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9. Whoever shall deface, erase or remove any mark provided by this Act, with intent to mislead, deceive, or to violate any of the provisions of this Act, shall be guilty of a misdemeanor.
§ 10. Whoever shall violate any of the provisions of this Act shall be punished by a fine of not less than $50 nor more than $200, or by imprisonment in the county jail not to exceed 60 days for each offense, or by both fine and imprisonment, in the discretion of the court, or the fine alone may be sued for and recovered before any justice of the peace in the county where the offense shall be committed, at the instance of any person, in the name of the People of the State of Illinois as plaintiff.
§ 11. It is hereby made the duty of the State's attorney of each county in this State to prosecute all violations of this Act upon complaint of any person, and there shall be taxed as his fees in the case the sum of ten dollars ($10), which shall be taxed as costs in the case.
Approved June 14, 1897.
15. STANDARD OF ANALYSIS OF MILK.] SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the standard of 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.
AN ACT TO PREVENT FRAUD IN THE BRANDING AND SALE OF PROCESS AND RENOVATED BUTTER.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That no person, firm, corporation, agent or employé shall manufacture, sell, offer or expose for sale, in this State any butter that is produced by taking original packing stock butter, or other butter, or both, and melting the same so that the butter fat can be drawn off or extracted, then mixing the said butter fat with skimmed milk, or milk, or cream, or other milk product, and rechurning or reworking the said mixture or that produced by any process that is commonly known as boiled, process or renovated butter, unless the same is branded or marked as provided in section 2 of this Act.
§ 2. No person, firm, corporation, agent, or employé shall sell, offer or expose for sale, or deliver to purchaser, any boiled, process or renovated butter, as defined in section 1 of this Act, unless the words "Renovated Butter" shall be plainly branded with gothic or bold face letters at least 4 of an inch in length on the top and sides of each tub, or box, or pail, or other kind of case or package, or on the wrapper of prints or rolls in which it is put up. If such butter is exposed for sale uncovered or not in a case or package, a placard containing the label so printed shall be attached to the mass of butter in such manner as to easily be seen and read by the purchaser. The branding or marking of all packages shall be in the English language, and in a conspicuous place, so as to be easily seen and read by the purchaser.
§ 3. The State Food Commissioner and his assistants, experts and chemists, by him appointed, shall be charged with the proper enforcement of all the provisions of this Act. When complaint is made by the State Food Commissioner, his assistants, employés or chemists, or by any other person authorized by the said State Food Commissioner, security for costs shall not be required.
§ 4. Whoever violates any provision of this Act shall be deemed guilty of a misdemeanor, and shall for each offense, upon conviction thereof, be subject to a fine of not less than $25 nor more than $50, or of imprisonment in the county jail for any period not to exceed six months.
§ 5. The said commissioner and his assistants, experts, chemists or agents shall have access and ingress to all places of business, factories, stores and buildings used for the manufacture and sale of butter. They shall also have
power and authority to open any tub, box, pail or otner kind of case or package containing any butter that may be manufactured, sold or exposed for sale.
Approved April 24, 1901.
STATE FOOD COMMISSIONER'S OFFICE CREATED.
An Act to provide for the appointment of a State Food Commissioner and to define his powers and duties and fix his compensation, and to prohibit and prevent adulteration, fraud and deception in the manufacture and sale of articles of food, and to repeal certain Acts or parts of Acts herein named.
SECTION 1. OFFICE OF STATE FOOD COMMISSIONER CREATED.] Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the office of State Food Commissioner for the State of Illinois is hereby created. Within thirty days after this Act shall take effect such commissioner shall be appointed by the Governor, by and with the advice and consent of the Senate, and his term of office shall be for two (2) years from the date of his appointment and until his successor is appointed and qualified. Thereafter the term of office of the commissioner shall be for four years and until his successor is qualified. The salary of the commissioner shall be twentyfive hundred dollars ($2,500.00) per annum and his necessary and actual expenses in the discharge of his official duties.
$2. STATE ANALYST.] Such commissioner may, with the advice and consent of the Governor, appoint two assistant commissioners, each of acknowledged standing, ability and integrity, one of whom shall be an expert in the matter of dairy products, and the other of whom shall be a practical and analytical chemist, who shall be known as the State Analyst. The salaries of such assistants shall not exceed eighteen hundred dollars ($1,800.00) each per annum and their necessary and actual expenses incurred in the discharge of their official duties. In case of the absence or inability of the State Analyst to perform all the duties of his office, the commissioner may appoint some competent person to assist in the same temporarily.
§ 3. APPOINTMENT OF INSPECTORS.] The Food Commissioner shall have authority to appoint necessary inspectors, not exceeding six in number, to assist in the work of the Food Commissioner, at such times and at such periods of time as may be required in the enforcement of the dairy and food laws of the State. Such inspectors shall have the same right of access to places to be inspected as the commissioner. The compensation of such inspectors shall be three dollars ($3.00) per day for each day of actual service and their necessary and actual expenses when so employed.
DUTY OF COMMISSIONER.] It shall be the duty of the commissioner to enforce all laws that now exist or that may hereafter be enacted in this State regarding the production, manufacture or sale of dairy products, or the adulteration of any article of food, and personally, or by his assistants, to inspect any article of food made or offered for sale within the State which he may, through himself or his assistant, suspect or have reason to believe to be impure, unhealthful, adulterated or counterfeit, and to prosecute, or cause to be prosecuted, any person or persons, firm or firms or corporation or corporations, engaged in the manufacture or sale of any adulterated or counterfeit article or articles of food contrary to the laws of this State.
$ 5. ANALYSIS OF SUSPECTED ARTICLES.] It shall be the duty of the food commissioner to carefully inquire into the quality of the dairy and food products, and the several articles which are foods or the necessary constituents of food which are manufactured for sale or sold or exposed or offered for sale in this State, and he may in a lawful manner procure samples of the same and direct the State Analyst to make due and careful examination of the same and report to the commissioner the results of the analysis of all or any such food and dairy products as are adulterated, impure or unwholesome, in contravention of the laws of this State, and it shall be the duty of the commissioner to make complaint against the manufacturer or vendor thereof to the proper county, and furnish the prosecuting attorney with the evidence
thereon and thereof to obtain a conviction for the offense charged. The food commissioner or his assistants, or any person by him duly appointed for that purpose, shall have power in the performance of their duty to enter any dairy, creamery, cheese factory, store, salesroom, warehouse (except bonded warehouse for the storage of distilled spirits) where goods are stored or exposed for sale, or place where they have reason to believe food is stored or offered for sale, and open any cask, tub, jar, bottle or package containing or supposed to contain any article of food, and examine or cause to be examined the contents thereof, and take therefrom samples for anaylsis. The person making such inspection shall take such sample of such article or product in the presence of at least one witness, and he shall, in the presence of such witness, mark or seal such sample, and shall tender, at the time of taking to the manufacturer or vendor of such product, or to the person having the custody of the same, the value thereof, but if the person from whom such sample is taken shall request him to do so, he shall at the same time, and in the presence of the person from whom such property is taken, securely seal up two samples of the articles seized or taken, the one which shall be for examination or anaylsis under the direction of the commissioner, and the other of which shall be delivered to the person from whom the article was taken. Any person who shall obstruct the commissioner or any of his assistants by refusing to allow him entrance to any place which he desires to enter in the discharge of his official duty, or refuse to deliver him a sample of any article of food made, sold, offerea or exposed for sale by such person, when the same is requested, and when the value thereof is tendered, shall be guilty of a misdemeanor, punishable by a fine of not exceeding fifty (50) dollars for the first offense, and not exceeding five hundred (500) dollars or less than fifty (50) dollars for each subsequent offense.
STATE'S ATTORNEY TO ASSIST.] It shall be the duty of the State's attorney in any county of the State, when called upon by the commissioner or any of his assistants, to render any legal assistance in his power to execute the laws and to prosecute cases arising under provisions of this Act.
§ 7. STATE BOARD OF HEALTH TO FURNISH SAMPLE.] The State Board of Health may submit to the commissioner or any of his assistants samples of food or drink for examination or analysis, and shall receive special reports showing the results of such examination or analysis.
§ 8. DUTY OF STATE ANALYST.] It shall be unlawful for the State Analyst while he holds his office, to furnish any individual, firm or corporation any certificate as to the purity or excellence of any article manufactured or sold by them to be used as food or in the preparation of food. § 9. SALARY OF COMMISSIONER-PAYMENT.] The salary of the commissioner shall be paid from the fund appropriated for the payment of the salaries of State officers, and his assistants shall be paid out of the State treasury from the same fund, and in the same manner, as the salaries of other employés of the State are paid, and the official expenses shall be paid at the end of each calendar month upon bills duly itemized and approved by the Governor, and the amount necessary to pay such salaries and expenses is hereby appropriated.
$10. LABORATORY.] The commissioner may, under the direction of the Governor, fit up a laboratory with sufficient apparatus for making the analyses contemplated in this Act, and for such purpose the sum of fifteen hundred dollars ($1,500), or so much thereof as may be necessary, is hereby appropriated; and for the purpose of providing materials and for necessary expenses connected with the making of such analysis, there is also hereby appropriated so much money as may be necessary, not exceeding six hundred dollars, ($600) annually. The appropriation provided for in this section shall be drawn from the State treasury upon certified bills approved by the Governor. 811. ANNUAL REPORT OF COMMISSIONER.] The commissioner shall make an annual report to the Governor on or before the first day in January in each year, which shall be printed and published. Such report shall cover the doings of his office for the preceeding year and shall show, among other things the number of factories, creameries and other places inspected, and by whom, the number of specimens of food articles analyzed and the State Analyst's re
port upon each one when the analysis indicates the same to be contrary to law relative to the adulteration of food; the number of complaints entered against persons for violation of the laws relative to the adulteration of food; the number of convictions had and the amount of fines imposed therefor, together with such recommendations relative to the statutes in force as his experience may justify. The commissioner may also prepare, print and distribute to the newspapers of the State and to such persons as may be interested, or may apply therefor, a monthly bulletin containing the results of inspections, the result of analysis made by the State Analyst of articles of food offered for sale contrary to law, with proper explanation of the same, and such other information as may come to him in his official capacity relating to the adulteration of food and drink products and of dairy products, so far as he may deem the same of benefit and advantage to the public; also a brief summary of all the work done during the month by the commissioner and his assistants in the enforcement of the laws of the State, but not more than 10,000 copies each of such monthly bulletins shall be printed: Provided, the necessary printing shall be done by the State printer, and all expenses for stationery and printing shall be audited, and paid from the same fund and in the same manner as other State printing and stationery.
FINES TO BE PAID INTO STATE TREASURY.] All fines, penalties and costs recovered from violations of this Act and other Acts now enacted or hereafter to be enacted prohibiting or regulating the adulteration of foods shall be paid into the State treasury to the credit of the general fund of the State. §12. No PERSON SHALL MANUFACTURE, SELL OR HAVE FOR SALE ADULTERATED FOOD.] No person shall, within this State, manufacture for sale, have in his possession with the intent to sell, offer for sale, or sell, any article of food which is adulterated within the meaning of this Act.
§13. "FOOD" INCLUDES ALL ARTICLES USED FOR FOOD OR DRINK.] The term "food" as used herein, shall include all articles, whether simple, mixed or compound, used for food, candy, drink or condiment by man or domestic animals.
§14. DEFINITION OF ADULTERATION.]
An article shall be deemed to be
adulterated within the meaning of this Act:
First-If any substance or substances has or have been mixed with it so as to depreciate, lower or injuriously affect its quality, strength or purity.
Second-If any inferior or cheaper substance or substances has or have been substituted wholly or in part for the article.
Third-If any valuable necessary constituent or ingredient has been wholly or in part abstracted from it.
Fourth-If it be an imitation and sold under the name of another article. Fifth-If it is mixed, colored, coated, polished, or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is.
Sixth-If it contains any added substance or ingredient which is poisonous or injurious to health.
Seventh-If it consist wholly on in part of a decomposed, putrid, infected, tainted or rotten animal or vegetable substance or article, whether manufactured or not, of if it is the product of a diseased animal, or if of an animal that has died otherwise than by slaughter: Provided, that an article of food which does not contain any ingredient injurious to health, and 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, or which shall be labeled so as to plainly indicate that they are mixtures, combinations, compounds or blends, and not included in the definition fourth of this section, shall not be deemed to have been adulterated: Provided, further, that all manufactured articles of food offered for sale shall be distinctly labeled, marked or branded with the name of the manufacturer and place of manufacture, or the name and address of the packer or dealer who sells the same. $15. DEFINE APPLE OR CIDER VINEGAR.] No person shall manufacture for sale, offer or expose for sale, sell or deliver, or have in his possession, with intent to sell or deliver, any vinegar not in compliance with the provisions of this Act. No vinegar shall be sold as apple, orchard or cider vine
gar which is not the product of pure apple juice, known as apple cider and apple or orchard or cider vinegar upon test shall contain not less than 14 per cent, by wieght, of cider vinegar solids upon full evaporation at the temperature of boiling water.
§16. 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." All fermented vinegar not distilled shall contain not less than 1 per
cent, by weight, upon full evaporation (at the temperature of boiling water), of solids contained in the fruit from which said vinegar is fermented, and said vinegar shall contain not less than two and a half tenths of one per cent ash or mineral matter, the same being the product of the material from which said vinegar is manufactured. All vinegar shall be made wholly from the friut 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.
§17. VINEGAR SHALL NOT CONTAIN LEAD, COPPER OR SULPHURIC ACID.] No person shall manufacture for sale, offer for sale or have in his possession with intent to sell, any vinegar found upon test to contain any preparation of lead, copper, sulphuric acid or other mineral acid, or other ingredients injurious to health. All packages containing vinegar shall be marked, stenciled or branded on the head of the cask, barrel or keg containing such vinegar with the name and residence of the manufacturer or dealer, together with the brand required in section 16 of this Act. §18. SALE OF IMPURE ICE FORBIDDEN.] No person shall offer for sale, sell or deliver for food or drink purposes, ice, natural or manufactured, containing any decomposed, putrid, infected, tainted or rotten animal or vegetable substance or any ingredient which is poisonous or injurious to health. Ice intended for food or drink purposes shall not be composed of water of lower standard of purity than that required for domestic purposes by the State Board of Health.
$19. MANUFACTURE AND SALE OF POISONOUS CANDY FORBIDDEN.] Any person or persons manufacturing for sale or selling or offering to sell any candies or confectioneries adulterated by the admixture of terra alba, barytes, talc or other earthy or material substances, or any poisonous colors, flavors or extracts or other deleterious ingredients detrimental to health shall, upon proper conviction thereof, be punished by a fine of not less than $10.00 nor more than $100.00, or imprisonment in the county jail not less than ten nor more than thirty days, or both such fine and imprisonment in the discretion of the court.
§20. CANNED GOODS TO BE FREE FROM ARTICLES DELETERIOUS TO HEALTH.] No packer or dealer in preserved or canned fruits and vegetables, or other articles of food, shall sell or offer for sale such canned or preserved fruits and vegetables or other articles of food, unless they shall be entirely free from substances or ingredients deleterious to health, and unless such articles bear a mark, stamp, brand of label, bearing the name and address of the firm, person or corporation that packs same, or dealer that sells same. All soaked or bleached goods or goods put up from products dried before canning shall be plainly marked, branded, stamped or labeled as such, with the words "soaked" or "bleached goods" in letters not less than two line pica in size, showing the name of the article and name and address of the packer or dealer who sell same.
§21. FRUITS, JELLIES AND JAMS.] No person shall manufacture for sale, have in his possession with intent to sell, offer or expose for sale, or sell, as fruit, jelly, jam or fruit butter, any jelly, jam or imitation fruit butter or other similar compound made or composed, in whole or in part, of glucose, dextrine, starch or other substances, and colored in imitation of fruit, jelly, jam or fruit butter; nor shall any such jelly, jam or fruit butter or compound be manufactured or sold or offered for sale, under any name or designation whatever, unless the same shall be composed entirely of ingredients not injurious to health; and every can, pail, or package of such jelly, jam or butter