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guaranty, signed by the person from whom the weight or measure or weighing or measuring device was purchased, or otherwise obtained, or from the manufacturers thereof, to the effect that the type of the same has been approved, if such approval is required by the provisions of this act, and, if such approval is not required, setting out this fact, or if he can establish, that the weight or measure or weighing or measuring device has been sealed by the local sealer of weights and measures. The said guaranty, to afford protection, shall contain the name and address of the guarantor, and, in such case, said guarantor shall be amenable to the prosecution, fines, or other penalties which would attach to such person under the provisions of this Act. But in any case where any such person has actual notice that the type of such weight or measure or weighing or measuring device has not in fact been approved, when such approval is required by the provisions of this act, it is unlawful for such person thereafter to offer or expose such weight or measure or weighing or measuring device for sale, or to sell it, for use in trade or commerce, or to use it in trade or commerce. [1945] Sec. 36f. Registration of approved types; issuance of descriptions.

The Department of Agriculture shall register and give a serial number to each type of weight or measure or weighing or measuring device submitted and approved as provided in this act, and shall issue, from time to time, descriptions of such approved types, giving serial number of each type, copies of which shall be furnished to all weights and measures officials. [1945] Sec. 36g. Marking devices with manufacturer's name and serial number.

From and after one year after this amendatory act (Secs. 1-42] takes effect, it is unlawful 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 which does not have cast, stamped, etched, or otherwise marked thereon, the name of the manufacturer and the serial number of the approved type to which it belongs: Provided, however, whenever it appears to the satisfaction of the Department of Agriculture that any type of weight or measure or weighing or measuring device is such as to render it impracticable to mark it as required by this section, the said Department shall furnish a certificate to that effect to any manufacturer applying for the same, and such weights and measures and weighing and measuring devices need not be marked as required by the provisions of this section. [1945] Sec. 36h. Simulation of serial number; penalty.

It is unlawful to cast, stamp, etch, or otherwise mark, upon any weight or measure or weighing or measuring device, the type of which has not been

approved as required by the provisions of this act [Secs. 1–42], any design or device simulating a serial number required by the provisions of section seven [Sec. 36g) of this act.

Any person who violates any of the provisions of this section is guilty of a misdemeanor, and, shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than one year, or by both. [1945] Sec. 36i. Separate approval and serialization of part of device.

In case any person desires to have the type of a part of a weight or measure or weighing or measuring device separately approved and serialized, and applies therefor, and the Department of Agriculture decides that the part is such that this may properly be done, then such part may be approved and serialized or disapproved as to type, under the same provisions and restrictions as are applied to the approval and serialization or the disapproval of a type of weight or measure or measuring device by the provision of this act (Secs. 1-42]. [1945] Sec. 36j. Presumption that device intended for use in trade; marking devices not so intended.

It is presumed that a weight or measure or weighing or measuring device is intended for use in trade or commerce if it is manufactured, offered or exposed for sale, or sold, for use in the State of Illinois, or is used therein, unless it bears a plain, legible, conspicuous, and permanent statement to this effect "Not legal for trade." It is unlawful to use in trade or commerce any weights or measure or weighing or measuring device which is marked as described above: Provided, however, that whenever it appears to the satisfaction of the Department of Agriculture that any type of weight or measure or weighing or measuring device is such as to render it impracticable to mark it as required by this section, or is of such design and construction that it is obviously not intended for use in trade or commerce, the said Department shall furnish the same, and such types of weights and measures and weighing and measuring devices need not be marked as required by the provisions of this section. [1945] Sec. 36k. Sealing of weights, measures and devices; approval

of type not evidence of correctness of individual device.

Inspectors of weights and measures of the State of Illinois may seal, for use in trade or commerce, all weights and measures and weighing and measuring devices, the type of which has been approved as required by the provisions of this act (Secs. 1-42], or specifically exempted from the necessity of approvali by the provisions of this act, when they find that the same are within the tolerance prescribed under the rules and regulations: Provided, however, that this shall not be construed as meaning that the approval of a type shall be taken as evidence of the correctness of any individual weight or measure or weighing or measuring device of that type, or pre

Smith-Hurd Annotated Statutes, Ch. 147–Weights They shall also receive, for the use of the State or and Measures-Continued.

city, as the case may be, a reasonable compensation vent any such inspector of weights and measures

for making such weights and measures conform to from prohibiting the use of any individual weight

the standards established by this Act (Secs. 1–42]; or measure or weighing or measuring device which

Provided, however, that no charge shall be made by is found to be inaccurate or otherwise defective or

the Department of Agriculture for inspecting and unlawfully used and enforcing any penalty provided

sealing of weights, measures, scales or beams which by this act. (1945)

belong to any city and which are sent or brought to

the Department of Agriculture for that purpose by Sec. 361. Proceedings for enforcement of penalties.

the inspector of weights and measures of such city. The Director of Agriculture and his deputies and [1921; last amended 1945. the inspectors of weights and measures of the cities who find satisfactory evidence of any violation of the Sec. 38. Measure used in sale of gasoline, etc. provisions of this act (Secs. 1-42] shall cause appro- It is unlawful to sell or offer for sale any gasoline, priate proceedings to be commenced and prosecuted, without delay, for the enforcement of the penalties

naphtha, kerosene, wood alcohol or other oils or as in such case herein provided: Provided, however,

liquids used in producing light or heat, or generatthat no action or prosecution shall be brought

ing gas or power by any measure other than that

provided in Section 1 of this Act (Secs. 1-42]. against any person for any violation of this act un

(1921; last amended 1945. less the same is commenced within one year after the offense is committed. [1945]

Sec. 38a. Calibration and sealing of devices for sale of petroSec. 37. Fees.

leum and products; rate of Aow. The Director of Agriculture and each city in- No liquid measuring device shall be used for the spector of weights and measures shall receive and delivery or sale, either retail or wholesale, of petrocollect fees for the use of the State or city as the leum or any liquid petroleum products thereof, case may be for service at the following rates, which unless the same has been calibrated for accuracy of shall be due and payable at the time of such inspec- delivery and sealed by the Department of Agricultion:

ture. For testing scales of the capacity of 23,500 pounds and

The installation of a wholesale device shall be upwards, except hopper scales

$5.00 such that the rate of flow through the device will For testing scales of the capacity of 5,000 to 23,500

not exceed the rated capacity of the device. If necespounds, except hopper scales

2.50 For testing scales of the capacity of 2,000 to 5,000 pounds,

sary to accomplish this result, effective automatic except hopper scales

1.00

means for flow regulation shall be installed. (1945) For testing scales of the capacity of 240 to 2,000 pounds, except hopper scales

.50 Sec. 38b. Vehicle tanks; measuring devices; calibration; markFor testing scales of less capacity than 240 pounds

.30 ing. For testing every automatic weighing machine, on every instrument or device of a capacity or less than three

It is unlawful for any person, firm, partnership tons used for weighing or measuring any person or

or corporation to operate upon the public highanimal, for hire or reward, each

.75

ways of Illinois any vehicle tank not equipped or For testing liquid measures of the capacity of one gallon

furnished with a meter or other device for measurand upwards, each

.15 For testing any other liquid measure not used for com

ing deliveries therefrom unless said vehicle tank pounding and manufacturing purposes, each

.10 shall have been calibrated for capacity and sealed For testing yard measures, each

.10

by the Department of Agriculture and the said DeFor testing any linear measure, for each three feet For testing any tape line exceeding 50 feet in length, each .75

partment shall reserve to itself enforcement of the For testing any automatic machine used for lineal meas

provisions of this Act (Secs. 1-42] which apply to uring, each

.75 the delivery or sale of petroleum or any liquid For testing any automatic device used for measuring or

products thereof in all cities, towns or villages in dispensing liquids at retail, except vehicle tanks

1.00

Illinois having a population of less than 200,000. For testing any automatic device used for measuring or dispensing liquids on vehicle tanks or at bulk stations,

All vehicle tanks and all devices designed to be size 114 inch

2.50 attached thereto and used in connection therewith For testing any automatic device used for measuring or shall be of such design and construction that they dispensing liquids on vehicle tanks or at bulk stations,

do not facilitate the perpetration of fraud. size 11/2 and 2 inches

3.00 For testing any automatic device used for measuring or

When a vehicle tank has been calibrated for dispensing liquids on vehicle tanks or at bulk stations,

capacity and sealed by the Department of Agriculsize 21/2 and 3 inches

5.00

ture, the Director of Agriculture shall issue to the For testing any automatic device used for measuring or dispensing liquids on vehicle tanks or at bulk stations,

owner or operator, a certificate of calibration showsize 4 inches

15.00 ing the calibrated capacity of each compartment and For testing any automatic device used for measuring or a duplicate copy of such certificate shall accompany dispensing liquids on vehicle tanks or at bulk stations,

said vehicle tank at all times. size 6 inches

25.00 For calibrating for capacity any vehicle tank, each $2.50 for

Each vehicle tank operated upon the public higheach 1,000 gallons or fraction thereof.

ways shall have printed in letters and figures not

.10

less than one inch in height in a conspicuous place on each compartment of each tank the calibrated capacity of each compartment and the date on which the vehicle tank was calibrated. [1945] Sec. 38c. Exemption of vehicle tanks and devices not used in transactions with others.

Nothing in this Act (Secs. 1-42] shall apply to vehicle tanks or measuring or weighing devices used solely by the owner thereof for his own purposes and not used in determining or proving the quantity or weight of goods purchased or sold nor in weighing or measuring for others. [1945] Sec. 39. Offenses; penalties.

Any person who, by himself or by his servant or agent, or as the servant or agent of another person, offers or exposes for sale, sells, or uses in the buying or selling of any commodity or thing, or uses for hire or award, or in the computation of any charge for services rendered on the basis of weight or measure, or in the determination of weight or measure when a charge is made for such determination, or retains in his possession a false weight or measure or weighing or measuring device, or any weight or measure or weighing or measuring device which has not been sealed by the Director of Agriculture within one year, or shall dispose of any condemned weight, measure, or weighing or measuring device contrary to law, or remove any tag placed thereon by the Director of Agriculture; or who sells or offers or exposes for sale less than the quantity he represents of any commodity, thing, or service, or takes or attempts to take more than the quantity he represents of any commodity, thing, or service, when, as the buyer, he furnishes the weight, measure, or weighing or measuring device by means of which the amount of any commodity, thing, or service is determined; or who keeps for the purpose of sale, offers or exposes for sale, or sells any commodity in a manner contrary to law; or who violates any provision of this Act (Secs. 1-42] for which a specific penalty has not been provided; or who sells or offers for sale, or uses or has in his possession for the purpose of selling or using any device or instrument to be used to or calculated to falsify any weight or measure, shall be guilty of a misdemeanor, and shall be fined not less than $20 nor more than $200, or be imprisoned for not more than three months, or both upon a first conviction, and upon a second or subsequent conviction he shall be fined not less than $50"nor more than $500, or be imprisoned in the

county jail for not more than one year, or both. (1921; last amended 1945.) Sec. 41. Inspectors not to be interested in sale of weights. No

person authorized by this Act (Secs. 1-42] to inspect weights, measures, scales, beams or other measuring devices shall vend any weights, measures, scales, weighing or measuring devices of any kind

whatsoever to be used for weighing or measuring, or offer or expose the same for sale, or be interested, directly or indirectly, in the sale of same. [1921] Sec. 42. Rules and regulations.

Reasonable rules and regulations for carrying out and enforcing this act (Secs. 1-42 shall be adopted by the Department of Agriculture. They shall include reasonable variations or tolerance which may be allowed on weights and measures and weighing and measuring devices and specifications for such weights and measures and weighing and measuring devices, the manner of casting, stamping, etching, or otherwise marking the name of the manufacturer and serial number on them for the guidance of manufacturers in the design and construction of such weight and measures and weighing and measuring devices; reasonable variations or tolerances in excess only or in excess and deficiency, which may be allowed in relation to the weight of loaves of bread; reasonable variations or tolerances and exemptions in regard to the net quantity of commodities sold in package form; the procedure to be followed by the State and city inspectors and tables of specifications and tolerances for their guidance in discharge of their duties; and prescribe the manner in which a type of weight or measure or weighing or measuring device may be submitted to the Department of Agriculture for approval.

Such rules and regulations shall be in substantial conformity with those approved by the National Bureau of Standards and those promulgated under the Federal Food, Drug and Cosmetic Act 1 and shall have the force and effect of law. [1921; last amended 1945.]

121 U.S. C. A. Secs. 301 et seq.; 52 Stat. 1040, et. seq. Sec. 45. "Cotton duck": Definition.

That for the purpose of this act (Secs. 45–51] cotton duck or canvas shall be deemed to include all cotton duck or canvas, whether single filling, double filling, army, roll or wide duck. [1917] Sec. 46. Same: "Yard," "ounce," defined.

That for the purpose of this act [Secs. 45–51] the equivalent of thirty-six (36) inches in length by twenty-nine (29) inches in width, or seven and one-fourth (714) square feet of cotton duck or canvas shall constitute a yard, and an ounce shall be one-sixteenth part of a pound avoirdupois. [1917] Sec. 47. Same: Marking requirements.

Any person, firm or corporation who shall manufacture for sale or who may offer or expose for sale any cotton duck or canvas or any article other than clothing and wearing apparel composed or made in whole or in part of cotton duck or canvas, shall distinctly and durably stamp, brand or mark thereon the true and correct weight of such cotton duck or canvas, by ounces per yard, together with a descripSmith-Hurd Annotated Statutes, Ch. 147–Weights

and Measures-Continued. tion by name of any filler or other preparations placed in or on said cotton duck or canvas since its manufacture. [1917] Sec. 48. Same: Sale without brand or misrepresenting weight prohibited.

It shall be unlawful for any person, firm or corporation either individually or in any representative capacity, to carry for sale, sell or endeavor to sell any cotton duck or canvas as herein defined, or any articles other than clothing and wearing apparel composed or made in whole or in part of any cotton duck or canvas without having marked thereon the true and correct weight of said canvas, or cotton duck by ounces per yard, together with a description by name of any filler or other preparations placed in or on said cotton duck or canvas since its manufacture, or to misstate, misrepresent or conceal the true weight of said canvas or cotton duck by ounces per yard, or to misstate (,) misrepresent or conceal the existence of any filler or other preparation placed in or on said cotton duck or canvas since its manufacture. [1917] Sec. 49. Awnings, etc.: Misrepresenting dimensions prohibited.

It shall be unlawful for any person, firm or corporation either individually or in representative capacity selling, carrying for sale or endeavoring to sell any awnings, paulins, wagon covers, tent, grain and hay covers, stable or tent tops, to misstate or misrepresent or conceal the true and correct size and dimensions thereof. [1917] Sec. 50. Effacing mark prohibited.

It shall be unlawful for any person to deface, mutilate, obscure, conceal, efface, cancel or remove any mark provided for by this act (Secs. 45–51), or cause or permit the same to be done with intent to mislead, deceive or to violate any of the provisions of this act. [1917] Sec. 51. Penalty for violations.

Any person, firm or corporation violating any of the provisions of this act (Secs. 45–51] shall be deemed guilty of a misdemeanor and on conviction thereof shall for the first offense be punished by a fine of not less than twenty-five dollars ($25) nor more than fifty dollars ($50) and for each subsequent offense by a fine of not less than fifty dollars ($50) nor more than one hundred dollars ($100). (1917) Sec. 52. Standard weight containers for four, corn meal,

hominy and hominy grits; exceptions.

It shall be unlawful for any person, partnership, corporation, company, cooperative society, or organization to pack for sale, sell, offer or expose for sale in this State any of the following commodities except in containers of net avoirdupois weights of two (2), five (5), ten (10), twenty-five (25), fifty

(50), and one hundred (100) pounds, and multiples of one hundred (100) pounds: Wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meals, hominy and hominy grits; provided, however, that the provisions of this Act (Secs. 52–53] shall not apply to (a) the retailing of flours, meals, hominy and hominy grits direct to the consumer from bulk stock, or (b) the sale of flours and meals to commercial bakers or blenders in containers of more than one hundred (100) pounds, or for export, or (c) flours, meals, hominy and hominy grits packed in containers the net contents of which are less than five (5) pounds, or (d) the exchange of wheat for flour by mills grinding for toll. [1945] Sec. 53. Same: Penalty for violations.

Any violation of this Act (Secs. 52–53) shall constitute a misdemeanor and upon conviction, the offender shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. [1945] Smith-Hurd Annotated Statutes, Ch. 24, Art 23—

Municipal Corporations. Sec. 23–1. Grant of powers.

The corporate authorities of a municipality shall have the powers enumerated in sections 23–2 to 23-110, inclusive. [1941; last amended 1949.] Sec. 23–62. Same: Establish and regulate markets.

To establish and regulate markets and markethouses. (1941) Sec. 23–63. Same: Regulate sale of beverages and food; loafweight of bread.

To regulate the sale of all beverages and food for human consumption; to locate and regulate the places where and the manner in which any beverage or food for human consumption is sold; and also to prescribe the loaf-weight and quality of bread. (1941) Sec. 23–65. Same: Inspection and weighing of merchandise.

To provide for and regulate the inspection, weighing, and measuring of brick, lumber, firewood, coal, hay, and any article of merchandise of the same kind. [1941] Sec. 23–66. Same: Inspection of weights and measures.

To provide for the inspection and sealing of weights and measures. [1941] Sec. 23–67. Same: Require use of weights and measures.

To require the keeping and use of proper weights and measures by vendors. [1941] Sec. 23–68. Same: Require sales by weight.

To require all grain, flour, meal, hay, feed, seeds, fruits, nuts, vegetables and non-liquid vegetable products, meats and non-liquid animal products,

[blocks in formation]

Sec. 47. Definition.

The term “Commercial fertilizer”, as used in this Act (Secs. 47–52), shall mean any substance, includ. ing any combination or mixture, designed and offered for sale for use in inducing increased crop yield when applied to the soil; provided that the following natural products, agricultural limestone, marl and unprocessed animal manure, which have not been manipulated so as to alter or change them chemically, and burnt or hydrated lime shall not be subject to the provisions of this Act. [1927; last amended 1945. Sec. 48. Registration; marking requirements.

Before any commercial fertilizer is sold, offered for sale or exposed for sale in this State, the manufacturer, dealer, importer, agent or party who causes it to be sold or offered for sale for use or consumption in the State of Illinois shall register with the Department of Agriculture, on forms to be supplied by it, a statement giving

1. Weight of each package in pounds;

guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00): All fines imposed and collected under this Act shall be paid within thirty days after such collection to the Department of Agriculture and by it paid into the State treasury. [1927; last amended 1947.] Smith-Hurd Annotated Statutes, Ch. 5-Standard

Containers for Agricultural Products. Sec. 92. Definitions.

As used in this Act (Secs. 92–105), the word "Director" means the Director of the Department of Agriculture, and the term "agricultural prod. ucts" includes all farm, dairy, bee, viticultural and horticultural products. [1923; last amended 1929.) Sec. 93. Director may fix standards; rules and regulations;

tolerances.

In order to promote, protect, further and develop the agricultural interests of this State, the director is hereby authorized, after investigation and public hearing,

to fix and promulgate official standards for containers of farm products, and to change any of them from time to time. The director shall promulgate regulations prescribing such tolerances as may be deemed necessary permitting such variations from the standards fixed under this Act [Secs. 92–105], as are reasonably incident to the proper grading of agricultural products, or to the manufacture of containers for such products, . [1923] Sec. 94. Notice of standards.

In promulgating the standards or any alterations or modifications of such standards, the director shall specify the date or dates when the same shall become effective, and shall give public notice not less than thirty days in advance of the date when the standard for any agricultural product shall become effective and one year in advance of the date when a standard for any container shall become effective by such means as he deems proper, and he is hereby authorized to employ reasonable methods for diffusing information concerning the standard that may be fixed by him for any agricultural product or container. [1923] Sec. 95. Cooperation with U. S. Government.

The director is authorized to fix and promulgate as the official standard for this State for any agricultural product or container the standard for such product or container which may have been promulgated or announced therefor under the authority of the Congress of the United States, and in carrying out the provisions of this Act (Secs. 92–105] the director is authorized to cooperate with the United States or any department thereof in accomplishing the matters and things provided for herein. [1923]

(B) The vendor shall brand or attach to each bag, barrel or package, or in the case of bulk shipments, shall attach to the invoice, a copy of the statement set forth above,

(1927; last amended 1947.) Sec. 51. False representation as to net weight.

It shall be a violation of the provisions of this act (Secs. 47–52] if the statements required shall be false in regard to the net weight of the contents of the package sold,

[1927; last amended 1945.)

Sec. 52. Penalty for violations.

Any person selling or offering for sale any fertilizer or fertilizer material without first having complied with the provisions of this Act (Secs. 47–52), or who violates any of the provisions of this Act, or who offers for sale, exposes for sale or sells any commercial fertilizer which has not been registered or who shall fail to pay the license fee herein provided as the same becomes due, shall be deemed to be

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