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21 U.S.C. § 201Doing business without a license unlawful; employment of Chinese subjects

submitted 111 years ago by ch. 74 to r/title-21-FOOD-AND-DRUGS · 349 words · no verdicts yet

in plain englishAI-generated · not legal advice

This old law required a pharmacist's license to sell drugs in U.S. consular districts in China. Unlicensed people could not run pharmacies or fill prescriptions there. Businesses could only let unlicensed staff, including Chinese employees who met certain requirements, help under a licensed pharmacist's supervision.

This section applied to U.S. consular districts in China. It made it illegal for a person owing permanent allegiance to the United States, who was not a licensed pharmacist, to run or manage a pharmacy, drug store, chemical store, or apothecary shop. This covered any place that retailed, compounded, or dispensed drugs, chemicals, or poisons, or filled doctors' prescriptions. It was also illegal for such an unlicensed person to keep drugs, chemicals, or poisons out for sale, or to compound, dispense, or sell a drug, chemical, poison, or medicine on a doctor's prescription or otherwise — unless they were helping a licensed pharmacist and working under that pharmacist's proper supervision. It was also illegal for any person, company, or corporation owing allegiance to the United States that owned or managed a pharmacy or drug store to let anyone besides a licensed pharmacist compound, dispense, or sell any drug, medicine, or poison — again, unless that person was helping a licensed pharmacist under proper supervision. If such a business needed to hire Chinese workers to compound, dispense, or sell drugs, medicine, or poison, it could do so — but only if at least two recognized, reputable doctors, or two pharmacists licensed under this chapter who owed allegiance to the United States, certified the worker's character, ability, and that the worker was at least 21 years old.
the actual law source: uscode.house.gov ↗public domain

It shall be unlawful in the consular districts of the United States in China for any person whose permanent allegiance is due to the United States not licensed as a pharmacist within the meaning of this chapter to conduct or manage any pharmacy, drug or chemical store, apothecary shop, or other place of business for the retailing, compounding, or dispensing of any drugs, chemicals, or poisons, or for the compounding of physicians’ prescriptions, or to keep exposed for sale at retail, any drugs, chemicals, or poisons, except as hereinafter provided, or, except as hereinafter provided, for any person whose permanent allegiance is due to the United States not licensed as a pharmacist within the meaning of this chapter to compound, dispense, or sell, at retail, any drug, chemical, poison, or pharmaceutical preparation upon the prescription of a physician, or otherwise, or to compound physicians’ prescriptions, except as an aid to and under the proper supervision of a pharmacist licensed under this chapter. And it shall be unlawful for any person, firm, or corporation owing permanent allegiance to the United States owning partly or wholly or managing a pharmacy, drug store, or other place of business to cause or permit any person other than a licensed pharmacist to compound, dispense, or sell at retail any drug, medicine, or poison, except as an aid to and under the proper supervision of a licensed pharmacist. Where it is necessary for a person, firm, or corporation whose permanent allegiance is due to the United States and owning partly or wholly or managing a pharmacy, drug store, or other place of business to employ Chinese subjects to compound, dispense, or sell at retail any drug, medicine, or poison, such person, firm, or corporation, owner, part owner, or manager of a pharmacy, drug store, or other place of business may employ such Chinese subjects when their character, ability, and age of twenty-one years or over have been certified to by at least two recognized and reputable practitioners of medicine, or two pharmacists licensed under this chapter whose permanent allegiance is due to the United States.

Source credit: (Mar. 3, 1915, ch. 74, § 1, 38 Stat. 817.)

history & why it existsrecord from the source credit
  • 1915Enacted · Act of Mar. 3, 1915, ch. 74 · 38 Stat. 817

A history note hasn’t been published yet. The record shows enactment by ch. 74 on 1915-03-03.

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