THIRTY-EIGHTH ANNUAL CONVENTION 217 



examination shall report such conditions and violations to the 

 State Food Commissioner. The State Food Commissioner or the 

 Assistant Commissioner shall thereupon issue a written order to 

 the person, firm or corporation responsible for the violation or 

 condition aforesaid to abate such condition or violation or to 

 make such changes or improvements as may be necessary to 

 abate them, within such reasonable time as may be required in 

 which to abate them. Notice of such order may be served by 

 delivering or by sending a copy thereof by registered mail, and 

 the receipt thereof through the postoffice shall be prima facie evi- 

 dence that notice of said order has been received. Such person, 

 firm or corporation shall have the right to appear in person or 

 by attorney before the State Food Commissioner or the person 

 appointed by him for such purpose, within the time limited in the 

 order, and shall be given an opportunity to be heard and to show 

 why such order or instructions should not be obeyed. Such hear- 

 ing shall be under such rules and regulations as may be prescribed 

 by the State Food Commissioner. If after such hearing it shall 

 appear that the provisions or requirements of this Act have not 

 been violated, said order shall be rescinded. If it shall appear 

 that the requirements or provisions of this Act are being violated, 

 and that the person, firm or corporation notified as aforesaid 

 is responsible therefor, said previous order shall be confirmed 

 or amended, as the facts shall warrant, and shall thereupon be 

 final, but such additional time as is necessary may be granted 

 within which to comply with said final order. If such person, 

 firm or corporation is not present or represented when such final 

 order is made, notice thereof shall be given as above provided. 

 On failure of the party or parties to comply with the first order 

 of the State Food Commissioner within the time prescribed, 

 when no hearing is demanded, or upon failure to comply with 

 the final order, within the time specified, the State Food Com- 

 missioner shall certify the facts to the State's Attorney of the 

 county in which such violation occurred, and such State's Attor- 

 ney shall proceed against the party or parties for the, fines and 

 penalties provided by this Act, and also for the abatement of 

 the nuisance : Provided, that the proceedings herein prescribed 



