Commerce Regulations 1910 (Cth)

STATUTORY RULES.

1910. No. 17.

 

REGULATIONS UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations, under the Commerce (Trade Descriptions) Act 1905, to come into operation on the first day of April, One thousand nine hundred and ten.

Dated this 11th day of February, One thousand nine hundred and ten.

DUDLEY,

Governor-General.

By His Excellency’s Command,

R. W. BEST.

 

PART I.—INTRODUCTORY.

Short Title.

1.These regulations may be cited as the Commerce Regulations 1910.

Repeal.

1a. (1) Regulation 2 of the Commerce Regulations 1906 (Statutory Rules 1906, No. 84) is amended by the omission of the following words:—

“Part II.—Trade Descriptions of Imports.”

(2) Regulation 3 of the Commerce Regulations 1906 (Statutory Rules 1906, No. 84) is amended by the omission of the following words:—

“‘Manures’ includes all articles for use as fertilizers of the soil, except farm-yard or stable manures, and crude materials for the manufacture of manures.”

(3) Part II. of the Commerce Regulations 1906 (Statutory Rules 1906, No. 84) is hereby repealed.

(4) Statutory Rules 1908, No. 127, being a provisional Regulation under the Commerce (Trade Descriptions) Act 1905, is hereby repealed.

Parts.

2.These regulations are divided into Parts, as follows:—

Part I.—Introductory.

Part II.—Trade Descriptions of Imports.

Definitions.

3.In these regulations, unless the contrary intention appears—

“Coverings” means all the principal coverings in which goods are contained, and in which such goods are usually sold wholesale or retail.

3(continued)—

“Disease,” in relation to fruit, plants, seeds, maize, or potatoes means any abnormal condition of or in such goods, whether consisting of the presence of, or caused by or due to the operations, development, growth, or decay of, any insect or fungus, and also, in relation to fruit, includes the condition known as “Bitter Pit.”

“Food” and “drink” include every article used as food or drink by man other than drugs and water.

“Gold-plated” and “gilt” mean coated with gold by the electric process, or by any other process which results in a covering of gold of a quality and thickness other than that defined for rolled gold or gold-cased goods.

“Leather” means leather intended for or usually employed in the manufacture of boots, shoes, and other apparel.

“Manures” includes all substances intended for or commonly used as fertilizers of the soil, except farm-yard or stable manures and crude materials for the manufacture of manures.

“Plants” includes every part of any plant (except the seed) intended for planting or purposes of propagation.

“Rolled gold” and “gold-cased” mean material consisting of a base metal covered by mechanical means with a shell or covering of gold of such quality and thickness as will effectively protect the underlying base metal from the action of pure nitric acid.

“Sole” in relation to boots and shoes means all that part of the boot or shoe which in use is under the foot of the wearer, except only the thin slip of leather, paper, or the like, which is affixed to the upper surface of the inner sole.

“Sound” and “Soundness” have relation to freedom from disease, damage, or decay.

Ships’ Stores.

4.These regulations shall not apply to ships’ stores brought to or shipped in Australia.

PART II.—TRADE DESCRIPTIONS OF IMPORTS.

Conditional Prohibition of Certain Imports.

5.The importation of the goods enumerated in the next succeeding regulation is prohibited unless there is applied to such goods a trade description in accordance with this Part.

Imports to which a Trade Description must be applied.

6.The goods to which the foregoing regulation applies are as follow:—

(a) Articles used for food or drink by man, or used in the manufacture or preparation of articles used for food or drink by man;

(b) Medicines or medicinal preparations for internal or external use;

(c) Manures;

(d) Apparel (including boots and shoes), and the materials from which apparel is manufactured;

(e) Jewellery;

(f) Agricultural Seeds; and Plants.

Trade Description—General Requirements.

7.The trade description to be applied in accordance with this Part shall comply with the following provisions:—

(a) It shall be in the form of a principal label or brand affixed in a prominent position and in as permanent a manner as practicable to the goods, or where affixture to the goods is impracticable, to the coverings containing the goods; and

(b) It shall contain in prominent and legible characters a true description of the goods, and the name of the country or place in which the goods were made or produced; and

(c) In cases where any weight or quantity is set out, it shall specify whether the weight or quantity so set out is gross or net.

Trade Description—Additional Requirements in Certain Cases.

8.In the case of the following goods, the trade description shall, in addition, comply with the following provisions:—

(a) In the case of articles used as food or drink by man, or used in the preparation of articles used as food or drink by man, and containing any deleterious or preservative substance, the trade description shall include a statement setting forth that the articles contain the deleterious or preservative substance, and in the case of preservative substances, the amount thereof per pint or pound weight of the goods.

(b) In the case of foods for infants, if the food is not suitable for general use for infants under the age of six months, the trade description shall include, in legible characters and conspicuously displayed, the following words, namely, “Not suitable for Infants under the age of Six Months.”

(c) In the case of milk, the trade description shall describe the milk as Condensed Milk, Concentrated Milk, Dried Milk, or Condensed Skimmed Milk, as the case requires.

(d) In the case of fruit, fresh or dried, the trade description shall set out its condition as to cleanness and freedom from disease.

(e)In the case of medicines and medicinal preparations prepared ready for internal use, and containing more than 17.5 per cent, by volume of proof spirit (equivalent to 10 per cent. by volume of ethyl alcohol) the trade description shall include a statement setting out the percentage, by volume, of proof spirit contained in the goods.

(f) In the case of medicines and medicinal preparations for internal or external use, if the goods contain any of the following drugs, or the active principles, salts, compounds, derivatives, or preparations thereof, viz :—

Bromides, iodides, chloral, chloretone, dionin, dormiol, paraldehyde, heroin, sulphonal, veronal, or any natural or synthetic hypnotic substance; or

Cantharides, cotton root, ergot, oil of pennyroyal, oil of rue, oil of savin, oil of tansy, oil of parsley, or any emmenagogue or reputed abortifacient substance; or

Any drugs of vegetable origin being or containing any poisonous alkaloid, glucoside, or similar potent principle, or any derivative thereof; or

8(continued)—

Acetanilide, exalgine, phenacetin, phenazone, or any allied analgesic or antipyretic substance; or.

Any salt of arsenicum, barium, copper, lead, or mercury; or

Adrenaline or the like, bromoform, carbolic acid, chloroform, creosote, cresylic acid, hydrocyanic acid, free phosphorus, nitroglycerin, or methylated spirit,

the trade description shall include an explicit statement to such effect, setting out, in regard to any substance specifically named in this list, such specified name of the substance, or, in the case of any substance included but not specifically named in this list, the name most commonly applied to the substance in the English language in the pharmacopoeias of Great Britain and the United States of America, or in the British Pharmaceutical Codex or other recognised authority, and also the quantity or proportion of the drug present in the goods.

(g) In the case of manures the trade description shall be indelibly branded upon the bags or other coverings, and shall include a statement of the name and percentage of each principal active constituent of the manure in terms of one or more of the following, as the case requires, viz.:—Nitrogen, Available Phosphoric Acid, and Potash (K2 O).

(h) In the case of articles of apparel the trade description shall state the nature of the principal material of which the articles are made.

Where articles of apparel are manufactured of fibrous material containing not more than 10 per cent, of fibre other than the preponderating fibre, the name of the preponderating fibre (e.g.,“Wool”) may be used to indicate the nature of the material. In other cases the trade description shall set out the names of the principal fibres present in the material, or, alternatively, describe the material as being made of the preponderating fibre “and Other Fibres “e.g., “Wool and Other Fibres”).

(i) In the case of piece goods intended for or commonly used in the manufacture of articles of apparel the trade description shall specify the names of the principal fibres of which the material is composed.

Where the material does not contain more than 10 per cent of fibre other than the preponderating fibre, the name of the preponderating fibre may be used in the trade description to indicate the nature of the material. In other cases the trade description shall set out the names of the principal fibres present in the material, or, alternatively, describe the material as being made of the preponderating fibre “and Other Fibres” (e.g., “Wool and Other Fibres”). In cases where any substance (other than ordinary dressing) has been used in the preparation or manufacture which has the effect of loading or weighting the material the word “Loaded” or “Weighted” shall also be included in the trade description.

8 (continued)—

(j) In the case of boots and shoes manufactured wholly or partly from leather or any imitation thereof, the trade description shall set out the principal material from which they are made, and, unless the soles are solid leather, without admixture or addition other than ordinary fillers of cork or of waterproofed felt, shall state the nature of the admixture or addition, and a statement of the material or materials composing the sole shall, in addition, be conspicuously, legibly, and indelibly stamped upon or impressed into the outer surface of the sole of each boot or shoe.

(k) In the case of leather containing any loading of any mineral or other weighting substance, the trade description shall include a statement setting out the name of each loading substance contained in the leather, and the percentage thereof. Provided that the following shall not be deemed to be loading substances within the meaning of this regulation:—

In the case of sole leather—glucose and sugar to the extent of not more than 3 per cent. taken together, and fats and oils to the extent of not more than 5 per cent. taken together; and

In the case of leather other than sole leather—glucose and sugar to the extent of not more than 3 per cent. taken together, and fats and oils used in the manufacture and preparation of the leather.

(l) In the case of gold jewellery the carat quality shall be conspicuously set out in the trade description applied to the goods, and shall also, where practicable, be legibly stamped or engraved upon each article.

In the case of jewellery wholly or partly covered by gold, the words “Rolled Gold,” “Gold Cased,” “Gold Plated,” or “Gilt,” as the case requires, shall be conspicuously set out in the trade description applied to the goods, and shall also, where practicable, be legibly stamped upon each article.

In the case of silver jewellery not marked with a British hallmark, the degree of millesimal fineness (e.g., “925 fine”) shall be conspicuously set out in the trade description applied to the goods, and the number indicating such degree of millesimal fineness shall also, where practicable, be legibly stamped or engraved upon each article.

In the case of jewellery which, not being gold or silver, nor coated with gold or silver, is coloured to represent gold or silver or gold and silver, the words “Imitation Jewellery” shall be conspicuously set out in the trade description applied to the goods, and the word “Imitation” shall also, where practicable, be legibly stamped upon each article.

8  (continued)—

(m) In the case of agricultural seeds, the trade description shall state the names of the seeds and their condition as to soundness, cleanness, and newness.*

(n) In the case of plants, the trade description shall state the names of the plants and their condition as to freedom from or affection by any disease or pest.

9. These regulations shall not apply to small packets of seeds received by post or to seeds imported otherwise than as merchandise.

 

*Note.—Trade descriptions as to soundness, cleanness, and newness are to be interpreted as follows:— “Sound”—as indicating freedom from disease (as defined in Regulation 3), and from damage or decay. “Clean”—as indicating freedom from seeds other than those named in the trade description, and from other foreign substances such as chaff, stalks, soil, &c.

“New”—as indicating that the seed has been gathered during the immediately preceding harvest time in the country or place named in the trade description.

 

Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.