Page:1862-63 Territory of Dakota Session Laws.pdf/92

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CRIMINAL CODE.
83

CHAPTER 11.

OFFENSES AGAINST THE PUBLIC HEALTH.

Penalty for selling unwholesome provisions, &c. Section 1. If any person shall knowingly sell any kind of diseased, corrupted, or unwholesome provisions, whether for meat or drink, without making the same fully known to the buyer, he shall be punished by imprisonment in the county jail, not more than six months, or by fine not exceeding five hundred dollars.

Penalty for adulterating food, liquors, &c. Sec. 2. If any person shall fraudulently adulterate, for the purpose of sale, any substance intended for food, or any wine, spirits, malt liquor, or other liquor intended for drinking, with any substance injurious to health, he shall be punished by imprisonment in the county jail, not more than one year, or by fine not exceeding two hundred dollars, and the articles so adulterated, shall be forfeited and destroyed.

Penalty for adulterating drugs and medicines. Sec. 3. If any person shall fraudulently adulterate, for the purpose of sale, any drug or medicine, or sell any drug or medicine knowing it to be adulterated, or offer the same for sale, he shall be punished by imprisonment in the county jail, not more than one year, or by fine not exceeding three hundred dollars, and such adulterated drugs and medicines shall be forfeited and destroyed by order of the court.

For inoculating with small pox. Sec. 4. If any person shall inoculate himself, or any other person, or shall suffer himself to be inoculated with the small pox, within this territory, with intent to cause the prevalence or spread of this infectious disease, he shall be punished by imprisonment in the territorial prison, not more than three years, nor less than one year.

Physician prescribing when intoxicated.Sec. 5. If any physician or other person, while in a state of intoxication, shall prescribe any poison, drug, or medicine, to another person, he shall be punished by imprisonment in the county jail, not more than one year, or by fine not exceeding five hundred dollars.

Apothecary selling arsenic without labeling. Sec. 6. Every apothecary, druggist, or other person who shall sell and deliver any arsenic, corrosive sublimate, prussic acid, or any other active poison, without having the word "poison