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SEC. 4. Requirement of alterations. If, in the opinion of the State factory inspector, alterations are required in or upon premises occupied and used as butterine and ice cream manufactories, in order to comply with the provisions of this Act, a written notice shall be served by him upon the owner, agent or lessee of suh premises, either personally or by mail, requiring such alterations to be made within sixty days after such service, and such alterations shall be made accordingly.

SEC. 5. Violation of this act a misdemeanor; fine. Any person who violates any of the provisions of this Act, or refuses to comply with any of the requirements as provided herein, of the factory inspector or his deputy, who are hereby charged with the enforcement of this Act, shall be guilty of a misdemeanor, and, on conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for the second offense, or imprisonment for not more than thirty days, and for a third offense by a fine of not less than five hundred dollars ($500.00) nor more than sixty (60) days imprisonment, or both. Approved June 3, 1907. Laws of 1907, H. B. No. 684, pp. 309–310.

EXTRACTS."

SEC. 12. Extracts to be labeled. Extracts made of more than one principle shall be labeled in a conspicuous manner with the name of each principle, or else with name of the inferior or adulterant, and in all cases when an extract is labeled with two or more names, such names must be in a conspicuous place on said label, and in no instance shall such mixture be called imitation, artificial or compound, and the name of one of the articles used shall not be given greater prominence than another: Provided, that all extracts which can not be made from the fruit, berry, bean or other part of the plant, and must necessarily be made artificially, as raspberry, strawberry, etc., shall be labeled “imitation," in letters similar in size and immediately preceding the name of the article: Provided, further, that prepared cocoanut, containing other than cocoanut, sugar and glycerine, shall be labeled as prepared cocoanut, and when so made need not be labeled “compound" or mixture."

Approved May 14, 1907. Laws of 1907, H. B. No. 844, p. 550.

LARD.

SEC. 24. Illegal lard. No person shall within this State, manufacture for sale, have in his possession with intent to sell, offer or expose for sale, or sell, as lard, any substance not the legitimate and exclusive product of the fat of the hog.

SEC. 25. Lard substitute. No person shall manufacture for sale within this State, or have in his possession with intent to sell, offer or expose for sale, or sell as lard, or as a substitute for lard, or as an imitation of lard, any mixture or compound which is designed to take the place of lard and which is made from animal or vegetable oils or fats other than the fat of the hog, or any mixture or combination with any animal or vegetable oils or fats, unless the tierce, barrel, tub, pail, or package containing the same shall be distinctly and legibly branded or labeled with the name of the person, firm or corporation making the same, together with the location of the manufactory and the words "Lard Substitute," or "Adulterated Lard" or compound," imitation or "blend,"

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See also General Food Law for standards, page 61.

as the case may be, or unless the same shall be sold under its own distinctive name as provided for in section 9 of this Act.

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SEC. 26. Imitation or substitute for lard. It shall be unlawful to sell or offer for sale any "lard substitute" or "adulterated lard" or compound," "imitation" or "blend" as herein defined without informing the purchaser thereof, or the person or persons to whom the same is offered for sale, that the substance sold or offered for sale is "lard substitute" or adulterated lard” or “compound,” “imitation" or "blend" as the case may be.

Approved May 14, 1907. Laws of 1907, H. B. No. 844, pp. 552–553.

MEAT.

SEC. 1. Eramination of cattle. For the purpose of preventing the use of meat or meat food products for human food which are unsound, unhealthful, unwholesome or otherwise unfit for human food, the board of live stock commissioners may, at their discretion, make or cause to be made, by the State veterinarian or his assistants, or any duly authorized live stock inspector in the employ of the State of Illinois, an examination of any animal intended for human food which he or they believe is afflicted with any contagious or infectious disease, or any disease or ailment which would render the carcass of said animal unfit for human food.

SEC. 2. Condemned cattle to be confiscated and killed. In event any animal shall be inspected by any person herein authorized to make said inspection, and in his judgment found to be afflicted with any disease or ailment which would render said animal unfit for human food, it shall be the duty of the person making said examination to forthwith take possession or control of said animal, and notify the owner or person or corporation in control or possession of such animal that such animal is unfit for human food; whereupon said animal shall immediately be killed and the carcass examined by some person or persons authorized to make inspection of such animals. If, upon examination of the carcass, it shall appear to the examiner that the same is suitable for human food, he shall allow the person or corporation from whom said animal was taken to make disposition of the carcass, or such examiner shall cause the same to be sold; but if, in the opinion of such inspector, any such carcass is unwholesome or unfit for human food, then the same shall be, by him stamped, marked, tagged or labeled "inspected and condemned," and every such condemned carcass shall be destroyed for the purposes of human food and such examiner shall cause the offal thereof to be sold: Provided, that if such carcass shall be disposed of for food purposes by such inspector and the offal sold, the proceeds thereof shall be accounted for as the board of live stock commissioners may provide.

SEC. 3. Violation of this act a misdemeanor; penalty. Any person, firm or corporation who shall, in any manner, fail, neglect or refuse to comply with any provision in this Act contained, shall be deemed guilty of a misdemeanor, and upon conviction thereof be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or confined in the county jail not exceeding one year, or both.

Filed May 27, 1907. Laws of 1907, H. B. No. 341, pp. 7–8.

PRESERVATIVES.

See General Food Law, page 57.

SIRUPS.

See General Food Law, page 58.

VINEGAR."

SEC. 11. Vinegar to be branded. All vinegar made by fermentation and oxidation without the intervention of distillation, shall be branded with the name of the fruit or substance from which the same is made. All vinegar made wholly or in part from distilled liquor shall be branded "distilled vinegar", and shall not be colored in imitation of cider vinegar. All vinegar shall be made wholly from the fruit or grain from which it purports to be or is represented to be made, shall contain no foreign substance, and shall contain not less than four per cent, by weight, of absolute acetic acid. Approved May 14, 1907. Laws of 1907, H. B. No. 844, p. 549.

See also General Food Law for standards, page 61.

INDIANA.

GENERAL FOOD LAWS.

SEC. 1. Adulterated food or drugs unlawful; definition. It shall be unlawful for any person, firm or corporation, within this State, to manufacture for sale within this State, offer for sale therein, or sell within this State, any drug or article of food which is adulterated or misbranded within the meaning of this act. The term "drug," as used in this act, shall include all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation or prevention of disease of either man or other animals. The term "food," as used herein, shall include all articles used for food, drink, confectionery, or condiment by men or other animals, whether simple, mixed or compound.

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First. If any substance or substances have been mixed with it so as to reduce, or lower, or injuriously affect its quality or strength;

Second. If any substance has been substituted wholly or in part for the article;

Third. If any valuable constituent has been wholly or in part abstracted from it;

Fourth. If it consists in any proportion of a filthy, diseased, decomposed, putrid or rotten animal or vegetable substance, whether manufactured or not, or in the case of milk, if it is the product of a diseased animal;

Fifth. If it is mixed, colored, coated, polished, powdered or stained in a manner whereby damage or inferiority is concealed, or whereby it is made to appear better or of greater value than it really is;

Sixth. If it contains any added poisonous or other added deleterious ingredient;

Seventh. If it contains any added antiseptic or preservative substance except common table salt, saltpeter, cane sugar, vinegar, spices, or, in smoked food, the natural products of the smoking process, or other harmless preservatives whose use is authorized by the state board of health.

SEC. 5. Definition of "misbranded." The term "misbranded," as used herein, shall apply to all drugs, or articles of food, or articles which enter into the composition of food and drugs, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food or drug product which is falsely branded as to the state, territory or country in which it is manufactured or produced. For the purpose of this act an article shall also be deemed to be misbranded : *

In the case of food:

First. If it be an imitation of or offered for sale under the distinctive name of another article;

Second. If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package, or if it fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, acetanilide, phenacetine or antipyrine, or any derivative or preparation of any such substance or substances contained therein: Provided, That such statement shall not be required as to articles of food in the hands of wholesale or retail dealers on or prior to March 1, 1908;

Third. If in the package form, and the contents are stated in the terms of weight or measure, they are not plainly and correctly stated on the outside of the package;

Fourth. If the package containing it or its label shall bear any statement, design or device regarding the ingredients or the substances contained therein, which statement, design or device shall be false or misleading in any particular: Provided, That an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases:

First. In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where said article has been manufactured or produced.

Second. In the case of articles labeled, branded or tagged so as to plainly indicate that they are compounds, imitations, or blends, and the word “compound," "imitation," or "blend," as the case may be, is plainly stated on the package in which it is offered for sale: Provided, That the term blend as used herein shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only: And, provided further, That nothing in this act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredients to disclose their trade formulas, except in so far as the provisions of this act may require to secure freedom from adulteration or misbranding.

SEC. 6. Manufacturer's guarantee; liability of dealer. No dealer shall be prosecuted under the provisions of this act for selling or offering for sale any article of food or drugs, as defined herein, when same is found to be adulterated or misbranded within the meaning of this act, in the original, unbroken package in which it was received by said dealer, when he can establish a guarantee, signed by the wholesaler, jobber, agent or other party residing in the United States from whom he purchased such article, or if a proper printed guarantee of the manufacturer with his address be upon the package or container, to the effect that the same is not adulterated or misbranded in the original unbroken package in which said article was received by said dealer, within the meaning of this act, designating it, or within the meaning of the food and drugs act, enacted by the Senate and House of Representatives of the United States of America in Congress assembled June 30th, 1906. Said guarantee to afford protection shall contain the name and address of the party or parties making the sale of such articles to such dealer, or of the manufacturer thereof as herein specified, and in such case said party or parties shall be amendable to the prosecution, fines and other penalties which would attach in due course to the dealer, under the provisions of this act.

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