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.  (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.  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.