(505 ILCS 30/1) (from Ch. 56 1/2, par. 66.1)
Sec. 1.
Short
title.
This Act shall be known and may be cited as the Illinois Commercial Feed Act of 1961.
(Source: Laws 1961, p. 2289.)
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(505 ILCS 30/2) (from Ch. 56 1/2, par. 66.2)
Sec. 2.
Enforcing authority.
This Act shall be administered by the
Director of the Department of Agriculture or his duly authorized
representative, hereinafter referred to as the "Director".
(Source: P.A. 87-664.)
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(505 ILCS 30/3) (from Ch. 56 1/2, par. 66.3)
Sec. 3.
Definitions of words and terms.
When used in this Act unless the context otherwise requires:
(a) The term "person" means any individual, partnership, corporation
and association.
(b) The term "distribute" means to offer for sale, sell, exchange,
give away or barter commercial feed or to supply, furnish or otherwise
provide commercial feed to a contract feeder.
(c) The term "distributor" means any person who distributes.
(d) The term "commercial feed" means all materials,
including customer formula feeds, which are
distributed for use as feed, or labeled with a guaranteed analysis for
use as feed, or for mixing in feed for birds or animals
other than man except:
(1) Whole unmixed seed or grain or physically altered | ||
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(2) Unground hay, straw, stover, silage, cobs, husks | ||
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(3) Individual chemical compounds when not mixed with | ||
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(e) The term "feed ingredient" means each of the constituent
materials making up a commercial feed.
(f) The term "mineral feed" means a commercial feed intended to
supply primarily mineral elements or inorganic nutrients.
(g) The term "drug" means any article intended for use in the diagnosis,
cure, mitigation, treatment, or prevention of disease in animals other than
man and articles other than feed intended to affect the structure or any
function of the animal's body.
(h) The term "customer-formula feed" means commercial feed
which consists of a mixture of commercial
feeds and/or feed ingredients each batch of which mixture is mixed
according to the specific instructions of the final purchaser.
(i) The term "manufacture" means to grind, mix or blend or further
process a commercial feed for distribution.
(j) The term "brand name" means any word, name,
symbol, device, or any combination thereof, identifying the commercial feed
of a distributor or manufacturer and distinguishing it from that of
others.
(k) The term "product name" means the name of the commercial feed which
identifies it as to kind, class, or specific use.
(l) The term "label" means a display of written, printed or graphic
matter upon or affixed to the container in which a commercial feed is
distributed, or on the invoice or delivery slip with which a commercial
feed or customer-formula feed is distributed.
(m) The term "ton" means a net weight of 2000 pounds avoirdupois.
(n) The term "per cent" or "percentage" means percentage by weight.
(o) The term "official sample" means any sample of feed taken by the
Director or his agent and designated as "official" by the Director or
his agent.
(p) The term "contract feeder" means a person who, as an independent
contractor, feeds commercial feed to animals pursuant to a contract
whereby such commercial feed is supplied, furnished or otherwise
provided to such person and whereby such person's remuneration is
determined all or in part by feed consumption, mortality, profits or
amount or quality of product.
(q) The term "seed" means agricultural, grass, vegetable or other
seeds as determined by the Department.
(r) The term "grain" means corn, wheat, rye, oats, barley, flaxseed,
sorghum, soybeans, mixed grain, and any other food grains, feed grains, and
oilseeds for which standards are established under the United States Grain Standards Act.
(s) The term "pet food" means any commercial feed prepared and
distributed for consumption by dogs and cats.
(t) The term "specialty pet food" means any commercial feed prepared and
distributed for consumption by specialty pets.
(u) The term "specialty pet" means any animal normally maintained in
confinement, including but not limited to, gerbils, hamsters, birds, fish,
snakes, turtles, and zoo animals.
(v) The term "animal" means any living creature, domestic or wild, but
does not include man.
(w) The term "Department" means the Department of Agriculture of the
State of Illinois.
(x) The term "Director" means the Director of the Department of
Agriculture of the State of Illinois or duly authorized representative.
(Source: P.A. 87-664.)
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(505 ILCS 30/4) (from Ch. 56 1/2, par. 66.4)
Sec. 4. Product Registration and Firm License.
(a) No person who manufactures feed in this State or whose name appears
on the label shall distribute a commercial feed unless the person has
secured a license under this Act on forms provided by the Department which
identify the name and address of the firm and the location of each
manufacturing facility of that firm within this State. An
application for the license shall be accompanied by a fee of $30 for each
year or any portion thereof. All firm licenses shall expire December
31 of each year. Each commercial feed shall be registered before being
distributed in this State, provided, however, that customer-formula feeds
are exempt from registration. The application for registration shall be
submitted to the Director on forms furnished or acceptable to the Director.
The registration shall be accompanied by a label and such other information
as the Director may require describing the product. All registrations are
permanent unless amended or cancelled by the registrant.
(b) A distributor shall not be required to register any
product which is already registered under this Act by another
person, unless the product has been repackaged or relabelled.
(c) Changes in the guarantee of either chemical or ingredient
composition of a registered product may be permitted provided that such
changes would not result in a lowering of the feeding value of the product
for the purpose for which designed.
(d) The Director is empowered to refuse a product
registration or a firm license not in compliance with the provisions of
this Act and to suspend or revoke any product registration or firm license
subsequently found not to be in compliance with any provision of this Act;
provided, however, that no product registration or firm license shall be
refused or revoked until an opportunity has been afforded the respondent to
be heard before the Director.
(Source: P.A. 96-1310, eff. 7-27-10.)
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(505 ILCS 30/5) (from Ch. 56 1/2, par. 66.5)
Sec. 5.
Labeling.
(a) Any commercial feed, except customer-formula feed, distributed
in this State shall be accompanied by a legible label bearing the following information:
(1) The net weight.
(2) The product and brand name, if any, under which | ||
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(3) The guaranteed analysis of the commercial feed | ||
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(4) The common or usual names of each ingredient used | ||
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(5) The name and principal address of the person | ||
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(6) Directions for use for all commercial feeds | ||
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(7) Such precautionary statements as the Director | ||
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(b) A customer-formula feed shall be accompanied by a
label, invoice, delivery slip or other shipping document, bearing the
following information:
(1) Name and address of the manufacturer.
(2) Name and address of the purchaser.
(3) Date of delivery or sale.
(4) The name of the product and brand name, if any, | ||
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(5) Directions for use and precautionary statements | ||
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(Source: P.A. 87-664.)
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(505 ILCS 30/6) (from Ch. 56 1/2, par. 66.6)
Sec. 6. Inspection fees and reports.
(a) An inspection fee at the rate of 30 cents per ton shall be
paid to
the Director on commercial feed distributed in this State by the person who
first distributes the commercial feed subject to the following:
(1) The inspection fee is not required on the first | ||
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(2) Customer-formula feeds are hereby exempted if the | ||
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(3) A fee shall not be paid on a commercial feed if | ||
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(4) In the case of pet food and specialty pet food | ||
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(b) The minimum inspection fee shall be $25 every 6 months.
(c) Each person who is liable for the payment of the inspection fee shall:
(1) File, not later than the last day of January and | ||
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(2) Keep such records as may be necessary or required | ||
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(Source: P.A. 96-1310, eff. 7-27-10.)
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(505 ILCS 30/7) (from Ch. 56 1/2, par. 66.7)
Sec. 7.
Adulteration.
A commercial feed is adulterated:
(a) If it bears or contains any poisonous or deleterious substance
which may render it injurious to health; but in case the substance is not
an added substance, the commercial feed shall not be considered
adulterated if the quantity of the substance in such commercial feed does
not ordinarily render it injurious to health.
(b) If it bears or contains any poisonous, deleterious or non-nutritive
ingredient that has been added in sufficient amount to render it unsafe
within the meaning of Section 406 of the Federal Food, Drug and Cosmetic
Act, other than one which is a pesticide chemical in or on a raw
agricultural commodity or a food additive.
(c) If it is, bears or contains any food additive which is unsafe
within the meaning of Section 409 of the Federal Food, Drug and Cosmetic Act.
(d) If it is a raw agricultural commodity and it bears or contains a
pesticide chemical which is unsafe within the meaning of Section 408 of the
Federal Food, Drug and Cosmetic Act, provided, that where a pesticide
chemical has been used in or on a raw agricultural commodity in conformity
with an exemption granted or a tolerance prescribed under Section 408 of
the Federal Food, Drug and Cosmetic Act and the raw agricultural commodity
has been subjected to processing, such as, canning, cooking, freezing,
dehydrating or milling, the residue of the pesticide chemical remaining in
or on
the processed feed shall not be deemed unsafe if such residue in or on
the raw agricultural commodity has been removed to the extent possible
by good manufacturing practices as adopted and the concentration of the
residue in the processed feed is not greater than the tolerance prescribed
for the raw agricultural commodity, unless the feeding of the processed
feed will result or is likely to result in a pesticide residue in the
edible product of the animal, which is unsafe within the meaning of Section
408 of the Federal Food, Drug and Cosmetic Act.
(e) If it is, bears or contains any color additive which is unsafe
within the meaning of Section 706 of the Federal Food, Drug and Cosmetic Act.
(f) If it contains a drug and the methods used in, or the facilities or
controls used for, its manufacture, processing, or packaging do not conform
to current good manufacturing practice regulations promulgated by the
Director to assure that the drug meets the requirements of this Act as to
safety and has the identity and strength and meets the quality and purity
characteristics which it purports or is represented to possess. In
promulgating these regulations, the Director shall adopt the current good
manufacturing practice regulations for Type A medicated articles and Type B
and Type C medicated feeds established under authority of the Federal Food,
Drug, and Cosmetic Act, unless he determines that they are not appropriate
to the conditions which exist in this State.
(g) If any valuable constituent has been in whole or in part omitted or
abstracted therefrom or any less valuable substance substituted therefor.
(h) If its composition or quality falls below or differs from that which
it is purported or is represented to possess by its labeling.
(i) If it contains weed seeds in amounts exceeding the
limits established by regulation.
(Source: P.A. 87-664.)
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(505 ILCS 30/8) (from Ch. 56 1/2, par. 66.8)
Sec. 8.
Misbranding.
A commercial feed or
customer-formula feed is misbranded:
(a) If its labeling is false or misleading in any particular.
(b) If it is distributed under the name of another commercial feed.
(c) If it is not labeled as required in Section 5 of this Act and in
regulations prescribed under this Act.
(d) If it purports to be or is represented as a commercial feed, or
if it purports to contain or is represented as containing a feed
ingredient, unless the feed ingredient conforms to the definition of
identity, if any, prescribed by the Association of
American Feed Control Officials, as adopted in Section 10 of this Act.
(e) If any word, statement or other information required by or under
authority of this Act to appear on the label or labeling is not
prominently placed thereon with such conspicuousness (as compared with
other words, statements, designs or devices in the labeling) and in such
terms as to render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use.
(Source: P.A. 87-664.)
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(505 ILCS 30/9) (from Ch. 56 1/2, par. 66.9)
Sec. 9.
Inspection, sampling and analysis.
(a) For the purpose of enforcement of this Act, and in order to
determine whether its provisions have been complied with, including whether
or not any operations may be subject to its provisions, officers, or
employees duly designated by the Director, upon presenting appropriate
credentials, and a written notice to the owner, operator, or agent in
charge, are authorized (1) to enter, during normal business hours, any
factory, warehouse, or establishment within the State in which commercial
feeds are manufactured, processed, packed, or held for distribution, or to
enter any vehicle being used to transport or hold feeds; and (2) to
inspect any factory, warehouse, establishment or vehicle and all pertinent
equipment, finished and unfinished materials, containers, and labeling
therein. The inspection may include the verification of only the records,
and production and control procedures as may be necessary to determine
compliance with the Good Manufacturing Practice Regulations established
under Section 10(d) or other provisions of this Act.
(b) A separate notice shall be given for each inspection, but a
notice shall not be required for each entry made during the period covered
by the inspection. Each inspection shall be commenced and completed
with reasonable promptness. Upon completion of the inspection, the person
in charge of the facility or vehicle shall be so notified.
(c) If the officer or employee making the inspection of a factory,
warehouse, or other establishment has obtained a sample in the course of
the inspection, upon completion of the inspection and prior to leaving the
premises he shall give to the owner, operator, or agent in charge a receipt
describing the samples obtained.
(d) If the owner of any factory, warehouse, or establishment described
in subsection (a), or his agent, refuses to admit the Director or his agent
to inspect in accordance with subsections (a) and (b), the Director is
authorized to obtain from any State Court a warrant directing the owner or
his agent to submit the premises, records, vehicles, and any items
described in the warrant to inspection.
(e) For the enforcement of this Act, the Director or his duly designated
agent is authorized to enter upon any public or private premises including
any vehicle of transport during regular business hours to have access to,
and to obtain samples, and to examine records relating to distribution of
commercial feeds.
(f) Sampling and analysis shall be conducted in accordance with methods
published by the Association of Official Analytical Chemists, or in
accordance with other recognized methods.
(g) The results of all analyses of official samples shall be forwarded
by the Director to the person named on the label. When the inspection and
analysis of an official sample indicates a commercial feed has been
adulterated or misbranded and upon request within 30 days following the
receipt of the analysis, the Director shall furnish to the registrant a
portion of the sample concerned.
(h) The Director, in determining for administrative purposes whether a
commercial feed is deficient in any component, shall be guided by the
official sample obtained and analyzed as provided for in this Act.
(Source: P.A. 87-664.)
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(505 ILCS 30/10) (from Ch. 56 1/2, par. 66.10)
Sec. 10.
Rules and regulations.
(a) The Director is hereby charged with the enforcement of this Act
and is empowered to promulgate and adopt, after due notice and public hearing,
such reasonable rules and regulations as may be necessary in order to
secure efficient administration of this Act.
(b) The official definitions of feed ingredients and official feed
terms as adopted and published by the Association of American Feed Control
Officials and any amendments or supplements thereto are the official
definitions of feed ingredients and official feed terms, except insofar as
specifically amended, modified or rejected by a rule adopted by the Director.
(c) Federal rules adopted by the U.S. Food and Drug Administration,
Department of Health and Human Resources relating to Sections 406, 408,
409, 512 and 706 of the Federal Food, Drug and Cosmetic Act are the rules
governing those Sections, except insofar as specially amended, modified or
rejected by a rule adopted by the Director.
(d) The good manufacturing practices established as part 225 and part
226 rules pursuant to the Federal Food, Drug and Cosmetic Act are the good
manufacturing practices for the purposes of this Act, except insofar as
specifically amended, supplemented, modified or rejected by rules adopted
by the Director.
(Source: P.A. 87-664.)
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(505 ILCS 30/11) (from Ch. 56 1/2, par. 66.11)
Sec. 11.
Detained commercial feeds.
(a) "Withdrawal from distribution" orders: When the Director or his
authorized agent has reasonable cause to believe any lot of commercial feed
is being distributed in violation of any of the provisions of this Act or
of any of the prescribed regulations under this Act, he may issue and
enforce a written or printed "withdrawal from distribution" order, warning
the registrant or distributor not to dispose of the lot of commercial feed
in any manner until written permission is given by the Director or the
Court. The Director shall release the lot of commercial feed so withdrawn
when the provisions and regulations have been complied with. If compliance
is not obtained within 30 days, the Director may begin, or upon request of
the distributor or registrant shall begin, proceedings for condemnation.
(b) Condemnation and confiscation: Any lot of commercial feed not in
compliance with the provisions and regulations shall be subject to seizure
on complaint of the Director to a court of competent jurisdiction in the
county in which the commercial feed is located. In the event the court
finds the commercial feed to be in violation of this Act and orders
the condemnation of the commercial feed, it shall be disposed of in any
manner consistent with the quality of the commercial feed and the laws of
the State: Provided, that in no instance shall the disposition of the
commercial feed be ordered by the court without first giving the claimant
an opportunity to apply to the court for release of the commercial feed or
for permission to process or re-label the commercial feed to bring it into
compliance with this Act.
(Source: P.A. 87-664.)
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(505 ILCS 30/11.1) (from Ch. 56 1/2, par. 66.11-1)
Sec. 11.1.
Prohibited Acts.
It shall be unlawful for any person to:
(a) Manufacture or distribute any commercial feed that is adulterated
or misbranded.
(b) Adulterate or misbrand any commercial feed.
(c) Remove or dispose of a commercial feed in violation of an order
under Section 11.
(d) Fail or refuse to license the firm or submit product labels in
accordance with Section 4.
(e) Violate the provisions of this Act or rules.
(f) Fail to pay fees and penalties and file reports as required by the
Act and rules.
(Source: P.A. 87-833.)
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(505 ILCS 30/12) (from Ch. 56 1/2, par. 66.12)
Sec. 12.
Penalties.
(a) Any person convicted of violating provisions of this Act
or the rules and regulations issued thereunder or who shall impede,
obstruct, hinder or otherwise prevent or attempt to prevent the Director or
his or her duly authorized agent in performance of his or her duty in
connection with the provisions of this Act, shall be adjudged guilty of a
business offense.
In all prosecutions under this Act involving the
composition of a lot of commercial feed, a certified copy of the official
analysis signed by the Director shall be accepted as prima facie evidence
of the composition.
(b) Nothing in this Act shall be construed as requiring the Director or
his or her representative to report for prosecution or for the institution of
seizure proceedings as a result of minor violations of the Act if he or she
believes that the public interest will be best served by a suitable notice
of warning in writing.
(c) Each State's attorney to whom any violation is reported shall cause
appropriate proceedings to be instituted and prosecuted in a circuit court
without delay. Before the Director reports a
violation for such prosecution, an opportunity shall be given the
registrant or distributor to present his or her views to the Director.
(d) The Director may file a complaint and apply for and the court
may grant a temporary restraining order or a preliminary or
permanent injunction restraining any person from violating or continuing to
violate any of the provisions of this Act or any rules or regulations
promulgated under the Act notwithstanding the existence of other judicial
remedies. The injunctive relief shall be issued without bond.
(e) Any person adversely affected by an act, order or ruling made
pursuant to the provisions of this Act may within 45 days thereafter bring
an action in the Circuit Court of Sangamon County, Illinois, for a new trial of
the issues bearing upon such act, order or ruling, and upon such trial the
court may enter and enforce such orders or judgments as the court
may deem proper and just. All fines imposed and collected under
this Act shall be paid within 30 days after collection to the
Department of Agriculture and by it paid into the Feed Control Fund.
(Source: P.A. 87-664.)
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(505 ILCS 30/13) (from Ch. 56 1/2, par. 66.13)
Sec. 13.
Publications.
The Director shall publish at least annually, in such forms as he may
deem proper, information concerning the sales of commercial feeds, together
with such data on their production and use as he may consider advisable,
and a report of the results of the analyses of official samples of
commercial feeds sold within the State as compared with the analyses
guaranteed in the registration and on the label; provided, however, that
the information concerning production and use of commercial feeds shall not
disclose the operations of any person.
(Source: Laws 1961, p. 2289.)
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(505 ILCS 30/14) (from Ch. 56 1/2, par. 66.14)
Sec. 14. Constitutionality. If any clause, sentence, paragraph or part of this Act shall for any
reason be adjudged invalid by any court of competent jurisdiction, such
judgment shall not affect, impair or invalidate the remainder thereof
but shall be confined in its operation to the cause, sentence, paragraph
or part thereof directly involved in the controversy in which such
judgement shall have been rendered.
(Source: P.A. 97-813, eff. 7-13-12.)
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(505 ILCS 30/14.1) (from Ch. 56 1/2, par. 66.14.1)
Sec. 14.1.
Cooperation with other entities.
The Director may cooperate
with and enter into agreements with governmental agencies of this State,
other states, agencies of the federal government, and private associations
and organizations in order to carry out the purpose and provisions of this Act.
(Source: P.A. 87-664.)
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(505 ILCS 30/14.2) (from Ch. 56 1/2, par. 66.14.2)
Sec. 14.2.
Suspension or revocation of registration or firm
license; Administrative hearings and penalties. The Department may suspend
or revoke any registration issued under Section 4 of this Act for violation
of the Act or any rules adopted pursuant thereto.
The Department may, upon its own motion and shall upon the verified
complaint in writing of any person setting forth facts which, if proved,
would constitute grounds for refusal, suspension, or revocation of a
product registration, under this Act, investigate the actions of any
applicant or any person or persons applying for, holding, or claiming to
hold a product registration or firm license.
At least 10 days before the date set for the hearing, the Director
shall notify in writing the applicant for or holder of a product
registration or firm license, referred to as the respondent in this Section,
that a hearing will be held on the date designated to determine whether the
respondent is entitled to hold a product registration or firm license and
shall afford the respondent opportunity to be heard in person or by counsel.
The Department, over the signature of the Director, is authorized to
issue subpoenas and to take testimony, either orally, by disposition or by
exhibit, in the circuit courts of this State. The Director is authorized
to issue subpoenas duces tecum for any or all records relating to the feed
in question.
(Source: P.A. 87-664.)
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(505 ILCS 30/14.3) (from Ch. 56 1/2, par. 66.14.3)
Sec. 14.3.
Feed Control Fund.
There is created in the State
Treasury a special fund to be known as the Feed Control Fund. All firm
license, inspection, and penalty fees collected by the Department under
this Act shall be deposited in the Feed Control Fund. In addition, for the
years 2004 and thereafter, $22 of each annual fee collected by the Department
pursuant to Section 6, paragraph 4 of this Act shall be deposited by the
Department directly into the State's General Revenue Fund.
The amount annually collected as fees shall be appropriated by the General
Assembly to the Department for activities related to the enforcement of this
Act.
(Source: P.A. 93-32, eff. 7-1-03.)
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(505 ILCS 30/15) (from Ch. 56 1/2, par. 66.15)
Sec. 15.
Repeal.
"An Act to regulate the sale and analysis of concentrated feeding
stuffs", approved May 18, 1905, as amended, is repealed.
(Source: Laws 1961, p. 2289.)
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(505 ILCS 30/16) (from Ch. 56 1/2, par. 66.16)
Sec. 16.
Effective date.
This Act shall take effect January 1, 1962.
(Source: Laws 1961, p. 2289.)
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