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mologist stating that it has been inspected where grown and found to be apparently free from dangerous insects and dangerous plant diseases. The State Entomologist shall send, once each year not later than July 1, to all nurserymen in the State known to him, a list of official inspectors of other states and foreign countries whose inspection certificates may be accepted in this State, for one year from the date thereof, as equivalent to his own certificate.
Every agent for a nursery outside of Illinois and every dealer not engaged in growing trees, shrubs, plants, or vines, in this State, for sale, who sells or delivers such stock in this State, shall, before delivering the same, place on file in the office of the State Entomologist a statement made under oath before an officer qualified to administer oaths in the locality where he may reside, or, if a non-resident of the State, in the locality where said stock is sold or delivered, that the said stock has been duly inspected and was received by him accompanied with a valid official certificate of inspection or fumigation, a copy of which certificate shall be filed by him with said statement for the approval of the State Entomologist. Upon receipt of said statement and copy of the certificate of inspection the Entomologist shall report to the sender his approval or disapproval of said certificate. If disapproved he shall inspect, or cause to be inspected, the nursery stock to which the said statement applies, and if he shall find said nursery stock to be apparently free from dangerous insects and dangerous plant diseases he shall give or send to the owner thereof, upon payment of the expenses of the inspection, a certificate to that effect, and the delivery of such stock_without an accompanying certificate of inspection issued by the State Entomologist or approved by him shall subject the agent, dealer, or other person selling or delivering the same to the penalties prescribed in section 5 for a violation of this Act.
§ 2. If the State Entomologist shall have reason to suppose that any nursery, orchard, fruit plantation, or other property or place in this State, is infested by dangerous insects or infected with contagious plant disease, he shall have power to inspect or to cause to be inspected from time to time, such nursery, orchard, fruit plantation, or other property, and for the purposes of such inspection he and his assistants are authorized, during reasonable business hours, to enter into or upon any farm, orchard, nursery, garden, storehouse, or other building or place used for the growing, storage, packing or sale of trees, plants or fruits; and if the State Entomologist shall find by inspection as aforesaid that any nursery, orchard, or garden or other property or place is infested by the San Jose scale or other dangerous insect, or infected with contagious plant diseases, liable to spread or to be conveyed to other premises to the serious injury of the property thereon, he shall notify in writing the owner or the person in charge of such infested or infected property by mailing a notice to him, properly stamped and addressed to his usual postoffice address, and shall direct him within a time and in a manner prescribed in such notice to use such measures as shall prevent the conveyance or spread of such insects or disease to the property of others, and such infested or infected property shall not be removed after the owner or person in charge of the same shall have been notified in writing as aforesaid, without the written permission of the entomologist. If the person so notified shall refuse or neglect to treat or disinfect said premises or property in the manner and within the time prescribed in said notice, the State Entomologist shall cause said property or premises to be so treated, and he shall certify to the owner or person in charge of the premises the amount of the cost of the treatment, and if not paid to him within sixty days thereafter he shall certify the amount to the county auditor, who shall spread the same upon the tax books to be collected as other taxes are, and turned over to the entomologist to become a part of the fund for carrying this Act into effect.
$ 3. Whenever any trees, shrubs, plants or vines are shipped from place to place in this State, or shipped into this State from another state, country, or province, every car, box, bale, bundle, package or piece thereof shall be plainly labeled on the outside with the name of the consignor, the name of the consignee, and a certificate signed by a State or government inspector showing that the contents have been inspected by such inspector or by his authority since the first day of July last preceding, and that the trees, vines, shrubs and plants, there present and therein contained, appear free from all dangerous insects and diseases. Whenever any trees, shrubs, vines or plants are shipped as above without such certificate plainly fixed on the outside of the package, box or car containing the same, the facts must be reported within twenty-four hours to the State Entomologist by the railway, express or steamboat company, or other person or persons carrying the same, and it shall be unlawful to deliver any such property until it has been inspected by the State Entomologist or his assistants and by him or them certified to be free from dangerous insects or contagious diseases. Any agent of any railway, steamboat, or express company, or other person or persons carrying such property as aforesaid, who shall fail to give such notice as above required shall be deemed guilty of a violation of this Act.
Whenever nursery stock is shipped into this State accompanied by a valid certificate signed by a State or government inspector, such certificate shall be held prima facie evidence of the facts therein stated; but the State Entomologist, by himself or his assistants, when they have reason to believe that any such stock may be infested with dan-. gerous insects or infected with contagious diseases shall be authorized to inspect the same and subject it to like treatment as provided in section 2 of this Act.
$ 4. Any owner of an orchard or other fruit plantation in bearing condition may apply to the State Entomologist for an inspection of the same with reference to the presence of the San Jose scale or other dangerous insects or plant diseases liable to prevent the sale or lessen the value of his fruits, agreeing in his application to pay in full the expenses of the inspection, and upon receipt of such application and agreement, or as soon thereafter as may be conveniently practicable, the State Entomologist shall comply with such request, and upon receipt of the expenses of the inspection he shall issue to the applicant a certificate to the facts disclosed by the inspection.
5. Any person who shall violate the provisions of this Act with reference to the sale, shipment, delivery or transportation of nursery stock, or with reference to the use, alteration or defacement of a certificate of inspection relating to the same, or who shall remove, without the written permission of the State Entomologist, infested or infected property concerning whose condition he has received official notice from the entomologist, or who shall offer any hindrance or resistance to the carrying out of this Act, shall be adjudged guilty of a misdemeanor, and upon conviction before a justice of the peace shall be fined not less than ten dollars and not more than one hundred dollars for each and every offense, together with all costs of the procedure, and shall stand committed until the same is paid. It shall be the duty of the State Entomologist to furnish to the State's Attorney all information in his possession concerning violations of this Act, and the State's Attorney shall prosecute such violations of this Act, and amounts so recovered shall be paid into the treasury of the State.
8 6. The office of the State Entomologist shall be established at the University of Illinois, the trustees of which shall provide for him and his assistants such office and laboratory rooms as may be necessary to the performance of their duties. He shall have power to appoint a chief inspector and such assistants as may be necessary to the execution of this Act, and to fix a reasonable compensation for their labors, and their acts, done in pursuance of his instructions, shall have the same validity as his own." He shall certify to the State Auditor the amount of his expenses and the amount of the salaries and expenses of the chief inspector and assistants employed under this Act, and the Auditor shall therefupon draw his warrant upon the State Treasurer for the amount, which shall be paid out of the funds provided for carrying this Act into effect. The State Entomologist shall make to the Governor a biennial report of his operations under this Act, together with a financial statement in detail, and he shall also make each year to the State Horticultural Society, at its annual meeting, a statement showing the Illinois nurseries inspected, the number and kinds of certificates issued, the location and ownership of the premises treated or disinfected by him or his assistants, and the kinds and amounts of property destroyed by him in pursuance of this Act.
8 7. An Act entitled, “An Act to prevent the introduction and spread in Illinois of the San Jose scale and other dangerous insects and contagious diseases of fruits," approved and in force April 11, 1899, is hereby repealed.
Filed June 4, 1907.
JAMES A. ROSE,
STATE FOOD COMMISIONER.
REVISION OF DAIRY AND FOOD LAWS. $ 1. Provision for appointment of a
Sale of preservatives prohibited. State Food Commissioner, and the establishment of a State food
Vehicles to be marked. department.
$24. Illegal lard. 2. Power of commissioner and inspect ! ors making inspection.
Lard substitute, 3. Refusal to assist inspector a mis- | $26. Persons selling imitation or sub). demeanor.
stitute for lard to inform pur
chaser. 8 4. Sealing and transmitting samples.
f 27. Sale of process butter not branded 5. Manufacturing, adulterated or mis
prohibited. branded food misdemeanor.
$ 28. Process butter-how branded. f 6. Possession misbranded or adulterated articles problbited.
§ 29. Illegal foods to be seized. $ 7. Term food defined.
$ 30, Search warrants to be issued for 8. Defines adulteration.
Illegal food. 8 9. Misbranded defined.
State's Attorney to assist. § 10. Confiscation and condemnation of
State Board of Health to furnish misbranded or adulterated foods.
samples. § 11. Vinegar to be branded.
State analysts shall not furnish $ 12. Extracts to be labeled.
certificate of purity. $ 13. Baking powder-how labeled.
§ 34. Using shift or device. | 14. Adulterated spirituous, malt vinous liquors prohibited.
Master's liability, etc. 15. Mutilated label prohibited.
Penalties, license fees and proceeds
paid to State Treasurer. f 16. Sale of unclean or unwholesome milk for consumption and unsani
Label-size of type. tary containers prohibited. $17. Persons receiving milk to wash
& 38. Food Commissioner to make rules
and regulations. cans.
$ 18. Not to manufacture food from im. $ 39. Standard of purity and strength. pure or unclean milk or cream.
& 40. Preliminary hearing by the com: $ 19. Sale of skim milk-cang-how
missioner, labeled, $ 20. Instruments for measuring milk
$ 41. Penalty. and cream standards.
42. Judgment-issuing capias. $ 21. Underreading Babcock test prohibited.
Repeal. (HOUSE BILL No. 844. APPROVED MAY 14, 1907.) 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.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly:
PROVISION FOR APPOINTMENT OF A STATE FOOD COMMISSIONER, AND THE ESTABLISHMENT OF A STATE FOOD DEPARTMENT.] 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 the term of four years and until his successor is appointed and qualified, and who shall receive a salary of thirty. 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 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 Commission[er] 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 dollars ($15.00) 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: Provided, that said food standard commission in determining and adopting a standard of quality, purity or strength, of milk or cream, shall fix such standard as may be determined, solely by the examination and test of milk or cream and the can or receptacle in which it is placed.
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 $2,000 per annum and expenses incurred in official duties. One chief chemist who shall be known as State Analyst, whose salary shall be $2,500 and expenses incurred in the discharge of official duties. One attorney whose salary shall be $1,800 per annum and expenses incurred in the discharge of official duties. One chief clerk whose salary shall be $1,800 per annum and expenses incurred in discharge of official duties. Said commissioner shall also have authority to appoint five analytical chemists whose salary shall be $1,200 per annum each, 12 inspectors, whose salary shall be $1,200 per annum and the necessary expenses incurred in the performance of their duties. Three (3) stenographers at $900
$ and one assistant clerk at $900 each.
The said commissioner shall make annual reports to the Governor not later than the 15th day 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.