosive sublimate, creosote, croton oil, mineral acids, oxalic acid, paris green, salts of lead, salts of zinc, white hellebore or any drug, chemical or preparation which, according to standard works on medicine or materia medica, is liable to be destructive to adult human life in quantities of sixty grains or less, and such other poisons as the state board of pharmacy, under the authority given to it by the public health law, may from time to time add to either of said schedules. Every person who shall dispose of or sell at retail or furnish any poisons. included under schedule A shall, before delivering the same, make or cause to be made an entry in a book kept for that purpose, stating the date of sale, the name and address of the purchaser, the name and the quantity of the poison, the purpose for which it is represented by the purchaser to be required and the name of the dispenser, such book to be always open for inspection by the proper authorities, and to be preserved for at least five years after the last entry. He shall not deliver any of said poisons without satisfying himself that the purchaser is aware of its poisonous character and that the said poison is to be used for a legitimate purpose. The foregoing portions of this section shall not apply to the dispensing of medicines or poisons on physicians' prescriptions. Wholesale dealers in drugs, medicines, pharmaceutical preparations or chemicals shall affix or cause to be affixed to every bottle, box, parcel or outer enclosure of an original package containing any of the articles enumerated under said schedule A, a suitable label or brand in red ink with the word. "poison" upon it.

Any person who violates any of the provisions of this section shall be guilty of a misdemeanor.

Derivation: Penal Code, § 402, as amended L. 1905, ch. 442.

§ 1744. Penalty for violation of public health law.

Any person who violates any provision of article eleven of the public health law, for which no other penalty is imposed, is guilty of a misdemeanor.

Suffolk County v. Shaw (1897), 21 App Div. 146, 47 N. Y. Supp. 349; People v. Rontey (1889), 6 N. Y. Cr. 249, 21 N. Y. St. 175, 4 N. Y. Supp. 235, aff'd 117 N. Y. 624.

Derivation: Penal Code, § 404, addel L. 1905, ch. 442.

§ 1745. Regulations as to prescriptions of opium and morphine.

A person who, except on the written or verbal order of a physician, refills more than once perscriptions containing opium, morphine or preparations of either, in which the dose of opium exceeds one-fourth grain, or morphine one-twentieth grain, is guilty of a misdemeanor.

Derivation: Penal Code, § 405a, added L. 1893, ch. 692, and renumbered 405; L. 1905, ch. 442.

§ 1746. Sale of cocaine or eucaine.

It shall be unlawful for any person to sell, furnish or dispose of alkaloid cocaine or its salts, or alpha or beta eucaine or their salts or any admixture of cocaine or eucaine, except upon the written prescription of a duly registered physician, which prescription shall be retained by the person who dispenses the same, shall be filled but once and of which no copy shall be taken by any person; except, however, that such alkaloid cocaine or its salts, and alpha or beta eucaine or their salts may lawfully be sold at wholesale upon the written order of a licensed pharmacist or licensed druggist, duly registered practicing physician, licensed veterinarian or licensed dentist provided that the wholesale dealer shall affix or cause to be affixed to the bottle, box, vessel or package containing the article sold, and upon the outside wrapper of the package as originally put up, a label distinctly displaying the name and quantity of cocaine or its salts, alpha or beta eucaine or their salts, sold, and the word "poison" with the name and place of business of the seller, all printed in red ink; and provided also that the wholesale dealer shall before delivering any of the articles make or cause to be made in a book kept for the purpose an entry

of the sale thereof stating the date of sale, the quantity, name and form in which sold, the name and address of the purchaser, and the name of the person by whom the entry is made; and the said book shall be always open for inspection by the proper authorities and shall be preserved for at least five years after the date of the last entry made therein; and provided also that any manufacturer may sell to another manufacturer of the same article, or to a wholesale dealer in drugs, or, a wholesale dealer in drugs may sell to a manufacturer of the same article, or to another wholesale dealer in drugs, alkaloid cocaine or its salts or alpha or beta encaine or their salts or any admixture of cocaine or eucaine in the original package. Such package shall be labeled as herein provided and shall be securely sealed. Each manufacturer and each wholesale dealer in drugs shall, before the delivery or at the time of the receipt, as the case may be, of any such drug, enter or cause to be entered in a book to be kept by them respectively for that purpose a record of the purchase and sale of such drug stating the date of purchase and the name and address of the person from whom purchased; the date of sale and the name and address of the person to whom sold; the quantity, name and form in which sold and a description of the package or container in which sold and how sealed and there shall also be entered in such book at the place of such record a statement that such drug was sold or purchased, as the case may be, in the original package; that the seals thereon were undamaged and unbroken and the labels were attached thereto as herein provided and were not in any manner defaced or damaged, which statement shall be signed by the person selling such drug and the person purchasing such drug in the books herein required to be kept by them respectively. Any person who sells, furnishes or disposes of alkaloid cocaine or its salts, or alpha or beta eucaine or their salts or any admixture of cocaine or eucaine, upon the written prescription of a duly registered physician, as authorized by this section, shall, at the time of dispensing the same, give to the person to whom the same is sold or furnished a certificate stating the name and address of the person selling or furnishing such drug or mixture, the name and address of the physician upon whose prescription the same is sold or furnished, the date of sale and the amount sold; and the possession by any person, other than a licensed pharmacist, licensed druggist, duly registered practicing physician, licensed veterinarian, licensed dentist, or a wholesale dealer or manufacturer of such drug or mixture, of any such drug or mixture in any quantity whatever without such a certificate or more than ten days after the date of such a certificate, or the possession at any time by any person, other than above excepted, of a quantity of such drug or mixture in excess of the amount stated in such a certificate held by the person on whom such drug or mixture is discovered at the time of discovery, is presumptive evidence of an attempt to sell, furnish or dispose of the same in

provisions of this section shall be guilty of felony punishable by imprisonment of not more than one year or a fine of not more than one thousand dollars, or both. (Amended by L. 1910, ch. 131, in effect Apr. 21, 1910.)

Derivation: Penal Code, § 405a, added L. 1907, ch. 424. Amended by L. 1908, ch. 277.

§ 1747. Careless distribution of medicines, drugs and chemicals.

Any person, firm, or corporation, who distributes, or causes to be distributed, any free or trial samples of any medicine, drug, chemical or chemical compound, by leaving the same exposed upon the ground, sidewalk, porch, doorway, letter-boxes, or in any other manner, that children may become possessed of the same, shall be guilty of a misdemeanor punishable by a fine not exceeding twentyfive dollars for each offense, but this section shall not apply to the direct delivery of any such article to an adult.

Derivation: Penal Code, § 405b, added L. 1903, ch. 494.

§ 1748. Adulterated goods.

A person who:

1. With the intent that the same may be sold as unadulterated or undiluted, adulterates or dilutes wine, milk, distilled spirits or malt liquor, or any drug, medicine, food or drink, for man or beast; or,

2. Knowing that the same has been adulterated or diluted, offers for sale or sells the same as unadulterated or undiluted, or without disclosing or informing the purchaser that the same has been aduiterated or diluted, in a case where special provision has not been made by statute, for the punishment of the offense; or,

3. Sells or offers to sell, or stores or transports with intent to sell for any purpose other than cooling beer in casks, ice cut from any canal or from the wide waters or basins of any canal, unless the ice so sold, or offered for sale or stored or transported, is contained in a building, cart, car, sleigh, float or receptacle upon which is plainly marked in roman or capital letters, not less than eight inches square, the words, "canal ice;" or,

4. Who shall adulterate maple sugar, maple syrup or honey, with glucose, cane sugar or syrup, beet sugar or syrup, or any other substance for the purpose of sale, or who shall knowingly sell or offer for sale maple sugar, maple syrup or honey that has been adulterated in

any way; or,

5. Violates any provision of section three hundred and ninety of the general business law, relating to canned and preserved food, Is guilty of a misdemeanor.

Derivation: Penal Code, § 407, as amended L. 1889, ch. 141; L. 1892, ch. 634; subd. 5, added L. 1896, ch. 551.

People v. Cipperly (1885), 101 N. Y. 634, 4 N. Y. Cr. 69, rev'g 37 Hun, 324; People v. Schaffer (1886), 41 Hun, 23; People v. Kerin (1886), 39 Hun, 631; People v. Arensburg (1886), 103 N. Y. 388, 105 N. Y. 123, rev'g 40 Hun, 358, 4 N. Y. Cr. 401; People v. Mahaney (1886), 41 Hun, 26; People v. Kibler (1887), 106 N. Y. 321; People v. West (1887), 106 N. Y. 293, aff'g 44 Hun, 162; People v. Hill

(1887), 44 Hun, 472; People v. Gillson (1888), 109 N. Y. 403; People v. Harris (1890), 123 N. Y. 70; People v. Hodnett (1893), 68 Hun, 343, 22 N. Y. Supp. 809; People v. Girard (1895), 145 N. Y., 105, aff'g 73 Hun, 457, 26 N. Y. Supp. 272; People v. Fox (1896), 4 App. Div. 38, 38 N. Y. Supp. 635; People v. Kellina (1898), 13 N. Y. Cr. 134, 50 N. Y. Supp. 653; People v. Biesecker (1901), 169 N. Y. 53, 59, 88 Am. St. Rep. 534, aflg. 58 App. Div. 391, 68 N. Y. Supp. 1067; Crossman v. Lurman (1902), 171 N. Y. 329, aff'g 57 App. Div. 393, 68 N. Y. Supp. 311; People v. Windholz (1902), 68 App. Div. 552, 74 N. Y. Supp. 241; People v. Sheriff (1902), 78 App. Div. 46, 79 N. Y. Supp. 783; People v. Laesser (1903), 79 App. Div. 384, 79 N. Y. Supp. 470; see also People v. Bischoff, 14 N. Y. St. 581; People v. Eddy, 12 N. Y. Supp. 628; People v. Fulle, 12 Abb. N. C. 196, 1 N. Y. Cr. 172; People v. Meyer, 60 N. Y. Supp. 415; Com. v. Evans, 132 Mass. 11; Butler v. Chambers, 36 Minn. 69; State v. Addington, 77 Mo. 110; State v. Ah Crew, 76 Nev. 50, 40 Am. Rep. 488; State v. Marshall, 64 N. H. 549, 1 L. R. A. 51; State v. Smyth, 14 R. I. 100, 51 Am. Rep. 344; Com. v. Powell, 127 U. S. 678.

1749. Adulteration of natural fruit juices.

Any person who shall knowingly sell, offer or expose for sale, or give away, any compound or preparation composed, in whole or in part, of any unwholesome, deleterious or poisonous acid, or other unwholesome, deleterious or poisonous substance, as a substitute for the pure, unadulterated and unfermented juice of lemons, limes, oranges, currants, grapes, apples, peaches, plums, pears, berries, quinces, or other natural fruits, representing such compound or preparation to be the pure, unadulterated and unfermented juice of any of such fruits; or who, in the mixing, decoction, or preparation of food or drink, shall knowingly use any such compound or preparation in the place of, or as a substitute for, the pure, unadulterated and unfermented juice of one or more of such fruits, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not more than two hundred and fifty dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment.

Derivation: Penal Code, § 407a, added L. 1899, ch. 343.

1750. Disposing of tainted food.

A person who with intent that the same be used as food, drink, or medicine, sells, or offers or exposes for sale, any article whatever which, to his knowledge, is tainted or spoiled, or for any cause unfit to be used as such food, drink, or medicine, is guilty of a misdemeanor.

Derivation: Penal Code, § 408.