205. State Board of Health, Samples.

SEC. 32. The State Board of Health may submit to the commissioner or any of his assistants samples of food or drink for examination or analysis, and shall receive special reports showing the results of such examination or analysis.

206. State Analyst, Certificate.

SEC. 33. It shall be unlawful for the State analyst or any assistant State analyst to furnish to any individual, firm or corporation any certificate as to the purity or excellence of any article manufactured or sold by them to be used as food or in the preparation of food.

207. Shift or Device.

SEC. 34. The use of any shift or device to evade any of the provisions of this Act shall be deemed a violation of such provision and punishable as herein provided.

208. Master's Liability.

SEC. 35. Whoever shall, by himself or another, either as principal, clerk or servant, directly or indirectly, violate any of the provisions of this Act, shall be guilty of a misdemeanor and punished as herein provided.

209. Penalties, License Fees, Proceeds, Payment.

SEC. 36. All fines, penalties, and all proceeds collected from goods confiscated and sold under the provisions of this Act and other laws relating to dairy and food products, and all license fees collected hereunder, shall be paid into the State treasury.

210. Label, Size of Type.

SEC. 37. The principal label on any package of food, as defined by this Act, shall be printed plainly and legibly in English with or without the foreign label in the language of the country where the product is produced or manufactured and the size of type, if not otherwise described in this Act, shall be not smaller than EIGHT POINT (BREVIER) CAPS: Provided, that in case the size of the package will not permit the use of eightpoint cap type, the size of the type may be reduced proportionately.

211. Rules and Regulations.

SEC. 38. The State food commissioner shall make rules and regulations for carrying out the provisions of this Act, and shall have power to make rules and regulations for the analyzing and reporting the results thereof, of articles submitted for analysis by the State Board of Health, and regulating the analyzing and reporting thereon of samples taken under any law or laws of the United States by any person hereunder, or furnished by any officer or employee charged with the enforcement of the laws of the United States relative to the manufacture, sale or transportation of adulterated, misbranded, poisonous or deleterious foods, dairy products or articles manufactured from dairy products, or liquids.

212. Standard of Purity and Strength.

SEC. 39. 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 (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 in 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 two-tenths (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.).

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. (This and the following section amended by act becoming a law July 12, 1915. L. 1915, p. 700.)

213. Illegal Food, Sale.

SEC. 39a. 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.

214. Eggs.

SEC. 39a1. 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 "yolks 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 thea 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 Director of the Department of Agriculture, 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, yolks, whites, or any mixture of yolks and whites with or without the additions of any other ingredients, shall before engaging in such business, apply to the Director of the Department of Agriculture for a license. Thereupon, the Director of the Department of Agriculture, 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 method and equipment with the sanitary law and the rules and regulations that shall from time to time be established by the Director of the Department of Agriculture, 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 Director of the Department of Agriculture 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 Director of the Department of Agriculture the payment of such fee, and thereupon the Director of the Department of Agriculture 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 Director of the Department of Agriculture.

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 Director of the Department of Agriculture shall at once revoke such offender's license. (Amended by Act approved June 26, 1917, in force July 1, 1917. L. 1917, p. 774.)

24. Preisminary Hearing.

Sec. 49. When it appears from the examination or analysis that the previsions of this Act have been violated, the food commissioner shall cause notice of such fact, together with a copy of the indings, 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 labei as manufacturer, packer, wholesaler. retailer, or other fealer 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 ani place of the hearing. The bearing 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 Ice. 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 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 aliressed to... 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 :ce department is the receipt received by this office for the said notice.

"I hereby certify that

is the chier clerk or clerk) having custody of the records of Inspector's Sample No. in the State Food Commissioner's ofce and that the above. and the attached papers are a true, correct and complete record of the matters therein certifed as appears by the records of my office."

"Given under my hand and seal this.

day of.

State Food Conomiss.INOPS

(This and the following section amended by Act becoming a law July 12, 1915. L. 1915, p. 7...

Sec. 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 hai and obtained therefor: and such prosecution shall at all times be under and within the control of said State's attorney.

216. Penalty.

SEC. 41. Any person convicted of violating any of the provisions of the foregoing Act shall, for the first offense. be punished by dne in sum not less than fifteen (15) dollars, and not more than one hundred (100) dollars. or by imprisonment in the county jail not exceeding thirty days, or by both such fine and imprisonment, in the discretion of the court, and for the second and each subsequent offense by a fine of not less than twenty-five (25) dollars and not more than two hundred (200) dollars, or by imprisonment in the county jail not exceeding one year, or both, in the discretion of the court; or the fine above may be sued for and recovered before any

justice of the peace or any other 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 and shall be recovered in an action of debt. 217. Judgment, Capias, Repeal.

SEC. 42. When the rendition of the judgment imposes a fine as provided in any of the sections of this Act, it shall be the duty of the justice of the peace or other court rendering such judgment also to render a judgment for costs and such justice of the peace or other court shall forthwith issue a capias or warrant of commitment against the body of the defendant, commanding that unless the said fine and costs be forthwith paid the defendant shall be committed to the jail of the county and the constable or other officer, to whose hands said capias or warrant shall come, shall in default of such payment, arrest the defendant and commit him to the jail of the county, thereto remain as provided in section 171 of "An Act to revise the law in relation to criminal jurisprudence," in force July 1, 1885, unless such fines and costs shall sooner be paid.

SEC. 43. All acts and parts of acts inconsistent with this Act are hereby repealed: Provided, that nothing in this Act contained shall be construed as repealing the act entitled, "An Act to regulate the manufacture and sale of substitutes for butter," approved June 14, 1897, in force July 1, 1897, or any part thereof.

AN ACT to prevent the preparation, manufacture, packing, storing, or distributing of food intended for sale, or sale of food, under unsanitary, unhealthful or unclean conditions or surroundings, to create a sanitary inspection, to declare that such conditions shall constitute a nuisance, and, to provide for the enforcement thereof. Approved June 5, 1911, in force July 1, 1911. L. 1911, p. 528.

218. Manufacturing Establishments, Lighting, Draining and Ventilating. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That every building, room, basement, enclosure or premises, occupied, used or maintained as a bakery, confectionery, cannery, packing house, slaughter house, creamery, cheese factory, restaurant, hotel, grocery, meat market, or as a factory, shop, warehouse, any public or place or manufacturing establishment used for the preparation, manufacture, packing, storage, sale or distribution of any food as defined by statute, which is intended for sale, shall be properly and adequately lighted, drained, plumbed and ventilated, and shall be conducted with strict regard to the influence of such conditions upon the health of the operatives, employees, clerks, or other persons therein employed, and the purity and wholesomeness of the food therein produced, prepared, manufactured, packed, stored, sold or distributed.

219. Unsanitary Condition Defined.

SEC. 2. The floors, side walls, ceilings, furniture, receptacles, implements and machinery of every such establishment or place where such food intended for sale is produced, prepared, manufactured, packed, stored, sold or distributed, and all cars, trucks, and vehicles used in the transportation of such food products, shall at no time be kept or permitted to remain in an unclean, unhealthful or unsanitary condition; and for the purpose of this Act, unclean, unhealthful and unsanitary conditions shall be deemed to exist if food in the process of production, preparation, manufacture, packing, storing, sale, distribution or transportation is not securely protected from flies, dust, dirt, and as far as may be necessary, by all reasonable means, from all other foreign or injurious contamination; or if the refuse, dirt or waste products subject to decomposition and fermentation incident to the manufacture, preparation, packing, storing, selling, distributing, or transportation of such food are not removed daily, or if all trucks, trays, boxes, buckets or other receptacles, or the chutes, platforms, racks, tables, shelves, and knives, saws, cleavers or other utensils, or the machinery used in