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except as herein otherwise provided, shall conform, as near as may be, to the proceedings in civil cases before such court, judge or justice of the peace: Provided, that either party may demand a trial by jury, and an appeal or writ of error shall lie at the instance of either party to the proper court and no bond shall be required of the people. And if such article is condemned as being adulterated or misbranded, or of a poisonous or deleterious character within the meaning of this Act, or as made, labeled, or branded contrary to the provisions of this Act, or as not conforming to the definition or analytical requirements provided in this Act, the same shall be confiscated and disposed of by destruction or sale, as the court, judge or justice of the peace may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the treasury of the State of Illinois, but such article shall in no instance be sold contrary to the provision of this Act: Provided, however, if the food seized consists of a number of separate and distinct articles assembled together in containers, or in lots, or otherwise, and it shall appear to the court that certain of said articles violate the provisions of this Act and certain other of said articles do not violate the provisions of this Act, then in such cases, if the articles can be conveniently separated the court may order that such articles be separated and the costs of such separation shall be taxed as other costs of suit. The court may order such articles as are not in violation of this Act be released to the claimant or owner thereof, and in cases where the claimant or owner does not appear or refuses to accept such articles the court shall order such articles sold, and the proceeds thereof, after the payment of all costs and charges shall be held subject to the order of the court, and if the claimant or owner thereof do not appear and demand the same within thirty days after said order, the court may at any time thereafter order the proceeds of said sale forfeited and confiscated and paid into the treasury of the State of Illinois, but that part of the articles which violated the provisions of this Act shall be disposed of or destroyed as herein directed: Provided, further, that upon the payment of the costs of such proceedings and the execution and delivery of a good and sufficient bond to the State Food Commissioner for the use of the People of the State of Illinois, to the effect that such articles shall not be used, sold or otherwise disposed of contrary to the provisions of this Act and under such other conditions or supervision as may appear necessary, the court may, by order, direct that such articles be delivered to the owner thereof. § 17. PERSONS RECEIVING MILK To was H CANs.] Any person, firm or corporation who receives from any other person, firm or corporation, any milk or cream, or ice cream, in cans, bottles or vessels which have been transported over any railroad or boat line, where such can, bottles or vessels are to be returned, shall cause the said cans, bottles or vessels to be emptied before the said milk or cream, or ice cream, contained therein shall become sour, and shall cause said cans, bottles or vessels to be immediately washed and thoroughly cleansed and aired. § 21. FALSE READING of BABcock TEST PROHIBITED.] It shall be unlawful for the owner, manager, agent or any employee of a creamery or cheese factory to manipulate, underread or overread the Babcock test, or any other contrivance used for determining the quality or value of milk or cream or to falsify the record thereof, or to pay for such milk or cream on the basis of any measurement except the true measurement as thereby determined. § 39. STANDARD of PURITY AND strength.] In the enforcement of this Act, and in the construction thereof, the following named articles of foodstuffs, when offered for sale or exposed for sale, or sold, shall conform to the analytical requirements set opposite each respectively: Milk shall contain not less than three (3) per cent of milk fat and not less than eight and one-half (8%) per cent of solids, not fat. Cream shall contain not less than eighteen (18) per cent of milk fat. Maple sugar shall contain not less than sixty-five one hundredths (0.65) per cent of maple ash in the water-free substance. Honey is a laevo-rotatory, contains not more than twenty-five (0.25) per cent of water, not more than twenty-five hundredths (0.25) per cent of ash, and not more than eight (8) per cent of sucrose. Cloves shall contain not more than five (5) per cent of clove stems, not less than ten (10) per cent of volatile ether extract, not less than twelve (12) per cent of quercitannic acid, not more than eight (8) per cent of total ash, not more than five-tenths (0.5) per cent of ash insoluble in hydrochloric acid, and not more than ten (10) per cent of crude fiber. Black pepper shall contain not less than six (6) per cent of nonvolatile ether extract, not less than twenty-five (25) per cent of pepper starch, nor more than seven (7) per cent of total ash, not more than two (2) per cent of ash insoluble in hydrochloric acid, and not more than fifteen (15) per cent of crude fiber. Lemon extract shall contain not less than five (5) per cent of oil of lemon by volume. Orange extract shall contain not less than five (5) per cent of oil of orange by volume. Vanilla extract shall contain in one hundred (100) cubic centimeters the soluble matters from not less than ten (10) grams of vanilla bean. Olive oil has a refractive index (25° C.) not less than one and forty-six hundred and sixty ten thousandths (1.4660) and not exceeding one and forty-six hundred and eighty ten-thousandths (1.4680), and an iodin number not less than seventy-nine (79) and not exceeding ninety (90). All vinegars shall contain four (4) grams of acetic acid in one hundred (100) cubic centimeters (20°C). Cider vinegar shall contain not less than one and six-tenths (1.6) grams of apple solids, and not less than twenty-five hundredths (0.25) grams of apple ash in one hundred (100) cubic centimeters (20° C.). Malt vinegar shall contain in one hundred (100) cubic centimeters (20° C.) not less than two (2) grams of solids and not less than twotenths (0.2) grams of ash. Wine vinegar shall contain not less than one (1) gram of grape solids and not less than thirteen-hundredths (0.13) gram of grape ash in one hundred cubic centimeters (20° C.).
§ 39. Ice cream is a frozen substance, made from cream, or milk and cream, and sugar, with or without the additions of such other wholeSome substances as have customarily been used in making ice cream, and contains not less than eight per cent (8%) milk fat, and manufactured, stored, distributed and dispensed in a sanitary manner. The following other substances have customarily been used in making ice cream: Eggs, flours, starches, butter, gelatin, flavoring, harmless colors, nuts, fruits, pastries, and condensed milks. In the enforcement of this Act and in the construction thereof all articles of food not defined in this Act, when offered for sale or exposed for sale, or sold, shall conform to the definition and analytical requirements of the standard adopted and promulgated from time to time by the Food Standards Commission: Provided, that standards of quality, purity or strength, for food products, adopted from time to time by the Food Standards Commission and the regulations concerning the labeling of food products, adopted from time to time by the State Food Commissioner, shall constitute prima facie evidence in the trial of all cases in court of the proper standard or of the proper labeling: Provided, that nothing in this section shall be construed to prevent the sale of any wholesome food product which is below such standard, if such article of food be labeled so as to clearly indicate such variation: Provided. further, that in all places where foods below such standards are sold in bulk or have been removed from its original package, there shall be placed in a prominent position a placard in large letters of not less than one inch in length which shall clearly indicate such variation so as to be easily read by customers. § 39A. THE SALE of ILLEGAL Food PROHIBITED.] The sale of food which violates any of the provisions of this Act is hereby prohibited; and whoever offers for sale, exposes for sale or sells any food that violates any of the provisions of this Act shall be guilty of a misdemeanor and punished as herein provided. § 39B. It shall be unlawful to ship or otherwise dispose of in any kind of a container, or in any other manner, any collection of eggs or any eggs known as “yolk stuck to the shell,” “heavy blood rings,” “partially hatched,” “moldy eggs,” “black spots,” “black rots” or any other eggs of an unwholesome nature, unless the same are broken in the shell, and then denatured, so as to render the same unfit for human food. Eggs exclusive of the above named varieties which are not intended for sale to the trade in shell form are hereby declared “Breaking Stock.” “Breaking Stock,” when packed in cases sealed with proper identifying strips, that have been approved by the State Food Commissioner, may be shipped, from within or without the State of Illinois, either directly or otherwise, to licensed egg breaking establishments in Illinois.
All persons, firms or corporations that engage in the State of Illinois
in the business of removing eggs from their shells in the manufacture of frozen, liquid, dessicated, or any other form of whole egg, volks, whites, or any mixture of yolks and whites with or without the addition of any other ingredients, shall before engaging in such business, apply to the State Food Commissioner for a license. Thereupon, the State Food Commissioner, or his agents, shall inspect the establishment and equipment of said egg breaking establishment, and he shall also ascertain, if the said establishment complies in methods and equipment with the sanitary law and the rules and regulations that shall from time to time be established by the State Food Commissioner, for the governing of these establishments. If after such inspection it shall appear that the said establishment complies with the provisions of the sanitary law and the rules and regulations governing egg breaking establishments, then the said food commissioner shall certify to the State Treasurer that the said establishment is entitled to a license. Every person, firm or corporation engaged in the breaking of eggs and whose establishment has been inspected and approved as above described, shall pay annually during the month of December of each year a license fee of three hundred dollars ($300.00) for each establishment, to the Treasurer of the State of Illinois. Said Treasurer shall in each case at once certify to the State Food Commissioner the payment of such fee, and thereupon the State Food Commissioner shall issue a license to such establishment. It shall be unlawful for any one to have in his possession eggs known as “yolks stuck to the shell,” “heavy blood rings,” “partially hatched,” “moldy eggs,” “black spots,” “black rots,” or any other unwholesome eggs, unless the same are broken in the shell, and then denatured, so as to render the same unfit for human food. Every egg breaking establishment, when it has received its license, shall be furnished with an identifying establishment number. Said number shall be included as part of the proper labeling of all cans or other receptacles in which frozen or dessicated egg products are offered for sale. The form and manner of placing said number on containers shall be under rules and regulations promulgated by the State Food Commissioner. Brokers, commission men, or ordinary receivers of eggs who have eggs shipped to them in these “breaking stock” identified cases, may break the seal and examine the stock, but they must reseal the identified strip where it is cut, with another identifying strip which carries their name and address and the date on which they inspected the eggs. They will be held responsible for any tampering of the contents of the identified cases. Whoever shall violate any of the provisions of this section shall be guilty of a misdemeanor and shall be punished as provided in this Act, and in addition thereto the State Food Commissioner shall at once revoke such offender’s license. $ 40. PRELIMINARY HEARING BY THE com Mission ER.] When it appears from the examination or analysis that the provision of this Act have been violated, the Food Commissioner shall cause notice of such fact, together with a copy of the findings, to be given to the party or parties from whom the sample was obtained; and to the party, if any, whose name appears upon the label as manufacturer, packer, wholesaler, retailer, or other dealer by registered mail. The party or parties so notified shall be given an opportunity to be heard under such rules and regulations as may be prescribed as aforesaid. Notices shall specify the date, hour and place of the hearing. The hearing shall be private and the parties interested therein may appear in person or by attorney. If, after such hearing, the commissioner shall believe this Act has been violated, he shall cause the party or parties whom he believes to be guilty, to be prosecuted forthwith, under the provisions of this Act. In all proceedings or prosecutions brought under this Act, it shall not be necessary to allege in the pleadings that a hearing was had before the commissioner. A certified copy of the records of the State Food Commissioner's office, showing that notice of hearing was sent by registered mail, together with a copy of such notice of hearing and the receipt of the post office department for such registered notice shall be received as evidence that such notice of hearing was given. A certificate in the following form shall be sufficient: “I, . . . . . . . . . . . . . . . . . . . . . . . . , Chief Clerk (or other employee) in the State Food Commissioner’s office, do hereby certify that the attached is a true, correct and complete copy or copies of the notice of hearing on Inspector's Sample No. . . . . . . . . . That the said notice of hearing was enclosed by me in an envelope, properly stamped and addressed to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and was deposited and registered in the post office department at Chicago, Illinois, on the . . . . . . day of . . . . . . . . . . . . , A. D. 19.., and that the attached receipt of the post office department is the receipt received by this office for the said notice.
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I hereby certify that. . . . . . . . . . . . . . . . . is the chief clerk (or clerk) having custody of the records of Inspector's Sample No. . . . . . . . . . . . in the State Food Commissioner's office and that the above, and the attached papers are a true, correct and complete record of the matters therein certified as appears by the records of my office.”
Given under my hand and seal this. . . . . . day of . . . . . . . . . . . . . . . .
§ 40A. No action or prosecution shall be instituted against any person for a violation of the provisions of this Act, unless the same shall have been commenced within six months from the taking of said sample, or unless begun by and with the advice and consent of the State's Attorney of the proper county, first had and obtained therefor; and such prosecution shall at all times be under and within the control of said State’s Attorney.
FILED July 12th, 1915.
The Governor having failed to return this bill to the General Assembly during its session, and having filed it in my office, without objections, within ten days, Sundays excepted, after the adjournment of the General Assembly, it has o become a law. Witness my hand this 12th day of July, A. D. 1915. LEwis G. Stev ENsoN, Secretary of State.