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licensee for sale and to secure consignor against all fraudulent acts of said licensee in the sale or the handling of the goods of consignor. And the Director may bring an action in any court of competent jurisdiction in the county in which is situated the place of business of the licensee to recover payment for goods sold on commission and not paid to consignor, or not honestly accounted for, and for damages sustained by consignors by reason of such fraudulent acts and wrongful handling and if such licensee has become liable to more than one consignor and the amount of the bond is insufficient to pay the entire liability the consignors shall be compensated in proportion to their several claims, the said sums when collected to be promptly paid over to the parties entitled thereto.
4. The Director of Agriculture or his assistants shall have power to investigate, upon the verified complaint of an interested person, also to make an investigation irrespective of whether or not a complaint is filed, the record of any person, firm, exchange, corporation or association applying for a license, or any transaction involving the solicitation, receipt, sale or attempted sale of farm produce on a commission basis, the failure to make proper and true accounts and settlements at prompt and regular intervals, the making of false statements as to condition, quality or quantity of goods received or while in storage, the making of false statements as to market conditions, with intent to deceive, or the failure to make payment for goods received or other alleged injurious transactions; and for such purpose may examine at the place of business of the licensee, that portion of the ledgers, books of account, memoranda or other documents, relating to the transactions involved, of any commission merchant, and may take testimony therein under oath.
When a consignor of farm produce fails to obtain honest accounting in any transaction after having notified the consignee, a verified complaint may be filed at the expiration of ten (10) days after such notification with the Director. The Director shall attempt to secure an explanation or adjustment; failing this, within seven days he shall cause a copy thereof, together with a notice of a time and place for a hearing on such complaint, to be served personally or by mail upon such commission merchant. Such service shall be made at least seven days before the hearing, which shall be held in the city, village or township in which is situated the place of business of the licensee. At the time and place appointed for such hearing, the Director or his assistants shall hear the parties to such complaint, shall have power to administer an oath, and shall enter in the office of the Director at Springfield a decision either dismissing such complaint or specifying the facts which he deems established on such hearing, and in case such facts are established as cause him to revoke such license, he shall bring an action on the bond within sixty days of the filing of such decision.
§ 5. The Director may decline to grant a license or may revoke a license already granted where he is satisfied of the existence of the following cases or any of them.
(a) Where false charges have been imposed for handling or services rendered.
(b) Where there has been a failure to account promptly and properly or to make settlements, with intent to defraud.
(c) Where there have been false statements as to condition, quality or quantity of goods received or held for sale on commission when the same might be known on reasonable inspection.
(d) Where there has been false or misleading statement or statements as to market conditions with intent to deceive.
(e) Where there has been a combination or combinations to fix prices.
(f) Where the commission merchant directly or indirectly purchases the goods for his own account without prior authority therefor or without notifying the consignor thereof.
(g) Where the commission merchant is in bankruptcy or in insolvency, or where the Director has reason to believe that bankruptcy or insolvency may shortly occur.
(h) Where there has been a continued course of dealing of such a nature as to satisfy the Director of the inability to properly conduct the business of commission merchant, or of the intent to deceive or defraud shippers.
(i) Where a licensee has been guilty of fraud or deception in obtaining his license.
(j) Where the licensee neglects to file a new bond when notified ly the Director that the bond already filed is unsatisfactory.
6. The action of the Director in refusing to grant a license, or in revoking a license granted under this Act, shall be subject to review by a writ of certiorari, and if such proceedings are begun, until the final determination of the proceedings and all appeals therefrom, the license of such commission merchant shall be deemed to be in full force and effect, provided the fees for such license shall have been paid and a bond given as herein required.
$7. Every commission merchant shall, upon the receipt of farm produce, and as he handles and disposes of the same, make a record · thereof, specifying the name and address of the consignor, the date of receipt, the kind and the quantity of such produce, the condition of the goods upon receipt by licensee, the amount of goods sold, the date of sale, the name and address of the person to whom the goods are sold, his license number where the same can be secured with reasonable diligence, the price received and the items of expense connected therewith; and a memorandum of this record except as to the names and addresses of purchasers of such goods, together with payment in settlement for such shipment, shall be mailed to the consignor within forty-eight hours. unless otherwise agreed. The commission merchant shall retain the foregoing record for a period of six months and the same shall be open to the inspection of the Director or his agents. The burden of proof shall be upon the commission merchant to prove the correctness of his records as to any transactions which may be questioned.
§ 8. Any person, firm, exchange, association or corporation who shall receive or offer to receive, sell, or offer to sell on commission within this State any kind of farm produce without a license except as in this Act permitted and any person who being a commission merchant in farm produce shall (a) impose false charges for handling or services in connection with farm produce, or (b) fails to account for such farm produce promptly and properly and to make settlements thereof, with intent to defraud, or (c) shall make false or misleading statement or statements as to market conditions with intent to deceive, or, (d) enter into any combination or combinations to fix prices, or (e) directly or indirectly purchases for his or its own account, goods received by him or it upon consignment without prior authority therefor from the consignor, or shall fail to promptly notify the consignor of such purchase on his or its own account, or (f) any person handling, shipping or selling farm produce who shall make false statements as to grade, condition, markings, quality or quantity of goods shipped, or packed in any manner, with intent to deceive, or (g) shall fail to comply in every respect herewith, or (h) shall advertise or hold one's self out as a commission merchant in farm produce without a license, shall be guilty of a misdemeanor, and punished by a fine of not less than twenty-five ($25.00) dollars nor more than five hundred ($500.00) dollars.
§ 9. That an Act entitled, "An Act to regulate the shipping, consignment and sale of produce, fruits, vegetables, butter, eggs, poultry, or other products or property, and to license and regulate commission merchants and to create a board of inspectors and to prescribe its powers and duties," approved and in force April 24, 1899, is hereby repealed. APPROVED June 28, 1919.
AN ACT in relation to the sale of farm seeds.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That none of the following named farm seeds shall be sold or offered for sale within this State for seeding purposes, except under the conditions hereinafter provided: red clover, mammoth clover, white clover, alsike clover, sweet clover, alfalfa, timothy, Kentucky blue grass, brome grass, orchard grass, red top, meadow fescue, oat grass, rye grass, vetch, rape, corn and millets.
§ 2. The term noxious weeds as used in this Act shall mean the following weeds: buckhorn (Plantage Lanceolata); field sorrel (Rumex Acetosella); Canada thistle (Omicus arvensis); quack grass (Agropyron
repens); curled dock (Rumex Crispus); ox-eye daisy (Chrysanthemum eucanthemum); clover and alfalfa dodder (Cuscata Epithymum); field dodder (Cuscuta arvensis); corn cockle (Lychnis githago); wild carrot (Daucus carota).
§ 3. Seeds of any of the varities named in section 1 of this Act, except seed corn, sold or offered for sale in lots or packages exceeding one pound in weight for seeding purposes within the State of Illinois. shall have attached thereto a label or tag on which is plainly written or printed in the English language, the following:
(a). The commonly accepted name of the agricultural seed.
(b). The full name and address of the vendor so selling or offering same for sale.
(c). A statement plainly written or printed in English, giving the common names of the noxious weeds specified in section 2 of this Act, which are present in greater numbers than 1 to 5,000 of the farm seeds sold or offered for sale; that such seed does not contain seeds of any one or more of the following noxious weeds in greater number in the aggregate than 1 to 1,000 of the seeds so sold or offered for sale: Canada thistle, quack grass, clover dodder, alfalfa dodder, field dodder, wild mustard, or wild carrot; and that such seed does not contain seeds of one or more of the following noxious weeds in greater number in the aggregate than 1 to 500 of the seed so sold or offered for sale: bukhorn, field sorrel, curled dock, ox-eye daisy, or corn cockle.
(d). The percentage by weight of inert matter, also the percentage by weight of all weed seeds other than those mentioned in section 2.
(e). Where the seed offered for sale is a mixture of one or more varieties or kinds, that fact shall be so stated, together with the percentage by weight of each seed included in the mixture, where such seed constitutes more than five per cent by weight of the entire lot or package.
§ 4. No farm seeds shall be sold or offered for sale for seeding purposes within the State of Illinois which contain the seeds of one or more of the following noxious weeds in greater numbers in the aggregate than the proportion of 1 to 1,000; Canada thistle, quack grass, clover dodder, alfalfa dodder, field dodder, wild mustard, or wild carrot.
No farm seeds shall be sold or offered for sale for seeding purposes within the State of Illinois which contain the seeds of one or more of the following noxious weeds in greater number in the aggregate than the proportion of 1 to 500; buckhorn, field sorrel, curled dock, ox-eye daisy, or corn cockle.
§ 5. Seed corn sold or offered for sale in lots exceeding 10 pounds in weight for seeding purposes within the State of Illinois, shall have attached thereto a label or tag on which is plainly written or printed in the English language the following:
(a). The full name and address of the vendor so selling or offering. same for sale.
(b). The commonly accepted name of the variety thereof.
(c). The name of the county and the state where grown, and the year in which said seed corn was grown: Provided, however, that in case such facts are not known, the label or tag shall so state.
§ 6. The Department of Agriculture of the State of Illinois shall analyze and test samples of seed forwarded to it for testing and shall make reports to the persons requesting the same, and shall make investigations and inspections and collect such additional samples of seeds and make such tests of the same as may be necessary for the purpose of aiding in carrying out and enforcing the provisions of this Act; all in conformity with such rules and regulations as may be formulated by said Department of Agriculture.
§ 7. The Department of Agriculture shall test without charge samples of farm seeds which may be sent to it to be tested under the provisions of this Act: Provided, that when more than five samples are submitted for testing by any one individual, firm or corporation within a year, a charge of 50 cents shall be made for each sample of the clover, alfalfa, timothy, vetch, rape and millets in excess of five; in the case of Kentucky blue grass, brome grass, orchard grass, meadow fescue, oat grass, and rye grass, a charge of $1.00 shall be made for testing each sample in excess of five. Samples of seed submitted to the Department of Agriculture for analysis or test shall be accompanied by tags identiyfing the
§ 8. Agricultural seeds or mixtures of same shall be exempt from the provisions of this Act:
(a) When sold to merchants or dealers to be recleaned before being sold or offered for sale for seeding purposes.
(b) When in store for the purpose of recleaning or not possessed, sold or offered for sale for seeding purposes within the State.
§ 8a. It shall be unlawful for any person, firm, corporation or association to sell, or to dispose of, for money, merchandise or other property or thing of value, or to have in his or its possession with intent so to sell or dispose of for money, or other property or thing of value, any farm seed. whether named in this Act or not, artificially loaded or weighted with sand, dirt or other similar substance or substances, which will add to the weight or quantity of any such farm seed.
§ 9. Any person, firm, association or corporation who shall, by himself, itself, agent or representative, violate any of provisions of this Act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five dollars ($5.00) nor more than one hundred ($100.00) dollars.
APPROVED June 28, 1919.