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FRAUD IN SALE OF DAIRY PRODUCTS-MISBRANDED FOOD.
9. As amended, defines term "
branded."
(SENATE BILL NO. 383. APPROVED JUNE 25, 1915.)

1. Amends section 9, Act of 1907, as subse-
quently amended.

'mis

AN ACT to amend section nine of an Act entitled, "An Act to prevent fraud in the sale of dairy products, their imitation or substitutes, to prohibit and prevent the manufacture or sale of unhealthful, adulterated or misbranded food, liquors or dairy products, to provide for the appointment of a State Food Commissioner and his assistants, to define their powers and duties and to repeal all Acts relating to the production, manufacture and sale of dairy and food products and liquors in conflict herewith. (Approved May 14, 1907; in force July 1, 1907); as amended by Act approved June 6, 1911, in force July

1, 1911.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: First: That section nine of an Act entitled, "An Act to prevent fraud in the sale of dairy products, their imitations or substitutes, to prohibit and prevent the manufacture and sale of unhealthful, adulterated or misbranded food, liquors and dairy products, to provide for the appointment of a State Food Commissioner and his assistants, to define their powers and duties and to repeal all Acts relating to the production, manufacture and sale of dairy and food products and liquors in conflict herewith." (Approved May 14, 1907, in force July 1, 1907); as amended by Act approved June 6, 1911, in force July 1, 1911, be and the same is hereby amended to read as follows:

§ 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 labels 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 manufacturer, packer, or dealer who sells the same or as to the State, territory, or county 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.

Second-If it be so labeled or branded as to make the identity of the manufacturer, packer or dealer who sells or offers the same for sale uncertain or doubtful; or whic is so labeled or branded as to indicate on the receptacle, vessel or container the name of any firm or corporation other than the firm or corporations actually manufacturing, packing or dealing in the article or product so sold or offered for sale; or if it be so labeled or branded as to deceive or mislead a purchaser as to the identity of the manufacturer, packer or dealer; or if it purports to be a foreign product when not so; or if the contents of the package as originally put out shall have been removed in whole or in part and refilled by contents of different quality, or of a different manufacturer, packer or dealer; 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, or acetanilid, or any derivative or preparation of any such substances contained therein.

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

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.

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:

First-In case of mixtures or compounds which may 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.

Second-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 substances, 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 or [no] unwholesome added ingredients to disclose then [their] trade formulas, except in so far as the provisions of this Act may require to secure freedom from adulteration or misbranding.

Third-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.

APPROVED June 25th, 1915.

SALE OF CONCENTRATED FEEDING STUFFS-ACT OF 1905 AMENDED.

§ 1. Amends sections 1, 2, 3, 4 and 8, Act of 1905.

§ 1. Concentrated commercial feed stuffs
to have certified statement in Eng-
lish-placard on bins.

§ 2. Term "concentrated feeding stuffs'
includes what-what held to be dif-
ferent brands.

§ 3. What not included in term.

§ 4. Selling without filing statement, etc. -penalty.

8. License fee-certificate-revocationpenalty for selling without license.

(SENATE BILL No. 356. APPROVED JUNE 25, 1915.)

AN ACT to amend sections 1, 2, 3, 4 and 8 of an Act entitled, “An Act to regulate the sale and analysis of concentrated feeding stuffs," approved May 18, 1905, and in force July 1, 1905, as amended by subsequent Acts.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections 1, 2, 3, 4 and 8 of an Act entitled, "An Act to regulate the sale and analysis of concentrated feeding stuffs," approved May 18, 1905, and in force July 1, 1905, as amended by subsequent Acts, be and the same are hereby amended so as to read as follows:

§ 1. Every lot or parcel of concentrated commercial feeding stuffs, as defined in section 2 of this Act, used for feeding live stock or poultry, sold or offered or exposed for sale within this State, shall have affixed thereto, in a conspicuous place on the outside thereof, a plainly printed statement in the English language clearly and truly certifying:

(a) The net weight of the contents of the package, lot or parcel; (b) The name, brand or trade-mark;

(c) The name and principal address of the manufacturer, or the person or persons responsible for placing the commodity on the market;

(d) The minimum per centum of crude protein; the minimum per centum of crude fat; and the maximum per centum of crude fibre; (to be determined by the methods adopted by the Association of Official Agricultural Chemists of the United States).

(e) The specific name of each ingredient used in its manufacture. A copy of said statement shall be filed with the State Food Commissioner during the month of December, of each year, or before any concentrated commercial feeding stuffs is offered for sale, exposed for sale or sold.

If the feeding stuffs is sold in bulk, there shall be placed in a prominent position upon the bin or other container in which such feeding stuffs is contained a placard in large letters of not less than one-half inch in length which shall clearly set forth the requirements contained in sub-sections b, c, d and e of this section, so as to be easily read by customers, or if it is put up in packages belonging to the purchaser, the agent or dealer shall furnish him with a certified statement described in this section.

§ 2. The term "concentrated commercial feeding stuffs," as used in this Act, shall include cottonseed meals, linseed meals, pea meals, bean meals, peanut meals, cocoanut meals, gluten meals, gluten feeds, maize feeds, starch feeds, sugar feeds, sucrene feeds and oil meals of all kinds, dried distillers' grains, wet distillers' grains, dried brewers' grains, wet brewers' grains, malt sprouts, malt refuse, dried beet pulp, dried meat refuse, ground meat or fish scraps, meat and bone meals,

blood meals, tankage, chop feeds, hominy feeds, cereline feeds, rice meals, rice bran, oat middlings, rye bran, rye middlings, corn bran, oat feeds, corn and oat feeds, corn, oat and barley feeds, which are not composed of the whole and entire grains of corn, oats and barley or to which other substances have been added, wheat middlings and wheat bran which contain screenings or other substances, all mixed feeds, except as otherwise provided in section 3 of this Act-clover and alfalfa meals, and any mixture of any of the before mentioned substances with each other or with any other substance, condimental stock and poultry feeds, medicinal stock and poultry feeds consisting of or containing any of the substances included as concentrated commercial feeding stuffs as defined in this section, patented, proprietary or trade marked stock and poultry feeds and all other materials of a similar nature intended for stock or poultry, not included in section 3 of this Act.

That for the purpose of this Act, concentrated commercial feeding stuffs shall be held to be different brands, if said concentrated commercial feeding stuffs shall differ one from the other in one or more ingredients, or if being of similar composition said commercial feeding stuffs are sold, offered for sale or exposed for sale under different names or brands.

§ 3. The term "concentrated commercial feeding stuffs," as used in this Act, shall not include wheat flour and other flours, hays, straws, the whole seeds nor the unmixed meals made directly from and composed of the whole and entire grains of wheat, rye, barley, oats, Indian corn, buckwheat, kaffir corn, milo maize and broom corn, and not containing other substances, neither shall it include pure wheat bran or pure wheat middlings not containing screenings or other substances, but sold separately as distinct articles of commerce, nor pure wheat bran and pure wheat middlings mixed together and not containing screenings or other substances and known to the trade as "mixed feed."

§ 4. Any manufacturer, importer, agent or other person or persons who shall offer for sale, expose for sale, or sell any concentrated commercial feeding stuffs within the meaning of this Act without filing with the State Food Commissioner the statement required by section 1 of this Act, or any concentrated commercial feeding stuffs included in section 2 of this Act without the printed statement required by section 1 of this Act, or with a label or tag stating that the said feeding stuffs contain a larger percentage of either crude protein or crude fat than is actually present therein, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of fifty dollars ($50.00) for the first offense and one hundred dollars ($100.00) for each subsequent offense.

§ 8. Each manufacturer, importer, agent or seller of any concentrated commercial feeding stuffs shall pay annually during the month of December in each year, to the treasurer of the State of Illinois, a license fee of twenty-five dollars ($25.00) for each and every brand of concentrated commercial feeding stuffs offered for sale, exposed for sale or sold. Said treasurer shall in each case at once certify to the State Food Commissioner the payment of such license fee. Each manufacturer, importer, person or persons who has complied with the provisions. of this section shall be entitled to receive a certificate from the State

STATE INSPECTOR OF MASONRY, PUBLIC BUILDINGS AND WORKS. 715

Food Commissioner setting forth said facts. For violation of any of the provisions of this Act the State Food Commissioner shall have the authority to revoke any such license.

It shall be unlawful to offer for sale, expose for sale or sell any concentrated commercial feeding stuffs, unless the manufacturer, importer, agent or seller shall have paid the license fee as herein provided, and whoever shall offer for sale, expose for sale or sell any concentrated commercial feeding stuffs without first securing a license as herein required, shall be guilty of a separate and distinct misdemeanor for each and every sale made without such license, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or the fine may be sued for and recovered before any court of competent jurisdiction in the county where the offense shall have been committed at the instance of the State Food Commissioner or any other person in the name of the People of the State of Illinois as plaintiff in an action of debt: Provided, however, when the manufacturer, importer or shipper of concentrated commercial feeding stuffs shall have filed the statement required by section. 1 of this Act and paid the license fee as prescribed in this section, no agent or seller for such manufacturer, importer or shipper shall be required to file such statement or pay such fee.

In all proceedings or prosecutions brought under this section a certificate from the treasurer of the State of Illinois, stating that the defendant has not paid into the State treasury the license fee required by this section, shall be received in all courts as evidence that such license fee has not been paid.

A certificate in the following form shall be sufficient:
I, ...

..., Treasurer of the State of Illinois,

hereby certify that the records of my office show that..... has not paid the license fee on.

mercial feeding stuffs in December...

since for the year of.......

Given under my hand and seal this...

APPROVED June 25th, 1915.

brand of concentrated com

nor at any time

.day of...

State Treasurer.

STATE INSPECTOR OF MASONRY, PUBLIC BUILDINGS AND

WORKS.

OFFICE OF STATE INSPECTOR CREATED.

§ 1. Office of State Inspector of Masonry, Public § 3. To inspect plans and specification of buildBuildings and Works created-term-sal

ary and expenses.

§ 2. Duties of inspector.

ings to be constructed by State before the same are adopted.

§ 4. Assistant inspectors-Salary.

§ 5. Qualifications of inspector.

(HOUSE BILL No. 185. APPROVED JUNE 28, 1915.)

AN ACT creating the office of State Inspector of Masonry, Public Buildings and Works and prescribing qualifications, duties and compensation.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the office of State Inspector

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