*** THIS DOCUMENT IS CURRENT THROUGH THE 1998 SUPPLEMENT (1997 SESSIONS) ***
TITLE 63. PROFESSIONS AND OCCUPATIONS (STATE LICENSED)
CHAPTER 11. PHARMACISTS
§ 390-9 (1998)
[P.S.] § 390-9. Poisons
(a) Poison means and includes the compositions of the following schedules:
(1) Arsenic compounds and preparations.
(2) Cyanides and preparations including hydrocyanic acid.
Fluorides soluble in water and preparations.
(4) Mercury compounds and preparations, except preparations made and labeled
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.
(5) Phosphorous and preparations.
(6) Thallium compounds and preparations.
(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.
(8) Zinc phosphide and preparations.
(9) Sodium fluoroacetate and preparations.
(1) Antimony, barium, copper, lead, silver or zinc compounds soluble in water,
and preparations containing five per centum or more of these compounds.
(2) Bromine or iodine and preparations.
(3) Hypochlorous acid free or combined, and preparations that yield ten per
centum or more of available chlorine, excepting chloride of lime or bleaching
(4) Permanganates soluble in water and preparations containing five per centum
or more of these compounds.
Nitric acid and preparations containing five per centum or more of the free
(6) Hydrochloric, hydrobromic or sulfuric acids, and preparations containing
ten per centum or more of the free acids.
(7) Oxalic acid or oxalates, and preparations containing ten per centum or more
of these compounds.
Acetic acid, and preparations containing twenty per centum or more of the free
(9) Potassium or sodium hydroxides, and preparations containing ten per centum
or more of the free alkalies.
(10) Ammonia solutions or ammonium hydroxide, and preparations containing five
per centum or more of free ammonia.
(11) Chloroform or ether, and preparations containing five per centum or more of
these compounds, except preparations made and labeled for external use only.
(12) Methyl alcohol or formaldehyde, and preparations containing one per centum
or more of these compounds, except when used as a preservative and not sold to
(13) Phenol or carbolic acid, cresole or other phenol derivatives soluble in
water, and preparations containing five per centum or more of these compounds.
(14) Nitroglycerine and nitrites.
(15) Nicotine, and preparations containing nicotine expressed as alkaloid more
than two per centum.
Ergot, cotton root, pennyroyal and larkspur, or their contained or derived
active compounds or mixtures thereof.
(b) The board may add to, or delete from, any of the aforementioned schedules
when, in the opinion of the board, it is in the interest of the public health.
Notice of the adoption of rules pursuant to this section shall be given to the
public in such manner as the board
(c) The board shall adopt and maintain a schedule of the most suitable common
antidotes for the poisons listed in Schedules
"B", and shall distribute same to each person registered with it.
(d) No person shall sell, distribute or furnish, either directly or
indirectly, except on prescription, any poisons enumerated in Schedules
"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
"B", or any poison hereinafter
added to Schedule
"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.
(f) No poison enumerated in Schedule
"B", or poisons which may hereinafter be added to said schedules,
shall be sold, delivered or furnished to any person who is less than sixteen
years of age.
(g) No person shall sell, distribute or furnish any poisons included in
"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
(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.
(i) Any person violating any of the provisions of this section is guilty of a
misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine not
to exceed three hundred dollars ($ 300) or to undergo imprisonment for not more
than three months, or both.
(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, 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.
Last modified: 25 February 2005