ivt 
 
 MANUAL 
 
 of the 
 
 ILLINOIS 
 DAIRY AND FOOD 
 LAW 
 
 Sanitary Food Law, Oleomargarine 
 Law, Stock Food Law 
 
 and 
 
 Rules for Labeling 
 
 In Force, July 1, 1911 
 
 Compliments of 
 A. H. JONES 
 State Food Commissioner. 
 
 SPRINGFIELD: 
 
 Illinois State Journal Co., State Printers 
 
\3W 
 
 Illinois State Food Commission. 
 
 Alfred H. Jones, Commissioner. 
 
 \ 
 
 John B. Newman, Assistant Commissioner. 
 T. J. Bryan, Ph.d., State Analyst. 
 Chas. F. McKinley, Attorney. 
 
 
 OFFICE AND LABORATORY. 
 
 p. Manhattan Building, 431 South Dearborn St., 
 Chicago, III. 
 
CONTENTS. 
 
 Page 
 
 Food Law 5 
 
 Sanitary Food Law 36 
 
 Oleomargarine Law 44 
 
 Stock Food Law 48 
 
 Rules for Labeling 55 
 
ILLINIOS DAIRY AND FOOD LAW, 
 
 .* 
 
 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 mis- 
 branded 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 citzen of the State of Illinois, and 
 who shall hold his office for a term of four 
 years and until his successor is appointed and 
 qualified, and who shall receive a salary of 
 thirty-six hundred dollars per annum, and his 
 necessary expenses incurred by him in the dis- 
 charge 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, manufac- 
 ture, sale, and labeling of food as herein 
 defined, and to prosecute or cause to be prose 
 cuted any person, firm or corporation, or agent 
 
 ♦Enacted 1907 and amended 1909 and 1911. 
 
6 
 
 thereof, engaged in the manufacture or sale 
 of any article manufactured or sold in viola- 
 tion 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 con- 
 sist of three members, one of whom shall be 
 the State Food Commissioner or his represen- 
 tative, who shall serve without extra pay; one 
 of whom shall be a representative of the Illi- 
 nois 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 determin- 
 ing 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 three thousand dollars ($3,000.00), per 
 annum and expenses incurred in official duties. 
 One chief chemist who shall be known as State 
 Analyst, whose salary shall be twenty-five hun- 
 dred dollars ($2,500.00) per annum and expen- 
 ses incurred in the discharge of official duties. 
 One attorney whose salary shall be eighteen 
 hundred dollars ($1,800.00) per annum, and 
 expenses incurred in the discharge of official 
 
7 
 
 duties. One chief clerk, .whose salary shall be 
 eighteen hundred dollars ($1,800.00) per annum 
 and expenses incurred in the discharge of offi- 
 cial duties. One assistant clerk, whose salary 
 shall be twelve hundred dollars ($1,200.00) per 
 annum and expenses incurred in the discharge 
 of official duties. Three stenographers at one 
 thousand dollars ( $1,000.00 ) per annum. 
 Twelve inspectors whose salaries shall be as 
 follows: For the first two years of service 
 
 twelve hundred dollars each, annually; for the 
 third year of service, fourteen hundred dollars 
 each, annually; and for each succeeding year 
 of service an additional increase of one hun- 
 dred dollars per year each, until the maximum 
 of eighteen hundred dollars a year each is 
 attained, and expenses incurred in the dis- 
 charge of their official duties. Said commis- 
 sioners shall also have authority to appoint one 
 bacteriologist at eighteen hundred dollars 
 ($1,800.00) per annum and expenses incurred 
 in the discharge of his official duties; and seven 
 analytical chemists, whose salaries shall he as 
 follows: For the first two years of service, 
 
 twelve hundred dollars, each, annually; for the 
 third year of service fourteen hundred dollars 
 each, annually; for the fourth year of service, 
 fifteen hundred dollars each, annually, and for 
 each succeeding year of service an additional 
 increase of one hundred dollars per year each, 
 until the maximum of eighteen hundred dollars 
 per year is attained, and expenses incurred in 
 the discharge of their official duties, and one 
 laboratory janitor at seven hundred and 
 twenty dollars ($720.00) per annum. 
 
 The said commissioner shall make annual 
 reports to the Governor not later than the 
 15th of January, of his work and proceedings, 
 and shall report in detail the number of in- 
 
8 
 
 S&ectors 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 informa- 
 tion, when in his judgment the interests of the 
 State would be promoted thereby. 
 
 The said commissioner shall maintain an 
 office and laboratory, where the business of 
 said department may be conducted. This sec- 
 tion shall not effect [affect] the term of office 
 of the present commissioner, and he shall be 
 regarded as having been appointed under the 
 provisions of this Act. 
 
 The Pood Commissioner shall make an analy- 
 sis and examinations for the State Charitable 
 Institutions, of foods, drugs, and such other 
 supplies as the laboratory of the State Pood 
 Commission is equipped and prepared to ex- 
 amine and analyze. 
 
 § 2. Power of commissioner and inspectors 
 making inspection.] The State Pood Com- 
 missioner, 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 manu- 
 factured food complies with the law, shall ex- 
 amine the raw materials used in the manufac- 
 ture of food products and determine whether 
 any filthy, decomposed or putrid substance is 
 used in their preparpiion. They may also ex- 
 amine 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 
 materials and finished products found therein; 
 but nothing in this Act shall be construed as 
 permitting such officers to enquire into, or 
 examine methods or processes of manufacture, 
 
9 
 
 or requiring or compelling proprietors or man- 
 ufacturers, 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 con- 
 tain 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 there- 
 from for analysis. The employees 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 pro- 
 hibited by law, and in securing samples thereof 
 as hereinafter provided for. 
 
 § 3. Refusal to assist inspector a misde- 
 meanor.] Whoever, by himself, his agent, 
 employee, or servant, hinders, obstructs, or in 
 any way interferes with any inspector, analyist, 
 or officer appointed hereunder, in the perform- 
 ance of his duty or in the exercise of his 
 powers as defined in this Act, or whoever 
 being an employee of a railroad, express com- 
 pany, or other common carrier refuses or fails 
 upon request to assist the State Pood Commis- 
 sioner, the Assistant Commissioner, the State 
 Analyst, or any Inspector appointed hereunder 
 in tracing, finding or disclosing the presence 
 of any article of food prohibited by law and in 
 securing samples thereof as provided for in 
 section 2 of this Act, shall be deemed guilty of 
 a misdemeanor and shall be punished as 
 hereinafter provided for. 
 
10 
 
 § 4. The person taking such sample as pro- 
 vided 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 there- 
 on 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 own 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 
 the same to the State Analyst or other com- 
 petent person appointed for the purpose of 
 making examinations or analysis 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 on the part of said sample to comply 
 with the provisions of this Act, then said per- 
 
11 
 
 son from whom said sample is taken shall 
 retain for the period of six months 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, and the testimony of the 
 person procuring said sample that he did pro- 
 cure the sample and that he sealed and num- 
 bered 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, and the testimony of the 
 person analyzing said sample that he received 
 the same in apparent good order, that said 
 sample was sealed, and the number thereof and 
 the 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 posses- 
 sion thereof, and the testimony of said two 
 witnesses as above shall be sufficient to make 
 prima facie proof. 
 
 § 5. Manufacturing adulterated or mis- 
 
 branded food misdemeanor.] It shall be unlaw- 
 ful 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 per- 
 son who shall violate any of the provisions of 
 
12 
 
 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 of food shall be 
 deemed misbranded or adulterated within the 
 provisions of this Act when intended for export 
 to any foreign country or purchaser, and pre- 
 pared 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 mis- 
 branded or adulterated, with intent to sell the 
 same, is hereby prohibited; and whoever shall 
 have in his possession, with the intent to sell, 
 or offer for sale, any article which is adulter- 
 ated 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 posses- 
 sion 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 — 
 
13 
 
 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 dele- 
 terious or detrimental to health, or any vinous, 
 malt or spirituous liquor or compound, or nar- 
 cotic drug. 
 
 In case of food. 
 
 First — If any substance has been mixed or 
 packed with it so as to reduce or lower or in- 
 juriously affect its quality, strength or purity. 
 
 Second — If any substance has been substi- 
 tuted 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 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: Pro- 
 vided, that when in the preparation of food 
 products for shipment they are preserved by 
 an external application, applied in such a man- 
 ner 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. 
 
14 
 
 salicylic 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 deceased animal, or one that 
 has died otherwise than by slaughter. 
 
 § 9. Misbranded defined.] The term “mis- 
 branded” as used herein, shall apply to all arti- 
 cles of food or drink, or articles which enter 
 into the composition of food or drink, the pack- 
 ages or labelfs] of .which shall bear any state- 
 ment, design, or device regarding such article, 
 or the ingredients or substance contained there- 
 in 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 manufac- 
 tured or produced. That for the purpose of 
 this Act an article shall also be deemed to be 
 misbranded — 
 
 In case of food: 
 
 First— It 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 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, 
 
15 
 
 chloral hydrate, or acetanilid, or any derivative 
 or preparation of any such substances con- 
 tained therein. 
 
 Third — If in any package form and the con- 
 tents 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 manu- 
 facture, 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 con- 
 tained therein, which statement, design or 
 device shall be false or misleading in any par- 
 ticular: 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 manufac- 
 tured 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 pack- 
 age in which it is offered for sale : Provided r 
 
16 
 
 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 dis- 
 tilled from the fermented mash of grain and 
 are of the same alcoholic strength: And pro- 
 vided, further , that nothing in this Act shall be 
 construed as requiring or compelling proprie- 
 tors or manufactures of proprietary foods, 
 which contain no unwholesome added ingre- 
 dients to disclose their trade formulas, except 
 in so far as the provisions of this Act may re- 
 quire 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. 
 
 § 10. Condemnation and confiscation of 
 
 MISBRANDED OR ADULTERATED 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 provision of this Act, or that does not con- 
 form to the definition or analytical require- 
 ments provided in this Act, and is being sold or 
 offered for sale or exposed for sale within the 
 State of Illinois, shall be liable to be proceeded 
 against in any court of record or before any 
 judge therof, or before any justice of the peace 
 within whose jurisdiction the same may be 
 found, and seized for condemnation and confls* 
 
17 
 
 nation; and authority and jurisdiction are here- 
 3 y 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, partic- 
 ularly 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 direc- 
 ted 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 war- 
 rant, and any other person who may be found 
 in possession of the said articles to appear at 
 the time and place therein specified, which ser- 
 vice shall be made in the same manner as ser- 
 ! vice or process in civil cases in such court or 
 before such justice of the peace. The hearing 
 upon such complaint shall be at the time and 
 place specified in the warrant, which time shall 
 be not less than five (5) days nor more than 
 fifteen (15) days from the date of issuing the 
 warrant: Provided, that if the execution and 
 service of the warrant as aforesaid is had less 
 than three (3) days before the return day of 
 the warrant, then the claimant shall be entitled 
 to a reasonable continuance. Upon the hearing 
 1 the complaint may be amended; and any per* 
 
 —2 F L 
 
18 
 
 son, firm or corporation that appears and 
 claims the said article or articles shall be re- 
 quired to file its claim in writing. Except as 
 herein provided, the proceedings shall conform 
 as near as may be to the proceedings upon 
 search warrants, except that either party may 
 demand a trial by jury upon any issue of fact 
 joined in any such case. And if such article is 
 condemned as being adulterated or misbranded, 
 or of a poisonous or deleterious character with- 
 in 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 pro- 
 ceeds 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 provisions of 
 this Act: Provided , however, that upon the 
 payment of - the costs of such proceedings and 
 the execution and delivery of a good and suffi- 
 cient 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 sold or 
 otherwise disposed of contrary to the provi- 
 sions of this Act, the court may, by order, 
 direct that such articles be delivered to the 
 owner thereof. 
 
 § 11. 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 
 
19 
 
 inegar shall be made wholly from the fruit or 
 rain from which it purports to be or is repre- 
 ssed to be made, shall contain no foreign sub- 
 tance, and shall contain not less than four per 
 ent, by weight, of absolute acetic acid. Any 
 inegar made or manufactured contrary to the 
 rovisions of this section shall be deemed to 
 e adulterated within the meaning of this Act. 
 Lny vinegar which is not branded as herein 
 .rovided shall be deemed to be misbranded 
 Shin the meaning of this Act. 
 
 § 12. Extracts to be labeled.] Extracts 
 nade of more than one principle shall be 
 abeled in a conspicuous manner with the name 
 )f each principle, or else with the name of the 
 nferior or adulterant; and in all cases when 
 tn extract is labeled with two or more names, 
 ;uch names must be in a conspicuous place on 
 said label, and in no instance shall such mix- 
 ;ure be called imitation, artificial or compound, 
 md the name of one of the articles used shall 
 lot be given greater prominence than another: 
 Provided, that all extracts which cannot be 
 nade from the fruit, berry, bean or other part 
 if the plant, and must necessarily be made 
 irtificially, as raspberry, strawberry, etc., shall 
 be labeled “imitation” in letters similar in size 
 and immediately preceding the name of the 
 article: Provided, further, that prepared cocoa- 
 nut, containing nothing other than cocoanut, 
 sugar and glycerine, shall be labeled as pre- 
 pared cocoanut, and when so made need not 
 be labeled “compound” or “mixture.” Any 
 such extract not labeled as herein provided for 
 shall [be] deemed to be misbranded within the 
 meaning of this Act. 
 
 § 13. Baking powder — how labeled.] No 
 person by himself, his servvant or his agent, or 
 as the servant of any other person, shall, first, 
 
20 
 
 make or manufacture baking powder or any 
 other mixture or compound intended for use as 
 baking powder; second, or sell, or exchange, 
 deliver or offer for sale or exchange such bak- 
 ing powder or any mixture or compound in- 
 tended for use as baking powder, unless the 
 same shall contain not less than ten per cent 
 available carbon dioxide and unless the com- 
 mon names of all the ingredients be printed 
 on the label. 
 
 § 14. Adulterated, spirituous, malt or 
 vinous liquors prohibited.] No person shall, 
 within this State, by himself, his servant or 
 agent, or as a servant or agent of any other 
 person or corporation, manufacture, brew, 
 distill, have or offer for sale, or sell any spiri- 
 tuous or fermented or malt liquor, containing 
 any drug, substance or ingredient not healthful 
 or not normally existing in said spirituous, 
 fermented or malt liquor, or which may be 
 deleterious or detrimental to health when such 
 liquors are used as a beverage, and the follow- 
 ing drugs, substances or ingredients shall be 
 deemed to be not healthful and shall be deemed 
 to be deleterious or detrimental to health 
 when contained in such liquors, to wit: Cocu- 
 lous indicus, copperas, opium, cayenne pepper, 
 picric acid, Indian hemp, strychnine, arsenic, 
 tobacco, darnel seed, extract of log wood, salts 
 of zinc copper, copper or lead, alum, methyl 
 alcohol and its derivatives and any extracts or 
 compounds of any of the above drugs, sub- 
 stances or ingredients and any person violat- 
 ing any of the provisions of this section shall 
 be deemed guilty of a misdemeanor. 
 
 § 15. Mutilating label prohibited.] Who- 
 ever shall deface, change, erase or remove any 
 mark, label or brand provided for by this Act 
 
21 
 
 th intent to mislead, deceive or to violate 
 y of the provisions of this Act, shall be held 
 hie to the penalties of this Act. 
 
 ) 16. Sale of unclean or unwholesome 
 
 LK FOR CONSUMPTION AND UNSANITARY CON- 
 
 iners prohibited.] No person; firm or cor- 
 ration shall offer for sale, or sell to any per- 
 i, firm or corporation, creamery or cheese fae- 
 ry, any unclean, unhealthful, unwholesome 
 adulterated milk or cream or any milk or 
 ^am which has not been well cooled or to 
 iich water or any foreign substance has been 
 ded, or milk or cream which has been han- 
 ed or transported in unclean or unsanitary 
 ssels or containers: Provided, that nothing 
 this section shall be construed to prevent 
 e sale of skim milk to factories engaged in 
 e manufacture of skim milk products, nor 
 e sale of skim milk under the provisions of 
 ction 19 of this Act. 
 
 § 17. Persons receiving milk to wash 
 l ns.] Any person, firm or corporation who 
 reives from any other person, firm or cor- 
 >ration, any milk or cream in cans, bottles or 
 jssels which have been transported over any 
 diroad or boat line, where such can, bottles 
 • vessels are to be returned, shall cause the 
 dd cans, bottles or vessels to be emptied be- 
 ire the said milk or cream contained therein 
 lall become sour, and shall cause said cans, 
 Dttles or vessels to be immediately washed 
 id thoroughly cleansed and aired. 
 
 § 18. Not to manufacture food from im- 
 
 JRE OR UNCLEAN MILK OR CREAM.] No person, 
 
 rm or corporation shall manufacture from un- 
 :ean, impure, unhealthful or unwholesome 
 iilk, or from cream from the same, any article 
 c food. 
 
22 
 
 § 19 . Sale of skim milk — cans — how 
 labeled.] No person, firm or corporation shall 
 sell, or expose for sale, or have in his posses 
 sion with intent to sell, in any store or place 
 of business, or on any wagon or other vehicle, 
 used in transporting milk from which cream 
 has been removed, any such milk or milk com- 
 monly called “skim milk” without first attach- 
 ing to the can, vessel or other package contain- 
 ing said milk, a tag with the words “skim 
 milk” printed on both sides of the said tag in 
 large letters, each letter being at least three- 
 fourths of an inch high and one-half inch wide. 
 Said tag shall be attached to the top or side of 
 said can, vessel or package where it can be 
 easily seen. 
 
 § 20. Instruments for measuring milk and 
 cream standard.] The State standard milk 
 measure or pipettes shall have for milk a 
 capacity of seventeen and six-tenths cubic 
 centimeters, and the State standard test tube 
 or bottles for milk shall have a capacity of 
 two cubic centimeters at a temperature of 
 sixty degrees Fahrenheit between “zero” and 
 ten on the graduated scale marked on the 
 necks thereof. For cream nine or eighteen 
 grams shall be used, and the standard test 
 tubes or bottles for cream shall have a capacity 
 of three or six cubic centimeters, respectively, 
 at a temperature of sixty degrees Fahrenheit 
 between “zero” and thirty on the graduated 
 scale marked on the necks thereof, and it is 
 hereby made a misdemeanor to use any other 
 measure, pipette, test tubes or bottle to deter- 
 mine the per cent of butter fat where milk or 
 cream is purchased by, or furnished to cream- 
 eries or cheese factories, and where the value of 
 said milk is determined by the per cent of 
 butter fat contained in the same. Any manu- 
 
23 
 
 icturer, merchant, dealer, or agent in this 
 tate who shall offer for sale or sell a cream 
 r milk pipette or measure, test tube or bottle 
 hich is not correctly marked or graduated as 
 erein provided, shall be guilty of a misde- 
 meanor and upon conviction thereof shall be 
 unished as provided in this Act. 
 
 § 20a. No person shall operate a milk or 
 ream testing apparatus to determine the per- 
 entage of butter fat in milk or cream for the 
 urpose of purchasing the same either for him- 
 9 lf or for another without first securing a 
 cense from the dairy and food commissioners 
 f this State, authorizing such person to so 
 perate such tester. Any person desiring to 
 ecure such license shall make application 
 berefor on a blank to be prepared and pro- 
 dded by the dairy and food commissioner, and 
 uch applicant, before being issued such license, 
 hall pass a satisfactory examination in person 
 nd prove by actual demonstration that he is 
 Competent and qualified to properly use such 
 ester and make an accurate test with the 
 ame. 
 
 j Such license shall be issued for a period .of 
 wo (2) years from and after the date of its 
 ssuance and a fee of one dollar ($1.00) shall 
 >e paid for such license by the licensee upon 
 he issuance thereof. The dairy and food com- 
 nissioner for just cause shall have authority 
 
 0 revoke any license issued under the provi- 
 sions of this Act. 
 
 The fees collected under the provisions of 
 his section shall be paid into the State treas- 
 lry monthly by the dairy and food commis- 
 sioner. 
 
 1 § 21. Underreading BABCOCK test prohib- 
 ited.] It shall be unlawful for the owner, 
 nanager, agent, or any employee of a creamery 
 
24 
 
 or cheese factory to manipulate or underreat 
 the Babcock test, or any other contrivance usee 
 for determining the quality or value of milk c 
 cream or to falsify the record thereof, or t( 
 pay for such milk or cream on the basis of am 
 measurement except the true measurement as 
 thereby determined. 
 
 § 22. Sale of preservatives prohibited.] Nc 
 person, firm or corporation shall manufacture 
 for sale, advertise, offer or expose for sale, 01 
 sell, any mixture or compound intended for use 
 as a preservative or other adulterant of milk 
 cream, butter or cheese, nor shall he manufac 
 ture for sale, advertise, offer or expose for sale 
 or sell any unwholesome or injurious preser 
 vative or any mixture or compound thereoi 
 intended as a preservative of any food. Pro 
 vided, however , that this section shall not appl; 
 to pure salt added to butter and cheese. 
 
 § 23. Vehicles to be marked.] Any person 
 firm or corporation, who shall in any of the 
 cities, incorporated towns or villages of this 
 State which contains a population of 5,000 or 
 over, engage in or carry on a retail business in 
 the sale or exchange of, or any retail traffic in 
 milk or cream shall have each and every carri 
 age or vehicle from which the same is vended, 
 conspicuously marked with the name of such 
 vendor on both sides of such carriage or 
 vehicle. 
 
 § 24. Illegal lard.] No person shall, within 
 this State, manufacture for sale, have in his 
 possession with intent to sell, offer or expose 
 for sale, or sell, as lard, any substance not the 
 legitimate and exclusive, product of the fat of 
 the hog. 
 
 § 25. Lard substitute.] No person shall 
 manufacture for sale within this State, or have 
 in his possession with intent to sell, offer or 
 
pose for sale, or sell, as lard, or as a substu 
 :e for lard, or as an imitation of lard, any 
 xture or compound which is designed to take 
 3 place of lard and which is made from ani- 
 il or vegetable oils or fats other than the fat 
 the hog, or any mixture or combination with 
 y animal or vegetable oils or fats, unless the 
 rce, barrel, tub, pail or package containing 
 3 same shall be distinctly and legibly brand- 
 
 I or labeled with the name of the person, 
 m or corporation making the same, together 
 th the location of the manufactory and the 
 jrds “lard substitute’’ or “adulterated lard” 
 
 ’ “compound,” “imitation” or “blend,” as the 
 se may be, or unless the same shall be sold 
 ider its own distinctive name, as provided for 
 
 section 9 of this Act. 
 
 § 26. Persons selling imitation or substi- 
 
 TTE FOR LARD TO INFORM PURCHASER.] It Shall 
 
 ■ unlawful to sell or offer for sale any “lard 
 bstitute” or “adulterated lard” or “com- 
 •und,” “imitation” or “blend,” as herein de- 
 led, without informing the purchaser thereof, 
 
 ■ the person or persons to whom the same is 
 tered for sale, that the substance sold or 
 fered for sale is “lard substitute” or “adulter- 
 ed lard” or “compound,” “imitation” or 
 llend,” as the case may be. 
 
 § 27. Sale of process butter not branded 
 iohibited.] No person, firm or corporation, 
 ?ent or employee, shall manufacture for sale, 
 
 II or offer or expose for sale, in this State, 
 ly butter that is produced by taking original 
 icking stock butter, or other butter, or both, 
 id melting same so that the butter fat can be 
 :awn off or extracted, then mixing the said 
 itter fat with skimmed milk, or milk, or 
 /earn, or other milk product, and rechurning or 
 (working the said mixture, or that produced by 
 
26 
 
 any process that is commonly known as boilec; 
 process or renovated butter, unless the same is 
 branded or marked, as provided in section 2 ; 
 of this Act. 
 
 § 28. Process butter — how branded.] Nc 
 person, firm or corporation, agent or employee 
 shall sell, or offer or expose for sale, or deliver 
 to a purchaser, any boiled, process or renovated 
 butter, as defined in section 27 of this Act un 
 less the words “Renovated Butter” shall to 
 plainly branded with gothic or bold face 
 letters at least three-fourths' of an inch in 
 length on the top and sides of each tub, or box. 
 or pail, or other kind of case or package, or on 
 the wrapper of prints or rolls or bulk packages 
 in which it is put up. If such butter is exposed 
 for sale uncovered, or not in a case or package, 
 a placard containing the label so printed shall 
 be attached to the mass of butter in such a 
 manner as to be easily seen and read by the 
 purchaser. The branding or marking of all 
 packages shall be in the English language, and 
 in a conspicuous place so as to be easily seen 
 and read by the purchaser. 
 
 § 29. Ileecal foods to be seized.] Whenever 
 the commissioner or his agents shall have 
 ground for suspicion that any article of food, 
 found in possession of any person, firm or cor- 
 poration, is adulterated or misbranded within 
 the meaning of this Act, he may seize such 
 article of food and make an inventory thereof, 
 and shall leave a copy of such inventory with 
 the party holding such suspected goods, and tag 
 the same ^suspected;” and he shall notify in 
 writing the person, firm or corporation in 
 whose possession it may be found, not to offer 
 the same for sale or sell or otherwise dispose; 
 of the same until further notice in writing 
 from the commissioner. Whereupon the com 
 
27 
 
 issioner shall forthwith cause a sample of 
 tid article of food to he examined or analyzed, 
 id if the same shall be found to he adulter- 
 ed or misbranded within the meaning of this 
 ct, the commissioner’ shall proceed with a 
 earing and subsequent proceedings as pro- 
 dded in this Act. If, however, such examin- 
 don or analysis shall show that such article 
 f food complies with the provisions of this 
 t ct, the person, firm -or corporation in whose 
 ossession such article of food is found shall 
 forthwith be notified in writing that said 
 eizure is released, and authority given to dis- 
 pose of such article of food. Such seizure may 
 e had without a warrant and said commis- 
 ioner, and all inspectors and agents appointed 
 pursuant to law, are hereby given full power 
 nd authority of “policemen.” Any court hav- 
 ing jurisdiction, upon receiving proof of^ prob- 
 able cause for believing in the concealment of 
 my food or dairy product or substitutes there- 
 !or, or imitation thereof, kept for sale or for a 
 mrpose, or had in possession or under control, 
 contrary to the provisions of this Act, or other 
 aws which now exist or may be hereafter en- 
 acted, shall issue a search warrant and cause 
 i search to be made in any place therefor, and 
 [■o that end may cause any building, enclosure, 
 wagon or car to be entered, and any apartment, 
 diest, box, locker, tub, jar, crate, basket or 
 package to be broken open and the contents 
 .hereof examined. 
 
 § 30. Search warrants to be issued for 
 illegal food.] All warrants issued pursuant to 
 section 29 hereof shall be directed to the 
 sheriff, bailiff or some constable of the county 
 where such food or dairy products may be sup- 
 posed to be concealed, commanding such officer 
 to search the house or place where such food or 
 
28 
 
 dairy product, or substitute thereof, or imii; 
 tion thereof for which he is required to searc 
 is believed to be concealed, which place and tt 
 property to be searched for, shall be designate 
 in the warrant, and to bring such food or daii 
 product or substitute therefor dr imitatic 
 thereof, when found, and the person in whos 
 possession the same is found, before the magi 
 trate who issued the warrant, or before son 
 other court or magistrate having jurisdictio 
 of the case to be proceeded against as herei] 
 before provided for in section 10 of this Act. 
 
 § 31. State’s attorney to assist.] It sha 
 be the duty of the State’s Attorney in an 
 county of this State when called upon by tlj 
 commissioner or any of his assistants, to rei 
 der any legal assistance in his power to execut 
 the law and to prosecute cases arising und> 
 the provisions of this Act: Provided , that n 
 person shall be prosecuted under the provision 
 of this Act for selling or offering for sale an 
 article of food or drugs as defined herein, whe 
 the same is found to be adulterated or mi! 
 branded within the meaning of this Act, in th 
 original unbroken package in which it wa 
 received by said person when he can establis 
 a guaranty signed by the wholesaler, jobbei 
 manufacturer or other party residing in thi 
 State, from whom he purchased such article, t 
 the effect that the same is not adulterated o 
 misbranded in the original unbroken packag 
 in which said article was received by sai 
 dealer; within the meaning of this Act, desi§ 
 nating it. Said guaranty to afford protection 
 shall contain the name and address of th 
 party or parties making the sale of such articl 
 to such dealer, and in such case said party o 
 parties shall be amenable to the prosecutions 
 fines and other penalties as provided for in thi 
 
29 
 
 Act: Provided, that no such guaranty shall 
 operate as a defense to prosecutions for the 
 violation of this Act. First, if the dealer shall 
 continue to sell after notice by the State Food 
 Commissioner that such article is adulterated 
 >r misbranded within the meaning of this Act; 
 •second, if the dealer shall fail to preserve for 
 ;he* manufacturer or guarantor and deliver to 
 aim upon demand the sample left with him by 
 :he commissioner or his agent. 
 
 § 32. State board of health to furnish 
 samples.] The State Board of Health may sub- 
 mit to the commissioner or any of his assis- 
 tants 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 cer- 
 tificate of purity.] It shall be unlawful for 
 the State Analyst or any assistant State 
 Analyst to furnish to any individual, firm or 
 i 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 prepar- 
 ation of food. 
 
 § 34. Using shift or device.] The use of 
 ^any shift or device to evade any of the pro- 
 visions of this Act shall be deemed a violation 
 of such provision and punishable as herein 
 provided. 
 
 § 35. Master’s liability, etc.U Whoever 
 j 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 here- 
 in provided. 
 
 § 36. Penalties, license fees and proceeds 
 paid to the state treasurer.] All fines, penal- 
 ties, and all proceeds collected from goods com 
 
30 
 
 fiscated and sold under the provisions of this 
 Act and other laws relating to dairy and food 
 products, and all license fees collected here- 
 under, shall be paid into the State treasury. 
 
 § 37. Label — size of type,.] The principal 
 label on any package of food, as defined by this v 
 Act, shall be printed plainly and legibly 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 not be 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 commissioner 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 employee charged with the enforcement of 
 the laws of the United States relative to the 
 manufacture, sale or transportation of adulter- 
 ated, 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 con- 
 struction thereof, the following named articles 
 of food stuffs, when offered for sale or exposed 
 
31 
 
 ! or sale, or sold, shall conform to the analy- 
 tical requirements set opposite each, respec- 
 tively. 
 
 Milk shall contain not less than three (3) 
 3er cent of milk fat and not less than eight and 
 me-half (8.5) per cent of solids, not fat. 
 
 1 Cream shall contain not less than eighteen 
 (18) per cent of milk fat. 
 
 Maple Sugar shall contain not less than 
 sixty-five one-hundreths (0.65) per cent of 
 ,naple ash in the water-free substance. 
 
 Honey is laevo-rotory, contains not more than 
 twenty-five (25) per cent of water, not more 
 than twenty-five hundreths (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 no.t 
 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. 
 
32 
 
 Olive Oil has a refractive index (25° G.) not 
 less than one and forty-six hundred and sixty 
 ten thousands (1.4660) and not exceeding one 
 and forty-six hundred and eighty ten thou- 
 sandths (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 centi- 
 meters (20° C.) . 
 
 Cider Vinegar shall contain not less than 
 six-tenths (0.6) grams of apple solids, and 
 not less than twenty-five hundreths (0.25) 
 grams of apple ash in one hundred (100) cubic 
 centimeters (20° C.). 
 
 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.). 
 
 Malt Vinegar shall contain in one hundred 
 (100) cubic centimeters (20° C.) not less than 
 two (2) grams of solids and not less than two- 
 tenths .(0.2) gram of ash. 
 
 In the enforcement of this Act and the con- 
 struction 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 State Food Standard Commission: Pro- 
 vided, 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 
 
33 
 
 in this section shall be construed to prevent 
 the sale of any wholesome food product which 
 varies from such standards, if such articles of 
 food be labeled so as to clearly indicate such 
 variation. 
 
 § 39a. Whoever offers for sale, exposes for 
 sale, or sells any article of food which does not 
 conform to the definition or analytical require- 
 ments provided for in section 39 of this Act 
 shall be guilty of a misdemeanor and shall he 
 punished as herein provided. 
 
 § 40. Preliminary hearing by the, commis- 
 sioner.] When it appears from the examin- 
 ation 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, whole- 
 saler, retailer, or other dealer, by registered 
 mail. The receipt of the postoffice department 
 for such registered notice shall be received as 
 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 in- 
 stituted against any person for a violation of 
 
 -3PL 
 
the pravisioiis of this Act, unless the same shall 
 have been commenced within six months 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 
 fine in any sum not less than fifteen (15) dol- 
 lars, and not more than one hundred (100) dol- 
 lars, 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) dol- 
 lars and not more than two hundred (200) dol- 
 lars, 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 Pood 
 Commissioner or any other person in the name 
 of the People of the State of Illinois as plain- 
 tiff 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 un- 
 less 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 
 
35 
 
 the county, there to remain as provided in 
 section 171 of “An Act to revise the law in re- 
 lation to criminal jurisprudence,” in force 
 July 1, 1885, unless such fine 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 he 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, in force July 1, 1907. 
 
 Amendment to section 39, approved June 14, 
 1909, in force July 1, 1909. 
 
 Sections 20a and 39a and amendments to sec- 
 tions 1, 3, 4, 9, 10, 11, 12, 20, 21 and 40, approved 
 June 6, 1911, in force July 1, 1911. 
 
36 
 
 SANITARY FOOD LAW. 
 
 An Act to prevent the preparation , manufac - 
 . ture, packing , storing , or distributing of food 
 intended for sale , or saZe 0 / food under in- 
 sanitary, unhealthful or unclean conditions or 
 surroundings, to create a sanitary inspection , 
 to declare that such conditions shall consti- 
 tute a nuisance, and to provide for the en- 
 forcement thereof. 
 
 Section 1. Be it enacted by the People of the 
 of the State of Illinois, represented in the Gen- 
 eral Assembly : That every building, room, 
 basement, enclosure or premises, occupied, used 
 or maintained as a bakery, confectionery, can- 
 nery, packing house, slaughter house, creamery, 
 cheese factory, restaurant, hotel, grocer, meat 
 market, or as a factory, shop, warehouse,, any 
 public place or manufacturing establishment 
 used for the preparation, manufacture, packing, 
 storage, sale or distribution of any food as 
 defined by statute, which is intended for sale, 
 shall be properly and adequately lighted, 
 drained, plumbed and ventilated, and shall be 
 conducted with strict regard to the influence of 
 such conditions upon the health of the oper- 
 atives, employees, clerks, or other persons 
 therein employed, and the purity and whole- 
 someness of the food therein produced, pre- 
 pared, manufactured, packed, stored, sold or 
 distributed. 
 
 § 2. The floors, sidewalls, ceilings, furni- 
 ture, receptacles, implements and machinery of 
 every such establishment or place where such 
 
37 
 
 food intended for sale is produced, prepared, 
 manufactured, packed, stored, sold or distrib- 
 uted, and all cars, trucks and vehicles used in 
 the transportation of such food products, shall 
 at no time be kept or permitted to remain in an 
 unclean, unhealthful or insanitary condition; 
 and for the purpose of this Act, unclean, un- 
 healthful and insanitary conditions shall be 
 deemed to exist if food in the process of pro- 
 duction, preparation, manufacture, packing, stor- 
 ing, sale, distribution or transportation is not 
 securely protected from flies, dust, dirt, and as 
 far as may be necessary, by all reasonable 
 means, from all other foreign or injurious con- 
 tamination; or if the refuse, dirt or waste pro- 
 ducts subject to decomposition and fermenta- 
 tion incident to the manufacture, preparation, 
 packing, storing, selling, distributing or trans- 
 portation of such food are not removed daily, 
 or if all trucks, trays, boxes, buckets or other 
 receptacles, or the shutes, platforms, racks, 
 tables; shelves, and knives, saws, cleavers or 
 other utensils, or the machinery used in moving, 
 handling, cutting, chopping, mixing, canning or 
 other processes are not thoroughly cleaned 
 daily; or if the clothing of operatives, em- 
 ployees, clerks or other person therein em- 
 ployed, is unclean. 
 
 § 3. The sidewalls and ceilings of every 
 bakery, confectionery, creamery, cheese factory, 
 and hotel or restaurant kitchen shall be so con- 
 structed that they can easily be kept clean; and 
 every building, room, basement, or inclosure 
 occupied or used for the preparation, manufac- 
 ture, packing, storage, sale or distribution of 
 food shall have an impermeable floor made of 
 cement or tile laid in cement, brick, wood or 
 other suitable material which can be flushed 
 and washed clean. with water. 
 
38 
 
 § 4. All such factories, buildings, and other 
 places containing food, shall be so provided 
 with proper doors and screens adequate to pre- 
 vent contamination of the product from flies. 
 
 § 5. Every such building, room, basement, 
 inclosure, or premises occupied, used or main- 
 tained for the production, preparation, manu- 
 facture, canning, packing, storage, sale or dis- 
 tribution of such food, shall have adequate and 
 convenient toilet rooms, lavatory or lavatories. 
 The toilet rooms shall be separate and apart 
 from the room or rooms where the process of 
 production, preparation, manufacture, packing, 
 storing, canning, selling and distributing is 
 conducted. The floors of such toilet rooms shall 
 be of cement, tile, wood, brick or other non- 
 absorbent material, and shall be washed and 
 scoured daily. Such toilet or toilets shall be 
 furnished with separate ventilating flues and 
 pipes discharging into soil pipes or shall be on 
 the outside of and well removed from the build- 
 ing. Lavatories and wash rooms shall be ad- 
 jacent to toilet rooms, or when the toilet is out- 
 side of the building, the wash room shall be 
 near the exit to the toilet and shall be sup- 
 plied with soap, running water and towels and 
 shall be maintained in a sanitary condition. 
 
 § 6. If any such building, room, basement, 
 inclosure or premises occupied, used or main- 
 tained for the purposes of the aforesaid, or if 
 the floors, sidewalls, ceilings, furniture, recep- 
 tacles, implements, appliances or machinery of 
 any such establishment, shall be constructed, 
 kept, maintained, or permitted to remain in a 
 condition contrary to any of the requirements 
 or provisions of the preceding five (5) sections 
 of this Act, the same is hereby declared a nui- 
 sance, and any toilet, toilet room, lavatory or 
 wash room as aforesaid, which shall be con- 
 
structed, kept, maintained or permitted to re- 
 main in a condition contrary to the require- 
 ments or provisions of section five (5) of this 
 Act, is hereby declared a nuisance; and any car, 
 truck, or vehicle used in the moving or trans- 
 portation of any food product as aforesaid, 
 which shall be kept or permitted to remain in 
 an unclean, unhealthful or insanitary condition 
 is hereby declared a nuisance. Whoever unlaw- 
 fully maintains, or allows or permits to exist 
 a nuisance as herein defined shall bo guilty of 
 a misdemeanor, and, on conviction thereof, shall 
 be punished as herein provided. 
 
 § 7. Every person, firm or corporation oper- 
 ating or maintaining an establishment or place 
 where food is produced, prepared, manufac- 
 tured, packed, stored, sold or distributed shall 
 provide the necessary cuspidors for the use of 
 the operatives, employees, clerks, and other per- 
 sons and each cuspidor shall be thoroughly 
 emptied and washed out daily with water or a 
 disinfectant solution, and five ounces thereof 
 shall be left in each cuspidor while it is in 
 use. Whoever fails to observe the provisions of 
 this section shall be guilty of a misdemeanor, 
 and punished as hereinafter provided. 
 
 § 8. No operative, employee, or other persons . 
 shall expectorate on the food or on the utensils 
 or on the floors or sidewalls of any building, 
 room, basement or cellar where the production, 
 preparation, manufacture, packing, storing or 
 sale of any such food is conducted. Operatives, 
 employees, clerks, and all other persons who 
 handle the material from which such food is 
 prepared or the finished product, before begin- 
 ning work, or after visiting toilet or toilets, shall 
 wash their hands thoroughly in clean water. 
 Whoever fails to observe or violates the pro- 
 
40 
 
 visions of this section shall be guilty of a mis- 
 demeanor and punished by a fine of not more 
 than twenty-five dollars. 
 
 § 9. It shall be unlawful for any person to 
 sleep, or to allow or permit any person to sleep 
 in any work room of a bake shop, kitchen, din- 
 ing room, confectionery, creamery, cheese fac- 
 tory or any place where food is prepared for 
 sale, served or sold, unless all foods therein 
 handled are at all times in hermetically sealed 
 packages. 
 
 § 10. It shall be unlawful for an employer 
 to require, suffer or permit any person who is 
 affected with any contagious or venereal disease 
 to work, or for any person so affected to work, 
 in a building, room, basement, inclosure, prem- 
 ises or vehicle occupied or used for the produc- 
 tion, preparation, manufacture, packing, stor- 
 age, sale, distribution, or transportation of food. 
 
 § 11. It shall be the duty of the State Food 
 Commissioner and those appointed by him to 
 enforce this Act, and for that purpose the State 
 Food Commissioner and his appointees shall 
 have full power at all times to enter every such 
 building, room, basement, inclosure or premises 
 occupied or used or suspected of being occupied 
 or used for the production, preparation or man- 
 ufacture for sale, or the storage, sale, distribu- 
 tion or transportation of such food, to inspect 
 the premises and all utensils, fixtures, furniture 
 and machinery used as aforesaid; and if upon 
 inspection any such food producing or distribu- 
 ting establishment, conveyance, or any employer, 
 employee, clerk, driver, or other person is found, 
 to be violating any of the provisions of this Act, 
 or if the production, preparation, manufacture, 
 packing, storage, sale, distribution or transpor- 
 tation of such food is being conducted in a man- 
 ner detrimental to the health of the employees 
 
41 
 
 and operatives, or to the character or quality 
 of the food therein being produced, manufac- 
 tured, packed, stored, sold, distributed or con- 
 veyed, the officer or inspector making the in- 
 spection or examination shall report such con- 
 ditions and violations to the State Food Com- 
 missioner. The State Food Commissioner or 
 the Assistant Commissioner shall thereupon 
 issue a written order to the person, firm or cor- 
 poration responsible for the violation or con- 
 dition aforesaid to abate such condition or vio- 
 lation or to make such changes or improve- 
 ments as may he necessary to abate them, with- 
 in such reasonable time as may be required in 
 which to abate them. Notice of such order may 
 be served by delivering a copy thereof to said 
 person, firm or corporation, or by sending a 
 copy thereof by registered mail, and the receipt 
 thereof through the postoffice shall be prima 
 facie evidence that notice of said order has 
 been received. Such person, firm or corporation 
 shall have the right to appear in person or by 
 attorney before the State Food Commissioner, 
 or the person appointed by him for such pur- 
 pose, within the time limited in the order, and 
 shall be given an opportunity to be heard and 
 to show why such order or instructions should 
 not be obeyed. Such hearing shall be under 
 such rules and regulations as may be prescribed 
 by the State Food Commissioner. If after such 
 hearing it shall appear that the provisions or 
 requirements of this Act have not been violat- 
 ed, said order shall be rescinded. If it shall 
 appear that the requirements or provisions of 
 this Act are being violated, and that the person, 
 firm or corporation notified as aforesaid is re- 
 sponsible therefor, said previous order shall be 
 confirmed or amended, as the facts shall war- 
 rant, and shall thereupon be final, but such 
 
42 
 
 additional time as is necessary may be granted 
 within which to comply with said final order. 
 If such person, firm or corporation is not 
 present or represented when such final order 
 is made, notice thereof shall be given as above 
 provided. On failure of the party or parties to 
 comply with the first order of the State Food 
 Commissioner within the time prescribed, when 
 no hearing is demanded, or upon failure to 
 comply with the final order, within the time 
 specified, the State Food Commissioner shall 
 certify the facts to the State’s Attorney of the 
 county in which such violation occurred, and 
 such State’s Attorney shall' proceed against the 
 party or parties for the fines and penalties pro- 
 vided by this Act, and also for the abatement 
 of the nuisance: Provided, that the proceedings 
 herein prescribed for the abatement of nuis- 
 ances as defined in this Act ^shall not in any 
 manner relieve the violator ‘from prosecution 
 in the first instance for every such violation, 
 nor from the penalties for such violation pre- 
 scribed by section 13 of this Act. 
 
 § 12. AH fines collected under the provisions 
 of this Act shall be paid into the county treas- 
 ury of the county in which the prosecution is 
 brought, and it shall be the duty of the State’s 
 Attorneys in the respective counties to prose- 
 cute all persons violating or refusing to obey 
 the provisions of this Act. 
 
 § 13. Whoever violates any of the provisions 
 of this Act, or who refuses to comply with any 
 lawful order or requirement of the State Food 
 Commissioner, duly made in writing as pro- 
 vided in section 11 of this Act, shall be guilty 
 of a misdemeanor and on conviction shall be 
 punished for the first offense by a fine of not 
 less than ten dollars ($10.00) nor more than 
 two hundred dollars ($200.00), and for the 
 
43 
 
 second and subsequent offenses by a fine of not 
 less than fifty dollars ($50.00) nor more than 
 two hundred dollars ($200.00), or by imprison- 
 ment in the county jail for not more than ninety 
 days, or both, in the discretion of the court, 
 and each day after the expiration of the time 
 limit for abating insanitary conditions and 
 completing improvements to abate such con- 
 ditions, as ordered by the State Food Commis- 
 sioner, as aforesaid, shall constitute a distinct 
 and separate offense. 
 
 § 14. All Acts and parts of Acts in conflict 
 with the provisions of this Act are hereby re- 
 pealed. 
 
 Approved June 5, 1911. In force July 1, 1911. 
 
44 
 
 OLEOMARGARINE LAW. 
 
 An Act to regulate the manufacture and sale 
 of substitutes for butter. 
 
 Section 1. Be it enacted by the People of 
 the State of Illinois , represented in the General 
 Assembly: That for the purpose of this Act, 
 every article, substitute or compound or any 
 other than [that] which is produced from pure 
 milk or cream therefrom, made in the sem- 
 blance of butter and designed to be used as a 
 substitute for butter made from pure milk or 
 its cream, is hereby declared to be imitation 
 butter : Provided, that the use of salt and 
 harmless coloring matter for coloring the pro- 
 duct of pure milk or cream shall not be con- 
 strued to render such product an imitation. 
 
 § 2. No person shall coat, powder or color 
 with annato or any coloring matter whatever, 
 any substances designed as a substitute for but- 
 ter, whereby such substitute or product so 
 colored or compounded shall be made to resem- 
 ble butter, the product of the dairy. 
 
 No person shall combine any animal fat or 
 vegetable oil or other substance with butter, or 
 combine therewith, or with animal fat or vege- 
 table oil, or combination of the ’two, or with 
 either one, any other substance or substances, 
 for the purpose or with the effect of imparting 
 thereto a yellow color or any shade of yellow so 
 that such substitute shall resemble yellow or any 
 shade of genuine yellow butter, nor introduce 
 any such coloring matter or such substance or 
 
45 
 
 substances into any of the articles of which the 
 same is composed: Provided , nothing in this 
 Act shall be construed to prohibit the use of 
 salt, rennet and harmless coloring matter for 
 coloring the products of pure milk or cream 
 from the same. 
 
 No person shall, by himself, his agent, or 
 employees produce or manufacture any sub- 
 stance in imitation, or semblance of natural 
 butter, nor sell nor keep for sale, nor offer for 
 sale any imitation butter, made or manufac- 
 tured, compounded or produced in violation of 
 this section, whether such imitation butter 
 shall be made or produced in this State or else- 
 where. 
 
 This section shall not be construed to pro- 
 hibit the manufacture and sale, under the regu- 
 lations hereinafter provided, of substances de- 
 signed to be used, as a substitute for butter 
 and not manufactured or colored as herein pro- 
 vided. 
 
 § 3. Every person who lawfully manufac- 
 tures any substances designed to be used as a 
 substitute for butter, shall mark by branding, 
 stamping or stenciling upon the top or side of 
 each box, tub, firkin or other package in which 
 such article shall be kept, and in which it shall 
 be removed from the place where it is produced, 
 in a clear and durable manner in the English 
 language, the word “oleomargarine, ” or the 
 word “butterine,” or the words “substitute for 
 butter,” or the words “imitation butter,” in 
 printed letters in plain Roman type, each of 
 which shall not be less than three-quarters of 
 an inch in length. 
 
 § 4. It shall be unlawful to sell or offer for 
 sale any imitation butter without informing 
 the purchaser thereof, or the person or persons 
 
46 
 
 to whom the same is offered for sale, that the 
 substance sold or offered for sale is imitation 
 butter. 
 
 § 5. No person, by himself or others, shall 
 ship, consign or forward by any common car- 
 rier, whether public or private, any substance 
 designed to be used as a substitute for butter 
 unless it shall be marked or branded on each 
 tub, box, firkin, jar or other package containing 
 the same, as provided in this Act, and unless it 
 be consigned by the carriers and receipted for 
 by its true name: Provided , that this Act shall 
 not apply to any goods in transit between for- 
 eign states across the State of Illinois. 
 
 § 6. No person shall have in his possession 
 or under his control any substance designed to 
 be used as a substitute for butter, unless the 
 tub, firkin, jar, box or other package contain- 
 ing the same be clearly and durably marked as 
 provided in this Act: Provided , that this sec- 
 tion shall not be deemed to apply to persons 
 who have the same in their possession for the 
 actual consumption of themselves [or] their 
 families. Every person who shall have posses- 
 sion or control of any imitation butter for the 
 purpose of selling the same which is not 
 marked as required by the provisions of this 
 Act, shall be presumed to have known during 
 the time of such possession or control the true 
 character and name, as fixed by this Act, of 
 such product. 
 
 § 7. Whoever shall have possession or con- 
 trol of any imitation but’ter or any substance 
 designed to be used as a substitute for butter, 
 contrary to the provisions of this Act, for the 
 purpose of selling the same, or offering the 
 same for sale shall be held to have possession 
 of such property with intent to use it in viola- 
 tion of this Act. 
 
47 
 
 § 8. No action shall be maintained on ac- 
 count of any sale or contract made in violation 
 of, or with intent to violate, this Act, by or 
 through any person who was knowingly a party 
 to such wrongful sale or contract. 
 
 § 9. Whoever shall deface, erase or remove 
 any mark provided by this Act, with intent to 
 mislead, deceive or to violate any of the pro- 
 visions of this Act, shall be guilty of a mis- 
 a demeanor. 
 
 § 10. Whoever shall violate any of the pro- 
 visions of this Act shall be punished by a fine 
 of not less than $50 nor more than $200, or by 
 imprisonment in the county jail not to exceed 
 60 days for each offense, or by both fine and 
 imprisonment, in the discretion of the court, 
 or the fine alone may be sued for and recovered 
 before any justice of the peace in the county 
 where the offense shall be committed, at the 
 instance of any person in the name of the 
 People of the State of Illinois as plaintiff. 
 
 § 11. It is hereby made the duty of the 
 State’s Attorney of each county in this State 
 to prosecute all violations of this Act upon com- 
 plaint of any person, and there shall be taxed 
 as his fees in the case the sum of ten dollars 
 ($10), which shall be taxed as costs in the 
 case. 
 
 Approved June 14, 1897, in force July 1, 1897. 
 
48 
 
 STOCK FOOD LAW. 
 
 (As Amended in 1911.) 
 
 An Act to regulate the sale and analysis of 
 concentrated feeding stuffs. 
 
 Section 1. Be it enacted by the People of 
 the State of Illinois, represented in the General 
 Assembly: Every lot or parcel of concentrated 
 commercial feed stuffs, as defined in section 2 
 of this Act, used for feeding farm live stock, 
 sold or offered or exposed for sale within this 
 State, shall have affixed thereto, in a conspic- 
 uous place on the outside thereof, a plainly 
 printed statement in the English language 
 clearly and truly certifying: 
 
 (a) The net weight of the contents of the 
 package, lot or parcel; 
 
 ( b ) The name, brand or trade mark; 
 
 (c) The name and principal address of the 
 manufacturer or the person responsible for 
 placing the commodity on the market; 
 
 (d) The minimum per centum of crude pro- 
 tein; the minimum per centum of crude fat; 
 and the maximum percentum of crude fibre; 
 (to be determined by ' the methods adopted by 
 the Association of Official Agricultural Chem- 
 ists of the United States). 
 
 (e) The specific name of each ingredient 
 used in its manufacture. A copy of said state- 
 ment shall be filed with the State Food Comis- 
 sioner on or before January 10th of each year. 
 
 If the feed stuff is sold in bulk, or if it is 
 put up in packages belonging to the purchaser, 
 
49 
 
 the agent or dealer shall, upon the request of 
 [ the purchaser, furnish him with the certified 
 statement described in this section. 
 
 § 2. The term “concentrated commercial 
 feed stuff,” as used in this Act, shall include 
 cotton seed meals, linseed meals, pea meals, 
 bean meals, peanut meals, cocoanut meals, 
 gluten meals, gluten feeds, maize feeds, starch 
 : feeds, sugar feeds, sucrene feeds, and all oil 
 meals of all kinds, dried distillers’ grains, dried 
 ' brewers’ grains, dried beef refuse, malt sprouts, 
 [ malt refuse, hominy feeds, cereline feeds, rice 
 meals, oat feeds, corn and oat feeds, corn, oat 
 ■ and barley feeds, chop feeds, corn bran, ground 
 [beef or fish, scraps, meat and bone meals, 
 mixed feeds, except as otherwise provided in 
 I section 3 of this Act — clover and alfalfa meals, 
 any mixture of any of the before mentioned 
 ! substances with each other or with any other 
 [substance, condimental stock and poultry foods, 
 ! medicinal stock and poultry foods consisting of 
 ! or containing any of the substances included as 
 [ concentrated commercial feed stuff as defined 
 ! by this section, patented, proprietary or trade- 
 marked stock and poultry foods, and all other 
 materials of a similar nature intended for stock 
 or poultry, not included in section 3 of this 
 Act. 
 
 § 3. The term “concentrated commercial feed 
 stuffs,” as used in this Act shall not include 
 hays and straws, the whole seeds nor the un- 
 mixed meals made directly from the entire 
 grains of wheat,- rye, barley, oats, Indian corn, 
 buckwheat and broom corn. Neither shall it 
 include wheat bran or wheat middlings not 
 mixed with other substances, but sold sepa- 
 rately as distinct articles of commerce, nor 
 wheat bran and wheat middlings mixed to- 
 
 — 4 F L 
 
50 
 
 gether, not mixed with any other substances, 
 and known in the trade as “mixed feed,” nor 
 pure grains ground together unmixed with 
 other substances. 
 
 § 4. Any manufacturer, importer, agent or 
 other person selling, offering or exposing for 
 sale any concentrated feed stuffs included in 
 section 2 of this Act, without the printed state- 
 ment required by section 1 of this Act, or with 
 a label stating that the said feed stuffs contains 
 substantially a larger percentage of either crude 
 protein or crude fat than is actually present 
 therein, shall be fined fifty dollars ($50.00) for 
 the first offense and one hundred dollars 
 ($100.00) for each subsequent offense. 
 
 § 5. The State Pood Commissioner is hereby 
 authorized, in person or by deputy, to enter 
 any premises where feed stuffs are stored and 
 to take a sample not exceeding two pounds in 
 weight, from any lot or package of any com- 
 mercial feed stuff used for feeding any kind of 
 farm live stock or poultry, as defined in section 
 2 or of excepted materials named in section 3 
 of this Act, which may be in possession of any 
 manufacturer, importer, agent or dealer. Any 
 sample so taken shall be put in a suitable vessel 
 and a label signed by the State* Food Commis- 
 sioner or his deputy, placed on or within the 
 vessel, stating the name or brand of the feed 
 stuff or material sampled, the guaranty, the 
 name of the manufacturer, importer or dealer, 
 the name of the person, firm or corporation 
 from whose stock the sample was taken, and 
 the date and place of taking: Provided, how- 
 ever, that whenever a request to that effect 
 is made the sample shall be taken in duplicate 
 and carefully sealed in the presence of the per- 
 son or persons of interest, or their representa- 
 tive, in which case one of the said duplicate 
 
51 
 
 samples shall be signed and retained by the 
 person or persons whose stock was sampled. 
 Any person who shall obstruct the State Food 
 Commissioner or his deputy while in the dis- 
 charge of his duty under this Act shall be 
 deemed guilty of a misdemeanor, and upon con- 
 viction thereof shall be fined not less than 
 twenty-five dollars ($25.00) nor more than one 
 hundred dollars ($100.00) for each offense. 
 The aforesaid State Food Commissioner shall 
 cause at least one analysis of each feed stuff 
 collected as herein provided to be made an- 
 nually. Said analysis shall include the deter- 
 minations of crude protein, of crude fat, and 
 crude fiber, and of such other ingredients as it 
 is deemed advisable at any time to determine. 
 Said State Food Commissioner shall cause the 
 results of the analysis of the sample to be fur- 
 nished the Agricultural Experiment Station 
 from time to time to be published in annual 
 bulletins or special circulars, together with 
 such additional information concerning the 
 character, composition and use thereof as cir- 
 cumstances may require. 
 
 § 6. Any person who shall adulterate any 
 whole or ground grain with milling or manu- 
 facturing offals, or with any foreign substance 
 whatever, or adulterate any bran or middlings 
 or mixtures of wheat bran or wheat middlings 
 known in the trade as “mixed feed,” or any 
 other standard by-product made from the sev- 
 eral grains or seeds with any foreign substance 
 whatever, for the purpose of sale, unless the 
 true composition, mixture or adulteration there- 
 of is plainly marked or indicated upon the 
 package containing the same or in which it is 
 offered for sale and any person who knowingly 
 sells or offers for sale any whole or ground 
 grain, bran or middlings, or mixture of wheat 
 
52 
 
 bran and wheat middlings known in the trade 
 as “mixed feed,” or other standard by-prodnct, 
 which has been so adulterated, unless the true 
 composition, mixture or adulteration is plainly 
 marked or indicated upon the package [con- 
 taining] the same or in which it is offered for 
 sale, shall on conviction, be fined not less than 
 twenty-five dollars ($25.00) nor more than one 
 hundred dollars ($100.00) for each offense and 
 such, fines shall be paid into the treasury of 
 the State. 
 
 § 7. It shall be the duty of the State Food 
 Commissioner to prosecute the person or per- 
 sons violating any provisions of this Act, and 
 for this purpose the State Food Commissioner 
 may, if necessary, employ experts, and may 
 further designate some person connected with 
 his office, or some other suitable person, to 
 make complaints in his behalf; and in making 
 complaints for violation of this Act the person 
 so designated shall not be required to enter any 
 recognizance or to give security for the pay- 
 ment of costs: Provided, however, that there 
 shall be no prosecution in relation to the qual- 
 ity of any unadulterated commercial feed stuff 
 if the same shall be found to be substantially 
 equivalent to the statement of analysis made 
 by the manufacturers or importers. 
 
 § 8. Each manufacturer, importer, agent or 
 seller of any concentrated commercial feeding 
 stuffs shall pay annually, during the month of 
 December, to the Treasurer of the State of Illi- 
 nois a license fee of twenty-five dollars ($25.00) 
 for each and every bran sold or offered for sale. 
 Whenever a manufacturer, importer, agent or 
 seller of concentrated commercial feeding stuffs 
 desires at any time to sell such material and 
 has not paid the license fee therefor in the pre-. 
 ceding month of December, as required by this 
 
53 
 
 fcection, he shall pay the license fee prescribed 
 ^herein before making- any such sale. Said 
 [Treasurer shall in each case at once certify to 
 the State Food Commissioner the payment of 
 .such license fee. Each manufacturer, importer 
 ar person who has complied with the provisions 
 r of this article shall be entitled to receive a cer- 
 tificate from the State Food Commissioner set- 
 ting forth said facts. The license fee received 
 by the State Treasurer pursuant to the pro- 
 visions of 'this section shall constitute a special 
 fund from which to defray the expenses in- 
 curred in making the inspections and the analy- 
 sis required by this Act, and enforcing the pro- 
 visions thereof, and he shall report annually 
 the amount received and the expense incurred 
 for salaries, laboratory expenses, chemical sup- 
 plies, traveling expenses, printing and other 
 necessary matters. Whenever the manufac- 
 turer, importer or shipper of concentrated com- 
 mercial feeding stuffs shall have filed the state- 
 ment required by section 1 of this Act and paid 
 the license fee as prescribed in this section, no 
 agent or seller of such manufacturer, importer 
 or shipper shall be required to file such state- 
 ment or pay such fee. 
 
 § 9. This Act shall not affect persons manu- 
 facturing, importing or purchasing feed stuffs 
 for their own use and not to sell in this State. 
 
 § 10. The term “importer,” for all the pur- 
 poses of this Act, shall be taken to include all 
 who procure or sell concentrated commercial 
 feed stuffs. 
 
 § 11. When the rendition of a judgment im- 
 poses 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 judg- 
 ment also to render a judgment for costs, and 
 such justice of the peace or other court shall 
 
54 
 
 forthwith issue a capias or warrant of commit 
 ment against the body of the defendant com 
 manding that unless the said fine and costs be 
 forthwith paid, the defendant shall be com- 
 mitted to the jail of the county, and the con- 
 stable or other officer to whose hands said 
 capias or warrant shall come, shall in defaull 
 of such payment arrest the defendant and 
 commit him to the jail of the county, there 
 to remain as provided by section 171 of “An 
 Act to revise the law in relation to criminal 
 jurisprudence/’ in force July 1, 1895, unless 
 such fine and costs shall sooner be paid. 
 
 § 12. All Acts and parts of Acts inconsistent 
 with this Act, be and they are hereby repealed. 
 
 Approved May 18, 1905, in force July 1, 1905. 
 Amendments to sections 1 and 2 approved June 
 2, 1911, in force July 1, 1911. 
 
55 
 
 RULES FOR LABELING. 
 
 Pursuant to section 38 of the Illinois Dairy 
 and Food Law, the following rules and regu- 
 lations have been made by the State Food Com- 
 missioner: 
 
 1. The principal label of any package of 
 food shall beTT^rinted plainly and legibly in 
 English, with or without the foreign label in 
 thelanguage of the country where the product 
 is produced or manufactured, and shall be 
 promin&ally placed on the package. 
 
 By the principal label is meant whatever 
 label or statement is required by law or these 
 rules and regulations. 
 
 2. THE SIZE OF XXRE UPON SUCH 
 LABEL, EXCEPT WHERE OTHERWISE 
 SPECIALLY PROVIDED, SHALL NOT BE 
 SMALLER THAN EIGHT- POINT (BREVIER) 
 CAPS, IN WHICH THIS SENTENCE IS 
 PRINTED: Provided, that in case the size of 
 the package will not permit the use of eight 
 point cap type, the size of type may be reduced 
 proportionately. 
 
 3. Cartons shall be labeled according to the 
 same principal as bottle, can, or other recept- 
 acle .contained therein. 
 
 4. If the weight or measure of the contents 
 of a package is stated, it must be done cor- 
 rectly and plainly on the putside of the pack- 
 age/ 
 
 ft*- 
 
56 
 
 5. The grade or quality of an article of food 
 shall not be. fal&el3E_j&preaf mtf>d. Such terms 
 as double, triple, etc., shall mean two or three 
 times the food value required by the standard. 
 
 6. False and misleading labels — The use of 
 any label that shall bear any statement, design 
 or device which is false or misleading is pro- 
 hibited; and the use of any shift or device to 
 evade the provisions of the law is a violation 
 thereof. 
 
 7. Deceitful and suggestive names and de- 
 signs shall not be used. No design presenting 
 a superior ingredient, its source or a process 
 of its manufacture, shall appear on the label 
 unless the in ferio r ingredients are likewise so 
 represented in an equally prominent manner. 
 ^ 8- Defacing labels— It is unlawful to deface, 
 change, erase or remove any mark, label, or 
 brand required by law with intent to mislead 
 or deceive. 
 
 9. Manufactured articles of food , and food 
 sold in package form must be di stinctly label ed, 
 marked or branded with the true name of the 
 article. “Table Sirup,” etc., are names for 
 classes of food, but are not the true name of 
 the article. 
 
 Manufactured articles of food and food sold 
 in package form must also be distinctly labeled, 
 marked or branded with the name and 
 address of the manufacturer, packer or dealer: 
 Provided, that an article of food which does 
 not contain any added poisonous or deleterious 
 ingredients shall not be deemed to be adulter- 
 ated or misbranded in the following cases: 
 
 First— In case of mixtures or compounds 
 which may be now, or from time to time, here- 
 after known as articles of food under their own 
 distinctive names, and not an imitation of or 
 offered for sale under the distinctive name of 
 
57 
 
 another article, if the name be accompanied on 
 the same label or brand with the statement of 
 tthe place where the article has been manufac- 
 tured or produced. 
 
 Second — In case of articles labeled, branded 
 ; 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 con- 
 strued 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 dis- 
 tilled from the fermented mash of grain and 
 are of the same alcoholic strength. 
 
 10. Compounds shall be labeled with the 
 true name of the ingredients, as “Maple and 
 cane sirup,” etc., and the ingredient which pre- 
 dominates shall be named first. 
 
 11. Coloring matter when added to any 
 article of food (except butter and cheese) shall 
 be clearly indicated on the front of the package, 
 by the words “Artificially Colored,” “Vegetable 
 Coloring,” etc. 
 
 12. All soaked or bleached goods , or goods 
 put up from products dried before canning, 
 shall be plainly marked, stamped or labeled as 
 such with the words “Soaked” or “Bleached 
 Goods.” The term “soaked” need not be used 
 in connection with names of food which are 
 always dried goods soaked, as “baked beans.” 
 
 13. The use of alum in pickles or any other 
 food product shall be stated on the label, using 
 the common name alum. 
 
14. Saccharine — ' The Referee Board of Sci- ~ 
 entific Experts has found that the use of sac- 
 charine in food products is unhealthful and in- J 
 jurious. Its use in food products is therefore \ 
 an adulteration, and is prohibited. 
 
 15. Jellies, jams, fruit butter, preserves, etc., 
 containing glucose and no cane sugar shall be 
 labeled “Glucose (Fruit) Jelly ” or “Corn Sirup 
 (Fruit) Jelly ,” etc. 
 
 16. Jellies , jams, fruit butter, preserves, etc., 
 containing glucose and sugar shall be labeled 
 “Glucose (or Corn Sirup) and Cane Sugar 
 (Fruit) Jelly,” etc.; or shall be labeled “Com- 
 pound (Fruit) Jelly,” and the maximum per- 
 centage of glucose present shall be stated on 
 the label immediately following, as “Compound 
 Apple Jelly containing 30 per cent Glucose.” 
 
 17. Food containing drugs — Any article of 
 food which contains morphine, opium, cocaine, 
 heroin, alpha, or beta eucaine, chloroform, can- 
 nabis, indica, chloral hydrate or acetanilid, or 
 any derivative or preparation of any such sub- 
 stances, shall bear a statement on the label of 
 the name and of the quantity or proportion of 
 such substance contained. 
 
 18. Preservatives — The use in foods, and the 
 advertisement or sale for use in foods, of for- 
 maldehyde, hydrofluric acid, boric acid, sali- 
 cylic acid and any of their compounds or deri- 
 vatives is forbidden by law. The use of not to 
 exceed 1/10 of 1 per cent of benzoate of soda 
 will be allowed if the name and amount of 
 preservative is plainly stated on the label. The 
 use of sulphur dioxid in foods if plainly stated 
 on the label will not be contested* when found 
 
 ^Pending the report of the Referee Board of 
 Scientific Experts appointed by President 
 Roosevelt. 
 
59 
 
 .in the following amounts: Not exceeding 350 
 milligrams of total (that is, both free and com- 
 -bined) sulphur dioxid per liter or kilogram, of 
 —which not exceeding 70 milligrams is in a free 
 
 0 state. 
 
 19. Bulk manufactured foods when exposed 
 fbr sale and not otherwise labeled as required 
 by law, shall bear a placard in large letters 
 and placed in a prominent position so as to be 
 easily read by the customer as 
 
 GLUCOSE APPLE BUTTER. 
 
 THESE PICKLES CONTAIN ALUM AND 
 SACCHARIN. 
 
 HAMBURGER STEAK PRESERVED WITH 
 * SODIUM SULPHITE. 
 
 FISH ARTIFICIALLY COLORED. 
 
 SUGAR, VINEGAR, ETC. 
 
 20. Standards — Variations from — Articles of 
 5 food must conform to the requirements set out 
 
 1 in section 39 of the Food Law and to the defi- 
 nition and requirements of the food standards 
 adopted and promulgated by the State Food 
 Standards Commission, unless such articles be 
 
 I plainly labeled so as to clearly indicate such 
 I variation. 
 
 Foods prominently labeled, catsups, jellies, 
 I etc., and containing added substances are not 
 E “plainly labeled so as to clearly indicate such 
 variation’’ from standard when the names of 
 these substances are printed on the label in 
 small type together with, and in the same size 
 type as, the common ingredients of catsup or 
 jelly, etc., as the case may be. The names of 
 substances added in small quantities should 
 ’ immediately follow, and should be in type at 
 least one-fourth as large as the name of the 
 product to which they are added. 
 
60 
 
 21. 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 shall bdt 
 made wholly from the fruit or grain from 
 which it purports to be represented to be 
 made, and shall contain no foreign substance. 
 
 22. Distilled vinegar — 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. 
 
 23. Extracts made from more than one prin- 
 ciple shall be labeled in a conspicuous manner 
 with the name of each principle, or else with 
 the name of the inferior or adulterant; and in 
 all cases when an extract is labeled with two 
 or more names, such names must be in a con- 
 spicuous place on said label, and in no instance 
 shall such mixture be called imitation, artifi- 
 cial, or compound, and the name of one of the 
 articles used shall not be given greater promi- 
 nence than another. 
 
 24. Imitation extracts — All extracts which 
 cannot be made from the fruit, berry, bean, or 
 other part of the plant, and must necessarily 
 be made artificially, as raspberry, strawberry, 
 etc., shall be labeled, “imitation” in letters 
 similar in size and immediately preceding the 
 name of the article. 
 
 25. Extracts below standard shall be labeled 
 “One-half Standard Strength,” “One-third 
 Standard Strength,” etc., as the case may be. 
 Only common fractions shall be used and the 
 statement of strength shall immediately pre- 
 cede the name of the extract. 
 
 26. Extracts, misleading terms — The terms 
 “double,” “triple,” etc., as applied to flavoring 
 extracts, are held to mean, respectively, two or 
 
61 
 
 i three times the minimum strength required by 
 the standard. The term “concentrated” as ap- 
 plied to flavoring extracts is false and mislead- 
 ’ ing. 
 
 P 27. Extracts , synonymous terms — The terms, 
 w extract, flavor, flavoring, spirits, essence and 
 tincture, as applied to solutions used for flavor- 
 ing food products are held to be synonymous, 
 but the use of any term in lieu of the word 
 “extract” is deprecated as applied to flavoring 
 solutions made from an aromatic plant or part 
 of the plant. 
 
 28. Baking powder shall contain not less 
 than ten per cent (10%) available carbon diox- 
 ide, and the common names of all the ingredi- 
 ents shall be printed on the label. Alum is the 
 common name for aluminum compounds. 
 
 29. Skim milk shall not be offered for sale 
 or sold without first attaching to the can, ves- 
 sel, or other package containing said milk, a 
 tag with the words “skim milk” printed on 
 both sides of said tag in large letters, each 
 letter being at least three-fourths of an inch 
 high and one-half inch wide. Such tag shall 
 be attached' to the top or side of said can, ves- 
 sel, or package where it can be easily seen. 
 
 30. Vehicles to he marked — Those who en- 
 gage in the retail milk business in- cities and 
 villages, having a population of five thousand 
 or over, shall have each and every wagon or 
 other vehicle from which milk or cream is sold, 
 conspicuously marked with the name of the 
 vendor on both sides thereof. 
 
 31. Substitutes for lard and imitation lard 
 must have the tierce, barrel, pail, tub, or pack- 
 age containing the same distinctly and legibly 
 branded or labeled with the name and location 
 of the manufacturer, and the words, “lard sub- 
 stitute,” or “adulterated lard,” or “compound,” 
 
62 
 
 “imitation,” or “blend” as the case may be; 
 except the same be sold under its own distinc- 
 tive name as provided for in Rule 9. (See sec’ 
 tions 9 and 25 of lav/. ) ^ 
 
 32. The sale of lard substitutes and imita- 
 tion lard for genuine lard is a misdemeanor. * 
 
 33. Process of renovated butter shall be 
 plainly branded with thb words “Renovated 
 Butter” in the English language in Gothic or 
 bold faced letters at least three-fourths of an 
 inch in length on the top and sides of each 
 tub, box,, pail, or other kind of can or package, 
 or on the wrapper of prints or rolls or bulk 
 packages in which it is put up. If exposed for 
 sale uncovered, or not in a case or package, a 
 placard containing the above words shall be 
 attached to such butter in a conspicuous man- 
 ner. 
 
 34. Oleomargarine — Every substitute for 
 butter shall be marked by branding, stamping 
 or stenciling upon the top or side of each box, 
 tub, or firkin, or other package in a clear and 
 durable manner “Oleomargarine,” “Butterine,” 
 “Substitute for Butter,” or “Imitation Butter,” 
 in plain Roman type, each of which shall be 
 not less than three-quarters of an inch in 
 length. 
 
 35. Salad oil — The term “salad oil” can be 
 applied only to olive oil. Other edible oils may 
 be sold as cotton-seed salad oil, peanut salad 
 oil, etc., when intended for salad purposes. 
 
 Alfred H. Jones, 
 
 State Food Commissioner, 
 
 Chicago, July 1, 1911. 
 
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