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$ 32. STATE BOARD OF HEALTH TO FURNISH SAMPLES.] The State Board of Health may submit to the commissioner or any of his assistants samples of food or drink for examination or analysis, and shall receive special reports showing the results of such examination or analysis.
$ 33. STATE ANALYST SHALL NOT FURNISH CERTIFICATE OF PURITY.] It shall be unlawful for the State Analyst or any assistant State analyst to furnish to any individual, firm or corporation any certificate as to the purity or excellence of any article manufactured or sold by them to be used as food or in the preparation of food.
$ 34. Using SHIFT OR DEVICE.] The use of any shift or device to evade any of the provisions of this Act shall be deemed a violation of such provision and punishable as herein provided.
$ 35. MASTER's LIABILITY, ETC.] Whoever shall, by himself or another, either as principal, clerk or servant, directly or indirectly, violate any of the provisions of this Act, shall be guilty of a misdemeanor and punished as herein provided.'
§ 36. PENALTIES, LICENSE FEES AND PROCEEDS PAID TO STATE TREASURER. All fines, penalties, and all proceeds collected from goods confiscated and sold under the provisions of this Act and other laws relating to dairy and food products, and all license fees collected hereunder, shall be paid into the State treasury.
$ 37. LABEL-SIZE OF TYPE.] The principal label on any package of food, as defined by this Act, shall be printed plainly and iegibly in English with or without the foreign label in the language of the country where the product is produced or manufactured and the size of type, if not otherwise described in this Act, shall be not smaller than eight-point (brevier) caps: Provided, that in case the size of the package will not permit the use of eight-point cap type, the size of the type may be reduced proportionately.
$ 38. FooD COMMISSION TO MAKE RULES AND REGULATIONS.] The State Food Commissioner shall make rules and regulations for carrying out the provisions of this Act, and shall have power to make rules and regulations for the analyzing and reporting the results thereof, of articles submitted for analysis by the State Board of Health, and regulating the analyzing and reporting thereon of samples taken under any law or laws of the United States by any person hereunder, or furnished by any officer or employé charged with the enforcement of the laws of the United States relative to the manufacture, sale or transportation of adulterated, misbranded, poisonous or deleterious foods, dairy products or articles manufactured from dairy products, or liquors.
§ 39. STANDARD OF PURITY AND STRENGTH.] In the enforcement of this Act, and in the construction thereof, the following named articles of food-stuffs, 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 (8.5) per cent of solids, not fat.
Condensed Milk and Evaporated Milk shall contain not less than twenty-eight (28) per cent of milk solids and one hundred (100) per cent of such milk solids shall contain not less than twenty-seven and five-tenths (27.5) per cent of milk fat.
Cream shall not contain 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 laevo-rotatory, contains not more than twenty-five (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 insoluble 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, not 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 centi-. meters the soluble matters from not less than ten (10) grams of vanilla bean.
Olive Oil has a refractory index (25°C) not less than one hundred 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.).
Winé 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.).
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.
In the enforcement of this Act and the construction thereof all articles of food not defined in this Act, when offered for sale or ex
posed for sale, or sold, shall conform to the definition and analytical requirements of the standards adopted and promulgated from time to time by the State Food Standard Commission: Provided, such standards for any article of food or drink, or for any substance used or intended to be used in food or drink, shall be deemed prima facie evidence of the proper standard of quality, purity and strength of any such article or substance, but shall only be deemed such prima facie evidence in the trial of cases brought in the proper courts to enforce the provisions of this Act.
Provided, that nothing in this section shall be construed to prevent the sale of any wholesome food product which varies from such standards, if such article of food be labeled so as to clearly indicate such variation.
§ 40.. PRELIMINARY HEARING BY THE COMMISSIONER. When it appears from the examination or analysis that the provisions 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 receipt of the post office department for such registered notice shall be received prima facie evidence that such notice has been given. 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. 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 ninety days from the taking of said sample.
$ 41. PENALTY.] Any person convicted of violating any of the provisions of the foregoing Act shall, for the first offense, be punished by a fine in a sum not less than fifteen (15) dollars, and not more than one hundred (100) dollars, or by imprisonment in the county jail not exceeding thirty days, or by both such fine and imprisonment, in the discretion of the court, and for the second and each subsequent offense by a fine of not less than twenty-five (25) dollars and not more than two hundred (200) dollars, or by imprisonment in the county jail not exceeding one year, or both, in the discretion of the court; or the fine above may be sued for and recovered before any justice of the peace or any other court of competent jurisdiction in the county where the offense shall have been committed, at the instance of the State Food Commissioner or any other person in the name of the People of the State of Illinois as plaintiff and shall be recovered in an action of debt.
§ 42. JUDGMENT-ISSUING CAPIAS.) When the rendition of the judgment imposes a fine as provided in any of the sections of this Act, it shall be the duty of the justice of the peace or other court rendering such judgment also to render a judgment for costs and such justice of the peace or other court shall forthwith issue a capias or warrant of commitment against the body of the defendant, commanding that unless the said fine and costs be forthwith paid the defendant shall be committed to the jail of the county and the constable or other officer, to whose hands said capias or warrant shall come, shall in default of such payment, arrest the defendant and commit him to the jail of the county, there to remain as provided in section 171. of “An Act to revise the law in relation to criminal jurisprudence,” in force July 1, 1885, unless such fines and costs shall sooner be paid.
§ 43. REPEAL.) All Acts and parts of Acts inconsistent with this Act are hereby repealed : Provided, that nothing in this Act contained shall be construed as repealing the Act entitled, “An Act to regulate the manufacture and sale of substitutes for butter." approved June 14, 1897, in force July 1, 1897, or any part thereof.
APPROVED May 14, 1907.
MILITARY AND NAVAL CODE. 1. Amends all of article 2, and sec.
Troop of cavalry.
Battalion of artillery. of 1903.
Battery of artillery.
$ 16. Company of engineers. general.
Medical department. tions.
Naval Reserve--organiza8 2. Staff
tion. 8 3. Adjutant general and as
$ 20. How promote efficiency. sistant -- duties-salaries, form of reports
Engineer division--organ8 4. Supplies how procured
State military fund.
$ 23. Band, $ 5. Division of infantry.
Line officers. 6. Brigade of infantry.
Command of naval reserve
in service---precedence. $ 7. Regiment of infantry.
§ 26. Naval forces under com$ 8. Battalion of infantry.
mand of commander-in.
chief. $ 9. Company of infantry.
$ 27. Officers - how elected § 10. Regiment of cavalry.
$ 28. Examinations.
8 1. Assistant
$ 2. Promotions.
§ 11. Penalty. (SENATE Bill No. 249. APPROVED MAY 28, 1907.) An Act to amend each and every section of article II, and section
one (1) and section two (2) of article IV of an Act entitled “An to establish a military and naval code for the State of Illinois, and to repeal all Acts in conflict herewith," approved May 14, 1903, in force July 1, 1903, and to add to article XII thereof an additional section to be numbered and known as section eleven (11).
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That each and every section of article II and section one (1) and section two (2) of article IV of an Act entitled "An Act to establish a military and naval code for the State of Illinois, and to repeal all Acts in conflict herewith," approved May 14, 1903, in force July 1, 1903, be and the same are hereby amended, and that there be added to article XII thereof an additional section to be numbered and known as section eleven (11), so as to read as follows:
ARTICLE II. -ORGANIZATION AND EXEMPTIONS.
§ 1. The land force of the organized militia shall be designated as the Illinois National Guard and shall consist of not more than twenty-four (24) battalions of infantry, one battalion of artillery, one regiment of cavalry of nine (9) troops, a company of engineers, one signal corps, a medical department and hospital corps, and shall be organized as a division under the command of a major general. The organized naval militia shall be designated as the Illinois Naval Reserve, and in time of peace shall consist of a ship's crew or complement. The commander-in-chief may consolidate, transfer, muster out, disband and make such other changes in the organization of the Illinois National Guard and the Illinois Naval Reserve from time to time as the best interests of the service may require, and shall make such brigade and regimental organizations as may be necessary for the land forces, and such squadron and ship's crew organization as may be necessary for the naval force: Provided, that the number of general officers appointed to carry out such organization shall never exceed four.
Every officer, non-commissioned officer, musician, private or enlisted man of the Illinois National Guard or Illinois Naval Reserve shall be exempt from jury duty, from payment of road labor and head or poll tax of every description during the time he shall hold a commission as an officer or be enrolled as an enlisted man in the Illinois National Guard or the Illinois Naval Reserve; the exemption