(815 ILCS 395/0.01) (from Ch. 121
1/2, par. 137.90)
Sec. 0.01. Short title. This Act
may be cited as the Platinum Sales Act.
(Source: P.A. 86-1324.)
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(815 ILCS 395/1) (from Ch. 121
1/2, par. 138)
Sec. 1. In this Act, unless the
context otherwise requires:
(1) The term "article" means
any article of merchandise, and includes any portion of such
article, whether a distinct part thereof or not (including every
part thereof whether or not separable and also including material
for manufacture).
(2) The terms "platinum," "iridium," "palladium," "ruthenium," "rhodium," and/or "osmium" include
any alloy or alloys of any one or more of said metals.
(3) The term "mark" means
any mark, sign, device, imprint, stamp, or brand applied to any
article, or to any tag, card, paper, label, box, carton, container,
holder, package, cover, or wrapping attached to, used in conjunction
with, or inclosing such article, or any bill, bill of sale, invoice,
statement, letter, circular, advertisement, notice, memorandum
or other writing or printing.
(4) The terms "apply" and "applied" include
any method or means of application or attachment to, or of use
on, or in connection with, or in relation to, an article whether
such application, attachment, or use is to, on, by, in, or with:
(a) The article itself; or
(b) Anything attached to the article;
or
(c) Anything to which the article
is attached; or
(d) Anything in or on which the
article is; or
(e) Anything so used or placed
as to lead to a reasonable belief that the mark on that thing
is meant to be taken as a mark on the article itself.
(5) The term "quality mark" means
any mark as herein defined indicating, describing, identifying
or referring to or appearing or seeming or purporting to indicate,
describe, identify or refer to the partial or total presence
or existence of, or the quality of, or the percentage of, or
the purity of, or the number of parts of platinum, iridium, palladium,
ruthenium, rhodium, and/or osmium in any article.
(Source: Laws 1927, p. 783.)
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(815 ILCS 395/2) (from Ch. 121
1/2, par. 139)
Sec. 2. (a) When an article is
composed of mechanism, works or movements and of a case or
cover containing the mechanism, works or movements, a quality
mark applied to the article shall be deemed not to be, nor
to be intended to be, applied to the mechanism, works or movements.
(b) The quality mark applied to
the article shall be deemed not to apply to springs, winding
bars, sleeves, crown cores, mechanical joints, pins, screws,
rivets, dust bands, detachable movement rims, hat-pin stems,
bracelet and necklace snap tongues. In addition, in the event
that an article is marked under paragraph (5) of section 5, the
quality mark applied to the article shall be deemed not to apply
to pin tongues, joints, catches, lapel button backs and the posts
to which they are attached, scarf-pin stems, hat-pin
sockets, shirt-stud backs, vest-button backs, and
ear-screw backs: Provided, that such parts are made of
the same quality of gold as is used in the balance of the article.
(Source: Laws 1927, p. 783.)
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(815 ILCS 395/3) (from Ch. 121
1/2, par. 140)
Sec. 3. If there is any quality
mark printed, stamped, or branded on the article itself, there
must also be printed, stamped, or branded on the said article
itself the following mark, to-wit: A trade-mark
duly applied for or registered under the laws of the United
States of the manufacture of such article; except that if such
manufacturer has sold or contracted to sell such article to
a jobber, wholesaler, or retail dealer regularly engaged in
the business of buying and selling similar articles, this provision
shall be deemed to be complied with if there is so marked on
the said article the trade-mark duly registered under
the laws of the United States of such jobber, wholesaler, or
retail dealer, respectively; and in such event there may also
be marked on the said article itself numerals intended to identify
the article, design, or pattern: Provided, however, that such
numerals do not appear or purport to be a part of the quality
mark: Provided further, that they are not calculated to mislead
or deceive anyone into believing that they are partly of the
quality mark.
(Source: Laws 1927, p. 783.)
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(815 ILCS 395/4) (from Ch. 121
1/2, par. 141)
Sec. 4. (a) All quality marks applied
to any article shall be equal in size and equally visible,
legible, clear, and distinct and no quality mark which is false,
deceptive or misleading shall be applied to any article or
to any descriptive device therefor. No more than one quality mark shall be applied
to any article and such quality mark shall be applied to such
article in only one place thereon except as elsewhere in this
Act specifically permitted.
(b) Wherever in this Act provision
is made for marking the number of parts or percentage of metals
such number or percentage shall refer to weight and not to volume,
thickness, or any other basis.
(Source: P.A. 91-357, eff.
7-29-99.)
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(815 ILCS 395/5) (from Ch. 121
1/2, par. 142)
Sec. 5. There shall not be applied
to any article any quality mark nor any colorable imitation
thereof, nor any contraction thereof, nor any addition thereto,
nor any words or letters, nor any mark purporting to be or
resembling a quality mark, except as follows:
(1) An article consisting of at
least 985/1000ths parts of platinum, iridium, palladium, ruthenium,
rhodium, and/or osmium, where solder is not used and at least
950/1000ths parts of said same metal or metals where solder is
used, may be marked "platinum": Provided, that the
total of the aforementioned metals other than pure platinum shall
amount to no more than 50/1000ths parts of the contents of the
entire article.
(2) An article consisting of at
least 985/1000ths parts of platinum, iridium, palladium, ruthenium,
rhodium, and/or osmium, where solder is not used and at least
950/1000ths parts of the said same metal or metals where solder
is used: Provided, that at least 750/1000ths parts of said article
are pure platinum, may be marked "platinum": Provided
further, that immediately preceding the mark "platinum" there
is marked the name or abbreviation as hereinafter provided, of
either iridium, palladium, ruthenium, rhodium, and/or osmium,
whichever of said metals predominates: And provided further,
that such predominating other metal must be more than 50/1000ths
parts of the entire article.
(3) An article consisting of at
least 985/1000ths parts of platinum, iridium, palladium, ruthenium,
rhodium, and/or osmium, where solder is not used and at least
950/1000ths parts of said same metals where solder is used: Provided,
that more than 500/1000ths parts of said article consists of
pure platinum, may be marked with the word "platinum":
Provided further, that said word is immediately preceded by a
decimal fraction in one-thousandths showing the platinum
content in proportion to the content of the entire article: And
provided further, that said mark "platinum" be followed
by the name or abbreviation as herein allowed, of such one or
more of the following metals, to-wit: Iridium, palladium,
ruthenium, rhodium, and/or osmium, that may be present in the
article in quantity of more than 50/1000ths parts of the entire
article. The name of such other metal or metals other than platinum,
however, shall each be immediately preceded by a decimal fraction
in one-thousandths showing the contents of such other metal
or metals in proportion to the entire article--as,
for example, 600 Plat., 350 Pall., or 500 Plat., 200 Pall., or 150 Ruth., 100 Rhod.
(4) An article consisting of 950/1000ths
parts of the following metals: Platinum, iridium, palladium,
ruthenium, rhodium, and/or osmium, with less than 500/1000ths
parts of the entire article consisting of pure platinum, may
be marked with the name iridium, palladium, ruthenium, rhodium,
and/or osmium, whichever predominates in the said article, but
in no event with the mark "platinum": Provided, however,
that the quantity of such metal other than platinum so marked
must be marked in decimal thousandths: And provided further,
that the name of such metal other than platinum so used must
be spelled out in full, irrespective of any other provisions
of this Act to the contrary.
(5) An article composed of platinum
and gold which resembles, appears, or purports to be platinum
may be marked with a karat mark and the platinum mark provided:
(a) The platinum in such article
shall be at least 985/1000ths parts pure platinum; and
(b) The fineness of the gold in
such article shall be correctly described by the karat mark of
said gold; and
(c) The percentage of platinum
in such article shall be no less than 5 per centum in weight
of the total weight of the article; and
(d) The mark shall be so applied
that the karat mark shall immediately precede the platinum mark,
as, for example, "14 K & Plat.," "18 K & Plat.," as
the case may be, it being expressly provided that in case the
percentage of platinum exceeds the 5 per centum provided herein
the quality mark may also include a declaration of the percentage
of platinum, as, for example, "18 K & 1/10th Plat.," or "14
K & 1/8th Plat.," or as the case may be.
(6) An article composed of platinum,
and any other material or metal not resembling, appearing, or
purporting to be platinum, may be marked with the quality mark
platinum: Provided, that all parts or portions of such article
resembling, or appearing, or purporting to be platinum, or reasonably
purporting to be described as platinum by said quality mark,
shall be at least 985/1000ths parts pure platinum.
(Source: Laws 1927, p. 783.)
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(815 ILCS 395/6) (from Ch. 121
1/2, par. 143)
Sec. 6. Whenever provided for in
this Act, except as specifically excepted in paragraph 4 of
section 5 hereof, the word "platinum" may be applied
by spelling it out in full or by the abbreviation "Plat.";
the word "iridium" may be applied by spelling it
out in full or by the abbreviation "Irid."; the word "palladium" may be applied
by spelling it out in full or by the abbreviation "Pall.";
the word "ruthenium" may be applied by spelling it
out in full or by the abbreviation "Ruth."; the word "rhodium" may
be applied by spelling it out in full or by the abbreviation "Rhod."; and the word "osmium" may be applied
by spelling it out in full or by the abbreviation "Osmi."
(Source: Laws 1927, p. 783.)
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(815 ILCS 395/7) (from Ch. 121
1/2, par. 144)
Sec. 7. Any person, partnership,
corporation, or association, or any officer, director, employee,
or agent thereof who shall sell or offer or expose for sale
in the state any article to which is applied any quality mark
which does not conform to all the provisions of this Act, or
from which is omitted any mark required by the provisions of
this Act, shall be guilty of a Class B misdemeanor. Provided,
however, that it shall be a defense to any prosecution under
this chapter for the defendant to prove that the said article
was manufactured and marked with the intention of and for purposes
of exportation from the United States, and that the said article
was either actually exported from the United States to a foreign
country within six months after date of manufacture thereof
with the bona fide intention of being sold in the said country
and of not being reimported, or that it was delivered within six months
after date of manufacture thereof to a person, firm, or corporation
whose exclusive customary business is the exportation of such
articles from the United States.
(Source: P. A. 77-2246.)
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(815 ILCS 395/8) (from Ch. 121
1/2, par. 145)
Sec. 8. In any action relating
to the enforcement of any provision of this Act a certificate
duly issued by an assay office of the Treasury Department of
the United States certifying the weight of any article, or
any part thereof, or of the kind, weight, quality, fineness,
or quantity of any ingredient thereof, shall be receivable
in evidence as constituting prima facie proof of the matter
or matters so certified.
(Source: Laws 1927, p. 783.)
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(815 ILCS 395/9) (from Ch. 121
1/2, par. 146)
Sec. 9. In any action relating
to the enforcement of any provision of this Act proof that
an article has been marked in violation of the provisions of
this Act shall be deemed to be prima facie proof that such
article was manufactured after this Act became effective.
(Source: Laws 1927, p. 783.)
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(815 ILCS 395/10) (from Ch. 121
1/2, par. 147)
Sec. 10. This Act shall take effect January
1, 1928.
(Source: Laws 1927, p. 783.)
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(815 ILCS 395/11) (from Ch. 121
1/2, par. 148)
Sec. 11. Section 229 a of Division
I of "An Act to revise the law in relation to criminal jurisprudence," approved
March 27, 1874, as amended, is repealed.
(Source: Laws 1927, p. 783.)
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