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Read by title, ordered printed and referred to Committee on Manufactures.

A BILL

For 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.

Be it enacted by the people of the State of Illinois, represented in the General Assembly:

SECTION 1. Provision for Appointment of a State Food Commissioner and His Assistants, and for the Establishment of a State Food Department-That the Governor shall appoint a Commissioner who shall be known as the State Food Commissioner, who shall be a citizen of the State of Illinois, and who shall hold his office for the term of four years and until his successor is appointed and qualified, and who shall receive a salary of twenty-five hundred dollars per annum and his necessary expenses incurred by him in the discharge of his official duties, and who shall be charged with the enforcement of all laws that now exist or that 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 said Commissioner is hereby authorized to appoint

a secretary whose salary shall be $1,800 per year, and with the advice and consent of the Governor, two assistant commissioners, one of whom shall be an expert dairyman and one of whom shall be an expert analytical chemist, and who shall be known as the State Analyst, each of whose salaries shall be $2,500 per annum and expenses incurred in the discharge of official duties. Said Commissioner shall also have power to appoint seven assistant chemists, who shall each be expert analytical chemists, and whose salaries shall each be a sum not exceeding $1,500 per year, and the said Commissioner may from time to time appoint such other assistant chemists as may be necessary, who shall be expert analytical chemists, and shall be allowed a salary of $100 per month for such time as they may be employed, and said Commissioner shall have authority to appoint not to exceed twenty-five inspectors to be paid at the rate of $100 per month each and the necessary expenses incurred in the performance of their duties; and said Commissioner shall

have power to appoint such counsel as he may need from time to time, not exceeding three attorneys at one time, who shall receive as compensation the sum of $1,500 per annum and necessary expenses incurred in the discharge of their duties.

The sum of one hundred and twenty-five thousand dollars annually is hereby appropriated to be paid for the execution of the dairy and food laws out of any money not otherwise appropriated. All charges, accounts and expenses authorized by this Act shall be paid by the State Treasurer upon warrants of the State Auditor to be issued on accounts to be rendered to and approved by the Governor, and shall be paid at the end of each month.

The said Commissioner shall make annual reports to the Governor, not later than the 15th day 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 establish and maintain an office and laboratory where the business of said department may be conducted. This section shall not affect the term of office of the present Commissioner, and he shall be regarded as having been appointed under the provisions of this Act.

SEC. 2. Power of Commissioner, Assistants and Inspectors Making Inspection-The said Commissioner, Assistant Commissioners and such Inspectors, Agents, Chemists and Counsel shall be duly authorized for the purpose, and shall have access, ingress and egress to and from all places of business, factories, farms, buildings, carriages and cars used in the manufacture, transportation or sale of any article of food as defined in this Act, and also into restaurants, dining halls, cafes, hotels and all rooms thereof, and all other places where food is prepared, stored or served to patrons. They shall also have power and authority to open any package, can or vessel containing or supposed to contain any article manufactured, sold or exposed for sale, or held in possession with intent to sell, in violation of the provisions of this Act or laws that now exist or that may hereafter be enacted in this State, and may inspect the contents thereof, and may take samples therefrom for analysis. All dealers, clerks, bookkeepers, express agents, railroad officials, employes or common carriers shall render to them all the assistance in their power, when so requested, in tracing, finding or discovering the presence of any article prohibited by law, and in securing samples thereof as herein provided for.

SEC. 3. Refusal to Assist Inspector Misdemeanor-Any refusal or neglect on the part of such dealers, clerks, bookkeepers, express agents, railroad officials, employes or common carriers to render such friendly aid, or to furnish such sample for analysis, as provided for in section 2 of this Act, shall be deemed a misdemeanor and shall be punished as hereinafter provided.

SEC. 4. Sealing and Transmitting Samples-The person taking such sample, as provided for in section 2 of this Act, shall mark or seal such sample with a paper seal or otherwise, and shall write his name thereon and number said sample so as to properly identify the same, and shall tender to the manufacturer or vendor of such article or product, or the person in whose control or possession such article or product may be at the time the same is taken, 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 the same is taken, seal with paper seals or otherwise two samples of the article taken, on each of which said samples, or on the seals placed thereon, shall be placed the name of the person taking said sample and also the number above provided for, the one of which samples shall be delivered to the person from whom the same is taken, and the other shall be taken by the person so procuring the same to the State Analyst or other competent person appointed for the purpose of making examinations or analyses of samples so taken: Provided, That the person procuring said sample may securely pack and box said sample and send the same to the State Analyst, or other competent person appointed hereunder for the purpose of making examinations or analyses of samples, and his testimony that he did procure the samlpes and that he sealed and numbered the same as herein provided, and that he wrote his name thereon and that he packed and boxed said sample and sent the same to the State Analyst, or other competent person appointed hereunder, to analyze such sample and the

testimony of the person to whom said sample is addressed that he received said box or package in apparent good order; that said sample was sealed and that the number and name of the sender, as herein provided for, was on said sample, and that the seal at the time the same was received was unbroken, shall be prima facie evidence that the sample so received is the sample that was sent, and that the contents thereof are the same and in the same condition as at the time the person so procuring said sample parted with the possession thereof, and the testimony of said two witnesses as above shall be sufficient to make such prima facie proof.

SEC. 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 or misbranded within the meaning of this Act; and 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.

SEC. 6. Possession Misbranded or Adulterated Articles Prohibited-The having in possession of any article of food or drink which is misbranded or adulterated with intent to sell the same is hereby prohibited, and whoever shall have in his possession with intent to sell, sell or offer for sale any article which is adulterated or misbranded within the meaning of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as hereinafter provided. Proof that any person, firm or corporation has or had possession of any article which is adulterated or misbranded shall be prima facie evidence that the possession thereof is in violation of this section.

SEC. 7. Term Food Defined-The term "food" as used herein shall include all articles used for food, drink, confectionery or condiment by man or other animals, whether simple, mixed or compound, and any substance used as a constituent in the manufacture thereof.

SEC. 8. Standard of Purity and Strength-In the enforcement of this Act, and in the construction thereof, the following named articles of food-stuffs, 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 and one-quarter (3.25) per cent of milk fat and not less than eight and onehalf (8.5) per cent of solids, not fat.

Condensed Milk and Sweetened Condensed Milk shall contain not less than twenty-eight (28) per cent of milk solids and one hundred (100) per cent of such milk solids shall contain not less than twenty-seven and five-tenths (27.5) per cent of milk fat.

Cream shall contain not less than eighteen (18) per cent of milk fat.

Butter shall contain not less than eighty-two and one-half (82.5) per cent of milk fat and not more than sixteen (16) per cent of water.

Cheese shall contain not less than fifty (50) per cent of milk fat in the water free substance.

Ice Cream shall contain not less than fourteen (14) per cent of milk fat.

Nut and Fruit Ice Cream shall contain not less than twelve (12) 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.

Maple Syrup shall contain not more than thirty-two (32) per cent of water and not less than forty-five hundredths (0.45) per cent of maple syrup ash.

Honey is laevo-rotary, contains not more than twenty-five (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 non-volatile ether extract, not less than twenty-five (25) per cent of pepper starch, not 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 hundred and forty-six hundred and sixty ten thousandths (1.4660) and not exceeding one ond 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 Vinegars shall contain not less than one and sixtenths (1.6) grams of apple solids, and not less than twentyfive hundreds (0.25) grams of apple ash in one hundred (100) cubic centimeters (20° C.).

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.).

Malt Vinegar shall contain in one hundred (100) cubic centimeters (20° C.) not less than two (2) grams of solids and not less than two-tenths (0.2) gram of ash.

Provided, That nothing in this section shall be construed to prevent the sale of any wholesome food product which varies from such standards, if such article of food be labeled so as to clearly indicate such variation.

Articles of foodstuffs not above named or expressly defined in any other parts of this Act shall, when offered or exposed for sale or sold, conform to the analytical requirements set opposite each respectively in the last edition of the United States Pharmacopoeia, or the last edition of the United States dispensatory, and shall be manufactured of and composed of materials therein provided and none other.

SEC. 9. Defines Adulteration-That for the purpose of this Act an article shall be deemed to be adulterated:

In the case of confectionery, if it contains terra alba, barytes, talc, chrome yellow, or other mineral or poisonous substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt or spiritous liquor or compound or narcotic drug.

In the 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.

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 contain 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 manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise, and directions for the removal of said preservative 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, hydroflouric acid, boracic 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.

SEC. 10. 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 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 of such products which are falsely branded as to the state, territory or county in which it is manufactured or produced. That for the purpose of this Act an article shall be deemed 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 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 the 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 eucane, chloroform, cannabis indica, chloral hydrate or acetanilid, or any derivative or preparation of any such substances contained therein.

Third-If in 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 or 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 the following

cases:

First-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, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same lebel or brand with a statement of the place where said article has been manufactured or produced.

Second-In the 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 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 insofar as the provisions of this Act may require to secure freedom from adulteration or misbranding.

SEC. II. Confiscation and Condemnation of Misbranded or Adulterated Foods-Any article of food or drink or liquor that is adulterated within the meaning of this Act, and is being sold or offered for sale within the State of Illinois, shall be liable to be proceeded against in any circuit court, or the Superior Court of Cook County, or the municipal court of any city, or before any justice of the peace within whose jurisdiction the same may be found, and seized for confiscation by process of law by condemnation. And if such article is condemned as being adulterated or misbranded, or of a poisonous or deleterious character within the meaning of this Act, the same shall be disposed of by destruction or sale as the said court 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 and credited to the fund of the State Food Commission, to be used in the enforcement of the State food laws, but such goods shall in no instance be sold contrary to the provisions of this Act.

SEC. 12. Vinegar to be Branded-All vinegar other than cider 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," and shall not be colored in imitation of cider vinegar. All vinegar shall be made wholly from the fruit 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.

SEC. 13. Fruits, Jellies and Jams-No person shall, by himself or another, either as principal, clerk or servant, dis rectly or indirectly, 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 imitation fruit, jelly, jam or fruit butter, or other similar compound, made or composed in whole or in part of glucose, dextrine, starch or other substances 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, fruit, jam or fruit butter sold, offered for sale, or kept for sale in this State shall be distinctly and durably labeled in a conspicuous place immediately preceding the name of the article sold with the word "imitation" preceding the name of the fruit, jelly, jam or fruit butter the article is intended to imitate: Provided, Any fruit, jelly, jam or fruit butter containing no foreign ingredient other than glucose may be labeled and sold as "glucose (or corn syrup) jelly,” "fruit," "jam" or "fruit butter," as the case may be, to conform in name to the fruit or fruits used in its preparation.

SEC. 14. Extracts to be Labeled-Extracts made of more than one principal must be labeled in a conspicuous manner with the name of each principal, or else with the name of the inferior or adulterant, and in all cases when an extract is labeled with two or more names such names must be in a conspicuous place on said label, and in no instance shall such mixture be called imitation, artificial or compound, and the name of one of the articles used shall not be given greater prominence than another: Provided, That all extracts which can not be made from the fruit, berry, bean or other part of the plant, and must necessarily be made artificially, as raspberry, strawberry, etc., shall be labeled "imitation" in letters similar in size and immediately preceding the name of article: Provided further, That prepared cocoanut, containing nothing other than cocoanut, sugar and glycerine, shall be labeled as prepared cocoanut, and when so made need not be labeled "compound" or "mixture."

SEC. 15. Baking Powder-How Labeled-No person by himself, his servant, or his agent, or as the servant of any other person, shall, first, make or manufacture baking powder or any other mixture or compound intended for use as baking powder; second, or sell, exchange, deliver, or offer for sale, or exchange, such baking powder or any mixture or compound intended for use as baking powder, unless the same shall contain not less than ten (10) per cent available carbon dioxide, and unless the common names of all the ingredients be printed on the label.

SEC. 16. Adulterated or Spiritous, Malt or Vinous Liquors Prohibited-No person shall within this state, by himself, his servant or agent, or as a servant or agent of any other person or corporation, manufacture, brew, distill, have or offer for sale, or sell any spiritous or fermented or malt liquor, containing any drug, substance or ingredient not healthful or not normally existing in said spiritous, fermented or malt liquor, or which may be deleterious or detrimental to health when such liquors are used as a beverage, and the following drugs, substances or ingredients shall be deemed to be not healthful or not normally existing in spiritous, fermented or mait liquor, and shall be deemed to be deleterious or detrimental to health, when contained in such liquors, to-wit: Cocculus indicus, chloride of sodium, copperas, opium, cayenne pepper, picric acid, Indian hemp, strychnine, arsenic, tobacco, darnel seed, extract of logwood, salts of zinc, copper or lead, alum, methyl alcohol and its derivatives, and any extracts or compound of any of the above drugs, substances or ingredients, and any person violating any of the provisions of this Act shall be deemed guilty of a misdemeanor.

SEC. 17. Mutilating Label Prohibited-Whoever shall deface, change, erase or remove any mark label or brand provided for by this Act with intent to mislead, deceive or to violate any of the provisions of this Act, shall be held liable to the penalties of this Act.

SEC. 18. Sale of Unclean or Unwholesome Milk for Consumption Prohibited-No person, firm or corporation shall offer or expose for sale, or sell or deliver to any person, firm or corporation, creamery or cheese factory, or have in his possession with intent to sell, any unclean, impure, unhealthful, unwaciesome, or adulterated milk or cream, or any milk or cream which has not been well cooled and aerated, or to which water or any other foreign substance of any kind has been added: Provided, That nothing in this section shall be construed to prevent the sale of skim milk to factories engaged in the manufacture of skim milk products, nor the sale of skim milk under the provisions of section 23 of this Act.

SEC. 19. Premises and Utensils to be Clean-All premises, cans, bottles and utensils, employed or used in the production, transportation, sale or delivery of milk or cream for consumption, or employed or used in the manufacture or sale of any food products, shall be kept in a clean and sanitary condition, and no person shall sell, offer for sale, or have in his possession with intent to sell, any milk, cream, or other food product, not manufactured, transported and offered for

sale under such clean and sanitary conditions. The Commissioner, or other person duly appointed by him, shall have power, when inspecting such cans, bottles and utensils, used in the production, transportation, manufacture or sale of milk, cream or other food product, to order the use of any such can, bottle or other utensil, which is in an unclean or insanitary condition, discontinued until such can, bottle or other utensil be thoroughly cleaned and put in sanitary condition; and such person so inspecting such cans, bottles and other utensils, shall have power to brand, mark or tag such can, bottle or other utensil with the words, "This (can, bottle or utensil) is unfit to contain (human food, milk or cream)" as the case may be; and any person who shall erase, change, remove, conceal or obliterate any such brand, mark or tag, except for the purpose of properly cleaning and putting such can, vessel or utensil in a sanitary condition, shall be guilty of a misdemeanor and be subject to the penalties hereinafter provided.

SEC. 20. Persons Receiving Milk to Wash Cans—Any person, firm or corporation who receives any milk or cream in cans, bottles or vessels, which has been transported over any railroad, or boat line, where such cans, bottles or vessels are to be returned, shall cause the said cans, bottles or vessels to be emptied before the said milk or cream contained therein shall become sour, and shall cause said cans, bottles or vessels to be immediately washed and thoroughly cleansed and aired.

SEC. 21. Milk Cows-How Kept-No person, firm or corporation shall keep cows for the production of milk in a crowded condition, or in stables which are not properly ventilated, or which are filthy from an accumulation of animal refuse or from any other cause. Nor shall milk for food purposes be drawn from cows which are themselves in a condition of filth or uncleanness, or from cows which are affected with tuberculosis, running sores, or any other form of disease, or from cows which are fed either wholly or in part upon distillery waste, or brewery grains, or the waste of vinegar, or that of sugar factories, not properly dried, or upen any other form of food which will produce milk which is unhealthful or unwholesome, or from cows within fifteen days before and five days after parturition; and all milk thus produced is hereby declared to be unclean, impure, unhealthful and unwholesome milk, and any milk to which water or any other foreign substance has been added, or from which any part of the milk commonly known as "strippings" has been withheld, or which has been deprived either wholly or in part of any constituent naturally or normally contained in milk, is hereby declared to be adulterated milk. This section shall not be construed to prevent the feeding or ensilage from silos. The having in possession by any person, firm or corporation producing milk for market, or or sale or exchange, or for manufacturing the same into articles of food, of distillery waste or brewery grains, or the waste of vinegar, or that of sugar factories not dried as aforesaid, or any other form of food which will produce milk which is unhealthful or unwholesome, shall be considered for the purpose of this Act as prima facie evidence of an intent to use the same contrary to the provisions of this Act. SEC. 22. Not to Manufacture Food From Impure or Unclean Milk or Cream-No person, firm or corporation shall manufacture from, unclean, impure, unhealthful or unwholesome milk, or from cream from the same, any article of food.

SEC. 23. Sale of Skim Milk-Cans—How Labeled-No person, firm or corporation shall sell, or expose for sale, or have in his possession with intent to sell, in any store or place of business, or on any wagon or other vehicle used in transporting milk from which cream has been removed, or milk commonly called “skim milk," without first marking the can, vessel or package containing said milk with the words "Skim Milk" in large letters, each letter at least three-fourths of one inch high and one-half inch wide; said words shall be on the top or side of said can, vessel or package where they can be easily seen.

SEC. 24. Instruments for Measuring Milk and Cream Standards-The State standard milk measures or pipettes shall have for milk a capacity of seventeen and six-tenths cubic centimeters, and the State standard test tubes or bottles for milk shall have a capacity of two cubic centimeters of mercury at a temperature of sixty degrees Fahrenheit between "zero" and ten on the graduated scale marked on the necks thereof. For cream, eighteen grams shall be used, and the standard test tubes or bottles for cream shall have a capacity of six cubic centimeters of mercury at a temperature of sixty degrees Fahrenheit between "zero" and thirty on

the graduated scale marked on the necks thereof, and it is hereby a misdemeanor to use any other measure, pipette, test tube or bottle to determine the per cent of butter fat where milk or cream is purchased by, or furnished to creameries or cheese factories, and where the value of said milk or cream is determined by the per cent of butter fat contained in the same. Any manufacturer, merchant, dealer or agent in this State who shall offer for sale or sell a cream or milk, pipette or measure, test tube or bottle which is not correctly marked or graduated, as herein provided, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in this Act.

SEC. 25. Underreading Babcock Test Prohibited-I shall be unlawful for the owner, manager, agent or any employe of a creamery or cheese factory to manipulate or underread the Babcock test, or any other contrivance used for determining the quality or value of milk, or to falsify the record thereof, or to pay for such milk on the basis of any measurement except the true measurement as thereby determined.

SEC. 26. Sale of Preservatives Prohibited-No person. firm or corporation shall manufacture for sale, advertise, offer or expose for sale, or sell, any mixture or compound intended for use as a preservative or other adulterant of milk, cream, butter or cheese, nor shall he manufacture for sale, advertise, offer or expose for sale, or sell any unwholesome or injurious preservative or any mixture or compound thereof intended as a preservative of any food: Provided, however, That this section shall not apply to pure salt added to butter and cheese.

SEC. 27. Milk Dealers in Cities and Villages Over 1,000 to Take Out Licenses-Every person, firm or corporation, before selling milk or offering it for sale, or having it in his possession with intent to sell, in a store, booth, stand, creamery, cheese factory or any other place, and whoever by hmself or his agents conveys milk in carriages, carts or other vehicles, or in any manner, for the purpose of selling the same at retail, or in any city or village of 1,000 inhabitants or more, shall annually on the first day of May, or within thirty days thereafter, be licensed by the State Food Commissioner to sell milk within the limits of said city or village, and shall pay to the said State Food Commissioner the sum of one dollar for each and every carriage, cart or other vehicle thus employed, said moneys to be used in enforcing the provisions of this Act. Licenses shall be used only in the names of the owners of carriages, carts or other vehicles, and shall for the purposes of this Act be prima facie evidences of ownership. All licenses shall record the name, residence, place of business, number of carriages, carts, or other vehicles used (where more than one is employed), the name and residence of any driver or other person engaged in selling or delivering said milk, the number of the carriage, cart or other vehicle, if he has more than one, and the number of license. Each licensee shall before engaging in the sale of milk cause his name, the number of his license, and the number of the carriage, cart or other vehicle, if he has more than one, and his place of business, to be legibly placed on each outer side of all carriages, carts or other vehicles used by him in the conveyance or sale of milk, and he shall report to the State Food Commissioner any change of driver, or other person employed by him, which may occur during the term of his license. Any person not keeping more than one cow shall in the sale of milk therefrom be exempt from the provisions of this section.

SEC. 28. License Revoked-The Commissioner may withhold a license from any applicant therefor, who prior to application for such license shall have been convicted of violating any of the food laws of this State, and may revoke any license issued by him to an owner who shall be convicted of violating the law with reference to the production, manufacture or sale of milk or products thereof, and every conviction of the licensee for an offense punishable under this Act shall be sufficient ground for such revocation.

SEC. 29. Coloring Grain-No person shall, by himself or another, either as principal, clerk or servant, directly or indirectly, subject or cause to be subjected any barley, wheat or other grain to fumigation, by sulphur or other material or to any chemical or coloring process whereby the color, quality or germ of such grain is affected.

SEC. 30. Fumigated Grain Not to Be on Sale-No person shall, by himself or another, either as principal, clerk or servant, directly or indirectly, offer for sale, sell or procure to be sold, any barley, wheat or other grain, which shall have been subjected to such fumigation or other process as forbidden by section twenty-nine of this Act.

SEC. 31. Prohibits Sale of Veal from Calves Less Than

Four Weeks Old-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 all such meat exposed for sale, or kept with intent to sell, may be seized and destroyed by the Commissioner, or any of his assistants, or any health officer, or any sheriff or deputy sheriff, constable or police officer.

SEC. 32. Illegal Lard-No person shall within this State, manufacture for sale, have in his possession with intent to sell, offer or expose for sale, or sell, as lard, any substance not the legitimate and exclusive product of the fat of the hog.

SEC. 33. Lard Substitute-No person shall manufacture for sale within this State, or have in his possession with intent to sell, offer or expose for sale, or sell as lard, or as a substitute for lard, or as an imitation of lard, any mixture or compound which is designed to take the place of lard, and which is made from animal or vegetable oils or fats other than the fat of the hog, or any mixture or combination with animal or vegetable oils or fats, unless the tierce, barrel, tub, pail or package containing the same shall be distinctly and legibly branded or labeled, in letters not less than one inch in length, with the name of the person, firm or corporation making the same, together with the location of the manufactory, and the words "Lard Substitute" or "Adulterated Lard" as the case may be.

SEC. 34. Person Selling Imitation or Substitue for Lard to Inform Purchaser-It shall be unlawful to sell or offer for sale any "Lard Substitute" or "Adulterated Lard," as herein defined, 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 "Lard Substitute" or "Adulterated Lard" as the case may be.

SEC. 35 Butter or Cheese When Sold to Be Exclusive Product of Milk or Cream-No person by himself or agents or servants shall manufacture for sale, have in his possession with intent to sell, offer or expose for sale, or sell as butter or as cheese, any substance not the exclusive and legitimate product of milk or cream.

SEC. 36 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 and cream shall not be construed to render such product an imitation.

SEC. 37. 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 a 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 for the same. No person shall, by himself or his agents or employes, 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.

SEC. 38. 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

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