§ 390-9. Poisons
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)
63 P.S. § 390-9
§ 390-9. Poisons
(4) Mercury compounds and preparations, except preparations made and labeled for external use only and containing not more than five-tenths per centum total mercury and except ointments or soaps containing not more than two per centum total mercury or not more than ten per centum ammonium mercuric chloride or mercuric oxide.
(7) Aconite, belladonna, cantharides, cocculus, conium, digitalis, gelsemium, hysocyamus, nux vomica, santonica, stramonium, strophanthus, veratrum, or their contained or derived active compounds and preparations, except preparations made and labeled for external use only, and except preparations containing not more than four-thousandths per centum total belladonna alkaloids, or not more than two-hundredths per centum total nux vomica alkaloids, and except preparations in dosage forms each containing not more than two-tenths milligram total belladonna alkaloids, or not more than one milligram total nux vomica alkaloids.
(d) No person shall sell, distribute or furnish, either directly or indirectly, except on prescription, any poisons enumerated in Schedules “A” and “B” (or those poisons which may subsequently be added to said schedules by the board) unless there is affixed a poison label to the package, box, bottle or paper, in which the poison is contained. The word “poison” shall be distinctly shown on said label, together with the name of said place of business of the seller, all of which shall be printed in red ink. In addition the name of such poison shall be printed or written thereupon in clear print.
(e) No person shall sell, distribute or furnish any poison named in Schedule “A” or “B”, or any poison hereinafter added to Schedule “A” or “B” by the board, unless on inquiry it is found that the person desiring it is aware of its poisonous character and it satisfactorily appears that the poison is to be used for a legitimate purpose.
(g) No person shall sell, distribute or furnish any poisons included in Schedule “A”, or the additions thereto, without making or causing to be made at the time of selling an entry in a poison book kept solely for that purpose, stating the date of sale, the name, address and signature of the purchaser, the name and quantity of the poison sold, the statement of the purchaser of the purpose for which it is required, and the name of the dispenser who shall be a registered pharmacist. The provisions of this paragraph do not apply to the dispensing of drugs or poisons by registered pharmacists pursuant to prescriptions.
(h) Drug manufacturers and wholesalers are exempt from subsections (d), (e), (f) and (g), when said poisons are sold, distributed or furnished to drug manufacturers, wholesalers, hospitals, duly licensed pharmacists or medical practitioners. Pharmacists are exempt from subsection (g) when said poisons are sold to duly licensed pharmacists or medical practitioners.
(j) The provisions of this section shall not apply with respect to any poisons regulated and controlled by the Secretary of Agriculture pursuant to the Pennsylvania Pesticide Act of 1957,1 nor with respect to any poisons present in commercial feeds as defined and regulated by the Commercial Feeds Act of 1956, May 29, P.L. (1955) 1788.2
Credits
1961, Sept. 27, P.L. 1700, § 9.
Footnotes
3 P.S. § 111.1 et seq. (repealed); see now, 3 P.S. § 111.21 et seq.
3 P.S. § 57.1 et seq. (repealed); see now 3 P.S. § 5101 et seq.
63 P.S. § 390-9, PA ST 63 P.S. § 390-9
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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