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hereafter may be enacted in this State regarding the production, manufacture, sale and labeling of food as herein defined, and to prosecute or cause to be prosecuted any person, firm or corporation, or agent thereof, engaged in the manufacture or sale of any article manufactured or sold in violation of the provisions of any such law or laws. The Commissioner shall provide himself with a seal for the authentication of his orders, records or other proceedings, upon which shall be inscribed the words, STATE FOOD COMMISSIONER ILLINOIS SEAL. The governor shall also appoint from time to time, as required, a Food Standard Commission, for the purpose of determining and adopting standards of quality, purity or strength, for food products, for the State of Illinois, to consist of three members, one of whom shall be the State Food Commissioner or his representative, who shall serve without extra pay; one of whom shall be a representative of the Illinois food manufacturing industries, and one of whom shall be an expert food chemist of known reputation; all to be citizens of the State of Illinois, who shall receive fifteen ($15) dollars per day for a period not exceeding thirty (30) days in one year, and necessary expenses incurred during the time employed in the discharge of their duties. The said commission shall provide itself with a seal for the authentication of its standards, records or other proceedings, upon which shall be inscribed the words, FOOD STANDARD COMMISSION–ILLINOIS-SEAL. A certified copy of the records of Food Standard Commission, showing the standard of quality, purity and strength adopted and promulgated by it for food products shall be received in all courts as evidence that such standard was adopted. A certificate in the following form shall be sufficient: “I, . . . . . . . . . . . . . . . . . . . . . . . . . . . , secretary (or member) of the Food Standard Commission of Illinois, and the custodian of the records thereof, do hereby certify that the attached is a true, correct and
complete conv of the standard for . . . . . . . . . . . . . . . . . . . . adopted and promulgated by the Food Standard Commission on the . . . . . . . . . day of - - - - - - - - - - - - - - - - , 19. ..., and published in . . . . . . . . . . . . . . . . . . . Given under my hand and the seal of said Commission this. . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . - >>
The said commissioner is hereby authorized to appoint, with the advice and consent of the Governor, one assistant commissioner, who shall be a practical dairyman, whose salary shall be three thousand dollars ($3,000.00) per annum and expenses incurred in official duties. One chief chemist, who shall be known as State Analyst, whose salary shall be twenty-five hundred dollars ($2,500.00) per annum and exenses incurred in the discharge of official duties. One attorney, whose salary shall be eighteen hundred dollars ($1,800.00) per annum and expenses incurred in the discharge of official duties. One chief clerk, whose salary shall be eighteen hundred dollars ($1,800.00) per annum and expenses incurred in the discharge of official duties. One assistant clerk, whose salary shall be twelve hundred dollars ($1.200.00) per annum and expenses incurred in the discharge of official duties. Three stenographers at one thousand [dollars] ($1.000.00) each per annum. Twelve inspectors, whose salaries shall be as follows: For the first two years of service, twelve hundred dollars each annually; for the third year of service, fourteen hundred dollars each annually, and for each succeeding year of service an additional increase of one hundred dollars per year each until the maximum of eighteen hundred dollars a year each is attained, and expenses incurred in the discharge of their official duties. Said commissioner shall also have authority to appoint one bacteriologist at eighteen hundred dollars ($1,800.00) per annum and expenses incurred in the discharge of his official duties, and seven analytical chemists whose salaries shall be as follows: For the first two years of service, twelve hundred dollars each annually; for the third year of service, fourteen hundred dollars each annually; for the fourth year of service, fifteen hundred dollars each annually, and for each succeeding year of service an additional increase of one hundred dollars per year each, until the maximum of eighteen hundred dollars per year is attained, and expenses incurred in the discharge of their official duties, and one laboratory janitor at seven hundred and twenty ($720.00) dollars per annum. The said commissioner shall make annual reports to the Governor not later than the 15th of January of his work and proceedings, and shall report in detail the number of inspectors he has appointed and employed, with their expenses and disbursements and the amount of salary paid the same, and he may from time to time issue bulletins of information when, in his judgment, the interests of the State would be promoted thereby. The said commissioner shall maintain an office and laboratory, where the business of said department may be conducted. This section shall not effect (affect) the term of office of the present commissioner, and he shall be regarded as having been appointed under the provisions of this Act. The food commissioner shall make analyses and examinations for the State charitable institutions of foods, drugs and such other supplies as the laboratory of the State Food Commission is equipped and prepared to examine and analyze. § 5. MANUFACTURING ADULTERATED OR MISBRANDED Food MISDEMEANor.] It shall be unlawful for any person to manufacture for sale within the State of Illinois any article of food or drink which is adulterated and misbranded within the meaning of this Act. It shall be unlawful for any person to use filthy, decomposed, putrid, rotten, deleterious or poisonous substances as a constituent part of manufactured food, or in the manufacture of any food. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished according to the provisions of this Act: Provided, that no article of food shall be deemed misbranded or adulterated within the provisions of this Act when intended for export to any foreign country or purchaser, and prepared or packed according to the specifications or directions of the foreign country to which said article is intended to be shipped; but if said article shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not except said article from the operations of any of the other provisions of this Act.
§ 6. The having in possession or control of any food which violates any of the provisions of this Act with intent to sell the same or to use the same in violation of this Act is hereby prohibited; and whoever shall have in his possession or control with intent to sell or offer for sale any food which violates any of the provisions of this Act or with intent to use any such food in violation of the provisions of this Act shall be guilty of a misdemeanor and punished as herein provided. The possession or control of any food which violates any of the provisions of this Act shall [be] held to be prima facie evidence that such possession or control is or was with intent to sell or use such food in violation of this Act. Whoever shall have possession or control with intent to sell of any food which violates any of the provisions of this Act shall be held to have known the true character, quality and name of such food. § 8. DEFINEs ADULTERATION.] That for the purpose of this Act, an article shall be deemed to be adulterated— In case of confectionery: First—If it contains terra alba, barytes, talc, chrome yellow, paraffin, mineral fillers or poisonous substances, or poisonous color or flavor. Second—If it contains any ingredient deleterious or detrimental to health, or any vinous, malt or spirituous liquor or compound, or narcotic drug. In case of food: First—If any substance has been mixed or packed with it so as to reduce or lower or injuriously affect its quality, strength or purity. Second—If any substance has been substituted wholly or in part for the article. Third—If any valuable constituent of the article has been wholly or in part abstracted or left out: Provided, that in the manufacture of skim or separated cheese the whole or part of the butter fats in the milk may be abstracted. Fourth—If it be mixed, colored, powdered, coated, polished, or stained in any manner whereby damage or inferiority is concealed, or it is made to appear better or of greater value than it really is. Fifth–If it contains any added poisonous or other added deleterious ingredient which may render such article injurious to health: Provided, that when in the preparation of food products for shipment they are preserved by an external application, applied in such a manner that the preservative is nececssarily removed mechanically, or by maceration in water, or otherwise, and directions for the removal of said preservatives shall be printed on the covering of the package, the provisions of this Act shall be construed as applying only when such products are ready for consumption; and formaldehyde, hydrofluoric acid, boric acid, salicylic acid, and all compounds and derivatives thereof are hereby declared unwholesome and injurious. Sixth–If it consists in whole or in part of a filthy, decomposed or putrid, infected, tainted or rotten animal or vegetable substance or article, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter.
§ 9. MISBRANDED DEFINED.] The term “misbranded,” as used herein, shall apply to all articles of food or drink, or articles which enter into the composition of food or drink, the packages or label(s) of which shall bear any statement, design or device regarding such article, or the ingredients or substance contained therein which shall be false or misleading in any particular; and to any such products which are falsely branded as to manufacture, packer or dealer who sells the same or as to the state, territory or country in which it is manufactured or produced. That for the purpose of this Act an article shall also be deemed to be misbranded— In case of food: First—If it be an imitation of or offered for sale under the distinctive name of another article, or if it does not conform to the standards set forth in this Act. Second—If it be labeled or branded so as to deceive or mislead the purchaser, or purports to be a foreign product when not so, or if the contents of a 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 shall fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, canabis indica, chloral hydrate, or acetanilid or any derivative or preparation of any such substances contained therein. Third—If in package form, the quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure, or numerical count: Provided, however, that reasonable variation shall be permitted and tolerances and also exemptions as to small packages shall be established by rules and regulations made in accordance with the provisions of section 38 of this Act. Fourth—If it be a manufactured article of food or food sold in package form, and is not distinctly labeled, marked or branded with the true name of the article and with either the name of the manufacturer and place of manufacture, or the name and address of the packer or dealer who sells the same, or if its label does not conform to the regulations set forth in this Act. Fifth–If the package containing it or its label shall bear any statement, design or device regarding the ingredients of the substance 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 following cases: 1st. In case of mixture 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 the article has been manufactured or produced. 2nd. In 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 substance, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only; and as applied to alcoholic beverages, only those distilled spirits shall be regarded as “like substances” which are distilled from the fermented mash of grain and are of the same alcoholic strength: 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. 3rd. In the case of mixtures of corn syrup (glucose) or corn sugar (dextrose) or corn sugar syrup, with cane or beet sugar (sucrose) or cane or beet sugar syrup, in food, if the maximum percentage of corn syrup (glucose), or corn sugar (dextrose), or corn sugar syrup, in such article of food be plainly stated on the label. § 10. ConDEMNATION AND CONFISCATION of ILLEGAL Foods.] Any article of food or drink or liquor that is adulterated or misbranded within the meaning of this Act, or that is made, labeled or branded contrary to the provisions of this Act, or that does not conform to the definition or analytical requirements provided in this Act, shall be liable to be proceeded against in any court of record or before any judge thereof, or before any justice of the peace within whose jurisdiction the same may be found, and seized for condemnation and confiscation; and authority and jurisdiction are hereby vested in the several courts of record, the judges thereof in vacation, and the several justices of the peace, to issue the warrant and to hear and determine the proceedings herein provided for. Such proceedings shall be by complaint, verified by affidavit, and in the name of the People of the State of Illinois against the article or articles proceeded against, particularly describing the same, the place where they are located, the name of the person, firm or corporation in whose possesSion they are found, and wherein they violate the provisions of this Act. Thereupon said court, judge or justice of the peace shall issue a warrant directed to the sheriff, bailiff or any constable of the county, commanding such officer to seize and take into his possession the article or articles described in the complaint, and bring the same before the court, judge or justice of the peace who issued the warrant, and to summon the person, firm or corporation named in the warrant, and any other person who may be found in possession of the said articles to appear at the time and place therein specified, which service shall be made in the same manner as service of process in civil cases in such court or before such justice of the peace. The warrant shall be returnable not less than five (5) days nor more than fifteen (15) days from the date of issuing the same, and may be executed and served at any time before the return day thereof; and the hearing shall be at the time and place therein specified unless good cause is shown for a continuance. Upon the hearing the complaint may be amended, and any person, firm or corporation that appears and claims the said article or articles shall be required to file its claim in writing. The hearing shall be summary in its nature, and