Commerce (Meat Export) Regulations (Amendment) (Cth)

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STATUTORY RULES.

1951. No. 145.

 

REGULATIONS UNDER THE CUSTOMS ACT 1901-1950 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1950.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1950 and the Commerce (Trade Descriptions) Act 1905-1950.

Dated this thirteenth day of November, 1951.

J. NORTHCOTT

Administrator.

By His Excellency’s Command,

GEORGE McLEAY

for and on behalf of the Minister of State for Commerce and Agriculture and for and on behalf of the Minister of State for Trade and Customs.

 

Amendments of the Commerce (Meat Export) Regulations.

Interpretation.

1. In these Regulations, a reference to a regulation by number shall be read as a reference to the regulation, so numbered, of the Commerce (Meat Export) Regulations, as amended to the date of commencement of these Regulations.

Definitions.

2. Regulation 3 is amended—

(a) by omitting the definition of “Collector”;

(b) by omitting the definition of “Comptroller-General”;

(c) by omitting the definition of “Department”;

(d) by inserting in the definition of “Meat”, after the word “cattle”, the word “, horses”;

(e) by omitting the definition of “Meat product” and inserting in its stead the following definition:—

“‘Meat product’ means food prepared from meat;

(f) by omitting the definition of “Minister”;

(g) by inserting after the definition of “Salt beef” the following definition:—

“‘Salt horse meat’ means horse meat that has been pickled or cured in brine.”; and

 

* Notified in the Commonwealth Gazette on 13th November, 1951.

  Statutory Rules 1923, No. 36, as amended by Statutory Rules 1923, No. 194; 1924, Nos. 127 and 128; 1927, No. 130; 1933, No. 119; 1934, No. 63; 1936, No. 138; 1938, Nos. 1, 31 and 102; 1947, No. 118; 1948, Nos. 27, 99 and 161; 1950, No. 41; and 1951, No. 134.

2396.—Price 5d.

 

(h) by omitting the definition of “the Secretary” and inserting in its stead the following definitions:—

“‘the Department’ means the Department of Commerce and Agriculture.

‘the Minister’ means the Minister of State for Commerce and Agriculture.

‘the Secretary’ means the Secretary of the Department”.

Prohibition of export of certain meat.

3. Regulation 4ais amended by omitting the words “horse flesh and”.

General amendment.

4. Regulations 6, 8, 9, 10 and 11 are amended by omitting the word “Comptroller-General” and inserting in its stead the word “Secretary”.

Requirements to be fulfilled by existing places.

5. Regulation 13 is amended by omitting the word “Comptroller-General” (wherever occurring) and inserting in its stead the word “Secretary”.

Establishments to be kept separate.

6. After regulation 14 the following regulation is inserted:—

“14a. An establishment registered for the slaughtering of animals other than horses and the preparation of meat from those animals shall not be registered for the slaughtering of horses and the preparation of horse meat, but hard frozen horse meat may be stored with other classes of frozen meats in such an establishment.”.

Floor area of compartments and spacing of rails.

7. Regulation 15 is amended—

(a) by inserting in sub-regulation (1), after the word “cattle”, the words “and horse”;

(b) by inserting in sub-regulation (2), after the word “cattle”, the words “and horses”; and

(c) by inserting in sub-regulation (3), after the word “cattle”, the words “and horses”.

Registration of freezing establishments.

8. Regulation 18 is amended by omitting from sub-regulation (2) the word “Comptroller-General” and inserting in its stead the word “Secretary”.

Notice to be given of failure of refrigerating machinery.

9. Regulation 21 is amended by omitting the words “Collector of Customs” and inserting in their stead the words “Veterinary Officer of the Department in the State concerned”.

Rooms for treatment of edible fat and offal.

10. Regulation 22 is amended by omitting from sub-regulation (2) the word “Comptroller-General” and inserting in its stead the word “Secretary”.

Construction of buildings. Killing and dressing rooms.

11. Regulation 23 is amended—

(a) by inserting in sub-regulation (1), after the word “cattle”, the words “and horses”; and

(b) by omitting from sub-regulations (3), (7), (8) and (10) the word “Comptroller-General” and inserting in its stead the word “Secretary”.

Hanging rooms.

12. Regulation 24 is amended—

(a) by inserting in sub-regulation (1), after the word “cattle”, the words “and horses”; and

 

(b) by omitting from sub-regulation (2) the word “Comptroller-General” (wherever occurring) and inserting in its stead the word “Secretary”.

Chilling, freezing and cold storage rooms.

13. Regulation 25 is amended—

(a) by omitting from sub-regulation (1) the word “Comptroller-General” and inserting in its stead the word “Secretary”; and

(b) by inserting in sub-regulation (2), after the word “cattle”, the words “and horses”.

General amendment.

14.—(1) Regulations 26, 27, 32, 33, 34, 35, 37, 39 and 40, are amended by omitting the word “Comptroller-General” and inserting in its stead the word “Secretary”.

(2) Regulations 30, 38, 41 and 42 are amended by omitting the word “Comptroller-General” (wherever occurring) and inserting in its stead the word “Secretary”.

Yards, lairs, pens and ramps.

15. Regulation 44 is amended—

(a) by inserting after sub-regulation (1) the following sub-regulation:—

“(1a) Yards and holding pens shall be provided for horses.”;

(b) by omitting from sub-regulation (2) the word “Comptroller-General” and inserting in its stead the word “Secretary”; and

(c) by inserting in sub-regulation (3), after the word “cattle” the words “and horses”.

Ramps and construction thereof.

16. Regulation 45 is amended by omitting the word “Comptroller-General” and inserting in its stead the word “Secretary”.

Provision for ante mortem inspection.

17. Regulation 46 is amended by inserting after the word “cattle” the words “and horses”.

Floor area of yards, holding pens and slaughter pens.

18. Regulation 47 is amended by inserting in sub-regulation (1), after the word “cattle”, the words “and horses”.

Partitions between pens. Gates between slaughter pens and slaughter board.

19. Regulation 48 is amended by omitting the word “Comptroller-General” and inserting in its stead the word “Secretary”.

Secretary may permit use of alternative methods or materials.

20. Regulation 49 is amended by omitting the word “Comptroller-General” (wherever occurring) and inserting in its stead the word “Secretary”.

Supervision and inspection.

21. Regulation 50 is amended—

(a) by omitting from sub-regulation (4) the word “Comptroller-General” and inserting in its stead the word “Secretary”; and

(b) by inserting after sub-regulation (5) the following sub-regulation:—

“(6) All horses shall be killed by means of a humane killer or captive bolt pistol.”.

22. Regulation 62 is repealed and the following regulation inserted in its stead:—

Carcass beef and horse meat to be sawn.

“62. Frozen quarters or pieces of beef or horse meat with respective parts of the spinal column attached shall not be exported unless the spinal column has previously been divided by a saw.”.

General amendment.

23. Regulations 63, 67, 70 and 71 are amended by omitting the word “Comptroller-General” and inserting in its stead the word “Secretary”.

Preparation of edible fat.

24. Regulation 72 is amended by omitting from sub-regulation (4) the words and letters “Forms F, G, H, or J” and inserting in their stead the word and letter “Form F”.

Preparation of bacon and ham.

25. Regulation 73 is amended by omitting the word “Comptroller-General” and inserting in its stead the word “Secretary”.

Packing of bacon and ham.

26. Regulation 74 is amended by omitting the word “Comptroller-General” (wherever occurring) and inserting in its stead the word “Secretary”.

General amendment.

27. Regulations 77, 78, 79 and 80 are amended by omitting the word “Comptroller-General” and inserting in its stead the word “Secretary”.

28. Regulation 81 is repealed and the following regulation inserted in its stead:—

Inspector’s certificate to be attached.

“81.—(1) Subject to sub-regulations (2) and (3) of this regulation, an inspection tag bearing—

(a) the Commonwealth Coat of Arms;

(b) the words ‘Commonwealth of Australia’;

(c) the name of the State in which the meat was treated;

(d) the words ‘Inspected and Passed for Export—Commonwealth Meat Inspector’; and

(e) a facsimile of the signature of the inspector,

shall be attached to all meat other than the meat of rabbits and hares and poultry passed for freezing for export.

“(2) When edible offal or meat is packed in cartons, cases, cans or casks, the inspection legend and signature shall be applied to the outside container by means of a rubber stamp.

“(3) In the case of edible offal packed in bags, one inspection tag shall be included in the package and one inspection tag shall be attached securely to the outside container.”.

29. Regulation 82 is repealed and the following regulation inserted in its stead:—

Approved for export stamp.

“82. All outer containers of frozen rabbits, frozen hares, frozen rabbit and hare meat and frozen poultry intended for export shall be stamped with a stamp in accordance with the following design:—

Certification of lamb, hogget, and mutton.

30. Regulation 82ais amended—

(a) by omitting from sub-regulation (1.) the word “teg” and inserting in its stead the word “hogget”;

(b) by omitting from sub-regulation (3.) the word “teg” and inserting in its stead the word “hogget”;

(c) by omitting from that sub-regulation the word “Teg” and inserting in its stead the word “Hogget”;

(d) by omitting sub-paragraphs (ii) and (iii) of paragraph (b) of sub-regulation (10.) and inserting in their stead the following sub-paragraphs:—

“(ii) the words ‘Commonwealth of Australia’;

(iii) the words ‘Inspected and Passed for Export—Commonwealth Meat Inspector’;”;

(e) by inserting in sub-paragraph (i) of paragraph (c) of that sub-regulation, after the word “exporter”, the words “and the word ‘Australia’”; and

(f) by omitting paragraph (d) of that sub-regulation and inserting in its stead the following paragraph:—

“(d)the particulars referred to in sub-paragraphs (i), (ii), (iii), (iv) and (vi) of paragraph (b)of this sub-regulation appearing on the tag shall be printed lengthwise;”.

Certification of beef, veal and offal.

31. Regulation 82bis amended—

(a) by omitting sub-paragraphs (ii) and (iii) of paragraph (b) of sub-regulation (12.) and inserting in their stead the following sub-paragraphs:—

“(ii) the words ‘Commonwealth of Australia’;

(iii) the words ‘Inspected and Passed for Export—Commonwealth Meat Inspector’;”;

(c) by inserting in sub-paragraph (i) of paragraph (c) of that sub-regulation, after the word “exporter”, the words “and the word ‘Australia’”; and

(d) by omitting paragraph (d) of that sub-regulation and inserting in its stead the following paragraph:—

“(d)the particulars referred to in sub-paragraphs (i), (ii), (iii), (iv) and (vi) of paragraph (b)of this sub-regulation appearing on the tag shall be printed lengthwise.”.

Certification of horse meat.

32. After regulation 82bthe following regulation is inserted:—

“82c.—(1.) The prescribed tag shall be attached to each quarter or piece of frozen horse meat.

“(2.) For the purposes of this regulation, a prescribed tag shall comply with the following provisions:—

(a) The tag shall be not less than 1½ inches nor more than 1¾ inches wide and not less than 3¼ inches not more than 3¾ inches long;

 

(b) on one side of the tag there shall be set out—

(i) the Commonwealth Coat of Arms;

(ii) the words ‘Commonwealth of Australia’;

(iii) the words ‘Inspected and Passed for Export—Commonwealth Meat Inspector’;

(iv) a facsimile of the signature of the inspector;

(v) a cypher mark denoting the month of slaughter; and

(vi) the name of the State in which the meat was treated;

(c) on the reverse side of the tag shall be set out—

(i) the name or registered brand of the operator or proprietor of a registered establishment or the exporter, and the word ‘Australia’; and

(ii) the word ‘Horsemeat’ in letters of at least one half-inch;

(d) the particulars referred to in sub-paragraphs (i), (ii), (iii), (iv) and (vi) of paragraph (b)of this sub-regulation appearing on the tag shall be printed lengthwise; and

(e) the colour of the tag shall be white with printing in black.”.

Trade description to be applied.

33. Regulation 85 is amended—

(a) by omitting from paragraph (a) the words “or stags or rams” and inserting in their stead the words “, horses, stags or rams”;

(b) by omitting from sub-paragraph (iii) of that paragraph the word “and” (last occurring);

(c) by inserting after sub-paragraph (iii) of that paragraph the following sub-paragraphs:—

“(iv) in the case of horse meat, the word ‘horse’prominently applied in some indelible colour in three-quarter inch letters in a circle at least two inches in diameter to each piece of meat; and

(v) in the case of frozen or salt horse meat, the words horse meat’ prominently applied to the outside covering in block letters at least six inches high.”;

(d) by omitting from paragraph (b) the word “Comptroller-General” and inserting in its stead the word “Secretary”; and

(e) by inserting after paragraph (b) the following paragraph:—

“(c) The colour of the markings of the trade description on the outside covering of horse meat shall be black and in addition the outer covering of frozen horse meat shall be marked with two black bands each two inches wide, one placed vertically and one horizontally around the covering.”.

Export permits.

34. Regulation 91 is amended—

(a) by inserting in sub-regulation (2.), after the word “officer”, the words “of Customs”; and

(b) by omitting sub-regulation (3.).

35. Regulation 92 is repealed and the following regulation inserted in its stead:—

Local consumption.

“92.—(1) Subject to the next succeeding sub-regulation and to regulation 100 of these Regulations, where goods mentioned in these Regulations, other than horsemeat, have been examined or marked by an inspector for export, the Secretary may permit those goods to be removed from a registered establishment for consumption within the Commonwealth if—

(a) official marks, other than those of a permanent nature, are removed from those goods; and

(b) official documents, issued in connexion with those goods, are returned to the Secretary for cancellation.

“(2) These Regulations shall not affect the law of any State requiring the approval of a specified authority to the disposal or removal of horse meat for purposes other than for export.”.

Certificates by Inspectors.

36. Regulation 93 is amended—

(a) by omitting from sub-regulation (1) the word and letters “G, H or J” and inserting in their stead the word, letter and figure “or F.6”; and

(b) by omitting from sub-regulation (2) the word “Collector” and inserting in its stead the word “Secretary”.

General amendment.

37. Regulations 94 and 98 are amended by omitting the word “Comptroller-General” and inserting in its stead the word “Secretary”.

Certificate of analysis.

38. Regulation 106 is amended—

(a) by omitting the words “Collector of Customs” and inserting in their stead the word “Secretary”; and

(b) by omitting the word “Customs” (wherever occurring) and inserting in its stead the word “Secretary”.

First Schedule.

39. The First Schedule to the Commerce (Meat Export) Regulations is amended—

(a) by omitting from Form A the words “To the Comptroller-General of Customs, Department of Trade and Customs, Melbourne.” and inserting in their stead the words “The Secretary, Department of Commerce and Agriculture.”;

(b) by omitting from that Form the words “also a cheque for the sum of £1 1s. 0d. (One pound one shilling) being prescribed fee”;

(c) by omitting from that Form the word “Comptroller-General”and inserting in its stead the word “Secretary”;

(d) by omitting from Form B the words “Department of Trade and Customs, Melbourne.” and inserting in their stead the words “Department of Commerce and Agriculture.”;

(e) by omitting from that Form the words “Melbourne, in the State of Victoria” and inserting in their stead the word “Canberra”;

(f) by omitting from that Form the word “ Comptroller-General.” and inserting in its stead the word “Secretary.”;

(g) by omitting from Form C the words “To the Comptroller-General of Customs, Department of Trade and Customs, Melbourne.”, and inserting in their stead the words “To the Secretary, Department of Commerce and Agriculture.”;

 

(h) by omitting from that Form the words “I forward herewith a cheque for the sum of £1 1s. 0d. (One pound one shilling) being prescribed fee in respect of this application”;

(i) by omitting from that Form the word “Comptroller-General” and inserting in its stead the word “Secretary”;

(j) by omitting from Form D the words “Officer of Customs” and inserting in their stead the words “Officer of Department of Commerce and Agriculture”;

(k) by omitting from Form E the words “Department of Trade and Customs.” and inserting in their stead the words “Department of Commerce and Agriculture.”;

(l) by omitting from Form F the words “Department of Trade and Customs.” and inserting in their stead the words “Department of Commerce and Agriculture.”;

(m) by omitting from Forms F1, F2 and F3 the words “Department of Commerce.” and inserting in their stead the words “Department of Commerce and Agriculture.”

(n) by inserting after Form F5 the following form:—

Form F.6. Regulation 93.

Certificate No.

Commonwealth of Australia.

Commerce (Meat Export) Regulations.

department of commerce and agriculture.

 

OFFICIAL CERTIFICATE FOR ANIMAL CASINGS.

Place Date

(City) (Country)

Ihereby certify that the animal casings herein described were derived from healthy animals (cattle, sheep, swine or goats), which received ante-mortem and post-mortemveterinary inspections at the time of slaughter, are clean and sound, and were prepared and handled only in a sanitary manner and were not subjected to contagion prior to exportation. The undermentioned casings were taken from animals in a section of the country in which anthrax is not prevalent and neither foot and mouth disease nor rinderpest exists:—

kind of casings. number of packages. weight.

Tons. Cwt. Qrs. Lbs.

Identification marks on the packages

Consignor Address

Consignee Destination

Shipping marks

Shipped per SS. on 19

(Signature) (Signature)

(Official issuing the certificate)

(Official of the National Government having jurisdiction over the health of animals in the country in which the casings originated)

(Official title) (Official title) ;

(o) by omitting Forms G, H and J; and

(p) by omitting from Form K the words—

“To the Collector of Customs

Port of

State of”

and inserting in their stead the words “To the Secretary, Department of Commerce and Agriculture.”;

(q) by omitting from that Form the words “The Comptroller-General” and “Comptroller-General” and inserting in their stead the word “Secretary”; and

(r) by omitting from that Form the words “Collector of Customs” and “Collector” and inserting in their respective stead the words “Veterinary Officer”.

Second Schedule.

40. The Second Schedule to the Commerce (Meat Export) Regulations is amended—

(a) by omitting the word “Teg” and inserting in its stead the word “Hogget”;

(b) by omitting the word “Tegs” and inserting in its stead the word “Hoggets”; and

(c) by omitting from the third column the words and figures “under 40 lb.”, “40-48” and “49-56” (wherever occurring) and inserting in their stead the words and figures “under 41 lb.”, “41-50” and “51-56” respectively.

Third Schedule.

41. The Third Schedule to the Commerce (Meat Export) Regulations is amended—

(a) by omitting the word “Teg” and inserting in its stead the word “Hogget”;

(b) by omitting the word “Tegs” and inserting in its stead the word “Hoggets”; and

(c) by omitting from the third column the words and figures “under 40 lb.”, “40-48” and “49-56” (wherever occurring) and inserting in their stead the words and figures “under 41 lb.”, “41-50” and “51-56” respectively.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

2396.—2

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