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The said commissioner shall maintain an office and laboratory where the business of said department may be conducted. This section shall not affect the term of office of the present commissioner, and he shall be regarded as having been appointed under the provisions of this Act.
§ 2. POWER OF COMMISSIONER AND INSPECTORS MAKING INSPECTION.] The State Food Commissioner, and such inspectors and agents as shall be duly authorized for the purpose, when and as often as they may deem it necessary for the purpose of determining whether any manufactured food complies with the law, shall examine the raw materials used in the manufacture of food products and determine whether any filthy, decomposed or putrid substance is used in their preparation. They may also examine all premises, carriages or cars where food is manufactured, transported, stored or served to patrons, for the purpose only of ascertaining their sanitary condition and examining and taking samples of the raw material and finished products found therein; but nothing in this Act shall,be construed as permitting such officers to inquire into, or examine methods or processes of manufacture, or requiring or compelling proprietors or manufacturers, or packers of proprietary or other food products, to disclose trade rights, or secret processes, or methods of manufacture. Said commissioner, inspectors and agents shall also have power and authority to open any package, can or vessel, containing or supposed to contain, any article manufactured, sold or exposed for sale, or held in possession with intent to sell, in violation of the provisions of this Act, or laws that now exist, or that may hereafter be enacted in this State, and may inspect the contents thereof, and may take samples therefrom for analysis. The employés of railroads, express companies, or other common carriers, shall render to them all the assistance in their power, when so requested, in tracing, finding, or disclosing the presence of any article prohibited by law, and in securing samples thereof as herein provided for.
§ 3. REFUSAL TO Assist INSPECTOR A MISDEMEANOR.] Any refusal or neglect on the part of such employés of railroads, express companies or other common carriers to render such friendly aid, or to furnish such samples for analysis, as provided for in section 2 of this Act, shall be deemed a misdemeanor and shall be punished as hereinafter provided.
$ 4. The person taking such sample as provided for in section 2 of this Act, shall in the case of bulk or broken package goods divide the same into two equal parts, as nearly as may be, and in the case of sealed and unbroken packages he shall select two of said packages, which two said packages shall constitute the sample taken and, properly to identify the same, he shall, in the presence of the person from whom the same is taken, mark or seal each half or part of such sample with a paper seal or otherwise, and shall write his name thereon and number each part of said sample with the same number and also write thereon the name of the said dealer in whose place of business the sample is found and the person from whom said sample is taken shall also write his name thereon and at the same time the person taking said sample shall give notice to such person from whom said sample is taken that said sample was obtained for the purpose of examination by the State Food Commissioner. One part of said sample shall be taken by the person so procuring the same to the State Analyst or other competent person appointed for the purpose of making examinations or analyses of samples so taken, and the person taking such sample shall tender to the person from whom it is taken, the value of that part thereof so retained by the person taking said sample; the other part of said sample shall be delivered to the person from whom said sample is taken. If the person from whom said sample is taken has recourse upon the manufacturer or guarantor either by operation of law or under contract for any failure of the part of said sample to comply with the provisions of this Act, then said person from whom said sample is taken shall retain for the period of ninety days that part of said sample so delivered to him in order that said manufacturer or guarantor may have the same examined or analyzed if he so desires :
Provided, that the person procuring said sample may securely pack and box that part thereof retained by him and send the same to the State Analyst, or other competent person appointed hereunder for the purpose of making examinations or analyses of samples, and his testimony that he did procure the sample and that he sealed and numbered the same as herein provided, and that he wrote his name thereon and that he packed and boxed said part thereof and sent the same to the State Analyst, or other competent person appointed hereunder to analyze such sample and the testimony of the person to whom said package or box is addressed that he received the same in apparent good order that said sample was sealed and that the number thereof and name of the sender, as herein provided for, was on said sample, and that the seal at the time the same was received was unbroken, shall be prima facie evidence that the sample so received is the sample that was sent, and that the contents thereof are the same and in the same condition as at the time the person so procuring said sample parted with the possession thereof, and the testimony of said two witnesses as above shall be sufficient to make such prima facie proof.
§ 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 or misbranded within the meaning of this Act and 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 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 operation of any of the other provisions of this Act.
§ 6. POSSESSION MISBRANDED OR ADULTERATED ARTICLES PROHIBITED.) The having in possession of any article of food or drink which is misbranded or adulterated with intent to sell the same, is hereby prohibited, and whoever shall have in his possession with the intent to sell, sell or offer for sale any article which is adulterated or misbranded within the meaning of this Act, shall be guilty of a misdemeanor, and on conviction thereof shall be punished as hereinafter provided. Proof that any person, firm or corporation has or had possession of any article which is adulterated or misbranded shall be prima facie evidence that the possession thereof is in violation of this section.
$.7: TERM FOOD DEFINED.) The term "food,” as used herein, shall include all articles used for food, drink, confectionery or condiment by man or other animals, whether simple, mixed or compound, and any substance used as a constituent in the manufacture thereof.
$ 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 mineral substances, or poisonous color or flavor.
Second—If it contains any ingredient deleterious or detrimental to health, or any vinous, malt or spiritous 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: Provided, that in the manufacture of skim or separated cheese the whole or a 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 necessarily 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 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 country in which it is manufactured or produced. That for the purpose of this Act an article shall be deemed 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 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 the 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, 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 the case of mixtures 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.
Second—In the 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 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.
Third-In the case of mixtures of corn syrup (glucose) or corn sugar (dextrose) or corn sugar syrup, with cane or beet sugar (suc-, rose) or cane or beet sugar syrup, in food, if the maximum per centage of corn syrup (glucose), or corn sugar (dextrose) or corn sugar syrup, in such article of food be plainly stated on the label. § 1o. CONFISCATION
AND CONDEMNATION OF MISBRANDED OR ADULTERATED Foods.] Any article of food or drink or liquor that is adulterated or misbranded within the meaning of this Act, and is being sold or offered for sale within the State of Illinois, shall be liable to be proceeded against in any circuit court, or the superior court of Cook county, or the municipal court of any city, or before any justice of the peace within whose jurisdiction the same may be found, and seized for confiscation by process of law or condemnation. And if such article is condemned as being adulterated or misbranded, or of a poisonus or deleterious character within the meaning of this Act, the same shall be disposed of by destruction or sale, as the said court 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 and credited to the fund of the State Food Commission, to be used in the enforcement of the State food laws, but such goods shall in no instance be sold contrary to the provisions of this Act: Provided, however, that upon the payment of the costs of such libel proceedings and the execution and the delivery of a good and sufficient bond to the effect that such articles shall not be sold or otherwise disposed of contrary to the provisions of this Act, the court may, by order, direct that such articles be delivered to the owner thereof. Either party may demand trial by jury upon any issue of fact joined in any such case, and all such proceedings shall be at the suit of and in the name of the People of the State of Illinois.
§ II. VINEGAR TO BE BRANDED.] All vinegar made by fermentation and oxidation without the intervention of distillation, shall be branded with the name of the fruit or substance from which the same is made. All vinegar made wholly or in part from distilled liquor shall be branded "distilled vinegar," and shall not be colored in imitation of cider vinegar. All vinegar shall be made wholly from the fruit or grain from which it purports to be or is represented to be made, shall contain no foreign substance, and shall contain not less than four per cent, by weight, of absolute acetic acid.