Smith-Hurd Annotated Statutes, Ch. 147-Weights and Measures-Continued. Sec. 16. Power to arrest and seize property; destruction of faulty scale or measure. The Director of Agriculture, his representatives, and the city inspectors of weights and measures are made special policemen and authorized to arrest without warrant, any violator of this Act [Secs. 1-42] and to seize and hold for use as evidence in any action brought under this Act or under any ordinances of a municipality, any short measure or faulty and incorrect weight, scale or other instrument used for weighing or measuring, or any commodity or article of merchandise sold, offered or exposed for sale which is of less weight or measure than it is represented to be by the vendor, his agent, or employee. Such short measure, faulty or incorrect weight, scale or other instrument used for weighing or measuring, or such commodity or article of merchandise (except perishable commodities or articles which shall have become of no value) shall be released and returned to the owner thereof if no suit is commenced against such owner within fifteen days of the date of such seizure. Any person herein authorized, who makes any such seizure, is not liable to the owner of the property seized for damages caused by such seizure in any case where in fact any such measure seized is short, or reasonable grounds exist for believing it so to be; or any weight, scale or other instrument used for weighing is faulty or incorrect, or reasonable grounds exist for believing it so to be; or any such scale, weight or measure, or any commodity or article of merchandise is of less weight or measure than it is represented, or reasonable grounds exist for believing it so to be. Upon conviction the court shall cause any scale, weight or measure, in respect whereof the defendant stands convicted, and which remains in the possession or under the control of the prosecutor or other person duly authorized, to be destroyed. [1921; last amended 1945.] Sec. 17. Obstructing performance of duty; non-payment of legal fee; penalty. Any person who hinders or obstructs in any way the Director of Agriculture, or any State or city inspector of weights and measures, in the performance of his official duties or refuses to pay the legal fee established for testing or sealing, weighing and measuring devices in commercial use is guilty of a misdemeanor, and shall be fined not less than $20.00 nor more than $200.00, or imprisoned in the county jail for not more than three months, or both. [1921; last amended 1945.] Sec. 18. Impersonating an official by use of seal, etc.; penalty. Any person who impersonates the Director of Agriculture, or any city inspector of weights and measures, by the use of his seal or counterfeit of his seal, or otherwise, or copies or imitates any seal, stencil or marking of the Department of Agriculture, is guilty of a misdemeanor, and shall be fined not less than $100 nor more than $500, or by imprisonment for not more than one year, or both. [1921; last amended 1945.] Sec. 19. Unlawful to sell commodities unless by weight or measure; meaning of terms. It is unlawful to sell, except for immediate consumption on the premises, liquid commodities in any other manner than by weight or liquid measure, or commodities not liquid in any other manner than by measure of length, by weight, or by numerical count, unless otherwise agreed in writing by the mutual consent of the buyer and seller: Provided, however, that nothing in this section shall be construed to prevent the sale of fruits, vegetables and other dry commodities in the standard barrel provided for in section 26; or of berries and small fruits in boxes as provided for in section 27; or of vegetables or fruits usually sold by the head or bunch in this manner; Provided, further, that nothing in this section shall be construed to apply to foodstuffs put up in original packages, nor to proprietary or package medicines which are not sold or offered for sale as of any specific quantity of the commodity. The legal bushel basket, crate or box used for the sale of apples, pears, plums, peaches and other fruit and vegetables not secondarily contained in quart or other boxes shall have an interior capacity of not less than 2150.42 cubic inches. For the purposes of this section, the term "original package" shall be construed to include a commodity in a package, carton, case, can, barrel, bottle, box, phial or other receptacle, or in coverings or wrappings of any kind, put up by the manufacturer, which may be labeled, branded, or stenciled or otherwise marked, or which may be suitable for labeling, branding, or stenciling, or marking otherwise, making one complete package of the commodity. The words "original package" shall be construed to include both the wholesale and the retail package. For the purpose of this section immediate consumption on the premises means eat, drink or devour on the premises where sold. For the purpose of this section the term, "commodities not liquid," shall be construed to include goods, wares, and merchandise, which are not in liquid form and which have heretofore been sold by measure of length, by weight, by measures of capacity, or by numerical count, or which are susceptible of sale in any of these ways. [1921; last amended 1945.] Sec. 20. Coal, etc. to be sold by weight; delivery tickets; failure of ice dealer to provide scale for each vehicle; penalty. It is unlawful to sell or offer to sell any coal, coke, or charcoal in any other manner than by weight or to deliver any coal, coke, or charcoal unless such delivery is accompanied by a delivery ticket, and a duplicate thereof, on each of which shall be, in ink or other indelible substance, distinctly expressed in pounds, the gross weight of the load, the tare of the delivery vehicle, and the quantity or quantities of coal, coke, or charcoal, contained in the vehicle used in such deliveries, with the name and address of the purchaser thereof, the name and address of the dealer from whom purchased. One of these tickets shall be surrendered to the Director of Agriculture, or any city inspector of weights and measures, upon his demand, for his inspection, and this ticket, or a weight slip issued by him when he desires to retain the original, shall be delivered to the purchaser of the coal, coke, or charcoal, or his agent or representative at the time of the delivery and the other ticket shall be retained by the seller. A dealer in ice who refuses or neglects to provide a suitable scale for each vehicle used by him for the retail delivery of ice, shall upon conviction in any court of competent jurisdiction, be punished by a fine of not less than five dollars nor more than fifty dollars. [1921; last amended 1945.] Sec. 21. Packaged commodities: Marking requirements; tolerances; definitions. It is unlawful to keep for the purposes of sale, or to offer or expose for sale, or sell, any commodity in package form unless the net quantity of the contents is plainly and conspicuously marked on the outside of the package, in terms of weight, measure, or numerical count: Provided, however, that reasonable variations or tolerances shall be permitted, and that these reasonable variations or tolerances and exemptions shall be established by rules and regulations made and promulgated by the Director of Agriculture: And, provided, further, that this section shall not be construed to apply to those commodities in package form, the manner of sale of which is specifically regulated by other sections of this Act [Secs. 1-42]. The words in "package form” as used in this section shall be construed to include a commodity in a package, carton, case, can, box, barrel, bottle, phial, or other receptacle, or in coverings or wrappings of any kind, put up by the manufacturer, or, when put up prior to the order of the commodity, by the vendor, which may be labeled, branded, or stenciled, or otherwise marked, or which may be suitable for labeling, branding, or stenciling, or marking otherwise, making one complete package of the commodity. The words "in package form" shall be construed to include both the wholesale and the retail package. "Package" as used in this section, does not include any container in which are packed or contained packages of a smaller size of a commodity, but this section applies only to the container, directly enclosing the commodity. [1921; last amended 1943.] Sec. 21a. Misleading container of wrapper. It is unlawful to keep for the purpose of sale, offer or expose for sale, or sell any commodity in package form if its container is so made, or formed, or if it is so wrapped, as to mislead the purchaser as to the quantity of the contents. [1945] Sec. 21b. Discrepancies due to unavoidable causes. There shall be no violation under this Act [Secs. 1-42], for any discrepancy between actual weight or volume at the time of sale to the consumer, and the weight marked on the container, or between the fill of container and the capacity of the container, if such discrepancy is due to unavoidable leakage, shrinkage, evaporation, waste, or to causes beyond the control of the seller acting in good faith. [1945] Sec. 22. Net amount of cotton or other textile commodities on label; definitions. of It shall be unlawful to keep for the purpose sale, offer or expose for sale, or sell, any commodity composed in whole or in part of cotton, wool, linen, or silk, or any other textile material on a spool or similar holder, or in a container or band, or in a bolt or roll, or in a ball, coil, or skein, or in any similar manner, unless the net amount of the commodity in terms of weight or measure shall be definitely, plainly and conspicuously marked on the principal label, if there be such a label; otherwise on a wrapping, band, or tag attached thereto. The words "spool or similar holder, container, or band, bolt or roll, or ball, coil or skein," shall be construed to include the spool or similar holder, container or band, bolt or roll, or ball, coil, or skein, put up by the manufacturer; or when put up prior to the order of the commodity, by the vendor. It shall be held to include both the wholesale and the retail package. [1921] Sec. 23. Butter, etc., to be sold by weight; sizes of print; statement of weight on label or wrapper. It shall be unlawful for any person to sell, or offer to sell, any butter or renovated or process butter or oleomargerine in any other manner than by weight. It shall be unlawful for any person to put up, pack, or keep for the purpose of sale, offer or expose for sale, or sell any butter or renovated or process butter, or oleomargerine, in the form of prints, bricks, or rolls in any other than the following sizes, to-wit: One-quarter pound, one-half pound, one pound, one and one-half pounds, or multiples of one pound. Each print, brick, or roll shall bear a definite, plain, and conspicuous statement of its true net weight, on the principal label, where there be such a label, otherwise on the outside wrapper thereof; such statement shall be in Gothic type not less than one-quarter inch square. The prints, bricks, or rolls referred to in this section shall be construed to include those prints, bricks, or rolls put up by the manufacturer or pro Smith-Hurd Annotated Statutes, Ch. 147-Weights and Measures-Continued. ducer; or, when put up prior to the order of the commodity, by the vendor. [1921] Sec. 24. Bread to be sold by weight. All bread kept for the purpose of sale, offered or exposed for sale, or sold, shall be sold by weight, and cities required by this Act [Secs. 1-42] to appoint inspectors of weights and measures may enact and enforce ordinances regulating the same. [1921] Sec. 25. Milk bottles: Capacity; variations permissible; designating number; bond; penalty. Bottles used for the sale of milk or cream shall be of the following capacities only; one gill, onehalf pint, one-third quart, one pint, one quart, three pints, one-half gallon, one gallon, and full multiples of a gallon when filled to the bottom of the cap, ring or stopple. The following variations on individual bottles may be allowed to wit: 1 gill, 2 drams; 2 pint, 2 drams; 13 quart, 211⁄2 drams; 1 pint, 3 drams; 1 quart, 4 drams; 3 pints, 5 drams; 1/2 gallon, 6 drams; 1 gallon, 10 drams; exact multiples of a gallon. 8 drams for each additional gallon over 1 gallon, above variation to be in excess or in deficiency. Bottles used for the sale of milk or cream shall have clearly blown or otherwise permanently marked in the side of the bottle, the capacity of the bottle and the word "sealed"; and in the side or bottom of the bottle the name, initials, or trade-mark of the manufacturer and a designating number, which designating number shall be different for each manufacturer and may be used in identifying the bottles. The designating number shall be furnished by the Director of Agriculture upon application by the manufacturer, and upon the filing by the manufacturer of a bond in the sum of $1,000, with sureties, to be approved by the Director of Agriculture, conditioned upon their conformance with the requirements of this section. A record of the bonds furnished and the designating numbers and to whom furnished shall be kept in the office of the Director of Agriculture. Any manufacturer who sells or offers to sell milk or cream bottles to be used in this State that do not comply, as to size and markings, with the provisions of this section shall suffer a penalty of $500, to be recovered by the Attorney General in an action against the offender's bondsman to be brought in the name of the People of the State. Any dealer who uses, for the purpose of selling milk or cream, jars or bottles purchased after this amendatory act takes effect that do not comply with the requirements of this section as to markings and capacity, is guilty of using a false or insufficient measure. [1921; last amended 1945.] Sec. 26. Standard barrel for fruits, vegetables and dry commodities; exceptions. The standard barrel for fruits, vegetables and dry commodities other than cranberries shall be of the following dimensions when measured without distention of its parts: Length of staves, twenty-eight and one-half inches; diameter of heads, seventeen and one-eighth inches; distance between heads, twenty-six inches; circumference of bulge, sixtyfour inches, outside measurement; and the thickness of staves not greater than four-tenths of an inch: Provided, that any barrel of a different form having a capacity of seven thousand and fifty-six cubic inches shall be a standard barrel. The standard barrel for cranberries shall be of the following dimensions when measured without distention of its parts: Length of staves, twenty-eight and onehalf inches; diameter of heads, sixteen and onefourth inches; distance between heads, twenty-five and one-fourth inches; circumference of bulge, fiftyeight and one-half inches, outside measurement; and the thickness of staves not greater than fourtenths of an inch. It shall be unlawful for any person to offer or expose for sale, sell, or ship any other barrels for fruits, vegetables, or other dry commodities, or to offer or expose for sale, sell, or ship any fruits, vegetables, or other dry commodities in other barrels than the standard barrel as defined in this section, or subdivisions thereof known as the third, half, or three-quarters barrel: Provided, however, that nothing in this section shall apply to barrels used in packing or shipping commodities sold exclusively by weight or numerical count: And, provided, further, that no barrel shall be deemed below standard within the meaning of this section when shipped to any foreign country and constructed according to the specifications or directions of the foreign country to which the same is intended to be shipped. [1921] Sec. 27. Containers holding one quart or less. It shall be unlawful to procure or keep for the purpose of sale, offer or expose for sale, sell, or give away baskets or other open containers for berries or small fruits, holding one quart or less, or to procure or keep for the purpose of sale, offer or expose for sale, or sell berries or small fruits in baskets or other open containers, holding one quart or less, of any other than the following capacities, when level full: One quart, one pint, or one-half pint, standard dry measure. [1921] Sec. 28. Net weight of commodity to be basis of sales. Whenever any commodity is sold on a basis of weight, it shall be unlawful to employ any other weight in such sale than the net weight of the commodity; and all contracts concerning goods sold on a basis of weight shall be understood and construed accordingly, Whenever the weight of a commodity is mentioned in this act [Secs. 1-42], it shall be understood and construed to mean the net weight of the commodity. [1921] Sec. 29. Standard of length and surface. The unit or standard of length and surface, from which all the other measures of extension, whether lineal, superficial or solid, shall be derived and ascertained, is the standard yard designated in this Act [Secs. 1-42], which is divided into three equal parts called feet, and each foot into twelve equal parts called inches. For measures of cloth and other commodities commonly sold by the yard, it may be divided into halves, quarters, eighths and sixteenths. The rod, pole, or perch contains five and one-half yards; the mile one thousand seven hundred and sixty yards. The chain for measuring land is twenty-two yards long and is divided into one hundred equal parts called links. The acre for land measurement shall be measured horizontally and contain ten square chains, equivalent in area to a rectangle sixteen rods in length and ten in breadth, six hundred and forty acres being contained in a square mile. [1921] Sec. 33. Contracts within state to be construed according to standard. Contracts hereafter to be executed, made within this State, for any work to be done, or for anything to be sold, delivered, done or agreed for, by weight or measure, shall be taken and construed to be made according to the standard weight and measure ascertained as hereinbefore provided unless there is an express provision to the contrary. [1921] Sec. 34. Weight per bushel or barrel. Whenever any of the following articles are contracted for, or sold, or delivered, and when no special contract or agreement is made to the contrary, the weight per bushel or barrel or divisible merchantable quantities of a bushel or barrel shall be as follows:1 Cucumbers Hair, plastering, unwashed Millet Millet, Japanese barnyard Oats Onions Onion sets, top Peaches, dried Peas, dried Popcorn, in the ear Popcorn, shelled Sweet clover seed, unhulled Tomatoes Turnips Walnuts Wheat Pounds per Bushel 48 40 56 40 8 4 44 50 50 56 80 38 50 35 32 57 30 32 14 33 50 33 22 20 58 60 32 70 56 60 50 48 50 14 45 50 50 56 55 50 20 50 40 12 33 45 56 55 50 60 Whenever apples or peaches are sold in bulk or in quantities, the legal weight per bushel is 47 pounds for apples and 48 pounds for peaches. Whenever any of the following named articles are sold by the cubic yard and the same are weighed, the following weights shall govern: Crushed stone, 2,500 pounds, 1 cubic yard Bank sand, 2,500 pounds, 1 cubic yard Torpedo sand, 3,000 pounds, 1 cubic yard [1921; last amended 1945.] 1 A slight change in arrangement has been made for convenience of reference. Sec. 35. Same: Offenses; penalties. Whoever, in buying any of the articles of property mentioned in the preceding section, shall take any greater number of pounds thereof to the bushel, barrel, or cubic yard or divisible merchantable Smith-Hurd Annotated Statutes, Ch. 147-Weights and Measures-Continued. quantity of a bushel, barrel or cubic yard, or in selling any of said articles, shall give any less number of pounds thereof to the bushel, barrel or cubic yard or divisible merchantable quantity of a bushel, barrel or cubic yard than is allowed by said section, with intent to gain an advantage thereby, except expressly authorized so to do by special contract or agreement to that effect, shall be liable to the party injured in double the amount of the property so wrongfully taken or not given and ten dollars in addition thereto, to be recovered in any form of action in any court of competent jurisdiction. [1921] Sec. 36. Firewood; cord; penalty. Whenever any firewood shall be contracted for or sold or delivered, and when no special contract or agreement shall be made to the contrary, one hundred and twenty-eight cubic feet shall constitute a cord. Whoever, in buying same, shall take any greater number of cubic feet thereof to the cord, or divisible merchantable quantity of a cord, or in selling same, shall give any less number of cubic feet to the cord or divisible merchantable quantity of a cord; with intent to gain an advantage thereby, except expressly authorized so to do by special contract or agreement to that effect, shall be liable to the party injured in the same manner as is provided in Section 35 hereof. [1921] Sec. 36a. Types of weights, measures or devices; department to pass upon. The Department of Agriculture shall pass upon each type of weight and measure and weighing and measuring device manufactured, offered or exposed for sale or sold or given away, for the use in trade or commerce, or used in trade and commerce, in the State of Illinois, and approve or disapprove of said type. The said Department shall approve each type of weight and measure and weighing and measuring device submitted to it for approval by any person if such type is so designed and constructed that it conforms to, or gives correct results in terms of standard weights and measures or in terms of values derived therefrom, and is reasonably permanent in its indication and adjustment, and does not facilitate the perpetration of fraud, otherwise the Department shall disapprove the same. [1945] Sec. 36b. Manner of submission of type. The submission of a type may be by sample or by specifications if, in the judgment of the Department, such specifications are adequate, or in such other manner as may be prescribed by the rules and regulations. [1945] Sec. 36c. Certificate of approval; notice of disapproval; review of decision. When a type of weight or measure or weighing or measuring device is approved, the said Depart ment shall issue a certificate to this effect to the person submitting such type. When a type is disapproved, the said Department shall notify the person submitting the same of its decision, setting out the reason therefor, together with such informa tion and references as may be useful in judging the propriety of the disapproval, and shall give such person an opportunity to be heard in support of his application for approval. If the person is dissatisfied with the decision of the Director of Agriculture, he may appeal to the Circuit court of the county of which he is a resident: Provided, that after December 31, 1945, no proceeding to review judicially a decision of the Director hereunder shall be instituted except only under and in accordance with the provisions of the "Adminstrative Review Act," approved May 8, 1945,1 and amendments and modifications thereof, and the rules adopted pursuant thereto. [1945] 1 Chapter 110, Secs. 264-279, Smith-Hurd Annotated Statutes. Sec. 36d. Manufacture, sale or use of unapproved type of weights, measures or devices. From and after one year after this amendatory act takes effect, it is unlawful for any person to manufacture, offer or expose for sale, or sell or give away for use in trade or commerce, or to use in trade or commerce, any weight or measure or weighing or measuring device of a type not approved in accordance with the provisions of this act; Provided, however, in case of weights and measures and weighing and measuring devices manufactured and ready for sale or in use in the State of Illinois at the time this section takes effect, no approval of type is necessary, and it is lawful for any person to offer or expose for sale or sell, for use in trade or commerce, or to use in trade or commerce, such weights and measures and weighing and measuring devices, unless they do not conform to or give correct results in terms of standard weights or measures or in terms of values derived therefrom: And provided further, if the type of a weight or measure or weighing or measuring device is intended for shipment outside the State of Illinois no approval of type is necessary, but if said weight or measure or weighing or measuring device is in fact sold or offered for sale, for use in trade or com merce, or used in trade or commerce, in the State of Illinois, then this proviso shall not exempt such weight or measure or weighing or measuring de vice from the operation of any of the provision: of this act. [1945] 1 Laws 1945, p. 1765, approved July 18, 1945; amends secs. I 3, 4, 5, 6, 7, 8, 9, 12, 13, 16, 17, 18, 19, 20, 25, 34, 37, 38, 39, 42 and adds secs. 3a-3k, 21a-21b, 36a-361, and 38a-38c to Act o 1921. Sec. 36e. Guaranty by seller or manufacturer as defense. No person shall be prosecuted under the provi sions of this act [Secs. 1-42] if he can establish |