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All packages of meat, meat products, poultry, poultry products, fish, fish products, nonliquid animal products, cheese, fruits and vegetables prepared and wrapped by the retailer in advance of being exposed or offered for sale by the retailer shall be accurately weighed and, in addition to the net weight marked thereon, shall be marked with a unit price, and the total selling price. The unit price shall be calculated using the same unit of weight for all similar packaged products.
Provided however, that fresh produce items such as heads of lettuce, cabbage or items as specified by the rules of the commissioner, wrapped in transparent material, shall not be considered packaged as defined in this section.
Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $200.00 for each offense. Each violation of this section shall be considered a separate and distinct offense and shall be regarded as being committed on each day on which such person shall continue or permit any such violation.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)
Any retailer that offers for sale or sells any covered commodity shall inform consumers of the country of origin of the covered commodity in accordance with Subtitle D of the Agricultural Marketing Act of 1946, codified at 7 U.S.C. 1638, et seq., as amended (for purposes of this section, "Act") and regulations promulgated thereto. Provided, however, the requirement of this section shall not apply to any retailer that is not required to inform consumers of the country of origin of covered commodities under the Act. For purposes of this section, the term "covered commodity" shall have the meaning ascribed to it in Section 1638 of Title 7 of the United States Code.
(Added Coun. J. 3-9-11, p. 113698, § 1)
It shall be unlawful to advertise, offer for sale, or sell any perishable meat or poultry prepackaged or otherwise, except processed meats and poultry such as sausage, luncheon meat, smoked or cooked meat, poultry rolls or canned poultry, unless it complies with standards established by the United States Department of Agriculture.
Failure to comply with United States Department of Agriculture standards in the advertisement of or on the product or package offered for sale or on a sign describing the meat or poultry being offered for sale is prima facie evidence of a violation of this section.
Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $200.00 for each offense. Each violation of this section shall be considered a separate and distinct offense and shall be regarded as being committed on each day on which such person shall continue or permit any such violation.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)
All fresh berries, cherries, currants and other small fruits sold or offered for sale in the city shall, in the absence of a special agreement in writing signed by the parties thereto to the contrary, be sold, if in bulk, by standard avoirdupois net weight, or by numerical count, or in uniform size baskets, boxes, or other receptacles containing one quart or one pint standard dry measure or multiples thereof, and in no other way. The said receptacles shall be uniformly and evenly filled throughout. Said baskets, boxes or other receptacles in which, or out of which, such small fruits are sold or offered for sale shall not be required to be tested and sealed, but the commissioner may at any time test the capacity of the basket, box or other receptacle in which, or out of which, said berries, cherries, currants or other small fruits are sold or offered for sale.
Any person selling or offering for sale any such small fruits in any basket, box or other receptacle that is of a capacity different from that hereinbefore provided, or in any basket, box or other receptacle that is not uniformly and evenly filled throughout, shall be fined not less than $25.00 nor more than $100.00 for each offense.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)
It shall be unlawful to keep for the purpose of sale or to offer or expose for sale, or sell, any commodity in package form unless the net quantity of the contents is plainly and conspicuously marked on the outside of the package, in terms of weight, measure or numerical count; provided, however, that reasonable variations or tolerances shall be permitted, and that these reasonable variations or tolerances and exemptions shall be those established by rules and regulations made and promulgated by the Director of Agriculture of the State of Illinois; and provided, further, that this section shall not be construed to apply to those commodities in package form the manner of sale of which is specifically regulated by other provisions of this Code.
The words "in package form" shall be construed to include both the wholesale and the retail package. "Package", as used in this section, does not include any container in which are packed or contained packages of a smaller size of a commodity, but this section applies only to the container directly enclosing the commodity.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)
Any person selling or offering for sale any fresh or green fruit or vegetables which have been emptied from and repacked in barrels, boxes, baskets or other receptacles, shall clearly stamp or write upon the outside of such barrels, boxes, baskets or other receptacles, in a conspicuous place, the words "repacked by" and, following such words, the name of the person so repacking the said fruit or vegetables.
Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $100.00 for each offense.
(Added Coun. J. 12-9-92, p. 25465)
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