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.

245. Branding.

SEC. 3. Every person who lawfully manufactures any substances designed to be used as a substitute for butter, shall mark by branding, stamping or stenciling upon the top and side of each box, tub, firkin or other package in which such article shall be kept and in which it shall be removed from the place where it is produced, in a clear and durable manner, in the English language, the word "oleomargarine," or the word "butterine," or the words "substitute for butter," or the words "imitation butter," in printed letters in plain Roman type, each of which shall not be less than threequarters of an inch in length.

246. Notice to Purchaser.

SEC. 4. It shall be unlawful to sell or offer for sale any imitation butter 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 imitation butter.

247. Shipment, Marking.

SEC. 5. No person, by himself or others, shall ship, consign or forward by any common carrier, whether public or private, any substance designed to be used as a substitute for butter unless it shall be marked or branded on each tub, box, firkin or jar, or other package containing the same, as provided in this Act, and unless it be consigned by the carriers and receipted for by its true name: Provided, that this Act shall not apply to any goods in transit between foreign states across the State of Illinois.

248. Unmarked Package, Possession.

SEC. 6. No person shall have in his possession or under his control any substance designed to be used as a substitute for butter, unless the tub, firkin, jar, box or other package containing the same be clearly and durably marked, as provided in this Act: Provided, that this section shall not be deemed to apply to persons who have the same in their possession for the actual consumption of themselves [or] their families. Every person who shall have possession or control of any imitation butter for the purpose of selling the same, which is not marked as required by the provisions of this Act, shall be presumed to have known during the time of such possession or control the true character and name, as fixed by this Act, of such product.

249. Unmarked Substance, Intention.

SEC. 7. Whoever shall have possession or control of any imitation butter or any substance designed to be used as a substitute for butter, contrary to the provisions of this Act, for the purpose of selling the same, or offering the same for sale, shall be held to have possession of such property with intent to use it in violation of this Act.

250. Actions, Parties.

SEC. 8. No action shall be maintained on account of any sale or contract made in violation of, or with intent to violate, this Act, by or through any person who was knowingly a party to such wrongful sale or contract.

251. Removing Marks.

SEC. 9. Whoever shall deface, erase or remove any mark provided by this Act, with intent to mislead, deceive, or to violate any of the provisions of this Act, shall be guilty of a misdemeanor.

252. Penalty, Prosecutions.

SEC. 10. Whoever shall violate any of the provisions of this Act shall be punished by a fine of not less than fifty nor more than two hundred dollars, or by imprisonment in the county jail not to exceed sixty days for each

offense, or by both fine and imprisonment, in the discretion of the court, or the fine alone may be sued for and recovered before any justice of the peace in the county where the offense shall be committed, at the instance of any person in the name of the People of the State of Illinois as plaintiff.24

SEC. 11. It is hereby made the duty of the State's attorney of each county in this State to prosecute all violations of this Act upon complaint of any person, and there shall be taxed as his fees in the case the sum of ten dollars ($10), which shall be taxed as costs in the case.

AN ACT relating to the manufacture of butterine and ice cream. Approved June 3, 1907, in force July 1, 1907. L. 1907, p. 309.

253. Butterine and Ice Cream Factories, Drainage, Air Shafts, Etc.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all buildings or rooms occupied by butterine and ice cream manufacturers shall be drained and plumbed in a manner conducive to the proper and healthful sanitary condition thereof, and shall be constructed with air shafts, windows and ventilating pipes sufficient to insure ventilation. The factory inspector shall direct the proper drainage, plumbing and ventilation of such rooms or buildings. No cellar or basement now used for the manufacture of butterine or ice cream shall be so occupied or used unless the proprietor shall comply with the sanitary provisions of this Act.

254. Furniture and Utensils, Storage.

SEC. 2. Every room used for the manufacture of butterine and ice eream shall be at least eight feet in height, and shall have, if deemed necessary by the factory inspector, an impermeable floor, constructed of cement, or of tiles laid in cement, or an additional flooring of wood, properly saturated with linseed oil. The side walls of such room shall be plastered and wainscoted. The factory inspector may require the side walls and ceiling to be whitewashed at least once in three months. He may also require the woodwork of such walls to be painted. The furniture and utensils shall be so arranged as to be readily cleansed, and not prevent the proper cleaning of any part of the room. The manufactured butterine and ice cream shall be kept in dry and airy rooms, so arranged that the floors, shelves and all other facilities for storing the same can be properly cleaned. No domestic animal shall be allowed to remain in a room where butterine or ice cream is manufactured or stored, and no water closets or ash pit shall be within or connected with the rooms used in the manufacture of butterine or ice cream.

255. Inspection, Certificate.

SEC. 3. The State Factory Inspector shall cause such manufactories to be inspected. If it be found, upon such inspection, that the manufactories so inspected are constructed and conducted in compliance with the provisions of this Act, the factory inspector shall issue a certificate to the persons owning or conducting such manufactories.

256. Alterations, Notice.

SEC. 4. If, in the opinion of the State Factory Inspector, alterations are required in or upon premises occupied and used as butterine and ice cream manufactories, in order to comply with the provisions of this Act, a written notice shall be served by him upon the owner, agent, or lessee of such premises, either personally or by mail, requiring such alterations to be made within sixty days after such service, and such alterations shall be made accordingly.

257. Penalties.

SEC. 5. Any person who violates any of the provisions of this Act, or refuses to comply with any of the requirements as provided herein, of the factory inspector or his deputy, who are hereby charged with the enforce

24 Prosecutions under this act are not dependent upon a compliance with section 4 of the Pure Food Law; the two acts not being in

pari materia. People v. Anderson Tea Co. (1913), 178 Ill. App. 124, 126.

ment of this Act, shall be guilty of a misdemeanor, and, on conviction shall be punished by a fine of not less than fifty dollars, ($50.00) nor more than two hundred dollars ($200.00), nor more than five hundred dollars ($500.00) for the second offense, or imprisonment for not more than thirty days, and for a third offense by a fine not less than five hundred dollars ($500.00) nor more than sixty (60) days' imprisonment, or both.

AN ACT to prevent frauds in the coloring of grain. Approved May 25, in force July 1, 1887. Laws 1887, p. 91.

258. Grain, Coloring.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That no person shall 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.

259. Colored Grain, Sale.

SEC. 2. No person shall offer for sale, or procure to be sold, any barley, wheat, or other grain, which shall have been subjected to such fumigation, or other process, as provided in section one (1) of this Act, knowing such barley, wheat, or other grain to have been so subjected.

260. Violation, Penalty.

SEC. 3. Any person violating the provisions of this Act, shall, upon conviction, be punished by fine of not less than one hundred ($100) dollars, nor more than one thousand ($1,000) dollars, and imprisonment not exceeding three months in the county jail, and shall also be liable for all damages sustained by any person injured by such violation.

261. Prosecution, Jurisdiction, Fines.

SEC. 4. Any court of record shall have jurisdiction over this Act, and all fines under this Act, shall be collected as the statute provides in other criminal cases.

AN ACT to protect the public from imposition in relation to canned or preserved food. Approved June 27, in force July 1, 1885. Laws 1885, p. 207.

262. Canned Goods, Labeling, Packer Defined.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That it shall hereafter be unlawful in this State for any packer or dealer in preserved or canned fruits and vegetables or other articles of food to offer such canned articles for sale after January 1, 1886, with the exception of goods brought from foreign countries, or packed prior to the passage of this Act, unless such articles bear a mark to indicate the grade or quality, together with the name and address of such firm, person or corporation that pack the same or dealer who sells the same. The firm, person or corporation labeling such goods shall be considered the packer or packers.

263. Soaked Goods, Branding.

SEC. 2. That all soaked goods put up from products dried before canning shall be plainly branded on the face of the label, in letters not less than one-half inch high and three-eights inch wide of solid and legible type the word "soaked."

264. Violation, Penalty.

SEC. 3. Any person, firm or corporation, who shall falsely stamp or label such cans or jars containing preserved fruit or food of any kind, or knowingly permit such false stamping or labeling, and any person, firm or corporation who shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanor, and punished with a fine of not less than fifty dollars ($50), in the case of vendors, and in the case of manufacturers and those falsely or fraudulently stamping or labeling such cans or jars a fine of not less than five hundred dollars ($500) nor more than one thousand

dollars ($1,000), and it shall be the duty of any board of health in this State cognizant of any violation of this Act to prosecute any person, firm or corporation, which it has reason to believe has violated any of the provisions of this Act, and after deducting the costs of the trial and conviction, to retain for the use of such board the balance of the fine or fines recovered. 25 AN ACT to regulate the sale of veal. Approved June 16, 1887, in force July 1, 1887. L. 1887, p. 307.

265. Calves under Four Weeks Old, Penalty.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That if any person kills, or causes to be killed, for the purposes 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 any calf killed when less than four weeks old, he shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five dollars, nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days, or by both fine and imprisonment; and all such meat exposed for sale, or kept with intent to sell, may be seized and destroyed by any health officer, or any sheriff, or deputy sheriff, constable or police officer.

AN ACT to provide for the inspection of any animal intended for human food, appearing to be diseased, and for the disposition of the carcass. Filed May 27, 1907, in force July 1, 1907. L. 1907, p. 7.

266. Animal Inspection.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That for the purpose of preventing the use of meat or meat food products for human food which are unsound, unhealthful, unwholesome or otherwise unfit for human food, the Board of Live Stock Commissioners may, at their discretion, make or cause to be made, by the State veterinarian, of his assistants, or any duly authorized live stock inspector in the employ of the State of Illinois, an examination of any animal intended for human food which he or they believe is afflicted with any contagious or infectious disease, or any disease or. ailment which would render the carcass of said animal unfit for human food.

267. Killing of Diseased Animals, Disposition.

SEC. 2. In event any animal shall be inspected by any person herein authorized to make said inspection, and in his judgment found to be afflicted with any disease or ailment which would render said animal unfit for human food, it shall be the duty of the person making said examination to forthwith take possession or control of said animal, and notify the owner or person or corporation in control or possession of such animal that such animal is unfit for human food; whereupon said animal shall immediately be killed and the carcass examined by some person or persons authorized to make inspection of such animals. If, upon examination of the carcass, it shall appear to the examiner that the same is suitable for human food, he shall allow the person or corporation from whom said animal was taken to make disposition of the carcass or such examiner shall cause the same to be sold; but if in the opinion of such inspector any such carcass is unwholesome or unfit for human food, then the same shall be, by him, stamped, marked, tagged or labeled "inspected and condemned," and every such condemned carcass shall be destroyed for the purposes of human food and such examiner shall cause the offal thereof to be sold: Provided, that if such carcass shall be disposed of for food purposes by such inspector and the offal sold, the proceeds thereof shall be accounted for as the Board of Live Stock Commissioners may provide.

25 The three acts following may also be found in the Pamphlet of Laws compiled for the Department of Agriculture.

268. Penalty.

SEC. 3. Any person, firm or corporation who shall, in any manner, fail, neglect or refuse to comply with any provision in this Act contained, shall be deemed guilty of a misdemeanor, and upon conviction thereof, be punished by a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00), or confined in the county jail not exceeding one year, or both.

AN ACT to regulate cold storage of certain articles of food. in force July 1, 1917. L. 1917, p. 648.

269. Cold Storage, Terms Defined.

Filed June 28,

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: For the purpose of this Act, "cold storage" shall mean the storage or keeping of articles of food at or below a temperature above zero of 45 degrees Fahrenheit in a cold storage warehouse; "cold storage warehouse" shall mean any place artificially cooled to or below a temperature above zero of 45 degrees Fahrenheit, in which articles of food are placed and held for thirty days or more; "article of food" shall mean fresh meat and fresh meat products and all fish, game, poultry, eggs and butter.

270. License Fee.

SEC. 2. No person, firm or corporation shall maintain or operate a cold storage warehouse without a license so to do issued by the Department of Agriculture. Any person, firm or corporation desiring such a license shall make written application to the Department of Agriculture for that purpose, stating the location of the warehouse. The Department of Agriculture thereupon shall cause an examination to be made of said warehouse and, if it be found by him to be in a proper sanitary condition and otherwise properly equipped for its intended use, he shall issue a license authorizing the applicant to operate the same as a cold storage warehouse during one year. The license shall be issued upon payment of (by) the applicant of a license fee of $25.00 per annum to the Department of Agriculture. 271. Unsanitary Condition.

SEC. 3. In case any cold storage warehouse, or any part thereof, shall at any time be deemed by the Department of Agriculture, to be in an unsanitary condition, or not properly equipped for its intended use, he (it) shall notify the licensee of such condition and upon the failure of the licensee to put such cold storage warehouse in a sanitary condition or to properly equip the same for its intended use, within a time to be designated by the Department of Agriculture, he (it) shall revoke such license.

272. Record, Reports.

SEC. 4. Every such licensee shall keep accurate records of the articles of food received in and of the articles of food withdrawn from his cold storage warehouse, and the Department of Agriculture shall have free access to such records at any time. Every such licensee shall submit a monthly report to the Department of Agriculture, setting forth in itemized particulars the quantities and kinds of articles of food in his cold storage warehouse. Such monthly reports shall be filed on or before the fifth day of each month, and the reports so rendered shall show the conditions existing on the last day of the preceding month reported and a summary of such reports shall be prepared by the Department of Agriculture and shall be open to public inspection on or before the tenth day of each month.

273. Inspection and Supervision.

SEC. 5. The Department of Agriculture shall inspect and supervise all cold storage warehouses and make such inspection of articles of food therein as he (it) may deem necessary to secure the proper enforcement of this Act, and he (it) shall have access to all cold storage warehouses at all reasonable times. The Department of Agriculture may appoint such persons as he (it) deems qualified to make any inspection under this Act.