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STATE BOARD OF HEALTH.

REPORTS OF BIRTHS AND DEATHS-ACT OF 1903 AMENDED.

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(HOUSE BILL No. 53. APPROVED JUNE 7, 1911.)

AN ACT to amend sections eight (8) and ten (10) of an Act entitled, "An Act requiring reports of births and deaths, and the recording of the same and prescribing a penalty for non-compliance with the provisions thereof, and repealing certain Acts therein named," approved May 6, 1903, in force July 1, 1903.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections eight (8) and ten (10) of an Act entitled, "An Act requiring reports of births and deaths, and the recording of the same and prescribing a penalty for non-compliance with the provisions thereof, and repealing certain Acts therein named," approved May 6, 1903, in force July 1, 1903, be amended so as to read as follows:

§ 8. It shall be the duty of the commissioners of health, or the city or village officials in the cities referred to in section 4 of this Act, by whom burial or removal permits are issued, and to whom certificates or reports of death are presented, to deliver to the State Board of Health at Springfield, on or before the tenth day of each month all certificates of death presented to him during the preceding month, and for each death report so made such official shall be paid the sum of ten (10)

cents.

§ 10. The fees provided in sections 2, 7 and 8 of this Act are hereby made and declared to be a charge upon the county in which said fees may accrue, and the county clerk of the respective counties shall, upon the request of any person entitled to said fees in his county, issue to such person his warrant upon the county treasurer of said county for the amount of fees due such person under this Act, and the county treasurer of said county shall pay the same upon presentation out of any money belonging to the county not otherwise appropriated: Provided, that no payment shall be made under the provisions of sections 2, 7 and 8 of this Act in the case of still birth where the period of gestation is less than seven months.

It shall be the duty of the board of supervisors in counties under township organization, and the board of county commissioners in counties not under township organization, to appropriate such sums as may be necessary for said purpose.

APPROVED June 7, 1911.

STATE FOOD COMMISSIONER.

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DAIRY AND FOOD PRODUCTS-ACT OF 1907 AMENDED.

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§ 1. Appointment of State
Food Commissioner-
Food Standard Commis-
sion-assistants-
salaries-reports.

fiscation of misbranded or adulterated foods. Vinegar to be branded.

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Instruments for measuring milk and cream standards.

Underreading Babcock test prohibited.

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Preliminary hearing by the commissioner.

§ 9.

Misbranded defined.

20b. License to operate milk or cream tester-fees.

§ 39a. Penalties.

(HOUSE BILL No. 152. APPROVED JUNE 6, 1911.)

AN ACT to amend sections 1, 3, 4, 9, 10, 11, 12, 20, 21, and 40 of an Act entitled, "An Act to prevent fraud in the sale of dairy products, their imitation or substitutes, to prohibit and prevent the manufacture and sale of unhealthful, adulterated or misbranded food, liquors or dairy products, to provide for the appointment of a State food commissioner and his assistants, to define their powers and duties and to repeal all Acts relating to the production, manufacture and sale of dairy and food products and liquors in conflict herewith," approved May 14, 1907, and in force July 1, 1907, and to add thereto two new sections to be known as sections 20a and 39a.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections 1, 3, 4, 9, 10, 11, 12, 20, 21 and 40 of an Act entitled, "An Act to prevent fraud in the sale of dairy products, their imitation or substitutes, to prohibit and prevent the manufacture and sale of unhealthful, adulterated, or misbranded food, liquors or dairy products, to provide for the appointment of a State food commissioner and his assistants, to define their powers and duties and to repeal all acts relating to the production, manufacture and sale of dairy and food products and liquors in conflict herewith," approved May 14, 1907, and in force July 1, 1907, be and the same are hereby amended, and that said Act be and is hereby further amended by adding thereto two additional sections to be known as sections 20a and 39a, which said sections as amended and said additional sections shall read as follows:

§ 1. That the Governor shall appoint a commissioner who shall be known as the State Food Commissioner, who shall be a citizen of the State of Illinois, and who shall hold his office for 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 discharge of his official duties, and who

shall be charged with the enforcement of all laws that now exist or that hereafter may be enacted in this State regarding the production, manufacture, sale, and labeling of food as herein defined, and to prosecute or cause to be prosecuted any person, firm or corporation, or agent thereof, engaged in the manufacture or sale of any article manufactured or sold in violation of the provisions of any such law or laws. The Governor shall also appoint, from time to time, as required, a Food Standard Commission, for the purpose of determining and adopting standards of quality, purity or strength, for food products, for the State of Illinois, to consist of three members, one of whom shall be the State Food Commissioner or his representative, who shall serve without extra pay; one of whom shall be a representative of the Illinois food manufacturing industries, and one of whom shall be an expert food chemist of known reputation; all to be citizens of the State of Illinois, who shall receive fifteen dollars ($15.00) per day for a period not exceeding thirty (30) days in one year, and necessary expenses incurred during the time employed in the discharge of their duties: Provided, that said Food Standard Commission, in determining and adopting a standard of quality, purity, or strength, of milk or cream, shall fix such standard as may be determined solely by the examination and test of milk or cream and the can or receptacle in which it is placed.

The said commissioner is hereby authorized to appoint, with the advice and consent of the Governor, one assistant commissioner, who shall be a practical dairyman, whose salary shall be 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 hundred dollars ($2,500.00) per annum and expenses 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 duties. One chief clerk, whose salary shall be eighteen hundred dollars ($1,800.00) per annum and expenses incurred in the discharge of official 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 hundred dollars per year each, until the maximum of eighteen hundred dollars a year each is attained, and expenses incurred in the discharge of their official duties. Said commissioner 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 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; 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 inspectors he has appointed and employed, with their expenses and disbursements and the amount of salary paid the same, and he may, from time to time, issue bulletins of information, when in his judgment the interests of the State would be promoted thereby.

The said commissioner shall maintain an office and laboratory, where the business of said department may be conducted. This section 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 Food Commissioner shall make analyses and examinations for the State charitable institutions, of foods, drugs, and such other supplies as the laboratory of the State Food Commission is equipped and prepared to examine and analyze.

§ 3. REFUSAL TO ASSIST INSPECTOR A MISDEMEANOR.] Whoever, by himself, his agent, employé, or servant, hinders, obstructs or in any way interferes with any inspector, analyst, or officer appointed hereunder, in the performance of his duty, or in the exercise of his powers as defined in this Act, or whoever being an employé of a railroad, express company, or other common carrier refuses or fails upon request to assist the State Food Commissioner, 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.

84. The person taking such sample as provided for in section 2 of this Act, shall in the case of bulk or broken package goods, divide the same into two equal parts, as nearly as may be, and in the case of sealed and unbroken packages, he shall select two of said packages, which two said packages shall constitute the sample taken, and properly to identify the same, he shall, in the presence of the person from whom the same is taken, mark or seal each half or part of such sample with a paper seal or otherwise, and shall write his name thereon and number each part of said sample with the same number, and also write thereon the name of the said dealer in whose place of business the sample is found, and the person from whom said sample is taken shall also write his 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 same to the State Analyst or other competent person appointed for the purpose of making examinations or analyses of samples so taken, and the person taking such sample shall tender to the person from whom it is taken the value of that part thereof so retained by the person taking said sample; the other part of said sample shall be delivered to the person from whom said sample is taken. If the person from whom said sample is taken has recourse upon the manufacturer or guarantor, either by operation of law or under contract for any failure on the part of said sample to comply with the provisions of this Act, then said person from whom said sample is taken shall retain for the period of 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 procure the sample and that he sealed and numbered. the same as herein provided, and that he wrote his name thereon, and that he packed and boxed said part thereof and sent the same to the State Analyst or other competent person appointed hereunder, and the testimony of the person analyzing said sample that he received the same in apparent good order, that said sample was sealed, and that 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 possession thereof, and the testimony of said two witnesses as above shall be sufficint to make such prima facie proof.

§ 9. MISBRANDED DEFINED.] The term "misbranded" as used herein, shall apply to all articles of food or drink, or articles which enter into the composition of food or drink, the packages or label[s] of which shall bear any statement, design, or device regarding such article, or the ingredients or substance contained therein which shall be false or misleading in any particular; and to any such products which are falsely branded as to manufacturer, packer, or dealer who sells the same or as to the State, territory, or country in which it is manufactured or produced. That for the purpose of this Act an article shall also be deemed to be misbranded—

In case of food:

First-If it be an imitation of or offered for sale under the distinctive name of another article.

Second-If it be 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,

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