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§2. KEEPING DISEASED Cows. ETC.] Any person who shall adulterate milk, with the view of offering the same for sale or exchange, or shall keep cows for the production of milk for market, or for sale or exchange, in an unhealthy condition, knowingly feed the same on the food that produces impure, diseased, or unwholesome milk, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than fifty dollars ($50), nor more than two hundred dollars ($200), for each and every offense.
3. CANS, VEHICLES, ETC., TO BE MARKED.] Any person or persons who shall in any of the cities of this State, engage in or carry on a retail business in the sale or exchange of, or any retail traffic in milk, shall have each and every can in which the milk is carried or exposed for sale or exchange, and the carriage or vehicle from which the same is vended, conspicuously marked with his, her, or their name or names, also indicating by said mark the locality from which said milk is obtained or produced and for every neglect of such marking, the person or persons so neglecting shall be subject to the penalties expressed in section 2 of this Act; but for every violation of this Act by so marking said cans, carriage or vehicle, as to convey the idea that said milk is produced or procured from a different locality than it really is, the person or persons so offending shall be subject to a fine of one hundred dollars ($100.00).
84. SELLING SKIMMED MILK.] Any person who shall in any of the cities in this State, offer for sale any milk from which the cream, or any part thereof shall have been taken, shall offer for sale and sell the same as skimmed milk, and not otherwise, and shall have each can or vessel in which such milk is carried or exposed for sale, plainly and conspicuously marked with the words "Skimmed Milk." Any person violating this section shall be subject to a fine not exceeding fifty dollars ($50.00) for each and every violation.
85. JUDGMENT-ISSUING CAPIAS.] Upon the rendition of judgment imposing a fine as provided in the foregoing sections, it shall be the duty of the justice of the peace or other court rendering said judgment, also to render a judgment for the costs, and forthwith to issue a capias or warrant of commitment against the body of the defendant, commanding that, unless the said fine and costs be forthwith paid, the defendant shall be committed to the jail of the county, and the constable or other officer to whose hands said capias or warrant shall come, shall in default of such payment, arrest the defendant and commit him to the jail of the county, there to remain, as provided by section 308 of "An Act to revise the law in relation to criminal jurisprudence," in force July 1, 1874; and unless such fine and costs shall sooner be paid.
86. WHAT IS AN ADULTERATION.] The addition of water or any foreign substance to milk or cream intended for sale or exchange, is hereby declared an adulteration. Any milk that is obtained from cows fed on distillery waste, usually called "swill," or upon any substance in a state of putrefaction, is hereby declared to be impure and unwholesome. Nothing in this Act shall be construed to prevent the addition of sugar in the manufacture of condensed or preserved milk.
87. REPEAL.] Section nine (9) of division one (1) of an Act entitled "An Act to revise the law in relation to criminal jurisprudence," approved March 27, 1874, and all other Acts or parts of Acts inconsistent herewith are hereby repealed.
Approved May 29, 1879.
An Act to fix the standard analysis of milk. Approved June 7, 1897. SECTION 1. Be it enacted by the People of the State of Illinois, representcd in the General Assembly: That the standard analysis for milk in this State as to ingredients and preparations shall be: Water, 88 per cent; milk solids, 12 per cent; and such milk solids shall contain not less than 3 per cent of butter fat. When contracts are made for milk purchased within this State, for delivery within or without this State, no other standard shall be used except by special contract in writing.
Session Laws 1897; p. 268.
LABELS-SUBSTANCES PURPORTING TO BE BUTTER OR CHEESE.
An Act to prevent frauds in the manufacture and sale of butter and cheese, approved May 31, 1879, in force July 1, 1879.
SECTION 1. PACKAGES. ETC., STAMPED OR MARKED.] Be it enacted by the People of the State of Illinois, represented in the General Assembly: That whoever manufactures, sells, or offers for sale, or causes the same to be done, any substance purporting to be butter or cheese, or having the semblance of butter or cheese, which substance is not made wholly from pure cream or pure milk, unless the same be manufactured under its true and appropricate name, and unless each package, roll or parcel of such substance, and each vessel containing one or more packages of such substance, having distinctly and durably painted, stamped or marked thereon the true and appropriate name of such susbtance, in ordinary bold faced capital letters not less than five lines pica, shall be punished as provided in section 3 of this Act. § 2. LABELS.] Whoever shall sell any such substance as is mentioned in section 1 of this Act, to consumers, or cause the same to be done, without delivering with each package, roll or parcel so sold, a label on which is plainly and legibly printed in roman letters, the true and appropriate name of such substance, shall be punished as provided in section 3 of this Act.
§ 3. PENALTIES.] Whoever knowingly violates section 1, or section 2, of this Act, shall be fined in any sum not less than $10 nor more than $300, or imprisoned in the county jail not less than ten nor more than ninety days, or both, in the discretion of the court; Provided, that nothing contained in this Act shall be construed to prevent the use of skimmed milk, salt, rennet, or harmless coloring matter, in the manufacture of butter or cheese. Approved May 31, 1879.
PENALTY FOR ADULTERATION OF BUTTER AND CHEESE.
An Act to prevent the adulteration of butter and cheese, or the sale or the disposal of the same, or the manufacture or sale of any article as a substitute for butter or cheese, or any article to be used as butter or cheese.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That whoever manufactures out of any oleaginous substances, or any compound of the same other than that produced from unadulterated milk or cream from the same, any article designed to take the place of butter or cheese produced from pure, unadulterated milk, or cream of the same, and shall sell, or offer for sale, the same as butter or cheese, or give to any person the same as an article of food, as butter or cheese, shall, on conviction thereof, be fined not less than twenty-five dollars ($25), nor more than two hundred dollars ($200).
§ 2. All Acts or parts of Acts inconsistent with this Act are hereby repealed.
Approved June 1, 1881.
ADULTERATION OF ARTICLES OF FOOD, DRINK OR MEDICINE.
An Act to prevent and punish the adulteration of articles of food, drink and medicine and the sale thereof when adulterated.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That no person shall mix, color, stain or powder, or order or permit any other person in his or her employ to mix, color, stain or powder any article of food with any ingregdient or material, so as to render the article injurious to health, or depreciate the value thereof, with intent that the same may be sold; and no person shall sell or offer for sale any such article so mixed, colored, stained or powdered.
§ 2. No person shall, except for the purpose of compounding in the necessary preparation of medicine, mix, color, stain or powder, or order or permit any other person to mix, color, stain or powder any drug or medicine with any ingredient or material, so as to effect injuriously the quality or potency of such drug or medicine, with intent to sell the same, or shall sell or offer for sale any such drug or medicine so mixed, colored, stained or powdered.
§ 3. No person shall mix, color, stain or powder any article of food, drink or medicine with any other ingredient or material, whether injurious to health or not, for the purpose of gain or profit, or sell, or offer the same for sale, or order or permit any other person to sell or offer for sale any article so mixed, colored, stained or powdered, unless the same be so manufactured, used or sold, or offered for sale under its true and appropriate name, and notice that the same is mixed or impure is marked, printed or stamped upon each package, roll, parcel or vessel containing the same so as to be and remain at all times readily visible, or unless the person purchasing the same is fully informed by the seller of the true name and ingredients (if other than such as are known by the common name thereof) of such article of food, drink or medicine at the time of making the sale thereof or offering to sell the same. § 4. No person shall mix oleomargarine, suine, butterine, beef-fat, lard or any other foreign substance with any butter or cheese intended for human food, without distinctly marking, stamping or labeling the article, or the package containing the same with the true and appropriate name of such article, and the percentage in which such oleomargarine or suine enters into its composition; nor shall any person sell or offer for sale, or order or permit to be sold or offered for sale, any such article of food into the composition of which oleomargarine or suine has entered, without at the same time informing the buyer of the fact in the proportions in which such oleomargarine, suine or butterine, beef-fat, lard or any other foreign substance has entered into its composition: Provided, that nothing in this Act shall be so construed as to prevent the use of harmless coloring matter in butter and cheese, or other articles of food.
§ 5. Any person convicted of violating any provision of any of the foregoing sections of this Act shall, for the first offense, be fined not less than twenty-five dollars ($25), nor more than two hundred dollars ($200); for the second offense he shall be fined not less than one hundred dollars ($100), nor more than two hundred dollars ($200), or confined in the county jail not less than one month nor more than six months, or both, at the discretion of the court; and for the third and all subsequent offenses he shall be fined not less than five hundred dollars ($500), nor more than two thousand dollars (2,000), and imprisoned in the penitentiary not less than one year nor more than five years.
§ 6. No person shall be convicted under any of the foregoing sections of this Act, if he shows to the satisfaction of the court or jury that he did not know that he was violating any of the provisions of this Act, and that he could not, with reasonable diligence, have obtained the knowledge.
§ 7. The State's attorneys of this State are charged with the enforcement of this Act, and it is hereby made their duty to appear for the People and to attend to the prosecutions of all complaints under this Act in their respective counties in all courts.
§ 8. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed.
Approved June 1, 1881.
An Act to prevent the adulteration of vinegar and to prevent fraud and imposition in the manufacture and sale of vinegar, and to protect the purchaser thereof.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That every person that shall manufacture for sale, or shall offer or expose for sale, as cider vinegar, any vinegar not the legitimate product of pure apple juice, known as apple cider, and not made exclusively of said apple cider, shall for each such offense, be punished by a fine of not less than twenty-five dollars ($25) nor more than fifty dollars ($50).
§ 2. Every person who shall manufacture for sale, or who shall offer or expose for sale, any vinegar found upon test to contain any preparation of lead, copper, sulphuric acid or other ingredients injurious to health, shall, for each such offense, be punished by a fine of not less than one hundred dol lars ($100).
Approved June 14, 1883.
TO PROTECT FROM IMPOSITION IN RELATION TO CANNED OR PRESERVED FOOD. An Act to protect the public from imposition in relation to canned and preserved food. Approved June 27, 1885, in force July 1, 1885.
1. ARTICLES TO BE MARKED TO INDICATE GRADE, ETC.] SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That it shall hereafter be unlawful in this State for any packer or dealer in preserved or canned fruits and vegetables or other articles of food to offer such canned articles for sale after January 1, 1886, with the exception of goods brought from foreign countries, or packed prior to the passage of this Act unless such articles bear a mark to indicate the grade or quality together with the name and address of such firm, person or corporation that packed the same or dealer who sells the same. The firm, person or corporation labeling such goods shall be considered the packer or packers.
2. SOAKED GOODS TO BE BRANDED.] § 2. That all soaked goods put up from products dried before canning shall be plainly branded on the face of the label, in letters not less than one-half inch high and three-eights inch wide of solid and legible type the word "soaked."
3. FALSE STAMP OR LABEL-PENALTY FOR VIOLATING ACT.] § 3. Any person, firm or corporation, who shall falsely stamp or label such cans or jars containing preserved fruit or food of any kind, or knowingly permit such false stamping or labeling, and any person, firm or corporation who shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanor, and punished with a fine of not less than fifty dollars ($50.00), in the case of vendors, and in the case of manufacturers and those falsely or fraudulently stamping or labeling such, cans or jars a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), and it shall be the duty of any board of health in this State cognizant of any violation of this Act to prosecute any person, firm or corporation, which it has reason to believe has violated any of the provisions of this Act, and after deducting the costs of the trial and conviction, to retain for the use of such board the balance of the fine or fines recovered.
AN ACT TO REGULATE THE SALE OF VEAL.
Approved June 16, 1887, in force July 1, 1887
PROHIBITS SALE OF VEAL FROM CALVES LESS THAN FOUR WEEKS OLD-PENALTY.] SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That if any person kills, or causes to be killed, for the purpose of sale, any immature calf, or any calf less than four weeks old, or knowingly sells or has in his possession with intent to sell, for food, the meat of any immature calf, or of any calf less than four weeks old, he shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $25.00, nor more than $50.00, or by imprisonment in the county jail not exceeding 30 days, or by both fine and imprisonment, and all such meat exposed for sale, or kept with intent to sell, may be seized and destroyed by any health officer, or any sheriff or deputy sheriff, constable or police officer.
BUTTER-MANUFACTURE AND SALE OF SUBSTITUTE.
An Act to regulate the manufacture and sale of substitutes for butter. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That for the purpose of this Act, every article, substitute or compound or any other than [that] which is produced from pure milk or cream therefrom, made in the semblance of butter and designed to be used as a substitute for butter made from pure milk or its cream, is hereby declared to be imitation butter: Provided, that the use of salt and harmless coloring matter for coloring the product of pure milk or cream shall not be construed to render such product an imitation.
§ 2. No person shall coat, powder or color with annato or any coloring matter whatever, any substance designed as a substitute for butter, whereby such substitute or product so colored or compounded shall be made to resemble butter, the product of the dairy.
No person shall combine any animal fat or vegetable oil or other substance with butter, or combine therewith, or with animal fat or vegetable oil, or combination of the two, or with either one, any other substance or substances, for the purpose or with the effect of imparting thereto a yellow color or any shade of yellow so that such substitute shall resemble yellow or any shade of genuine yellow butter, nor introduce any such coloring matter or such substance or substances into any of the articles of which the same is composed.
Provided, Nothing in this Act shall be construed to prohibit the use of salt, rennet and harmless coloring matter for coloring the products of pure milk or cream from the same.
No person shall, by himself, his agent or employés produce or manufacture any substance in imitation or semblance of natural butter, nor sell, nor keep for sale, nor offer for sale any imitation butter, made or manufactured, compounded or produced in violation of this section, whether such imitation butter shall be made or produced in this State or elsewhere.
This section shall not be construed to prohibit the manufacture and sale, under the regulations hereinafter provided, of substances designed to be used as a substitute for butter and not manufactured or colored as herein provided.
§ 3. Every person who lawfully manufactures any substance designed to be used as a substitute for butter, shall mark by branding, stamping or stenciling upon the top or side of each box, tub, firkin or other package in which such article shall be kept, and in which it shall be removed from the place where it is produced, in clear and durable manner in the English language, the word "olemargarine," or the word "butterine," or the words "substitute for butter," or the words "imitation butter," in printed letters in plain roman type, each of which shall not be less than three-quarters of an inch in length.
§ 4. It shall be unlawful to sell or offer for sale any imitation butter 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 imitation butter.
§ 5. No person, by himself or others, shall ship, consign or forward by any common carrier, whether public or private, any substance designed to be used as a substitute for butter unless it shall be marked or branded on each tub box, firkin, jar or other package containing the same, as provided in this Act, and unless it be consigned by the carriers and receipted for by its true name: Provided, that this Act shall not apply to any goods in transit between foreign states across the State of Illinois.
§ 6. No person shall have in his possession or under his control any substance designed to be used as a substitute for butter, unless the tub, firkin, jar, box or other package containing the same be clearly and durably marked as provided in this Act: Provided, that this section shall not be deemed to apply to persons who have the same in their possession for the actual consumption of themselves or their families. Every person who shall have possession or control of any imitation butter for the purpose of selling the same which is not marked as required by the provisions of this Act, shall be presumed to have known during the time of such possession or control the true character and name, as fixed by this Act, of such product.
§ 7. Whoever shall have possession or control of any imitation butter or any substance designed to be used as a substitute for butter, contrary to the provisions of this Act, for the purpose of selling the same, or offering the same for sale, shall be held to have possession of such property with intent to use it in violation of this Act
§ 8. No action shall be maintained on account of any sale or contract made in violation of, or with intent to violate, this Act, by or through any person who was knowingly a party to such wrongful sale or contract.