2. LICENSING AUTHORITY

Manufacturers of Frozen Products

Every manufacturer for sale of ice cream, water ices, frozen puddings, or any other frozen products made in part from milk or cream must be licensed by the department of agriculture. Excluded are churches, charitable institutions, chautauquas, or other social gatherings not regularly engaged in such business. Licenses are issued if the department is satisfied, upon inspection of the premises, equipment, and utensils, that they comply with the sanitary law of the State, and the rules and regulations governing such establishments. Licenses expire on August 31 annually. Fees for wholesale manufacturers are $10; for retail manufacturers, $1.11 The director of the department of agriculture may, after 3 days written notice, revoke or suspend any license for violation of any provision of the law.12 The department of agriculture may inspect such manufacturing establishments and issue rules and regulations governing the same. Violation of any provision of the law or of rules and regulations issued thereunder is a misdemeanor, punishable by a fine of from $15 to $100 or imprisonment for not more than 30 days, or both for the first offense; or a fine of from $25 to $200 or imprisonment for not more than 1 year, or both for each subsequent offense.13

Milk and Cream Testers

12

A separate license is required in Illinois for milk and cream testers. Licenses are issued for 2 years by the department of agriculture after examination, demonstration of ability, and payment of a $1 fee Licenses may be revoked for any just cause.14

Department of Public Health

1. GENERAL AUTHORITY

Director of Public Health.-The department of public health operates under the supervision of a director 15 who is empowered to issue rules and regulations providing for the construction, equipment, maintenance, and operation of pasteurization plants, and to establish minimum standards.16

The director is appointed by the Governor with the advice and consent of the senate at an annual salary of $6,000. Id., c. 127, secs. 9, 12.

Id., c. 561⁄2, sec. 129; 150.

The department has general supervision of public health, maintains chemical laboratories for examination of milk, water, and other substances, and supervises pasteurization plants and the handling and selling of pasteurized products,18 as well as the construction of milk grading equipment and the sanitation of dairy barns, milkers, and bottling equipment.

19

The Circuit Court of Sangamon County has jurisdiction to review orders of the department. Within 30 days of issuance, the court may affirm, set aside, or restrain enforcement of the order. No order is stayed unless so directed by the court.20

2. LICENSING AUTHORITY

Pasteurization Plants

Any person operating a pasteurization plant who distributes, delivers, or sells pasteurized milk or pasteurized milk products for consumption in Illinois must be licensed by the department of public health. Licenses will be issued upon compliance with the provisions of the law and rules and regulations. If the plant is to be newly constructed or remodeled, plans therefor must be submitted to the department for review and approval. The applicant must be notified in writing whether or not the plans are approved.22 Licenses expire annually on January 1. Fees are $10.23 Licenses may be revoked or suspended on the following grounds: (a) violation of any provisions of the law; (b) insanitary condition of the plant or of the handling of milk products; (c) employment of careless personnel; (d) failure to display license; or (e) displaying any license which has been revoked, suspended, or which has expired. Before a license may be revoked, 10 days' notice must be given to the licensee in writing of the hearing and charges and he must have an opportunity to be heard in person or by counsel.24

The decision of the department of public health is subject to review by the Circuit Court of Sangamon County under the following conditions: (a) there will be no stay of the department's order unless so ordered by the court; (b) petition for review must be filed in 30 days; (c) a copy of the petition must be served on the director 5 days after

filing; (d) the director must file in 10 days, unless the time is extended by the court, a certified copy of the record of the hearing; (e) such record is prima facie correct and the burden of proof is on the petitioner; (f) appeal may be made from the decision of the court.25

Violation of any provision of the law is a misdemeanor subjecting the offender to a fine of not more than $100 for each day's violation, or imprisonment for not more than 1 year, or both.20

NOTE: Nothing in the pasteurization law impairs the authority of a city, village, or incorporated town to regulate the handling, processing, labeling, sale, or distribution of milk or milk products if not in violation of State law.27

Persons, firms, or corporations doing a butter or cheese manufacturing business on the cooperative dividend plan are required to file a bond with the county clerk in the county in which their plant is located, conditioned upon their making monthly sworn statements as to the amounts of butter or cheese manufactured and sold, the prices received therefor, the dividends earned and declared for the preceding 3 months, and that such dividends will be promptly paid.28

The Purdue University Agricultural Experiment Station1 administers and enforces the technical aspects of the dairy laws, inspects and approves all Babcock apparatus for milk testing, and performs all licensing functions in the field of milk and dairy products.2

1Stat. Ann. (Burns, 1933), sec. 28-5629 provides that the station shall be in charge of a director and an advisory committee of six, one from each of the following State organizations: (1) Federation Farmers Association; (2) Corn Growers Association; (3) State Dairy Association; (4) State Livestock Breeders Association; (5) State Horticultural Society; and (6) State Poultry Association. 'Stat. Ann. (Burns 1933), secs. 35-1302 to 35-1308, 35–1311.

2. LICENSING AUTHORITY

Every creamery, shipping station, milk and cheese factory, every person receiving, buying, and paying for milk and cream on the basis of its butterfat content, and individuals making the butterfat tests, must procure a license annually from the station. The annual fee for the station license is $6; that for the milk and cream testers' license, $2.3a

Το procure a station license, a licensed tester must be employed, and the statutory requirements concerning testing apparatus, weighing, sampling, and testing must be met. To procure a tester's license, the individual must pass an examination and demonstrate his ability.* If a licensee fails to comply with any of the rules under which the license is granted, the station shall revoke such license. A violation of any provision of the law under which the license is granted is a misdemeanor punishable by a fine of $100 for the first offense and of $100 to $1,000 for any subsequent offense. Any prosecuting attorney to whom the Station reports a violation, must prosecute the case."

State Board of Health

The board makes all necessary investigations and inquiries into the food and drug laws; adopts such measures as may be necessary to facilitate enforcement of such laws; prepares rules for proper methods of collecting and examining articles of food; enforces all pasteurization laws, from the requirements of which it may exempt certain milk if produced from herds under the supervision of licensed veterinarians; and may pass rules governing local health boards.1o

9

Stat. Ann. (Burns 1933), secs. 35-1304, 35-1306, 35-1307.

sa Ibid.

Id., sec. 10-2515. Four members of the State board of health are appointed for four years by a board of appointment consisting of the Governor, Secretary of State, and State Auditor. These four members elect an executive secretary who serves as the commissioner of health and who is ex-officio a member of the State board of health. Id. sec. 35-101.

Commissioner of Health

The commissioner of health" is the State health officer with the duty of enforcing all food and drug and pasteurization laws.12

State Veterinarian

14

The State veterinarian 13 is also secretary and executive officer of the State livestock sanitary board, and secretary of the veterinarians examining board. He is to examine livestock in relation to the milk supply and take all necessary steps to protect such supply from contamination.15 His regulations pertaining to animal diseases have the force and effect of law, and his decisions in all such instances are final.16

NOTE: The health officers of any county, city, or town may act as food and drug inspectors but are subject to rulings of the State board of health."

"Id., sec. 35-101, provides that the commissioner shall be appointed by the State board of health for a 4-year term, and that he must be a licensed physician.

13 Id., secs. 10-2515, 35-1314.

13

Id., sec. 16-502, provides that he shall be appointed by the State livestock sanitary board; that he must be a graduate of a veterinary college; and must have had 5 years of practicing experience.

14 Ibid.

15 Id., sec. 16-517.

16

'Id., secs. 16-517, 16-518.

* Id. sec. 10-2515.

IOWA

Secretary of Agriculture

1. GENERAL AUTHORITY

The secretary of agriculture, as the head of the department of agriculture, carries out the objects for which the department was created; inspects and supervises food producing and distributing establishments; enforces all laws concerning animal diseases, the eradication of bovine tuberculosis, the practice of veterinary medicine and pasteurization; and performs various licensing functions. He also may establish, publish, and enforce rules not inconsistent with

'Code (1939) sec. 512 provides that the secretary shall be elected for a term of 2 years, at the general election for State officers.

❜Id., secs. 2590–(1), 3071–3085; 3100.20–3100.46.