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§ 6. The having in possession or control of any food which violates any of the provisions of this Act with intent to sell the same or to use the same in violation of this Act is hereby prohibited; and whoever shall have in his possession or control with intent to sell or offer for sale any food which violates any of the provisions of this Act or with intent to use any such food in violation of the provisions of this Act shall be guilty of a misdemeanor and punished as herein provided. The possession or control of any food which violates any of the provisions of this Act shall [be] held to be prima facie evidence that such possession or control is or was with intent to sell or use such food in violation of this Act.

Whoever shall have possession or control with intent to sell of any food which violates any of the provisions of this Act shall be held to have known the true character, quality and name of such food.

§ 8. DEFINES ADULTERATION.] That for the purpose of this Act, an article shall be deemed to be adulterated

In case of confectionery:

First-If it contains terra alba, barytes, talc, chrome yellow, paraffin, mineral fillers or poisonous substances, or poisonous color or flavor.

Second—If it contains any ingredient deleterious or detrimental to health, or any vinous, malt or spirituous liquor or compound, or narcotic drug.

In case of food :

First-If any substance has been mixed or packed with it so as to reduce or lower or injuriously affect its quality, strength or purity.

Second—If any substance has been substituted wholly or in part for the article.

Third-If any valuable constituent of the article has been wholly or in part abstracted or left out: Provided, that in the manufacture of skim or separated cheese the whole or part of the butter fats in the milk may be abstracted.

Fourth-If it be mixed, colored, powdered, coated, polished, or stained in any manner whereby damage or inferiority is concealed, or it is made to appear better or of greater value than it really is.

Fifth-If it contains any added poisonous or other added deleterious ingredient which may render such article injurious to health: Provided, that when in the preparation of food products for shipment they are preserved by an external application, applied in such a manner that the preservative is nececssarily removed mechanically, or by maceration in water, or otherwise, and directions for the removal of said preservatives shall be printed on the covering of the package, the provisions of this Act shall be construed as applying only when such products are ready for consumption; and formaldehyde, hydrofluoric acid, boric acid, salicylic acid and all compounds and derivatives thereof are hereby declared unwholesome and injurious.

Sixth-If it consists in whole or in part of a filthy, decomposed or putrid, infected, tainted or rotten animal or vegetable substance or article, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter.

$ 9. MISBRANDED DEFINED.] The term “misbranded,” as used herein, shall apply to all articles of food or drink, or articles which enter into the composition of food or drink, the packages or label (s) of which shall bear any statement, design or device regarding such article, or the ingredients or substance contained therein which shall be false or misleading in any particular; and to any such products which are falsely branded as to manufacture, packer or dealer who sells the same or as to the state, territory or country in which it is manufactured or produced. That for the purpose of this Act an article shall also be deemed to be misbranded

In case of food :

First-If it be an imitation of or offered for sale under the distinctive name of another article, or if it does not conform to the standards set forth in this Act.

Second-If it be labeled or branded so as to deceive or mislead the purchaser, or purports to be a foreign product when not so, or if the contents of a package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package, or if it shall fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, canabis indica, chloral hydrate, or acetanilid or any derivative or preparation of any such substances contained therein.

Third-If in package form, the quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure, or numerical count: Provided, however, that reasonable variation shall be permitted and tolerances and also exemptions as to small packages shall be established by rules and regulations made in accordance with the provisions of section 38 of this Act.

Fourth-If it be a manufactured article of food or food sold in package form, and is not distinctly labeled, marked or branded with the true name of the article and with either the name of the manufacturer and place of manufacture, or the name and address of the packer or dealer who sells the same, or if its label does not conform to the regulations set forth in this Act.

Fifth–If the package containing it or its label shall bear any statement, design or device regarding the ingredients of the substance contained therein, which statement, design or device shall be false or misleading in any particular: Provided, that an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in following cases:

1st. In case of mixture or compounds which may be now or from time to time hereafter known as articles of food under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where the article has been manufactured or produced.

2nd. In case of articles labeled, branded or tagged so as to plainly indicate that they are compounds, imitations or blends and the word "compound," "imitation" or "blend,” as the case may be, is plainly stated on the package in which it is offered for sale: Provided, that the term “blend,” as used herein, shall be construed to mean a mixture of like substance, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only; and as applied to alcoholic beverages, only those distilled spirits shall be regarded as "like substances” which are distilled from the fermented mash of grain and are of the same alcoholic strength: And, provided, further, that nothing in this Act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods, which contain no unwholesome added ingredients to disclose their trade formulas, except in so far as the provisions of this Act may require to secure freedom from adulteration or misbranding

3rd. In the case of mixtures of corn syrup (glucose) or corn sugar (dextrose) or corn sugar syrup; with cane or beet sugar (sucrose) or cane or beet sugar syrup, in food, if the maximum percentage of corn syrup (glucose), or corn sugar (dextrose), or corn sugar syrup, in such article of food be plainly stated on the label.

§ 10. CONDEMNATION AND CONFISCATION OF ILLEGAL FOODS.] Any article of food or drink or liquor that is adulterated or misbranded within the meaning of this Act, or that is made, labeled or branded contrary to the provisions of this Act, or that does not conform to the definition or analytical requirements provided in this Act, shall be liable to be proceeded against in any court of record or before any judge thereof, or before any justice of the peace within whose jurisdiction the same may be found, and seized for condemnation and confiscation; and authority and jurisdiction are hereby vested in the several courts of record, the judges thereof in vacation, and the several justices of the peace, to issue the warrant and to hear and determine the proceedings herein provided for. Such proceedings shall be by complaint, verified by affidavit, and in the name of the People of the State of Illinois against the article or articles proceeded against, particularly describing the same, the place where they are located, the name of the person, firm or corporation in whose possession they are found, and wherein they violate the provisions of this Act. Thereupon said court, judge or justice of the peace shall issue a warrant directed to the sheriff, bailiff or any constable of the county, commanding such officer to seize and take into his possession the article or articles described in the complaint, and bring the same before the court, judge or justice of the peace who issued the warrant, and to summon the person, firm or corporation named in the warrant, and any other person who may be found in possession of the said articles to appear at the time and place therein specified, which service shall be made in the same manner as service of process in civil cases in such court or before such justice of the peace. The warrant shall be returnable not less than five (5) days nor more than fifteen (15) days from the date of issuing the same, and may be executed and served at any time before the return day thereof; and the hearing shall be at the time and place therein specified unless good cause is shown for a continuance. Upon the hearing the complaint may be amended, and any person, firm or corporation that appears and claims the said article or articles shall be required to file its claim in writing. The hearing shall be summary in its nature, and except as herein otherwise provided, shall conform, as near as may be, to the proceedings in civil cases before such court, judge or justice of the peace: Provided, that either party may demand a trial by jury, and an appeal or writ of error shall lie at the instance of either party to the proper court and no bond shall be required of the people. And if such article is condemned as being adulterated or misbranded, or of a poisonous or deleterious character within the meaning of this Act, or as made, labeled, or branded contrary to the provisions of this Act, or as not conforming to the definition or analytical requirements provided in this Act, the same shall be confiscated and disposed of by destruction or sale, as the court, judge or justice of the peace may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the treasury of the State of Illinois, but such article shall in no instance be sold contrary to the provision of this Act: Provided, however, if the food seized consists of a number of separate and distinct articles assembled together in containers, or in lots, or otherwise, and it shall appear to the court that certain of said articles violate the provisions of this Act and certain other of said articles do not violate the provisions of this Act, then in such cases, if the articles can be conveniently separated the court may order that such articles be separated and the costs of such separation shall be taxed as other costs of suit. The court may order such articles as are not in violation of this Act be released to the claimant or owner thereof, and in cases where the claimant or owner does not appear or refuses to accept such articles the court shall order such articles sold, and the proceeds thereof, after the payment of all costs and charges shall be held subject to the order of the court, and if the claimant or owner thereof do not appear and demand the same within thirty days after said order, the court may at any time thereafter order the proceeds of said sale forfeited and confiscated and paid into the treasury of the State of Illinois, but that part of the articles which violated the provisions of this Act shall be disposed of or destroyed as herein directed: Provided, further, that upon the payment of the costs of such proceedings and the execution and delivery of a good and sufficient bond to the State Food Commissioner for the use of the People of the State of Illinois, to the effect that such articles shall not be used, sold or otherwise disposed of contrary to the provisions of this Act and under such other conditions or supervision as may appear necessary, the court may, by order, direct that such articles be delivered to the owner thereof.

§ 17. PERSONS RECEIVING MILK TO WASH CANS.] Any person, firm or corporation who receives from any other person, firm or corporation, any milk or cream, or ice cream, in cans, bottles or vessels which have been transported over any railroad or boat line, where such can, bottles or vessels are to be returned, shall cause the said cans, bottles or vessels to be emptied before the said milk or cream, or ice cream, contained therein shall become sour, and shall cause said cans, bottles or vessels to be immediately washed and thoroughly cleansed and aired.

§ 21. FALSE READING OF BABCOCK TEST PROHIBITED.] It shall be unlawful for the owner, manager, agent or any employee of a creamery or cheese factory to manipulate, underread or overread the Babcock test, or any other contrivance used for determining the quality or value

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of milk or cream or to falsify the record thereof, or to pay for such milk or cream on the basis of any measurement except the true measurement as thereby determined.

§ 39. STANDARD OF PURITY AND STRENGTH.] 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 (812) 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 (0.25) 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 in: soluble 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 an 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 twotenths (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.).

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