Repository: UIHistories Project: Board of Trustees Minutes - 1928 [PAGE 752]

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1928]

UNIVERSITY OF ILLINOIS March 27, 1928.

749

File No. 1400

FOOD:

Pasteurization plant as a part of educational equipment at the University of Illinois not within the "Pasteurization of Milk Act." Hon. Sveinbjorn Johnson, Legal Counsel, University of Illinois, Urbana, Illinois Dear Sir : I have received your letter of the 22nd instant, which is as follows: "May I have the official opinion of your office upon the following proposition: "Is the University of Illinois, by reason of the fact that it owns and uses a pasteurization plant as a part of the educational equipment in the College of Agriculture, 'engaged in the business of operating a pasteurization plant,' within the meaning of an act of the legislature of Illinois, approved June 30, 1925, appearing at page 408 of the Session Laws of that year, and beginning as section 101 of Chapter 56^4 Smith-Hurd Revised Statutes of 1927, so as to be obligated to pay the inspection fee prescribed in that Act, and specifically in section 3 thereof? "The Board of Trustees of the University authorized the purchase of this equipment many years ago; it has since been and is now used as a part of the laboratory equipment in the College of Agriculture for the instruction of students in that department." You will observe that section 2 of the "Pasteurization of Milk Act" provides that: "All persons,firmsor corporations doing business in the State of Illinois and now engaged in the busitiess of operating a pasteurization plant shall, and, in my opinion, the language there used does not include a pasteurization plant used by the University of Illinois as a part of the educational equipment in the College of Agriculture. The Department of Agriculture is conducting the pasteurization plant not as a business but as a method of teaching the ways and means for proper pasteurization of milk. It appears to m e that where the State of Illinois through its educational agency, namely, the Agricultural College of the University of Illinois, is teaching proper pasteurization, it would almost be paradoxical to require the University to procure a certificate in order to operate its plant. Moreover, as stated, as I understand the situation, the Agricultural College is not conducting the business of pasteurizing milk. Very truly yours, Oscar E. Carlstrom Attorney General June 6, 1928. File No. 1509

FOOD:

Pasteurization plant as a part of educational equipment at the University of Illinois not within the "Pasteurization of Milk Act." Dr. Isaac D. Rowlings, Director, Department of Public Health, Springfield, Illinois Dear Dr. Rawlings : I have received your letter of the 15th ultimo, in which you call to m y attention m y opinion, File No. 1400, given on the subject of " F O O D : Pasteurization plant as a part of educational equipment at the University of Illinois not within the 'Pasteurization of Milk Act'," to Hon. Sveinbjorn