Section 720.30 Prohibited Acts and Penalties

Section 720

Section 720.30  Prohibited

Acts and Penalties

a)         Guaranty.

In case of the giving of a guaranty or undertaking referred

to in Section 5(b) of the Act, each person signing such guaranty or undertaking

shall be considered to have given it.

b)         Guaranty:  Definition and Suggested Forms.

A guaranty or undertaking referred to in Section 3.7 of the

Act may be:

1)         Limited to a specific shipment or other delivery of an

article, in which case it may be a part of or attached to the invoice or

bill-of-sale covering such shipment or delivery, or

2)         General and continuing, in which case, in its application to

any shipment or other delivery of an article, it shall be considered to have

been given at the date such article was shipped or delivered by the person who

gives the guaranty or undertaking.

c)         The following are suggested forms of guaranty or undertaking

under Section 3.7 of the Act:

1)         Limited form for use on invoice or bill-of-sale.

(Name of

person giving the guaranty or undertaking) hereby guarantees that no article

listed herein is adulterated or misbranded within the meaning of the Illinois

Food, Drug and Cosmetic Act, or otherwise in violation of Section 17 of the

Act.  (Signature and post office address of person giving the guaranty or

undertaking.)

2)         General and continuing form.

The article comprising each shipment or other delivery hereafter made by

(name of person giving the guaranty or undertaking) to, or on the order of

(name and post office address of person to whom the guaranty or undertaking is

given) is hereby guaranteed, as of the date of such shipment or delivery, to

be, on such date, not adulterated or misbranded within the meaning of the

Illinois Food, Drug and Cosmetic Act, or otherwise in violation of Section 17

of the Act

(name of person giving the guaranty or undertaking) to, or on the order of

(name and post office address of person to whom the guaranty or undertaking is

given) is hereby guaranteed, as of the date of such shipment or delivery, to

be, on such date, not adulterated or misbranded within the meaning of the

Illinois Food, Drug and Cosmetic Act, or otherwise in violation of Section 17

of the Act.  (Signature and post office address of person giving the guaranty

or undertaking.)

d)         The application of a guaranty or undertaking referred to in

Section 3.7 of the Act to any shipment or other delivery of an article shall

expire when such article, after shipment or delivery by the person who gave

such guaranty or undertaking, becomes adulterated or misbranded within the

meaning of the Act.

e)         A guaranty or undertaking referred to in Section 3.7 of the

Act shall state that the shipment or other delivery of the color additive

covered thereby was manufactured by a signer thereof.  It may be a part of or

attached to the invoice or bill-of-sale covering such color.  If such shipment

or delivery is from a foreign manufacturer, such guaranty or undertaking shall

be signed by such manufacturer and by an agent of such manufacturer who resides

in the United States.

f)         For the purpose of a guaranty or undertaking under Section

5(b) of the Act the manufacturer of a shipment or other delivery of a color

additive is the person who packaged such color.

g)         A guaranty or undertaking, if signed by two or more persons,

shall state that such persons severally guarantee the article to which it

applies.

h)         No representation or suggestion that an article is guaranteed

under the Act shall be made in labeling.

i)          Presentation of View Under Section 7 of the Act.

Presentation of views under Section 7 of the Act shall be

private and informal.  The views presented shall be confined to matters

relevant to the contemplated proceeding

everally guarantee the article to which it

applies.

h)         No representation or suggestion that an article is guaranteed

under the Act shall be made in labeling.

i)          Presentation of View Under Section 7 of the Act.

Presentation of views under Section 7 of the Act shall be

private and informal.  The views presented shall be confined to matters

relevant to the contemplated proceeding.  Such views may be presented by letter

or in person by the person to whom the notice was given, or by his

representative.  In case such person holds a guaranty or undertaking referred

to in Section 5(b) of the Act applicable to the article on which such notice

was based, such guaranty or undertaking, or a verified copy thereof, shall be

made a part of such presentation of views.

j)          Upon request, reasonably made, by the person to whom a notice

appointing a time and place for the presentation of views under Section 7 of

the Act has been given, or by his representative, such time or place, or both

such time and place, may be changed if the request states reasonable ground

therefor.  Such request shall be addressed to the office of the Illinois

Department of Public Health which issued the notice.