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LAWS OF THE STATE OF ILLINOIS

AGRICULTURE AND HORTICULTURE.

APPLES-SALE OF IN CLOSED PACKAGES.

§ 1. Amends section 7, Act of 1921.

87. Exemptions.

(SENATE BILL No. 459. APPROVED JUNE 25, 1923.)

AN ACT to amend section 7 of "An Act to regulate the grading, packing, branding and sale of apples in closed packages," approved June

27, 1921.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

SECTION 1. Section 7 of "An Act to regulate the grading, packing, branding and sale of apples in closed packages," approved June 27, 1921, is amended to read as follows:

§7. The provisions of this Act shall not apply to apples packed and branded in accordance with the rules and regulations of the Department of Agriculture of the United States relating to apple grading. APPROVED June 25, 1923.

HORTICULTURAL, AGRICULTURAL, APIARIAN, DAIRY AND OTHER FARM

PRODUCTS.

1. Terms defined-Construction de- § 9. Appointment of agents-Bondfined.

§ 2. Containers-Standards.

§3. Change of standard-Notice.

§ 4. Cooperation with Federal ernment.

5. License Fee-Revocation censed inspectors.

Failure to perform duties.

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§ 6. True grade-How determined.

7. Certificate of grade.

§ 8. Regulations-Payment of fees and fines.

cation-Penalty.

Unlawful to sell unless graded-
Must use standard container-
Penalty.

Unlawful to sell as Illinois products when grown in other states-Penalty.

Appropriates $15,000.

§ 13.

§ 14. Subject to State Finance Act.

(SENATE BILL No. 460. APPROVED JUNE 28, 1923.)

AN ACT in relation to the inspection and standardization of horticultural, agricultural, apiarian, dairy and other farm products.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

SECTION 1. As used in this Act, the word "Director" means the Director of the Department of Agriculture, and the term "agricultural

products" includes all farm, dairy, bee, viticultural and horticultural products. Nothing in this Act shall be construed as repealing or in any way modifying any provision of "An Act to regulate the grading, packing, branding and sale of apples in closed packages," approved June 27, 1921: Provided, however, that apples may be inspected and certificates issued under the provisions of this Act in accordance with the standards established by said Act.

§ 2. 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 grading and classifying any or all agricultural products grown or produced in this State, and 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, as are reasonably incident to the proper grading of agricultural products, or to the manufacture of containers for such products.

§3. 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.

§ 4. 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 the director is authorized to cooperate with the United States or any department thereof in accomplishing the matters and things provided for herein.

§ 5. The director is hereby authorized to designate any competent employee or agent of the Department of Agriculture, and upon satisfactory evidence of competency may license any other person, and charge and collect a reasonable fee for such license, to inspect or classify agricultural products in accordance with such regulations as he may prescribe at such places as the volume of business may be found to warrant the furnishing of such inspection service, at the request of persons having an interest in such products, and to ascertain and certify to such persons the grade, classification, quality or condition thereof, and such other pertinent facts as the director may require. The director is authorized to fix, assess and collect or cause to be collected fees for such services when they are performed by employees or agents of the Department of Agriculture. Licensed inspectors may charge and collect as compensation for such services only such

AGRICULTURE AND HORTICULTURE

3

fees as may be approved by the director. The director may suspend or revoke any license whenever, after an opportunity for hearing has been afforded to the licensee, the director shall determine that such licensee is incompetent or has knowingly or carelessly failed to grade or classify any agricultural product in accordance with such standards, or has knowingly or carelessly failed to correctly certify the grade. classification, quality or condition of any agricultural product, or has violated any provision of this Act or of the regulations made hereunder. Pending investigations the director may suspend a license temporarily without a hearing.

§ 6. Whenever any quantity of any agricultural product shall have been inspected hereunder and a question arises as to whether the certificate issued there for shows the true grade, classifications, quality or condition of such product, any interested person, subject to such regulations as the director may prescribe, may appeal the question to him and he is authorized to cause such investigation to be made and such tests to be applied as he may deem necessary and to determine and issue a finding of the true grade or classification of the product or of the quality or condition thereof. Whenever an appeal shall be taken to the director under this Act, he shall charge and assess and collect, or cause to be collected, a reasonable fee, to be fixed by him, which shall be refunded if the appeal is sustained.

§ 7. A certificate when not superseded by a finding on appeal, or a finding on appeal of the grade, classification, quality or condition. of any agricultural product, issued under this Act and all certificates issued under authority of the Congress of the United States relating to the grade, classification, quality or condition of agricultural produucts shall be accepted in any court of this state as prima facie evidence of the true grade, classification, condition or quality of such agricultural product at the time of its inspection.

§ 8. The director is hereby authorized to promulgate regulations for carrying out the purposes and provisions of this Act. All fees and moneys collected or received by employees or agents of the Department of Agriculture under this Act and the regulations which may be promulgated hereunder and all fines collected for violations. of any provisions of this Act, shall be covered into the treasury to be there maintained in a separate fund to be known as a revolving fund, which fund shall be appropriated only for the purpose of carrying out the provisions of this Act.

9. The director may appoint employees and agents to assist in carrying out the provisions of this Act, and may fix their compensation. He may require any such employee or agent and any inspector licensed under this Act to execute and file with him a good and sufficient bond, payable to the State, in such sum, not exceeding one thousand dollars, and with such surety or sureties, as he may prescribe, conditioned upon the faithful performance by such employee, agent or licensed inspector of his duties as such employee, agent or licensed inspector. Any person injured by the failure of such emplovee, agent or licensed inspector faithfully to perform such duties shall be entitled to sue on such bond in his own name in any court of

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