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.
