THE COLISEUM BUILDING, CHICAGO Where the International Pure Food Exposition will be Held, Nov. 19th to 25th 1907. Sold under guarantee which has been filed with the Secretary of Agriculture, Washington, D. C., under number 1031. 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 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 twentyfive 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 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 dollars ($15.00) per day and necessary expenses incurred during the time employed in the discharge of their duties. The said Commissioner is hereby authorized to appoint with the advice and consent of the Governor, one Attorney, who shall be the Attorney for the Commission; one Chief Dairy Inspector who shall be a practical Dairyman; one Chief Analytical Chemist who shall be known as the State Analyst; one Secretary, each of whose salaries shall be $1,800.00 per annum and expenses incurred in the discharge of official duties. Said Commissioner shall also have authority to appoint three assistant analytical chemists, two whose salary shall be $1,500.00 each per year, and one whose salary shall be $1,200.00 per year, and said Commissioner shall have authority to appoint not to exceed ten (10) Inspectors to be paid at the rate of $100.00 per month each, and the necessary expenses incurred in the performance of their duties, three stenographers at $900.00 per annum each; and one assistant c'erk at $900.00 per annum. The said Commissioner shall also have power to appoint such assistant experts as he may need from time to time to be designated as consulting State experts, who shall receive as compensation the sum of $15.00 per day and necessary expenses incurred in the discharge of their duties to be paid from the Department expense. The sum of Twenty-Nine Thousand Five Hundred Dollars ($29,500.00) is hereby appropriated per annum to be paid for the execution of the Dairy and Food Laws, for the following purposes, to-wit: salaries; one Commissioner, $2,500.00; one Attorney, $1,800.00; one Chief Dairy Inspector, $1,800.00; one Chief Analyst, $1,800.00; one Secretary, $1,800.00; two Assistant Analytical Chemists, $3.000.00; one Assistant Analytical Chemist, $1,200.00; ten Inspectors, $12,000.00; three stenographers, $2,700.00; and one Clerk, $900.00. All expenses authorized by this act shall be paid by the State Treasurer upon warrants of the State Audi tor. 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 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. Section 2. POWER OF COMMISSIONER. AND INSPECTORS MAKING INSPECTION-The State Food Commissioner, and such inspectors and agents as shall be duly authorized for the purpose, when and as often as they may deem it necessary, shall examine the raw materials used in the manufacture of food products and determine whether any filthy, decomposed or putrid substance is used in their preparation. They may also examine all premises, carriages or cars where food is produced, prepared, transported, stored, or served to patrons, for the purpose of ascertaining their sanitary condition and examining and taking samples of the raw materials and finished products found therein; but nothing in this Act shall be construed as permitting such officers to inquire into, or examine methods or processes of manufacture, or requiring or compelling proprietors, or manufacturers, or packers of proprietary or other food products. to disclose trade rights, or secret processes, or methods of manufacture. Said Commissioners, inspectors and agents 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. The employes of railroads, express companies. or cther common carriers, shall render to them all the assistance in their power, when so requested, in tracing, finding or disclosing the presence of any article prohibited by law, and in securing samples thereof as herein provided for. Section 3. REFUSAL TO ASSIST INSPECTOR A MISDEMEANOR.-Any refusal or neglect on the part of such employes of railroads, express companies or other 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. Section 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 at the same time give notice that said sample was obtained for the purpose of examination by the State Food Commission, and 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 another like sample of the article taken, on which said sample, or on the seal placed the name of the person taking said sample and also the number above provided for, one of which said 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, and the person taking such samples shall tender to the manufacturer or vender of such article or product, or the person in whose control or possession such article or product may be at the time the samples are taken, the value thereof: 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 samples. 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 samples 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. Section 5. MANUFACTURING ADULTER |