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§ 42.

JUDGMENT—ISSUING CAPIAS.] 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, there to 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 fine and costs shall sooner be paid.

§ 43. REPEAL.] All Acts and parts of Acts inconsistent with this Act are hereby repealed: Provided, that nothing in this Act contained shall be construed as repealing the Act entitled, "An Act to regulate the manufacture and sale of substitutes for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.

Approved May 14, 1907, in force July 1, 1907.

FOOD AND DAIRY LAW.

AN ACT to regulate the manufacture and sale of substitutes for butter. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That 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 or cream shall not be construed to render such product an imitation.

§ 2. No person shall coat, powder or color with annato or any coloring matter whatever, any substances 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 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 from the same.

No person shall, by himself, his agents, or employès 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.

§ 3. 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 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 three-quarters of an inch in length.

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§ 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.

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, 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 10. Whoever shall violate any of the provisions of this Act shall be punished by a fine of not less than $50 nor more than $200, or by imprisonment in the county jail not to exceed 60 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

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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.

§ 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. Approved June 14, 1897, in force July 1, 1897.

STOCK FOOD LAW.

Regulating the manufacture, sale and analysis of concentrated commercial feed stuffs for feeding farm live stock and domestic animals generally, and making it the duty of the State Food Commissioner to prosecute person or persons violating any provision of said law and fixing a license fee, etc.; approved May 18, 1905, in force July 1, 1905; also letter of State Food Commissioner addressed to the Hon. William H. Stead, Attorney General of Illinois, requesting opinion in regard to said law, as well as opinion of Attorney General which fully explains the requirements and duties of the manufacturers and dealers under the law.

AN ACT to regulate the sale and analysis of concentrated feeding stuffs.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Every lot or parcel of concentrated commercial feed stuffs, as defined in section 2 of this Act, used for feeding farm live stock, 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, clearly and truly certifying the name, brand or trade mark, under which the article is sold for feeding purposes, the name and address of the manufacturer, importer or dealer, the net weight of the package, and the minimum percentage of crude protein, reckoning one per cent of nitrogen equal to six and one-fourth per cent of protein, crude fiber, and crude fat which it contains; the several constituents to be determined by the methods adopted by the Association of Official Agricultural Chemists of the United States. If the feed stuff is sold in bulk, or if it is put up in packages belonging to the purchaser, the agent or the dealer shall upon the request of the purchaser, furnish him with the certified statement described in this section.

§ 2. The term "concentrated commercial feed stuff," as used in this Act, shall include cotton seed meals, linseed meals, pea meals, bean meals, peanut meals, cocoanut meals, gluten meals, gluten feeds, maize feeds, starch feeds, sugar feeds, succrene feeds, and all oil meals of all kinds, dried distillers' grains, dried brewers' grains, dried beef refuse, malt sprouts, malt refuse, hominy feeds, cereline feeds, rice meals, oat feeds, corn and oat feeds, corn, oat and barley feeds, chop feeds, corn bran, ground beef or fish, scraps, meat and bone meals, mixed feedsexcept as otherwise provided in section 3 of this Act-clover and alfalfa

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