sion, whenever it deems necessary, may suspend a license for not to exceed thirty days without hearing. [1924; last amended 1943.]

Sec. 543.36. Penalties.

Every person who violates or fails to comply with any of the provisions of this chapter [Secs. 543.1543.38] or to comply with any lawfully authorized order, direction, demand, or rule or regulation of the commission shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail for a period of not to exceed thirty days or by both such fine and imprisonment. [1924; last amended 1943.]

Laws 1949, Ch. 90—“Iowa Drug and Cosmetic Act." Sec. 2. Definitions.

For the purpose of this Act [Secs. 1-20]

1. The term "board" means the board of pharmacy examiners

3. The term "drug" means (1) articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (2) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man; and (3) articles (other than food) intended to affect the structure or any function of the body of man; and (4) articles intended for use as a component of any articles specified in clause (1), (2), or (3); but does not include devices or their components, parts, or accessories.

5. The term "cosmetic" means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles, except that such term shall not include soap.

7. The term "label" means a display of written, printed or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this Act that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper.

8. The term "immediate container" does not include package liners.

9. The term "labeling" means all labels and other written, printed, or graphic matter (1) upon an

article or any of its containers or wrappers, or (2) accompanying such article.

15. The provisions of this Act regarding the selling of drugs, devices, or cosmetics, shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such articles in the conduct of any drug, or cosmetic establishment.

16. The term "federal Act" means the Federal Food, Drug and Cosmetic Act (Title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.) [1949]

Sec. 3. Prohibited acts.

The following acts and the causing thereof within the State of Iowa are hereby prohibited:

1. The manufacture, sale, or delivery, holding or offering for sale of any drug, device, or cosmetic that is adulterated or misbranded.

2. The adulteration or misbranding of any drug, device, or cosmetic.

3. The receipt in commerce of any drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.

5. The dissemination of any false advertisement. 6. The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by section sixteen.

7. The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the State of Iowa from whom he received in good faith the drug, device, or cosmetic.

8. The removal or disposal of a detained or embargoed article in violation of section six.

9. The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of or the doing of any other act with respect to a drug, device, or cosmetic, if such act is done while such article is held for sale and results in such article being misbranded. [1949]

Sec. 4. Injunctions.

In addition to the remedies hereinafter provided the board is hereby authorized to apply to the court for, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provisions of this Act [Secs. 1-20]; irrespective of whether or not there exists an adequate remedy at law. [1949]

Sec. 5. Penalty for violations; guaranty protection.

1. Any person who violates any of the provisions of this Act [Secs. 1-20] shall be guilty of a misde

Laws 1949, Ch. 90-"Iowa Drug and Cosmetic Act" -Continued.

meanor and shall on conviction thereof be subject to imprisonment for not more than six months in the county jail or a fine of not more than five hundred dollars, or both such imprisonment and fine; but if the violation is committed after a conviction of such person under this section has become final, such person shall be subject to imprisonment for not more than one year in the county jail, or a fine of not more than one thousand dollars, or both such imprisonment and fine.

2. No person shall be subject to the penalties of subsection one of this section, for having violated provisions of this Act if he establishes a guaranty or undertaking signed by, and containing the name and address of the person residing in the State of Iowa from whom he received in good faith the article, to the effect that such article is not adulterated or misbranded with the meaning of this Act, designating this Act. [1949]

Sec. 6. Embargo.

1. Whenever a duly authorized agent of the board finds or has probable cause to believe, that any drug, device, or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this Act [Secs. 1-20], he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being adulterated or misbranded and has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission. [1949]

Sec. 10. Drugs: When deemed misbranded.

A drug or device shall be deemed to be misbranded

1. If its labeling is false or misleading in any particular.

2. If in package form unless it bears a label containing (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the board.

3. If any word, statement, or other information required by or under authority of this Act [Secs. 1-20] to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or devices, in the labeling) and in such terms

as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

9. (1) If it is a drug and its container is so made, formed, or filled as to be misleading; [1949]

Sec. 13. Cosmetics: When deemed misbranded.

A cosmetic shall be deemed to be misbranded1. If its labeling is false or misleading in any particular.

2. If in package form unless it bears a label containing (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the board.

3. If any word, statement or other information required by or under authority of this Act [Secs. 1-20], to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

4. If its container is so made, formed, or filled as to be misleading. [1949]

Sec. 15. Regulations for enforcement.

1. The authority to promulgate regulations for the efficient enforcement of this Act [Secs. 1-20] is hereby vested in the board. The board is hereby authorized to make the regulations promulgated under this Act conform, insofar as practicable, with those promulgated under the federal Act. [1949]

Sec. 16. Right of entry.

The board or its duly authorized agent shall have free access at all reasonable hours to any factory, warehouse, or establishment, in which drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce, or to enter any vehicle being used to transport or hold such drugs, devices, or cosmetics in commerce, for the purpose:

(1) of inspecting such factory, warehouse, establishment, or vehicle to determine if any of the provisions of this Act [Secs. 1-20] are being violated; [1949]

Sec. 19. Exemption.

The provisions of this act [Secs. 1-20] shall not apply to any person, firm or corporation subject to the federal food, drug and cosmetics act. [1949]

Laws 1949, Ch. 91-"Iowa Anti-Freeze Act."

Sec. 1. Definition.

As used in this act [Secs. 1-13], unless the context or subject matter otherwise requires: (1) "Anti-freeze" shall include all substances and preparations intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal combustion engines to prevent freezing of the cooling liquid or to lower its freezing point; [1949]

Sec. 3. When deemed misbranded.

An anti-freeze shall be deemed to be misbranded; 1; If its labeling is false or misleading in any particular: or (2) if in package form it does not bear a label containing *

an accurate state

ment of the quantity of the contents in terms of weight or measure on the outside of the package. [1949]

Sec. 5. Enforcement.

The Department of Agriculture shall enforce the provisions of this act [Secs. 1-13] *. [1949] Sec. 11. Penalty.

If any person, partnership, corporation, or association shall violate the provisions of this act [Secs. 1-13], such person, partnership, corporation or association shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished according to the general provisions of title ten1 10), Code 1946, and the department may after due hearing cancel registration. [1949]

See Sec. 189.19, page 340.

Code 1946, Vol. II, Title XXXV, Ch. 713-Frauds and other Cheats.

Sec. 713.16. Alteration of official marks; penalty.

If any person falsely alter any stamp, brand, or mark on any cask, package, box, or bale containing merchandise or produce, made by a public officer, appointed for that purpose, in order to denote the quality, weight, or quantity of the contents thereof, with intent to defraud, he shall be fined not more than five hundred dollars and imprisoned in the county jail not exceeding one year. [1851]

Sec. 713.17. False marking; penalty.

If any person counterfeit any mark, stamp, or brand of another, or falsely mark any cask, package, box, or bale as to quality or quantity, with intent to defraud, he shall be fined not exceeding two Tindred dollars, or be imprisoned in the county all not more than six months, or both. [1851]

Sec. 713.21. Fraudulently using marked container.

stamped by another, for the sale of merchandise or produce of an inferior quality or less in quantity or weight than is denoted by such mark, stamp, or brand, he shall be imprisoned in the county jail not more than one year, or fined not exceeding two hundred dollars, or both. [1851]

Sec. 713.22. Binder twine: Marking requirements.

No binder twine shall be sold, exposed, or offered for sale within this state, except the same bears upon each ball a stamp or label truly stating the name of the manufacturer or importer and the number of feet to the pound in such ball; provided that a deficiency not exceeding five per cent in length stated on the stamp or label shall not be a violation hereof. [1913]

Sec. 713.23. Same: Penalty.

Any person, firm, or corporation who violates the provisions of section 713.22 shall be guilty of a misdemeanor and shall be punished by a fine not exceeding one hundred dollars. [1913]

Sec. 713.24. False advertising; penalty.

Any person, firm, corporation, or association who, with intent to sell, or in anywise dispose of merchandise, securities, service, or anything offered by such person, firm, corporation, or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or any interest therein, makes, publishes, disseminates, circulates, or places before the public, or causes to be made, published, disseminated, circulated, or placed before the public in this state, either directly or indirectly, in a newspaper or other publication or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public, which advertisement contains any assertion, representation, or statement of fact relating to said merchandise, securities, or service offered for sale, or relating to the sale thereof, which is untrue, deceptive, or misleading, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than ten dollars or not more than one hundred dollars, or thirty days in jail for each offense. [1913]

Sec. 713.25. Same: Exceptions.

The provisions of section 713.24 shall not apply to any owner, publisher, printer, agent, or employee of a newspaper or other publication, periodical, or circular who, in good faith and without knowledge of the falsity or deceptive character thereof, publishes, causes to be published, or takes part in the publication of such advertisement. [1913]