16-1-202. Preparations not subject to code. (1) Subject to the provisions of this section, nothing in this code shall, by reason only that such preparation contains alcohol, prevent the manufacture, sale, purchase, or consumption of any:
     (a) extract, essence, or tincture or other preparation containing alcohol which is prepared according to a formula of the United States Pharmacopoeia or according to a formula approved of by the department; or
     (b) proprietary or patent medicine prepared according to a formula approved of by the department.
     (2) The department, if of opinion that any such proprietary or patent medicine, extract, essence, tincture, or preparation which contains alcohol or any other preparation of a solid, semisolid, or liquid nature containing alcohol which, or any extract from which, can be used as a beverage or as the ingredient of any beverage, may prohibit the sale thereof by retail within the state or the possession of the same for sale by retail within the state, except by a state liquor store or by persons duly licensed by the department to keep and sell the same by retail in accordance with this code and the regulations made thereunder.
     (3) The department shall notify the manufacturer or vendor of such proprietary or patent medicine, extract, essence, tincture, or preparation of the prohibition.

     History: En. Sec. 36, Ch. 105, L. 1933; re-en. Sec. 2815.95, R.C.M. 1935; Sec. 4-141, R.C.M. 1947; amd. and redes. 4-1-203 by Sec. 15, Ch. 387, L. 1975; R.C.M. 1947, 4-1-203(part).