Every closed package containing fresh fruits and vegetables sold, offered or exposed for sale, shall have stamped, stenciled or labeled upon the outside the minimum size or numerical count, or net weight of the contents of the package. * * The letters or figures used in marking or branding closed packages of fresh fruits and vegetables under this Act [Secs. 92-105] shall be of a size of not less than one-half inch high.

"Closed package" shall be construed to mean a barrel, box, basket, sack, carrier or crate, of which all of the contents cannot readily be seen or inspected when such package is prepared for market. Fresh fruits or vegetables in baskets or boxes, packed in closed or open crates, and packages covered with burlap, tarlatan or slat covers shall come within the meaning of the term "closed package".

No person shall pack for sale, ship for sale, offer or consign for sale, or sell, in closed packages, fresh fruits or vegetables grown in this State which are not graded, packed and marked or branded in accordance with the provisions of this Act.

No person shall falsely brand, mark, stencil or label, any package or container required by this Act to be branded, marked, stenciled or labeled, nor shall remove, alter, deface, mutilate, obliterate, imitate, or counterfeit any brand, mark, stencil or label so required under this Act.

When any closed package is used for the repacking of fresh fruits or vegetables, all names, brands or marks, relating to any former packing must be removed or obliterated.

Whenever any standard for a container for an agricultural product becomes effective under this Act, no person thereafter shall manufacture for commerce within the jurisdiction of this State, or sell, ship, or offer for sale in such commerce any container, either filled or unfilled, to which the standard is applicable, which does not comply with such standard subject to such tolerance as may be permitted under this Act.

Any person violating this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than two hundred dollars ($200.00). [1923; last amended 1935.]

Smith-Hurd Annotated Statutes, Ch. 38, Div. I-Paris Green.

Sec. 187. Marking requirements.

That every lot or parcel of Paris green sold, or offered or exposed for sale, within the state shall have affixed thereto in a conspicuous place a printed label bearing the words, "High grade, for insecticide purposes," or the words, "Not for insecticide purposes," and every package labeled as of high grade for insecticide purposes shall have affixed thereto a plainly printed statement clearly and truly certify. the net weight of the package,

ing If the Paris green is sold in bulk for insecticide purposes, or if it is put up in packages and sold at retail to the purchaser, the agent or dealer shall furnish the purchaser with the label and statement described in this section, [1907]

Sec. 188. Selling without label; penalty.

Any manufacturer, importer, agent or other person selling, offering, or exposing for sale, any Paris green without the label required by section one [Section 187] of this act [Secs. 187-189], or selling, offering, or exposing for sale as of high grade for insecticide purposes, any Paris green without the printed statement required by section one [Section 187] of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) for each offense. [1907]

**

Smith-Hurd Annotated Statutes, Ch. 38, Div. I"Uniform Narcotic Drug Act."

Sec. 192.10. Marking requirements.

(1) Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells and dispenses a narcotic drug in a package prepared by him, he shall securely affix to each package in which that drug is contained a label showing in legible English * of narthe quantity, cotic drug contained therein. [1935] Sec. 192.22. Enforcement and cooperation.

It is hereby made the duty of the Department [of Registration and Education], its officers, agents, inspectors, and representatives, and of all peace officers within the State, and of all states attorneys, to enforce all provisions of this act [Secs. 192.1-192.28], except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this State, and of all other States, relating to narcotic drugs. [1935] Sec. 192.23. Penalties for violations.

Whoever violates this Act [Secs. 192.1-192.28] shall be punished, for the first offense, by a fine not exceeding $1,000.00, or by imprisonment in the

county jail for no longer than one year, or by both such fine and imprisonment, and for any subsequent offense, by a fine not exceeding $5,000.00, or by imprisonment in the penitentiary for no longer than five years, or by both such fine and imprisonment. [1935; last amended 1949.]

Smith-Hurd Annotated Statutes, Ch. 562-Foods. Sec. 1. Enforcement of food laws.

The Department of Agriculture shall enforce 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 shall 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. [1907; last amended 1943.]

Sec. 5. Manufacturing misbranded food misdemeanor; exceptions.

It shall be unlawful for any person to manufacture for sale within the State of Illinois any article of food or drink which is adulterated and misbranded within the meaning of this act [Secs. 1-46].

Any person who shall violate any of the provisions of 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 prepared 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 operations of any of the other provisions of this act. [1907; last amended 1915.]

Sec. 6. Possession of misbranded food prohibited.

The having in possession or control of any food which violates any of the provisions of this act [Secs. 1-46] with intent to sell the same or to use the same in violation of this act is hereby prohibited; and whoever shall have in his possession or control with intent to sell or offer for sale any food which violates any of the provisions of this act or with intent to use any such food in violation of the provisions of this act shall be guilty of a misdemeanor and punished as herein provided. The possession or control of any food which violates any of the provisions of this act shall [be] held to be prima facie evidence that such possession or control is or was with intent to sell or use such food in violation of this act. [1907; last amended 1915.]

Sec. 7. Definition of food.

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. [1907]

Sec. 9. When food deemed misbranded.

The term "misbranded," as used herein, shall apply to all articles of food or drink or articles which enter into composition of food or drink, the packages or labels of which 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; That for the purpose of this act [Secs. 1-46] an article shall also be deemed to be misbrandedIn case of food:

Third-If in package form, the true quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure, or numerical count: Provided, however, that reasonable variation shall be permitted and tolerances and also exemptions as to small packages shall be established by rules and regulations made in accordance with the provisions of Section 381 of this act.

Fifth-* 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:

1st-In case of mixture or compounds which may be now or from time to time hereafter known as articles of food under their own distinctive name, and which mixture or compound is 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 the name and address of the packer or dealer, and the net measure of the contents. [1907; last amended 1927.]

1 Sec. 39, see page 294.

Sec. 15. Mutilating label prohibited.

Whoever shall deface, change, erase or remove any mark, label or brand provided for by this act [Secs. 1-46] with intent to mislead, deceive or to violate any of the provisions of this act, shall be held liable to the penalties of this act. [1907]

Sec. 20. Milk and cream: Standard glassware; offenses.

The state standard milk measure or pipettes shall have for milk a capacity of seventeen and six-tenth 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

Smith-Hurd Annotated Statutes, Ch. 561/2-FoodsContinued.

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 tube or bottle to determine the percent of butter fat where milk or cream is purchased by, or furnished to creameries or cheese factories, and where the value of said milk is determined by the per cent of butter fat contained in the same. Any manufacturer, merchant, dealer, or agent in this state who shall offer for sale or sell a cream or milk pipette or measure, test tube or bottle which is not correctly marked or graduated as herein provided, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in this act [Secs. 1-46]. [1907; last amended 1911.]

Sec. 21a. Same: Babcock test for cream.

Cream for buttermaking purposes shall be purchased only on a butterfat basis, determined by accurate weights and use of the Babcock test, and according to the following grades: [1941]

Sec. 22. Same: Standard glassware only to be used.

In milk-receiving or manufacturing plants and other places using the Babcock test or any volumetric method for determining the fat content of milk or cream, where the result of such determination is to be used wholly or in part as a basis for payment or settlement for such milk or cream, or where the proceeds of cooperative creameries or such milk-receiving or manufacturing plants are allotted on the basis of the determination of milk fat, or where the result of such test is used for the purpose of official inspection, no bottle or pipette shall be used in such determination unless such bottle or pipette conforms to Section 20 of this act [Secs. 1-46].

*

Any person or persons using other than the proper bottles or pipettes, shall be deemed to have violated the provisions of this Act. [1907; last amended 1947.]

Sec. 30. Seizure of misbranded food.

Whenever the Department of Agriculture shall have ground for suspicion that any article of food, found in possession of any person, firm or corporation, is adulterated or misbranded within the meaning of this act [Secs. 1-46], it 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 the Department shall notify in writing the person, firm or corporation in whose possession

it may be found, not to offer it for sale or sell or otherwise dispose of it until further notice in writSuch seizure ing from the Department. may be had without a warrant and the Department, and all inspectors and agents appointed by it are given full power and authority of "policemen.” [1907; last amended 1943.]

Sec. 32. Guaranty protection.

no person shall be prosecuted under this act [Secs. 1-46] for selling or offering for sale any article of food or drugs as defined herein, when it is found to be adulterated or misbranded within the meaning of this act, in the original unbroken package in which it was received by said person when he can establish a guaranty signed by the wholesaler, jobber, manufacturer or other party residing in the state, from whom he purchased such article, to the effect that it is not adulterated or misbranded in the original unbroken package in which said article was received by the dealer, within the meaning of this act, designating it. The guaranty to afford protection, shall contain the name and address of the party or parties making the sale to the dealer, and in such case the party or parties shall be subject to the penalties provided in this act: Provided, that no such guaranty shall operate as a defense to prosecutions for the violation of this act: First-If the dealer continues to sell after notice by the Department of Agriculture that such article is adulterated or misbranded. Second-If the dealer fails to preserve for the manufacturer or guarantor and deliver to him upon demand the sample left with him by the Department. [1907; last amended 1943.]

Sec. 39. Rules and regulations.

The Department of Agriculture shall make rules and regulations for carrying out this act [Secs. 1-46], [1907; last amended 1943.

Sec. 39a. Packaged cheese.

Each packaged cheese, including packages of cheese made from comminuted, blended, or cut cheeses, shall have a label which conforms with Section 9, of this Act [Secs. 1-46] *. [1925; last amended 1945.]

Sec. 41. Sale of misbranded food unlawful; penalty.

The sale of food which is adulterated or misbranded or which violates any of the provisions of this act [Secs. 1-46] is hereby prohibited; and whoever offers for sale, exposes for sale or sells any food which is adulterated or misbranded or that violates any of the provisions of this act shall be guilty of a misdemeanor and punished as herein provided. [1907; last amended 1927.]

Sec. 44. Penalty for violations.

Any person convicted of violating any of the provisions of this act [Secs. 1-46] shall, for the first

offense, be fined not less than fifteen (15) dollars, and not more than one hundred (100) dollars, or imprisonment not exceeding thirty days, or both, in the discretion of the court, and for the second and each subsequent offense, be fined not less than twenty-five (25) dollars and not more than two hundred (200) dollars, or imprisoned not exceeding one year, or both, in the discretion of the court. The fine 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 is committed, at the instance of the Department of Agriculture or any other person in the name of the People of the State of Illinois, as plaintiff, and shall be recovered in an action of debt. [1907; last amended 1943.]

Smith-Hurd Annotated Statutes, Ch. 561/2-Commercial Feeding Stuffs.

Sec. 56. Marking requirements.

Every lot or parcel of concentrated commercial feeding stuffs, as defined in section 2, [Section 57] of this Act [Secs. 56-66], sold, offered or exposed for sale within this state, shall have affixed thereto, in a conspicuous 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; [1905; last amended 1945.]

Sec. 57. Definition.

The term "concentrated commercial feeding stuffs," as used in this act [Secs. 56-66], shall be held to include all materials used for feeding animals or birds, except the following:

(a) Unmixed whole seeds or grains, as defined by United States grain standards.

(b) The unmixed meals made directly from and consisting of the entire grains of corn, wheat, rye, barley, oats, buckwheat, flaxseed, kafir, milo and other seeds or grains.

(c) Whole hays, straws, cottonseed hulls, stover and silage, when unmixed with other materials.

For the purpose of this act, concentrated commercial feeding stuffs shall be held to be different brands, if said concentrated commercial feeding stuffs shall differ one from the other in one or more ingredients, or if being of similar composition said commercial feeding stuffs are sold, offered for sale or exposed for sale under different names or brands. [1905; last amended 1945.]

Sec. 59. Selling without label; penalty.

Any manufacturer, importer, agent or other person or persons who shall offer for sale, expose for sale, or sell any concentrated commercial feeding stuffs included in Section 2 [Sec. 57] without the printed statement required by Section

This act [Secs. 56-66] shall not affect persons manufacturing, importing or purchasing feeding stuffs for their own use and not to sell in this state. Whoever offers or exposes for sale or distribution in this state commercial feeding stuffs to be used for mixing purposes only, is exempt from payment of tonnage tax if the feed is labeled or tagged with the information required in Section 1 [Sec. 56] and a declaration that such feed is to be used for mixing purposes in registered brands only. [1905; last amended 1945.]

Smith-Hurd Annotated Statutes, Ch. 93—Mine Scales. Sec. 1. Administration of act.

(a) The provisions of this Act [Secs. 1-30] shall be administered by the mining board, as provided for in the Civil Administrative Code of Illinois.1

(b) Said board shall be authorized, empowered and required to make formal inquiry into and pass upon the practical and technological qualifications and personal fitness of men seeking appointment as Said board State inspectors of mines,

shall have such other powers and duties as may be prescribed by the provisions of this Act, or any other Act relating to coal mining. Said board also shall control and direct the State mine inspectors hereinafter provided for, in the discharge of their duties, and shall have the power and shall in person and through the State mine inspectors, see that all the provisions of the State mining laws are enforced. [1911; last amended 1943.]

1 Chapter 127, Secs. 1-63, Smith-Hurd Annotated Statutes. Sec. 5. Sealer of weights; test weights.

(a) From the names appearing on the list on file in the office of the Mining Board, the Mining Board shall select and appoint one inspector for each of the inspection districts provided for in this Act [Secs. 1-30], and two additional inspectors for the state at large, all such appointees to be selected in the order of their appearance on the list.

(b) The board of supervisors in counties under township organization or commissioners in counties not under township organization, of any county in which coal is produced, upon the written request of the state inspector of mines for the district in

Smith-Hurd Annotated Statutes, Ch. 93-Mine Scales -Continued.

which said county is located, shall appoint, as assistant to such state inspector, a county inspector of mines who shall work under the direction of such state inspector;

(j) State inspectors are hereby made ex-officio sealers of weights and measures in their respective districts, and as such are empowered to test all scales used to weigh coal at coal mines. Upon the written request of any mine owner or operator, or of ten coal miners employed at any one mine, it shall be the duty of the inspector to test any scale or scales at such mine against which complaint is directed, and if he shall find that they or any of them do not weigh correctly, he shall call the attention of the mine owner or operator to the fact, and direct that said scale or scales be at once overhauled and readjusted so as to indicate only true and exact weights, and he shall forbid the further operation of such mine until such scales are adjusted. In the event that such tests shall conflict with any test made by any county sealer of weights, or under and by virtue of any municipal ordinance or regulation, then the test by such mine inspector shall prevail.

(k) For the purpose of carrying out the provisions of this Act, each state inspector shall be furnished by the state with a complete set of standard weights suitable for testing the accuracy of track scales and of all smaller scales at mines, said test weights to be paid for on itemized vouchers certified by the Secretary of State and approved by the Governor. Such test weights shall remain in the custody of the inspector for use at any point within his district, and for any amounts expended by him for the storage, transportation or handling of the same, he shall be fully reimbursed upon making entry of the proper items in his expense voucher. [1911; last amended 1947.]

Sec. 26. Scales; records; weighman; check weighman.

(a) The operator of every coal mine where miners are paid by the weight of their output, shall provide at such mine suitable and accurate scales for the weighing of such coal, and a correct record shall be kept of all coal so weighed and said record shall be open at all reasonable hours to the inspection of miners and others interested in the product of said mine. The operator shall provide at such mine not less than one thousand (1,000) pounds of United States standard weights.

(b) The person authorized to weigh the coal and keep the record as aforesaid shall be a citizen of the United States, and shall, before entering upon his duties, make and subscribe to an oath before some person duly authorized to administer oaths, that he will accurately weigh and carefully keep a true record of all coal weighed, and such affidavit

shall be kept conspicuously posted at the place of weighing.

(c) The miners at work in any coal mine may employ a check weighman at their option and at their own expense, whose duty it shall be to balance the scales and see that the coal is properly weighed, and that a correct account of the same is kept, and for this purpose he shall have access at all times to the beam box of said scales, and be afforded every facility for verifying the weights while the weighing is being done. The check weighman so employed by the miners shall be a citizen of the United States, and, before entering upon his duties, shall make and subscribe to an oath before some person duly authorized to administer oaths, that he will faithfully discharge his duties as check weighman, and such oath shall be kept conspicuously posted at the place of weighing. [1911; last amended 1943.] Sec. 28. Penalty for violations.

(a) Any wilful neglect, refusal or failure to do the things required to be done by any section, clause or provision of this act [Secs. 1-30], on the part of the person or persons herein required to do them, or any violation of any of the provisions or requirements hereof, or any attempt to obstruct or interfere with any inspector or person in the discharge of the duties herein imposed upon him, or any refusal to comply with the instructions of an inspector or person given by authority of this Act shall be deemed a misdemeanor punishable by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a period not exceeding six months, or both, at the discretion of the court: [1911; last amended 1947.]

Smith-Hurd Annotated Statutes, Ch. 1112/3, Art. 4— Public Utilities.

Sec. 52. Weighing of cars and freight; testing railroad weights and scales.

The Commission [Illinois Commerce Commission] shall have power to enforce reasonable regulations for the weighing of cars, and of freight offered for shipment over any line of railroad, and to test the weights made by any railroad and scales used in weighing freight on cars. [1921]

Sec. 54. Electricity, gas and water: Standards of service; accuracy of meters; examinations; tests.

The Commission [Illinois Commerce Commission] shall have power to ascertain, determine and fix for each kind of public utility suitable and convenient standard commercial units of service, product or commodity, and to prescribe reasonable regulations for examining, measuring and testing such service, product or commodity, and to establish reasonable rules, regulations, specifications and standards to secure the accuracy of all