§ 39. 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.

§ 39A. THE SALE OF ILLEGAL FOOD PROHIBITED.] 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.

§ 39B. 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 "yolk 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 then 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 State Food Commissioner, 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, volks, whites, or any mixture of yolks and whites with or without the addition of any other ingredients, shall before engaging in such business, apply to the State Food Commissioner for a license. Thereupon, the State Food Commissioner, or his agents, shall inspect the establishment and equip

ment of said egg breaking establishment, and he shall also ascertain, if the said establishment complies in methods and equipment with the sanitary law and the rules and regulations that shall from time to time be established by the State Food Commissioner, 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 food commissioner 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 State Food Commissioner the payment of such fee, and thereupon the State Food Commissioner 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 State Food Commissioner.

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 State Food Commissioner shall at once revoke such offender's license.

§ 40. PRELIMINARY HEARING BY THE COMMISSIONER.] When it appears from the examination or analysis that the provision of this Act have been violated, the Food Commissioner shall cause notice of such fact, together with a copy of the findings, 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 label as manufacturer, packer, wholesaler, retailer, or other dealer 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 and place of the hearing. The hearing 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 office, 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:

...., Chief Clerk (or other employee) in the 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 addressed to.

of .....

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 office department is the receipt received by this office for the said notice.

...in

having custody of the records of Inspector's Sample No...... the State Food Commissioner's office and that the above, and the attached papers are a true, correct and complete record of the matters therein certified as appears by the records of my office." Given under my hand and seal this......day of..

State Food Commissioner.

§ 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 had and obtained therefor; and such prosecution shall at all times be under and within the control of said State's Attorney.

FILED July 12th, 1915.

The Governor having failed to return this bill to the General Assembly during its session, and having filed it in my office, without objections, within ten days, Sundays excepted, after the adjournment of the General Assembly, it has thereby become a law.

Witness my hand this 12th day of July, A. D. 1915.

LEWIS G. STEVENSON, Secretary of State.

FRAUD IN SALE OF DAIRY PRODUCTS-MISBRANDED FOOD.

1. Amends section 9, Act of 1907, as subsequently amended.

9. As amended, defines term "misbranded."

(SENATE BILL No. 383. APPROVED JUNE 25, 1915.)

AN ACT to amend section nine 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 or 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 Act approved June 6, 1911, in force July

1, 1911.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: First: That section nine of an Act entitled, "An Act to prevent fraud in the sale of dairy products, their imitations or substitutes, to prohibit and prevent the manufacture and sale of unhealthful, adulterated or misbranded food, liquors and 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 Act approved June 6, 1911, in force July 1, 1911, be and the same is hereby amended to read. as follows:

§ 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 labels 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 manufacturer, packer, or dealer who sells the same or as to the State, territory, or county 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.

Second-If it be so labeled or branded as to make the identity of the manufacturer, packer or dealer who sells or offers the same for sale uncertain or doubtful; or whic is so labeled or branded as to indicate on the receptacle, vessel or container the name of any firm or corporation other than the firm or corporations actually manufacturing, packing or dealing in the article or product so sold or offered for sale; or if it be so labeled or branded as to deceive or mislead a purchaser as to the identity of the manufacturer, packer or dealer; or if it purports to be a foreign product when not so; or if the contents of the package as originally put out shall have been removed in whole or in part and refilled by contents of different quality, or of a different manufacturer, packer or dealer; or if it fail to bear a statement on the label of the

quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances contained therein.

Third-If in any package form and the contents are stated in terms of weight or measure, they are not correctly and plainly stated on the outside of the package.

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.

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:

First-In case of mixtures or compounds which may 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.

Second-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 substances, 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 or [no] unwholesome added ingredients to disclose then [their] trade formulas, except in so far as the provisions of this Act may require to secure freedom from adulteration or misbranding.

Third-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,

APPROVED June 25th, 1915.