Citrus Industry Regulations 1992 (SA)
South Australia
Citrus Industry Regulations 1992
under the Citrus Industry Act 1991
Contents
Part 1—Preliminary
Short title
Interpretation
Commonwealth Export Control Orders
Volume retailers
Part 2—Registration
Application for registration
Application for renewal of registration
Requirements for registration as packer
Appeals
Application by grower for permit to sell by retail
Part 3—Miscellaneous
Preparation and packing of citrus fruit
Citrus forwarding advice
Offence to offer unprepared or substandard fruit for sale by retail
Offence to offer unprepared, substandard or improperly packed fruit for non-retail sale
Maintenance of premises and equipment of packer
Storage and handling of contaminants and toxic substances by packer
False marks
False or misleading statements
Inspector to take sample on request
Determination of maturity of citrus fruit
Fees
Interest on unpaid contributions
Schedule 1—Modification of Commonwealth Export Control Orders
Part 1—Preliminary
Interpretation
Citrus fruit
Part 2—Structural, operational and hygiene requirements
General design and construction
Cleaning of establishment
Cleaning equipment
Part 3—Classification
Classification
Manner of degreening
Part 4—Packing
Minimum size for packing
Part 5—Labelling
Trade description to be applied to bulk consignments
Information to be included in trade description
Schedule 2—Citrus forwarding advice
Schedule 3—Procedure to determine maturity of citrus fruit
Schedule 4—Forms
Schedule 5—Fees
Legislative history
Appendix—Divisional penalties and expiation fees
Part 1—Preliminary
1—Short title
These regulations may be cited as the Citrus Industry Regulations 1992.
2—Interpretation
In these regulations, unless the contrary intention appears—
the Act means the Citrus Industry Act 1991;
bulk consignment, in relation to citrus fruit, means a quantity of citrus fruit in packages enclosed within a larger container for transportation or storage;
Commonwealth Export Control Orders means the Export Control (Fresh Fruits and Vegetables) Orders, made in accordance with the Export Control Act 1982 of the Commonwealth and the regulations under that Act, as amended from time to time;
establishment means premises in which citrus fruit is prepared, packed or stored by a packer;
false mark means any mark or description relating to citrus fruit that is likely to mislead in a material respect.
Subject to subregulation (3), where an expression—
(a)used in these regulations; or
(b)used in a provision of the Commonwealth Export Control Orders incorporated by these regulations,
is not defined in the Act or in these regulations, the expression has, for the purposes of these regulations, the meaning (if any) assigned by the Commonwealth Export Control Orders.
Where an expression is assigned a meaning in both Schedule 1 and Schedule 13 of the Commonwealth Export Control Orders, the expression has for the purposes of these regulations the meaning assigned in Schedule 13 of those Orders.
Note—
For definition of divisional penalties (and divisional expiation fees) see Appendix.
3—Commonwealth Export Control Orders
Pursuant to section 37(7) of the Act—
(a)a Minister of the Commonwealth is a prescribed body in relation to the publication of Commonwealth Export Control Orders; and
(b)those provisions of the Commonwealth Export Control Orders (as amended from time to time) specified in these regulations are incorporated subject to any modifications expressed in these regulations.
Where a provision of the Commonwealth Export Control Orders is incorporated by these regulations, any other provision of those Orders that is incorporated into, or referred to in, that provision is also incorporated by these regulations to the extent necessary to give effect to that provision, subject to the Act and these regulations.
A copy of the Commonwealth Export Control Orders must be kept available for inspection by members of the public, without charge and during normal office hours, at the offices of the Board.
4—Volume retailers
For the purposes of the definition of volume retailer in section 3 of the Act—
(a)the prescribed period is 12 months ending on 30 April in each year; and
(b)the prescribed quantity for that period is 10 000 30 litre cartons of citrus fruit (or equivalent).
Part 2—Registration
5—Application for registration
An application for registration under section 25(1) of the Act must be in the form in Schedule 4 of these regulations specified for that purpose and must provide the information required by that form.
6—Application for renewal of registration
An application for the renewal of registration under section 25(6) of the Act must be in the form in Schedule 4 of these regulations specified for that purpose and must provide the information required by that form.
7—Requirements for registration as packer
Where a person applies for registration as a packer—
(a)the premises, facilities and equipment of the applicant must comply with orders 11 and 12 of the Commonwealth Export Control Orders, as modified by Schedule 1 of these regulations; and
(b)the premises of the applicant must be so constructed as to provide for the storage and handling of sources of contamination and toxic substances in accordance with orders 18 and 19 of the Commonwealth Export Control Orders when the premises are being used for the preparation and packing of citrus fruit.
8—Appeals
An appeal pursuant to section 27 of the Act may be instituted by lodging in a court of summary jurisdiction a notice of appeal in the form specified for that purpose in Schedule 4 of these regulations.
An appeal must be instituted within one month after notice of the decision of the Board appealed against is served on the appellant in accordance with the Act, but the court of summary jurisdiction may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the appeal should be lodged within that time.
The appellant must, within seven days of lodging a notice of appeal in accordance with this regulation, serve a copy of the notice on the Board either personally or by post.
The fees payable on lodgement of a notice of appeal under this regulation and for subsequent proceedings in the court of summary jurisdiction are as specified under the Justices Act 1921 for an application to, and subsequent proceedings in, the court.
9—Application by grower for permit to sell by retail
An application by a registered grower under section 31(1) of the Act for a permit to sell by retail citrus fruit grown by that registered grower must be in the form in Schedule 4 of these regulations specified for that purpose.
Part 3—Miscellaneous
10—Preparation and packing of citrus fruit
For the purposes of section 30 of the Act, citrus fruit must be prepared and packed in accordance with this regulation.
Prior to packing, citrus fruit must be—
(a)washed clean, treated with a fungicide suitable for the treatment of citrus fruit and waxed (in that order); and
(b)classified in accordance with clause 4 of Schedule 13 of the Commonwealth Export Control Orders as modified by Schedule 1 of these regulations; and
(c)graded by size in accordance with clause 6.1 of Schedule 13 of the Commonwealth Export Control Orders.
Citrus fruit must be packed in accordance with—
(a)clauses 6, 7, 8, 9, 10, 11 and 12 of Schedule 13 of the Commonwealth Export Control Orders; and
(b)clauses 8 and 9 of Schedule 1 of the Commonwealth Export Control Orders,
as modified by Schedule 1 of these regulations.
Packages in which citrus fruit is packed and bulk consignments of citrus fruit must be marked or labelled with a trade description of their contents in accordance with—
(a)clauses 13, 14 and 15 of Schedule 13 of the Commonwealth Export Control Orders; and
(b)clauses 10 and 11 of Schedule 1 of the Commonwealth Export Control Orders,
as modified by Schedule 1 of these regulations.
Subregulations (2), (3) and (4) do not apply to the preparation and packing of citrus fruit for sale to a processor, as to which there are no requirements for the purposes of section 30 of the Act.
11—Citrus forwarding advice
A registered packer must, before—
(a)removing, or causing or permitting to be removed, citrus fruit from the premises of the packer; or
(b)delivering, or causing or permitting to be delivered, citrus fruit to a carrier or to any other person,
prepare a citrus forwarding advice in accordance with this regulation.
A citrus forwarding advice must comply with the requirements specified in Schedule 2 of these regulations.
Where a citrus forwarding advice is required to be prepared under subregulation (1), the packer must—
(a)deliver one copy of the advice to the carrier of the citrus fruit before the fruit is removed or delivered; and
(b)deliver one copy of the advice to the consignee of the citrus fruit; and
(c)where the consignee is a registered wholesaler or registered volume retailer, deliver one copy of the advice (with the additional information required by clause 2 of Schedule 2 of these regulations) to the Board within 3 days from the day on which the advice is required to be prepared.
The packer must retain a copy of the citrus forwarding advice (with the additional information referred to in subregulation (3)(c), where applicable) for not less than 12 months from the day on which the advice is required to be prepared.
A registered packer who does not comply with the requirements of this regulation is guilty of an offence.
Penalty: Division 9 fine.
12—Offence to offer unprepared or substandard fruit for sale by retail
A person must not offer citrus fruit for sale by retail except in accordance with this regulation.
Penalty: Division 10 fine.
The citrus fruit offered for sale must—
(a)have been prepared in accordance with regulation 10; and
(b)satisfy the minimum requirements as to quality, colouring and maturity specified in clauses 3.1, 3.3 and 3.4 of Schedule 13 of the Commonwealth Export Control Orders (as modified by Schedule 1 of these regulations).
Where the citrus fruit is offered for sale as fruit of a class specified in clause 4 of Schedule 13 of the Commonwealth Export Control Orders, it must—
(a)comply with subregulation (2); and
(b)satisfy the requirements of clause 4 (as modified by Schedule 1 of these regulations) as to fruit of that class.
Where the citrus fruit is offered for sale packed, it must—
(a)comply with subregulations (2) and (3); and
(b)be packed and marked or labelled in accordance with regulation 10.
This regulation does not apply to the retail sale of citrus fruit by a registered grower in accordance with a permit issued under section 31 of the Act.
13—Offence to offer unprepared, substandard or improperly packed fruit for non-retail sale
Subject to subregulation (2), a person must not offer citrus fruit for sale (other than by retail) unless the fruit—
(a)has been prepared in accordance with regulation 10; and
(b)satisfies the minimum requirements as to quality, colouring and maturity specified in clauses 3.1, 3.3 and 3.4 of Schedule 13 of the Commonwealth Export Control Orders (as modified by Schedule 1 of these regulations); and
(c)satisfies the requirements of clause 4 of Schedule 13 of the Commonwealth Export Control Orders (as modified by Schedule 1 of these regulations) as to fruit of the class offered; and
(d)is packed and marked or labelled in accordance with regulation 10.
Penalty: Division 8 fine.
Subregulation (1) does not apply to offering citrus fruit for sale—
(a)to a registered packer or a registered processor; or
(b)to a person outside this State.
14—Maintenance of premises and equipment of packer
A packer must not prepare, pack or store citrus fruit unless—
(a)the premises in which the fruit is prepared, packed or stored; and
(b)the equipment used for that purpose,
are cleaned, maintained and operated in accordance with orders 11, 12, 14, 15, 16, 17, 20 and 22 of the Commonwealth Export Control Orders as modified by Schedule 1 of these regulations.
Penalty: Division 8 fine.
15—Storage and handling of contaminants and toxic substances by packer
A packer must comply with the requirements of orders 18 and 19 of the Commonwealth Export Control Orders as to the storage and handling of sources of contamination and toxic substances.
Penalty: Division 8 fine.
16—False marks
It is an offence for a person—
(a)to mark or label a package or bulk consignment of citrus fruit with a false mark; or
(b)to alter a mark or label on a package or bulk consignment of citrus fruit so as to make it a false mark; or
(c)to offer for sale or to transport citrus fruit in a package or bulk consignment that is marked or labelled with a false mark.
Penalty: Division 8 fine.
17—False or misleading statements
A person—
(a)who, in a document required by or for the purposes of the Act or these regulations, makes, or authorises or permits the making of, a statement that to his or her knowledge is false or misleading in a material particular; or
(b)who knowingly furnishes such a document to the Board or an inspector or other person acting in the administration of the Act or these regulations,
is guilty of an offence.
Penalty: Division 8 fine.
18—Inspector to take sample on request
Where an inspector exercises a power under section 33(1)(e), (f) or (g) of the Act in relation to an offence or suspected offence against the Act or these regulations involving the maturity of citrus fruit, the owner or the person in charge of the fruit at that time may request that a sample be submitted for testing.
Where such a request is made at the time of the exercise of the power by the inspector, the inspector must take a representative sample of the fruit in the presence of the person making the request and must, as soon as is practicable, submit that sample for testing.
Nothing in this regulation prevents the continued exercise of the powers of the inspector under the Act notwithstanding such a request and before the results of such a test are known.
19—Determination of maturity of citrus fruit
For the purposes of these regulations, the maturity of citrus fruit must be determined in accordance with the procedure specified in Schedule 3 of these regulations.
20—Fees
The fees prescribed in Schedule 5 of these regulations are payable to the Board for the purposes specified in that Schedule.
21—Interest on unpaid contributions
If an amount payable by a registered person by way of contribution required by the Board under section 21 of the Act remains unpaid for 30 days or more after the date on which the amount became payable, the registered person is liable to pay the Board interest at the prescribed rate on the outstanding amount.
In this regulation—
prescribed rate of interest means the published indicator rate for prime corporate lending of the Commonwealth Bank of Australia at the commencement of the month in which the liability to pay the interest first arises plus 2%.
Schedule 1—Modification of Commonwealth Export Control Orders
Part 1—Preliminary
1—Interpretation
For the purposes of these regulations—
(a)a reference in the Commonwealth Export Control Orders to prescribed goods must be read as a reference to citrus fruit;
(b)a reference in the Commonwealth Export Control Orders to a registered establishment must be read as a reference to an establishment.
2—Citrus fruit
For the purposes of these regulations, clause 1 of Schedule 13 of the Commonwealth Export Control Orders must be read as if all words after "This Schedule applies to" were struck out and the words "citrus fruit" were substituted.
Part 2—Structural, operational and hygiene requirements
3—General design and construction
For the purposes of these regulations, order 11 of the Commonwealth Export Control Orders must be read as if all words preceding paragraph (a) were struck out and the following words were substituted:
"An establishment in which citrus fruit is prepared, packed or stored must be designed and constructed to permit those operations to be carried out efficiently, effectively and hygienically, and in particular to—".
4—Cleaning of establishment
For the purposes of these regulations, order 15 of the Commonwealth Export Control Orders must be read as if the words "and at such other times as the Secretary may consider necessary" were struck out.
5—Cleaning equipment
For the purposes of these regulations, order 16 of the Commonwealth Export Control Orders must be read as if the words", or at such other times as an authorised officer considers necessary" were struck out.
Part 3—Classification
6—Classification
For the purposes of these regulations, clause 4 of Schedule 13 of the Commonwealth Export Control Orders must be read as if—
(a)the words "which satisfy the minimum requirements specified in clause 3, and" were struck out from clause 4.4; and
(b)the following clause were inserted after clause 4.4:
4.5Citrus fruit must not be classified as Extra Class, Class 1 or Class 2 unless, in addition to satisfying the requirements of this clause in relation to fruit of the particular class—
(a)it satisfies the minimum requirements as to quality, colouring and maturity specified in subclauses 3.1, 3.3, and 3.4; and
(b)it complies with order 25.
7—Manner of degreening
For the purposes of these regulations, clause 3.3(c) of Schedule 13 of the Commonwealth Export Control Orders must be read as if the words ", in a manner approved by the Secretary," were struck out.
Part 4—Packing
8—Minimum size for packing
For the purposes of these regulations, clause 6.3 of Schedule 13 of the Commonwealth Export Control Orders must be read as if the words "submitted for export" were struck out and the words "that may be packed" were substituted.
Part 5—Labelling
9—Trade description to be applied to bulk consignments
For the purposes of these regulations, clause 14 of Schedule 13 of the Commonwealth Export Control Orders must be read as if all words after "Bulk consignments" were struck out and the following words were substituted:
"must, in addition to any trade description marked on packages within the consignment, also have a trade description marked on, or securely attached by label or tag to, the outside of the consignment.".
10—Information to be included in trade description
For the purposes of these regulations—
(a)clause 11 of Schedule 1 of the Commonwealth Export Control Orders must be read as if paragraphs (a), (b) and (c) were struck out and the following paragraphs were substituted:
(a)the name of the packer, or the registered business name or brand name registered under a law of this State or of another State or a Territory of the Commonwealth;
(b)the address of the packing establishment;;
(b)clause 15 of Schedule 13 of the Commonwealth Export Control Orders must be read as if—
(i)the following clause were inserted after clause 15.1:
15.1AWhere citrus fruit is packed in transparent or loose mesh bags or in other non-rigid packages that are sealed for sale in that form by retail, the trade description may contain the MASS of the fruit instead of the COUNT and SIZE RANGE required by paragraph 15.1(b).; and
(ii)the words "where permitted by the country to which the fruits will be exported," were struck out from clause 15.2.
Schedule 2—Citrus forwarding advice
(Regulation 11)
A citrus forwarding advice must contain the following information:
(a)the name, address and telephone number of the packer (consignor); and
(b)where the consignee is a registered wholesaler, registered volume retailer or registered processor—the consignee's order number for the fruit to which the advice relates; and
(c)the type of fruit; and
(d)the variety of fruit; and
(e)the class of fruit; and
(f)the type of package; and
(g)the number of packages and the count and size range, or the mass, of citrus fruit that each package contains; and
(h)the date of consignment; and
(i)any additional information necessary to identify the consignment of citrus fruit to which the advice relates.
A citrus forwarding advice required to be delivered to the Board under regulation 11(3)(c) must also contain the price payable by the consignee for each item listed on the advice.
A citrus forwarding advice must have a distinguishing number and must be signed by the registered packer.
Schedule 3—Procedure to determine maturity of citrus fruit
(Regulation 19)
To determine the maturity of citrus fruit, the following steps should be taken:
(a)take ten pieces of citrus fruit at random from among the citrus fruit that is to be tested. Weigh the fruit (W1); and
(b)divide each piece of citrus fruit into halves. Do not leave the cut fruit for too long before taking the next step; and
(c)extract the juice in the citrus halves by hand press or conical citrus reamer. Strain (through a test sieve having a nominal aperture of 600 micrometres as specified in Australian Standard 1152-1973), collect and weigh the juice (W2); and
(d)determine the acidity of the juice so obtained by titrating 10 millilitres of the juice with a 0.1 Molar sodium hydroxide solution with phenolphthalein as the indicator. The quantity in millilitres of the 0.1 Molar sodium hydroxide solution required to neutralise the juice is multiplied by 0.064 to give the acidity determination; and
(e)allow the remainder of the juice to stand for five minutes. Determine the temperature of the juice with a Celsius thermometer. Determine the soluble solids content of the juice with a Brix scale hydrometer standardised to 20°C. The result obtained is corrected to 20°C in accordance with the Brix scale hydrometer table; and
(f)determine the percentage of juice using the formula
Schedule 4—Forms
Schedule 5—Fees
(Regulation 20)
| 1 | On application for registration as a packer, processor, wholesaler or volume retailer (section 25(2)) | $50 |
| 2 | On application for registration as a grower (section 25(2)) | no fee |
| 3 | On application for renewal of registration as a packer, processor, wholesaler or volume retailer (section 25(6)) | $50 |
| 4 | On application for renewal of registration as a grower (section 25(6)) | no fee |
| 5 | On application for a grower's permit to sell by retail (section 31(2)) | $5 per day for each day of selling ($10 if for one day only) |
Legislative history
Notes
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Revocation of regulations
The Citrus Industry Regulations 1992 were revoked by Sch 1 cl 1 of the Citrus Industry Regulations 2005 on 27.10.2005.
Principal regulations and variations
| Year | No | Reference | Commencement |
| 1992 | 9 | Gazette 13.2.1992 p447 | 13.2.1992 |
| 1994 | 78 | Gazette 9.6.1994 p1713 | 9.6.1994: r 2 |
Provisions varied
| Provision | How varied | Commencement |
| r 21 | inserted by 78/1994 r 3 | 9.6.1994 |
Appendix—Divisional penalties and expiation fees
At the date of publication of this reprint divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:
| Division | Maximum imprisonment | Maximum fine | Expiation fee |
| 1 | 15 years | $60 000 | — |
| 2 | 10 years | $40 000 | — |
| 3 | 7 years | $30 000 | — |
| 4 | 4 years | $15 000 | — |
| 5 | 2 years | $8 000 | — |
| 6 | 1 year | $4 000 | $300 |
| 7 | 6 months | $2 000 | $200 |
| 8 | 3 months | $1 000 | $150 |
| 9 | – | $500 | $100 |
| 10 | – | $200 | $75 |
| 11 | – | $100 | $50 |
| 12 | – | $50 | $25 |
Note: This appendix is provided for convenience of reference only.
0
0
0