Title 21Food and DrugsRelease 119-73

§209 Poisons; book entry of sale; labels

Title 21 › Chapter CHAPTER 7— - PRACTICE OF PHARMACY AND SALE OF POISONS IN CONSULAR DISTRICTS IN CHINA › § 209

Last updated Apr 6, 2026|Official source

Summary

People and businesses who owe permanent allegiance to the United States must not sell or give many dangerous chemicals and plant poisons unless they follow strict rules. The rule covers many toxic metals (like arsenic, lead, mercury), strong acids and caustics, certain alcohols and solvents, and many poisonous plant-based drugs (for example belladonna, digitalis, ergot, cannabis indica, nux vomica) and their alkaloids. If the buyer is under eighteen, the seller must have a written order from an adult. Before selling, the seller must make sure the buyer knows the item is poisonous and will use it for a legal reason. Packages must be clearly labeled with the substance name, the word “Poison,” at least one suitable antidote when possible, and the seller’s name and address. Except for solution or water of ammonia and copper sulfate, the seller must write in a record book the item, amount, purpose, date, buyer’s name and address, and the name of the person who dispensed it, and keep that book for at least three years after the last entry. Orders from recognized doctors, dentists, or veterinarians are exempt. If a doctor asks “Poison” on a prescription, liquids go in a colored, rough “poison bottle” and dry items get a poison label. Manufacturers and wholesalers need not keep the retail record when selling at wholesale to licensed pharmacists, but wholesale packages must still be labeled. Certain items and small doses are exempt from labeling or record rules, and the word “Poison” must appear clearly in plain, uncondensed gothic letters in red ink.

Full Legal Text

Title 21, §209

Food and Drugs — Source: USLM XML via OLRC

It shall be unlawful for any person, firm, or corporation whose permanent allegiance is due to the United States to sell or deliver to any other person any of the following-described substances, or any poisonous compound, combination, or preparation thereof, to wit: The compounds of and salts of antimony, arsenic, barium, chromium, copper, gold, lead, mercury, silver, and zinc, the caustic hydrates of sodium and potassium, solution or water of ammonia, methyl alcohol, paregoric, the concentrated mineral acids, oxalic and hydrocyanic acids and their salts, yellow phosphorus, Paris green, carbolic acid, the essential oils of almonds, pennyroyal, tansy, rue, and savin; croton oil, creosote, chloroform, cantharides, or aconite, belladonna, bitter almonds, colchicum, cotton root, cocculus indicus, conium, cannabis indica, digitalis, ergot, hyoscyamus, ignatia, lobelia, nux vomica, physostigma, phytolacca, strophanthus, stramonium, veratrum viride, or any of the poisonous alkaloids or alkaloidal salts derived from the foregoing, or any other poisonous alkaloids or their salts, or any other virulent poison, except in the manner following, and, moreover, if the applicant be less than eighteen years of age, except upon the written order of a person known or believed to be an adult. It shall first be learned, by due inquiry, that the person to whom delivery is about to be made is aware of the poisonous character of the substance and that it is desired for a lawful purpose, and the box, bottle, or other package shall be plainly labeled with the name of the substance, the word “Poison”, the name of at least one suitable antidote, when practicable, and the name and address of the person, firm, or corporation dispensing the substance. And before delivery be made of any of the foregoing substances, excepting solution or water of ammonia and sulphate of copper, there shall be recorded in a book kept for that purpose the name of the article, the quantity delivered, the purpose for which it is to be used, the date of delivery, the name and address of the person for whom it is procured, and the name of the individual personally dispensing the same; and said book shall be preserved by the owner thereof for at least three years after the date of the last entry therein. The foregoing provisions shall not apply to articles dispensed upon the order of persons believed by the dispenser to be recognized and reputable practitioners of medicine, dentistry, or veterinary surgery. When a physician writes upon his prescription a request that it be marked or labeled “Poison” the pharmacist shall, in the case of liquids, place the same in a colored glass, roughened bottle, of the kind commonly known in trade as a “poison bottle”, and, in the case of dry substances, he shall place a poison label upon the container. The record of sale and delivery above mentioned shall not be required of manufacturers and wholesalers who shall sell any of the foregoing substances at wholesale to licensed pharmacists, but the box, bottle, or other package containing such substance, when sold at wholesale, shall be properly labeled with the name of the substance, the word “Poison,” and the name and address of the manufacturer or wholesaler. It shall not be necessary, in sales either at wholesale or at retail, to place a poison label upon, nor to record the delivery of, the sulphide of antimony, or the oxide or carbonate of zinc, or of colors ground in oil and intended for use as paints, or calomel; nor in the case of preparations containing any of the substances named in this section, when a single box, bottle, or other package, or when the bulk of one-half fluid ounce or the weight of one-half avoirdupois ounce does not contain more than an adult medicinal dose of such substance; nor in the case of liniments or ointments sold in good faith as such, when plainly labeled “For external use only”; nor, in the case of preparations put up and sold in the form of pills, tablets, or lozenges, containing any of the substances enumerated in this section and intended for internal use, when the dose recommended does not contain more than one-fourth of an adult medicinal dose of such substance. For the purpose of this and of every other section of this chapter no box, bottle, or other package shall be regarded as having been labeled “Poison” unless the word “Poison” appears conspicuously thereon, printed in plain, uncondensed gothic letters in red ink.

Reference

Citations & Metadata

Citation

21 U.S.C. § 209

Title 21Food and Drugs

Last Updated

Apr 6, 2026

Release point: 119-73