Smith-Hurd Annotated Statutes, Ch. 127-Department of Agriculture.

Sec. 40. Powers and duties.

The Department of Agriculture shall have power:

5. To exercise the rights, powers and duties vested by law in the State food commissioner, food standard commission, and the other officers and employees of the State food department;

7. To execute and administer the Act to prevent fraud in the manufacture and sale of commercial fertilizers;

demeanor Punishment when not otherwise prescribed 300

21. To exercise the rights, powers and duties vested by law in the chief inspector of grain, deputy grain inspectors, deputy chief grain inspector, the warehouse registrar, the assistant warehouse registrars, State weighmasters, assistant State weighmasters and other officers and employees of the grain inspection service and the rights, powers and duties vested by law in the Department of Trade and Commerce as the successor of such officers and employees;

22. To execute and administer all laws and regulations, now or hereafter enacted, relating to weights and measures; [1917; last amended 1943.]

Smith-Hurd Annotated Statutes, Ch. 147-Weights and Measures.

Sec. 1. State standard of weights and measures.

The weights and measures received from the United States under joint resolutions of Congress approved June 14, 1836, and July 27, 1866, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such as shall be supplied by the State in conformity therewith and certified by the National Bureau of Standards, shall be the State standards of weights and measures. [1921; last amended 1945.]

Sec. 2. Office standards: Use; verification.

In addition to the State standards of weights and measures, provided for above, there shall be supplied by the State at least one complete set of copies of these, to be kept at all times in the office of the Director of Agriculture, and to be known as office standards and such other weights, measures and apparatus as may be found necessary to carry out the provisions of this Act [Secs. 1-42], to be known as working standards. Such weights, measures and apparatus shall be verified by the Director of Agriculture upon their initial receipt, and at least once in each year thereafter the office standards shall be verified by direct comparison with the State standards, and the working standards by comparison with the office standards. When found accurate upon these tests the office and working standards shall be sealed by stamping on them the letters "ILL" and the last two figures of the year with seals which the Director of Agriculture shall keep for that purpose. The office standards shall be used in making all comparisons of weights, measures, and weighing or measuring devices submitted for test in the office of the Director of Agriculture, and the State standards shall be used only in verifying the office standards and for scientific purposes. [1921; last amended 1943.]

Sec. 3. Safekeeping of standards.

The Director of Agriculture shall take charge of the standards adopted by this Act [Secs. 1-42] as the standards of the State, and cause them to be kept in a fireproof building belonging to the State, from which they shall not be removed except for repairs or for certification, and he shall take all other necessary precautions for their safekeeping. He shall maintain the State standards in good order and shall submit them at least once in ten years to the National Bureau of Standards for certification. He shall keep a complete record of the standards, balances and other apparatus belonging to the State and shall take a receipt for the same from his successor in office. [1921; last amended 1945.]

Sec. 3a. Person defined.

The word "person" as used in this Act [Secs. 1-42] shall be construed to import both the plural and singular, as the case demands, and shall include corporations, companies, societies and associations. [1945]

Sec. 3b. Weights and measures defined.

The words "weights, measures, or weighing or measuring devices", as used in this Act [Secs. 1-42], shall be construed to include all weights, scales, beams, measures of every kind, liquid meters, instruments and mechanical devices for weighing or measuring, and any appliances and accessories, connected with any or all such instruments. [1945] Sec. 3c. Sell or sale defined.

The words "sell" or "sale" as used in this Act [Secs. 1-42], shall be construed to include barter and exchange. [1945]

Sec. 3d. Liquid measuring device defined.

For the purposes of this Act [Secs. 1-42] a mechanically operated liquid measuring device, hereinafter referred to as a "liquid measuring device," is a mechanism or machine adapted to measure and deliver by volume. [1945]

Sec. 3g. Vehicle tank and compartment defined.

For the purpose of this Act [Secs. 1-42] a vehicle tank is an assembly used for the delivery of liquids, comprising a tank, which may or may not be subdivided into two or more compartments, mounted on a wagon, automobile truck, or trailer, together with its accessory piping, valves, etc. The term "compartment" means the entire tank when it is not subdivided; otherwise it means one of those subdivided portions of the tank which is designed to hold liquid. [1945]

Sec. 3h. Type defined.

The word "Type," as used in this act [Secs. 1-42], is defined as a class the individual objects of which are similar one to another in design, construction, size, and material. [1945]

Smith-Hurd Annotated Statutes, Ch. 147-Weights and Measures-Continued.

Sec. 31. Standard weights and measures defined.

The term "standard weights and measures," as used in this act [Secs. 1-42], is to be construed to include the standards of weights and measures adopted by the United States and the State of Illinois, in accordance with those furnished by the Federal Government under joint resolutions of Congress, approved June fourteenth, eighteen hundred and thirty-six and July twenty-seventh, eighteen hundred and sixty-six, and now recognized and in use throughout the United States, and the units and standards prescribed by the National Bureau of Standards. [1945]

Sec. 3j. Use in trade or commerce defined.

The term "use in trade or commerce," as used in this act [Secs. 1-42], shall be construed to include use in buying or selling goods, wares, commodities, or merchandise. [1945]

Sec. 3k. Acts or omissions within scope of employment or office. When construing or enforcing the provisions of this act [Secs. 1-42], the act, omission, or failure of any officer, agent, or other person, or association, within the scope of his employment or office, shall in every case be deemed to be the act, omission, or failure of such corporation, partnership, company, society, or association, as well as that of the person. [1945]

Sec. 4. Weights and measures of cities to be inspected.

All cities which shall appoint inspectors as provided for herein, at least once in five years, shall forward to the office of Standards at Springfield, Illinois, all standard weights, measures, and apparatus which belong to the cities, for the purpose of having the same tried and proved by the office standards of this State, and upon receipt of same, the Director of Agriculture shall try and prove the apparatus as herein required, and seal the weights, measures and apparatus when found to be accurate by stamping on them the letters "ILL" and the last two figures of the year with seals which he shall have and keep for that purpose.

The Director of Agriculture shall inspect all standard weights, measures, and other apparatus used by such cities, at least once in two years, and shall keep a record of the same. He shall, at least once in two years, visit the cities to inspect the work of the city inspectors, and in the performance of such duties he may inspect the weights, measures, balances, or any other weighing or measuring devices of any person, firm or corporation and shall have the same power as the city inspectors of weights and measures. [1921; last amended 1945.]

Sec. 5. Supervision over weights, etc., sold; state institution

tests.

The Director of Agriculture shall have and keep a general supervision of the weights and measures.

and weighing or measuring devices offered for sale, sold, or in use in the State. He shall at least once annually test all scales, weights, and measures used in checking the receipts or disbursements of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, and he shall report in writing his findings to the Director having jurisdiction over the institution whose measuring devices are tested, and at the request of such director, the Director of Agriculture shall appoint in writing one or more employees then in the actual service of the institution who shall act as special deputies for the purpose of checking the receipts or disbursements of supplies. [1921; last amended 1945.]

Sec. 6. Who to pay inspection fees.

rate.

No person shall be required to pay more than two inspection fees for any one measuring or weighing device in any one year when found to be accuWhenever such inspection shall be made upon the complaint of any person, other than the owner of the scale, and upon examination the weighing or measuring device is found by the inspector to be accurate for weighing, the inspection fee for such inspection shall be paid by the person making complaint. Whenever a special request is made for an inspection of a weighing or measuring device, the actual expenses of the same shall be paid by the owner of said weighing or measuring device, or by the person making the complaint as herein provided. [1921; last amended 1945.]

Sec. 7. Duties of director of agriculture to inspect.

When not otherwise provided by law, the Director of Agriculture shall in those parts of the State in which a city sealer is not permitted to be appointed by this Act [Secs. 1-42], inspect, test, try, and ascertain if they are correct, all weights, measures, and weighing or measuring devices, and scales used for determining services charged, kept, offered, or exposed for sale, sold, or used or employed by any proprietor, agent, lessee, or employee in proving the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption purchased or offered or submitted by such person or persons for sale, hire, or award; and he shall from time to time weigh or measure and inspect packages or amounts of commodities of whatsoever kind for the purpose of sale, offered or exposed for sale, or sold or in the process of delivery, in order to determine whether the same contain the amounts represented and whether they are offered for sale or sold in a manner in accordance with law. He shall, at least once each year and as much oftener as he may deem necessary, see that all weights, measures, and weighing or measuring devices used are correct. He may, for the purpose above mentioned, and in the general performance of his official duties, enter and go into or upon, and without formal warrant, any stand, place,

building or premises, or stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any person whatsoever, and require him, if necessary, to proceed to some place which the Director of Agriculture may specify, for the purpose of making the proper tests. Whenever the Director of Agriculture finds a violation of the statutes relating to weights and measures, he shall cause the violator to be prosecuted. [1921; last amended 1945.]

Sec. 8. Sealing and marking measures.

Whenever the Director of Agriculture compares weights, measures, or weighing or measuring devices and finds that they correspond, or causes them to correspond, with the standards in his possession, he shall seal or mark such weights, measures or weighing or measuring devices with an appropriate seal. [1921; last amended 1945.]

Sec. 9. Inspection upon complaint.

Whenever complaint is made to the Director of Agriculture that any false or incorrect scales, weights or measures are being made use of by any person, firm, corporation or society in the purchase or sale of merchandise or other commodities or in weighing any article or commodity, the piece price paid for producing which is determined by weight or measure, he shall cause the same to be inspected as soon as the duties of his office will permit, and make such other inspection of weights and measures as in his judgment is necessary or proper to be made. [1921; last amended 1945.]

Sec. 10. Seizure and destruction of incorrect weights.

The Director of Agriculture shall condemn and seize, and may destroy, incorrect weights, measures, or weighing or measuring devices which, in his best. judgment, are not susceptible of satisfactory repair; but such as are incorrect and yet, in his judgment, may be repaired, he shall mark or tag as "Condemned for repairs." The owners or users of any weights, measures, or weighing or measuring devices of which such disposition is made shall have the same repaired and corrected within ten days; and they may neither use nor dispose of the same in any way, but shall hold the same at the disposal of the Director of Agriculture. Any weights, measures, or weighing or measuring devices which have been "condemned for repairs" and have not been repaired as required above, shall be confiscated by the Director of Agriculture. [1921; last amended 1943.]

Sec. 11. Superintendent of standards; powers and duties.

The powers and duties given to and imposed upon the Director of Agriculture herein are hereby also given to and imposed upon the superintendent of standards and assistants, when acting under his instructions and at his direction. [1921; last amended 1943.]

Sec. 12. City inspectors of weights and measures.

There may be an inspector of weights and measures in each city of this State having a population of 25,000 or more inhabitants, according to the last official Federal census, who shall be appointed by the council of said city in the manner in which other city officers or employees are appointed; and power is hereby conferred upon such council to pass such ordinance relative thereto and the duties to be performed by such inspector as it may deem proper, the provisions of which ordinance shall not be in conflict with the provisions in this Act [Secs. 1-42]: Provided that no such city inspector of weights and measures shall enforce the provisions of Sections 38b of this Act, the enforcement of which are specifically reserved to the Department of Agriculture. Such inspector of Weights and Measures so appointed by said council shall present himself at the office of the Superintendent of Standards for instruction in standard practice in testing and sealing. [1921; last amended 1945.]

Sec. 13. City councils to procure set of weights and measures.

The council of each city permitted hereunder to appoint an inspector of weights and measures shall procure, at the expense of the city, and shall keep at all times, a set of weights and measures, and other apparatus, as complete and of such materials and construction as the Director of Agriculture may from time to time direct. All such weights, measures, and other apparatus, having been tried and accurately proved by the Director of Agriculture, shall be sealed and certified to by him as hereinbefore provided, and shall then be deposited with and preserved by the city inspector of weights and measures as public standards for such city. Whenever the council of such city shall neglect to procure such standards for six months, the city clerk of said city, on notification and request by the Director of Agriculture, shall provide such standards and cause the same to be tried, sealed and deposited at the expense of the city. [1921; last amended 1945.] Sec. 14. Powers and duties of city inspector.

Where not otherwise provided by law, the city inspector of weights and measures shall have the powers and perform the duties within his city as are granted to and imposed upon the Director of Agriculture by Sections 7, 8, 9 and 10 of this Act [Secs. 1-42]. [1921; last amended 1943.]

Sec. 15. Record and annual report of city inspector.

The city inspector of weights and measures shall keep a complete record of all of his official acts and shall make an annual report to the council of the city, and an annual report, duly sworn to, on the first day of July, to the Director of Agriculture, on blanks furnished by him, and also any special reports that the Director of Agriculture may request. [1921; last amended 1943.]