Board of Pharmacy v. Braunstein
Board of Pharmacy v. Braunstein
Opinion of the Court
Counsel for the appellant in. this case has tersely stated in his brief that there is but one question to be submitted to the'court: Is the title of the act entitled “An act to regulate the practice of pharmacy in this state,” broad enough to include as a violation of the provisions of the body- of the act a single sale of tincture of iodine by a grocer who is not a registered pharmacist? Judgment was rendered by tlie First District Court of Newark against the defendant and in favor of the board of pharmacy for $100, being the penalty provided by section 2 of the act in question. To this ruling an exception was taken, and it is here for review in this court.
The precise point raised by the defendant is that the title of the act; being one to regulate the practice of pharmacy in this state, is not sufficiently broad to cover an individual sale by one who is not a registered pharmacist or registered assistant operating under the immediate supervision of a registered pharmacist. In examining this question it is necessary to consider the legislative purpose in the legislation referred to. That purpose was manifestly to protect the
The question is, after all, whether the public is fairly apprised by the title of an act that the thing done may be reasonably supposed to he within the body of the law. Certainly anyone reading the title of “An act to regulate the practice of pharmacy,” meaning the sale of drugs, would instinctively reflect that he should examine it before attempting to make a sale or sales of drugs, individual or collective. The title Is notice to the world that the sale of drugs is under regulation, and in the law itself are found the terms and conditions under which such sales may be made, and the terms and conditions under which forbidden. As stated by Mr. Justice Garrison in Moore v. Burdell. 62 N. J. L. 163, “the title of an act is a label, not an index,”
We think the court below properly decided against the defendant on his contention and the judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.