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months' time limit as herein provided, such person shall be deemed to have waived his right to registration under this section, and in order to be registered shall comply with the requirements for registration by examination.
§ 10. Any person of good moral character, temperate habits and not less than twenty-one years of age, who shall present satisfactory evidence to the State Board of Optometry that he has studied not less than two years in the office of a registered optometrist or that he has graduated from a school of optometry maintaining a standard satisfactory to the board, shall be entitled to an examination before said board for a certificate of registration upon making application, in such manner and form as shall be prescribed by the board, accompanied by the fee hereinafter specified. If the said examination shall be satisfactory to the board as to the qualifications of the applicant for the practice of optometry he shall be granted the certificate of registration by examination.
§ 11. Every such applicant for registration by examination shall pay to the secretary of the board at the time of filing his application a fee of ten ($10) dollars, if he pass the examination shall also entitle him to a certificate, which fee, should he fail in his first examination, shall entitle him to a second examination if taken within one year. Should the second examination be satisfactory, he shall, before a certificate is granted, pay an additional fee of $5.00.
$ 12. The said board may, in its discretion, upon payment of a fee of five dollars, grant certificates of registration to the licentiates by examination of such other boards as shall prescribe similar recognition of its licentiates.
§ 13. Every person, to whom a certificate of registration is granted under this Act shall display the same in a conspicuous place in his principal office, place of business or employment. Any person violating the provisions of this section shall be liable on conviction thereof to pay a fine of fifty ($50.00) dollars.
$ 14. The State Board of Optometry may refuse to grant a certificate of registration to any person guilty of felony, gross immorality or malpractice, or who has an infectious or contagious disease, or is a victim to the use of alcoholic liquors or narcotic drugs to such an extent as to render him unfit for the practice of optometry; and the said board may, after due notice and hearing, revoke or suspend any certificate for like cause or any certificate procured by misrepresentation or fraud.
§ 15. Every registered optometrist who desires to continue the practice of optometry shall annually, on such date as the State Board of Optometry may determine, pay to the secretary of the board a renewal registration fee to be fixed by the board, but which shall in no case exceed two dollars per annum, for which he shall receive a renewal of his certificate.
In case of neglect to pay the renewal registration fee herein specified for any certificate within the time prescribed by the said board, the board may revoke such certificate and the holder thereof may be reinstated only by complying with the conditions specified in this Act for the registration of unregistered persons. But no certificate or permit shall be revoked without giving sixty days' notice to the delinquent who, within such period, shall have the right of renewal of such certificate on payment of the renewal fee with such penalty, not exceeding twentyfive dollars, as said board may determine: Provided, that retirement from practice for a period not exceeding five years shall not deprive the holder of said certificate of the right to renew his certificate on the payment of all lapsed fees.
$ 16. Every renewal certificate issued by the State Board of Optometry under this Act shall expire each year on the 31st day of December following the issuance of the same.
$ 17. It shall be unlawful on and after three months, from the date that this Act takes effect, for any person to practice, or to profess or advertise to practice, optometry, or to test and examine eyes and recommend glasses therefor, unless he shall first have obtained a certificate from the State Board of Optometry as hereinbefore provided. Any person who shall violate any provision of this section shall be liable upon conviction thereof to pay a fine of not less than twenty-five dollars nor more than one hundred dollars for every such offense.
$ 18. It shall be unlawful for any person, not a registered optometrist, to open or conduct a store, shop, office, or other place of business, where eyes are tested and spectacles or eyeglasses are recommended and sold, unless such person shall employ and place in active and personal charge thereof a registered optometrist.
It shall be unlawful for the proprietor of any store, shop, office, or place of business, as aforesaid, to allow any person in his employ to examine and test the eves of another and to recommend glasses therefor unless such person shall be a registered optometrist.
Any person violating any provisions of this section shall be liable upon conviction thereof, to pay a fine of not less than twenty-five dollars nor more than one hundred dollars for every such offense.
§ 19. Every person registered under this Act shall cause his original certificate or permit to be registered with the county clerk of each and every county in which he shall practice, and the date of registration shall be endorsed thereon. And whenever practicing said profession of optometry outside of, or away from, his principal office or place of business, he shall deliver to each customer or person he shall fit with glasses a bill of purchase bearing the date thereof, which shall contain his signature, home postoffice address and the number of his certificate of registration. The clerk of the county may charge a registration fee not exceeding twenty-five cents for every such certificate. For failure or neglect by the holder to register any certificate as provided in this section, the State Board of Optometry may revoke the same, subject to reinstatement only on payment to the said board of a penalty of not less than twenty-five dollars nor more than one hundred dollars.
§ 20. All suits for the recovery of the nenalties prescribed in this Act shall be prosecuted in the name of the "People of the State of Illinois,” in any court having jurisdiction and it shall be the duty of the State's attorney of the county where such offense is committed to prosecute all persons violating the provisions of this Act upon proper complaint being made. All penalties collected under the provisions of this Act shall be paid to the State Board of Optometry and by it turned over to the State Treasurer with the regular monthly report of the said board.
APPROVED June 29th, 1915.
STATE FOOD COMMISSIONER.
FRAUD IN SALE OF DAIRY PRODUCTS-ACT OF 1907 AMENDED. $ 1. Amends section 1, 5, 6, 8, 9, 10, 17, 21, 39, 39A,
$ 17. Persons receiving milk to wash [39 B,) 40 and 40 A, Act of 1907. § 1. Provides for appointment of State
$ 21. False reading of Babcock Test Food Commissioner and estab
$39A. The sale of illegal food prohibited. $ 6. Possession of misbranded or adul
($ 39B.) Eggs-shipment of "breaking terated articles prohibited.
stock"--egg breaking establish
ments-license-fee. $ 8. Detines adulteration.
$ 40. Preliminary hearing by the com§ 9. Misbranded defined.
missioner. $ 10. Condemnation and confiscation of
$ 40A. Prosecutions under Act. illegal goods.
(HOUSE BILL NO. 663. FILED JULY 12, 1915.) An Act to amend sections 1,5, 6, 8, 9, 10, 17, 21, 39, 39A, [39B,] 40 and
40A of an Act entitled, “An Act to prevent fraud in the sale of dairy products, their imitation or substitutes, to prohibit and prevent the manufacture and sale of unhealthful, adulterated or misbranded foods, 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," approved May 14, 1907, and in force July 1, 1907, as amended by subsequent Acts.
SECTION 1. Be it enacted by the Pople of the State of Illinois, represented in the General Assembly: That sections 1, 5, 6, 8, 9, 10, 17, 21, 39, 39A, [39B,] 40 and 40A of an Act entitled, “An Act to prevent fraud in the sale of dairy products, their imitation or substitutes, to prohibit and prevent the manufacture and 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,” approved May 14, 1907, in force July 1, 1907, as amended by subsequent Acts, be and the same are hereby amended so as to read as follows:
§ 1. 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 a term of four years and until his successor is appointed and qualified, and who shall receive a salary of thirty-six 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 Commissioner shall provide himself with a seal for the authentication of his orders, records or other proceedings, upon which shall be inscribed the words, STATE FOOD COMMISSIONER ILLINOIS-SEAL.
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 ($15) dollars per day for a period not exceeding thirty (30) days in one year, and necessary expenses incurred during the time employed in the discharge of their duties. The said commission shall provide itself with a seal for the authentication of its standards, records or other proceedings, upon which shall be inscribed the words, FOOD STANDARD COMMISSION-ILLINOIS-SEAL. A certified copy of the records of Food Standard Commission, showing the standard of quality, purity and strength adopted and promulgated by it for food products shall be received in all courts as evidence that such standard was adopted. A certificate in the following form shall be sufficient: “I, ....
secretary (or member) of the Food Standard Commission of Illinois, and the custodian of the records thereof, do hereby certify that the attached is a true, correct and complete copy of the standard for
adopted and promulgated by the Food Standard Commission on the
..day of 19. ..., and published in... Given under my hand and the seal of said Commission this. day of ...
The said commissioner is hereby authorized to appoint, with the advice and consent of the Governor, one assistant commissioner, who shall be a practical dairyman, whose salary shall be three thousand dollars ($3,000.00) per annum and expenses incurred in official duties. One chief chemist, who shall be known as State Analyst, whose salary shall be twenty-five hundred dollars ($2,500.00) per annum and expenses incurred in the discharge of official duties. One attorney, whose salary shall be eighteen hundred dollars ($1,800.00) per annum and expenses incurred in the discharge of official duties. One chief clerk, whose salary shall be eighteen hundred dollars ($1,800.00) per annum and expenses incurred in the discharge of official duties. One assistant clerk, whose salary shall be twelve hundred dollars ($1,200.00) per annum and expenses incurred in the discharge of official duties. Three stenographers at one thousand [dollars] ($1,000.00) each per annum. Twelve inspectors, whose salaries shall be as follows: For the first two
years of service, twelve hundred dollars each annually; for the third year of service, fourteen hundred dollars each annually, and for each succeeding year of service an additional increase of one hundred dollars per year each until the maximum of eighteen hundred dollars a year each is attained, and expenses incurred in the discharge of their official duties. Said commissioner shall also have authority to appoint one bacteriologist at eighteen hundred dollars ($1,800.00) per annum and expenses incurred in the discharge of his official duties, and seven analytical chemists whose salaries shall be as follows: For the first two years of service, twelve hundred dollars each annually; for the third year of service, fourteen hundred dollars each annually; for the fourth year of service, fifteen hundred dollars each annually, and for each succeeding year of service an additional increase of one hundred dollars per year each, until the maximum of eighteen hundred dollars per year is attained, and expenses incurred in the discharge of their official duties, and one laboratory janitor at seven hundred and twenty ($720.00) dollars per annum.
The said commissioner shall make annual reports to the Governor not later than the 15th 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 effect (affect) the term of office of the present commissioner, and he shall be regarded as having been appointed under the provisions of this Act.
The food commissioner shall make analyses and examinations for the State charitable institutions of foods, drugs and such other supplies as the laboratory of the State Food Commission is equipped and prepared to examine and analyze.
§ 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 and misbranded within the meaning of this Act. It shall be unlawful for any person to use filthy, decomposed, putrid, rotten, deleterious or poisonous substances as a constituent part of manufactured food, or in the manufacture of any food. 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: Provided, that no article of food shall be deemed misbranded or adulterated within the provisions of this Act when intended for export to any foreign country or purchaser, and prepared or packed according to the specifications or directions of the foreign country to which said article is intended to be shipped; but if said article shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not except said article from the operations of any of the other provisions of this Act.