4-276-290 Fresh berries and small fruits.

   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)

4-276-300 Net quantity on packages – Required.

   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)

4-276-310 Repacking fruit and vegetables.

   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)

4-276-320 Milk or cream in bottles.

   No person shall sell or offer for sale within the city any milk or cream in bottles, or in glass jars, unless each of said bottles or glass jars in which said milk or cream is sold or offered for sale shall have blown into it or otherwise indelibly and permanently indicated thereon in a legible and conspicuous manner the capacity thereof; and the commissioner shall have the right at any time to examine any bottle or glass jar in which milk or cream is sold or offered for sale in the city, or which is used by any person for the purpose of containing milk or cream to be sold or offered for sale, in order to ascertain whether such bottle or jar is of a capacity not less than that which it purports to be; provided, that the test of 48 bottles or glass jars to be used for milk or cream sold or offered for sale containing milk by any person shall be taken by said inspector, and this section shall be construed as having been complied with if such number of bottles or glass jars contain the full capacity herein required; provided further, however, that bottles or jars marked "quarter pint" shall contain not less than 30 drams, "half pint", not less than 62 drams, "pint", not less than 125 drams, "quart", not less than 252 drams, "three pints", not less than 379 drams, "two quarts", not less than 506 drams; and provided, further, that no bottle or glass jar shall be considered a legal measure except for the distribution of milk or cream to consumers.

   Any person violating any of the provisions of this section shall be fined not less than $2.00 nor more than $100.00 for each offense, and the possession of each bottle or glass jar not so marked as provided in this section or of a lesser capacity than marked thereon and used or to be used, or which has been used by such person for the purpose of containing milk or cream to be sold or offered for sale in the city, shall constitute a separate and distinct offense.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-330 Reserved.

Editor's note – Coun. J. 3-9-11, p. 113698, § 2, repealed § 4-276-330, which pertained to bread loaves.

4-276-340 Reserved.

Editor's note – Coun. J. 3-9-11, p. 113698, § 2, repealed § 4-276-340, which pertained to biscuits and rolls.

4-276-350 Scales required when.

   Every person selling or offering for sale any service, commodity, produce or article of merchandise, sold by weight, shall keep and maintain in a conspicuous place on his premises, scales suitable for weighing such commodity, produce or article of merchandise, and shall, whenever requested by the buyer and in the buyer's presence, weigh the commodity, produce or article of merchandise sold or offered for sale.

   Wherever meat, poultry or other articles of merchandise sold by weight and prepared or wrapped in advance of being sold by the retailer, are being offered for sale, an accurate computing scale of adequate capacity shall be placed or set no more than 30 feet from the prepackaged display counter or service area. A prominent and conspicuous sign shall be placed on or adjacent to the computing scale, such sign shall read "for customer use", in a type size no less than two inches in height. Where the prepackaged merchandise is marked with weight expressed in the standard avoirdupois pound and decimal fractions thereof, a conversion chart showing the correlation between the decimal fractions and common fractions of the avoirdupois pound, in a type size no less than 12-point, shall be prominently and conspicuously displayed. 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)