Customs Regulations (Amendment) (Cth)

STATUTORY RULES.

1921. No. 206.

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REGULATIONS UNDER THE CUSTOMS ACT 1901-1920.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1920, to come into operation as follows:—

(a)regulations 1, 3, and 5, forthwith; and

(b)regulations 2 and 4—On and from the first day of December, One thousand nine hundred and twenty-one.

Dated this nineteenth day of October, 1921.

FORSTER,

Governor-General.

By His Excellency’s Command,

GEO. H. WISE,

for Minister of State for Trade and Customs.

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Amendment of the Customs Regulations 1913.

(Statutory Rules 1913, No. 346, as amended to this date.)

1. Regulations 154a (made by Statutory Rules 1917, Nos. 273 and 307), 154b (made by Statutory Rules 1918, No. 11), and 154b (made by Statutory Rules 1920, No. 50) of the Customs Regulations are repealed, and the following regulations inserted in their stead:—

Preparation of Foods and Drink for Export.

“154a. All establishments wherein articles used for food or drink by man, or used in the manufacture of articles used for food or drink by man, are prepared or manufactured for export (in these Regulations referred to as “export establishments”) shall be constructed, equipped and operated in such a way as, in the opinion of the Comptroller-General, will facilitate hygienic treatment of those articles.

“154b. Any officer may enter any export establishment at any time, open any packages, take samples, and do all other things necessary to enable him to ascertain whether the requirements of these Regulations are being complied with.

“154c. Except by permission of the Collector, no articles used for food or drink by man, or used in the manufacture of articles used for food or drink by man, shall be exported, or brought for export to any wharf or place, unless the conditions prescribed by these Regulations as to the preparation, manufacture, packing, and storage of such goods have been complied with.

Butter and Cheese.

“154d. No margarine or fats other than butter fat shall be manufactured or stored in premises adjacent to any export establishment wherein butter or cheese for export is manufactured or stored.

“154e. Butter shall be exported only in packages which, in the opinion of an officer authorized to inspect butter, will not cause it to deteriorate rapidly, will not impart a taint to it when stored, and are strong enough to enable it to be carried without breakage when subject to ordinary treatment.

“154f. (1) Cheese for export shall be packed in crates which shall be made in accordance with the following specifications, viz.:—

(a) The crate shall be twelve-sided. Its outside length shall be 27 inches and its breadth 15 inches;

(b)The timber used shall be as follows:—

Length of batten—27 inches.

Width of batten—3¼ to 3½ inches.

Thickness of batten—⅜ to ½ inch.

Edges of battens to be bevelled.

(c) The ends of the crate shall, when dressed, be at least ⅞ inch thick, and the centre boards not less than ¾ inch thick;

(d)The crate shall be bound at each end with galvanized wire of fourteen gauge, and fastened with staples ¾ inch by fourteen gauge;

(e) The nails used shall be 1¾ inch by thirteen gauge, and shall have flat heads; and

(f) The crate shall be fitted with scale boards in such a manner as will prevent the cheese adhering to the timber.

“(2) Where the Comptroller-General is satisfied that strict compliance with the requirements of the last preceding sub-regulation would be economically impossible, he may permit such variations in the requirements as to dimensions and shape of crates as he deems necessary, provided the strength of the crates is not impaired thereby.

Condensed Milk and Similar Preparations.

“154g. Condensed or concentrated milk, cocoa and milk preparations, coffee and milk preparations, and preparations of a similar character, when intended for export, shall be packed in cases, strapped with metal or wire, which are, in the opinion of the Collector, sufficiently strong to withstand such handling as is ordinarily incidental to transport to destinations beyond the Commonwealth.

Egg Pulp.

“154h. Egg pulp intended for export shall be prepared and packed in accordance with the following provisions:—

(a) The eggs shall be individually examined by the ‘candling’ process under the supervision of an officer, and the examination shall be supplemented by examination during individual breaking.

(b)The officer may reject all eggs considered by him to be unfit for pulping.

(c) No egg that is in an unsound or other abnormal condition shall be used.

(d)The preparation of the eggs shall be carried out under sanitary conditions approved by the Comptroller-General.

(e) Egg pulp shall be packed only in containers of a type approved by the Comptroller-General.”

2. After regulation 154h of the Customs Regulations the following regulation is inserted:—

Fruit (Fresh).

“154i. (1) All apples or pears for export to any country other than New Zealand shall be packed only in cases of the dimensions specified hereunder for apple and pear cases respectively.

Apples. Internal Measurements.

(a) Australian bushel—18 inches x 14¼ inches x 8⅔ inches.

(b)Canadian bushel—20 inches x 10 inches x 11½ inches.

(c) Flat bushel—26 inches x 14¼ inches x 6 inches, clear of divisions.

(d)Canadian standard case—18 inches x 10½ inches x 11½ inches.

(e) Three-quarter flat bushel—24 inches x 11¾ inches x 6 inches, clear of divisions.

(f) Australian half bushel—18 inches x 8⅔ inches x 7⅛ inches.

(g)Half flat bushel—26 inches x 7⅛ inches x 6 inches, clear of divisions.

Pears.

(a)Pear tray—18 inches x 3¼ inches x 14¼ inches.

(b) Pear tray—18 inches x 2⅞ inches x 14¼ inches.

Provided that those dimensions may show a variation to the extent of not more than 6 per cent. (that is 3 per cent. under or 3 per cent. above) on the total cubic capacity of the case.

(2) Apples or Pears intended for export shall be deemed to be ungraded unless the packing of the apples or pears is carried out in accordance with such one of the following sets of conditions as is applicable to the respective grades specified therein, viz.:—

(a) Apples or Pears describable as “A” grade shall consist of sound, clean, well-formed apples or pears of one size and one variety, free from disease and all blemishes, of good colour for the variety, and so packed that the outer layers or shown surfaces shall be a true indication of the average grade of the fruit throughout the package, The size of the apples or pears shall be not less than 2½ inches in diameter, excepting that normally small or medium varieties may consist of apples or pears of not less than 2¼ inches in diameter. The apples or pears shall be packed in such a manner as shall, in the opinion of the officer, render it unlikely for them to sustain damage during transit to their destination.

 

(b)Apples or Pears describable as “B” grade shall consist of sound, clean, well-formed apples or pears of one size and one variety, of not less than medium size for the variety, of normal shape and free from visible bitter pit and serious blemishes, excepting blemishes caused by rubbing, black spot or caterpillars. Slightly blemished apples or pears may be packed provided they do not exceed 10 per cent. of the whole of the apples or pears in any one case. Black spot may be regarded as a slight blemish provided it does not exceed in extent, upon each apple or pear, the area contained in a circle of which the diameter does not exceed one quarter of an inch. The size shall be not less 2¼ than inches in diameter, except that normally small varieties may consist of apples or pears of not less than 2 inches in diameter. The apples or pears shall be so packed that the outer layers or shown surfaces shall be a true indication of the average grade of the fruit throughout the package. The apples or pears shall be packed in such a manner as shall, in the opinion of the officer, render it unlikely for them to sustain damage during transit to their destination.

(c) Apples or Pears describable as “C” grade shall consist of apples or pears true to name, of one size, being (in the case of apples only) not less than 2 inches in diameter, of one variety, with skin unbroken, reasonably free from disease and properly packed. Slightly blemished apples may be packed, but any such blemishes including black spot markings, shall not exceed thirty per cent. (30 per cent.) in a case. The black spot marking shall not exceed in extent upon each apple the area contained in a circle of which the diameter shall not exceed ⅜ of an inch. Russeting of the apple shall not be considered as a blemish. The apples shall be so packed that the outer layers or shown surfaces shall be a true indication of the average grade of the apples throughout the package. The apples or pears shall be packed in such a manner as shall, in the opinion of the officer, render it unlikely for them to sustain damage owing to faulty packing during transit to their destination.”

3. After regulation 154i of the Customs Regulations, the following regulation is inserted:—

Honey.

“154j. Honey intended for export shall be packed in accordance with the following provisions:—

(a)The immediate containers shall be clean, new, and strongly constructed; if of tin plate, they shall be lacquered on the outside; and, if soldered, they shall be externally soldered.

(b) If the immediate container is made of tin plate, the tin plate shall be of the following minimum substances:—

(i) In the case of containers not exceeding 2 lbs. net capacity, 95 lbs. substance I.C.L. quality.

(ii) In the case of containers exceeding 2 lbs. net capacity, 108 lbs. substance I.C. quality.

(c) Where the immediate containers are of tin plate the net weight shall not exceed 14 lbs., and the net weight of the contents of a case (outer covering) shall not exceed 64 lbs.

(d)The outer coverings shall be clean and new and constructed of well-seasoned and dressed wood strapped with metal strapping or wire, and, in the opinion of the Collector, sufficiently strong to withstand such handling as is ordinarily incidental to transport to destinations beyond the Commonwealth.”

4. After regulation 154j of the Customs Regulations, the following regulations are inserted:—

Jam, Preserved Fruit, and Fruit Pulp.

Packing.

“154k. (1) Jam, preserved fruit, or fruit pulp intended for export shall be packed in accordance with the following provisions:—

(a) The immediate containers shall be clean and strongly and efficiently constructed.

(b)If the immediate container is made of tin plate, the tin plate shall be of the following minimum substances—

(i) In the case of containers not exceeding 2 lbs. net capacity, 95 lbs. substance I.C.L. quality.

(ii) In the case of containers exceeding 2 lbs. net capacity, 108 lbs. substance I.C. quality.

(c) An immediate container made of tin plate shall be lacquered on the whole of the outer surfaces in a manner deemed by an officer to be satisfactory.

(d)If soldered, an immediate container made of tin plate shall be externally soldered.

(e) The outer coverings shall be clean and new, constructed of well-seasoned and dressed soft wood, strapped with metal strapping or wire, and, in the opinion of the Collector, sufficiently strong to withstand such handling as is ordinarily incidental to transport to destinations beyond the Commonwealth. Provided that the Comptroller-General, if satisfied that at any given time it would be extremely difficult to obtain supplies of suitable soft wood, may permit the use of hardwood that has been seasoned and dressed in a manner approved by him.

(f) Any marking applied to a container by means of a label or otherwise shall be applied in such a manner as, in the opinion of the Comptroller-General, will conduce to the attractive appearance of the package for purposes of commerce.

(g)Except in the case of fruit pulp, if an immediate container is made of tin plate, one label only may be applied, and that label shall completely cover the body of the container. No additional label may be superimposed except by permission of the Comptroller-General.

(h)The immediate container shall be wrapped with paper or other wrapping considered suitable by an officer and the packages shall be so packed as to prevent free movement within the case which forms the outer covering.

“(2) In the case of jam contained in tins, the net contents of the tins and the maximum number of tins packed in a case shall be as follows:—

Net contents of tins.	Maximum number of tins packed in a case.
12 ounces.................................................	72
16 „ ......................................................	72
24 „ ......................................................	48
32 „ ......................................................	36
80 „ ......................................................	12

except in the case of goods exported for consumption in any country where the metric system of weights is in operation, in which case the net contents may be one kilogramme or some multiple of one kilogramme.

“(3) In the case of preserved fruit contained in tins, the net contents of the tins and the maximum number of tins packed shall be as follows:—

Net contents of tins.	Maximum number of tins packed in a case.
30 ounces....................................	30

except in the case of goods exported for consumption in any country where the metric system of weights is in operation, in which case the net contents may be one kilogramme or some multiple of one kilogramme.

“(4) In the case of fruit pulp, the net weight of the contents of an immediate container made of tin plate shall not exceed fourteen pounds, and the net weight of the contents of a case (outer covering) shall not exceed sixty-four pounds.”

Preparation.

Peaches.

“54l. (1) The canning of peaches for export shall be subject to the following conditions:—

(a) Each peach shall be halved.

(b)Only complete halves may be used; all other portions shall be discarded.

(c) Each peach shall be free from blemishes.

(d)Only one variety of peaches shall be placed in each container or case.

(e) The skins shall be removed by lye solution or any other treatment deemed by an officer to be suitable.

(2) Canned peaches shall be deemed to be ungraded unless, in addition to the conditions specified in the last preceding sub-regulation, the canning of the peaches is carried out in accordance with such one of the following sets of conditions as is applicable to the respective grades specified therein, viz.:—

(a)Peaches describable as “First Grade—Extra Special”.— Not fewer than eight nor more than twelve halves shall be placed in any one container, and in no single consignment shall there be a variation of more than three halves per container; the peaches shall be uniform in size, colour, and degree of ripeness; and the syrup used shall be of a minimum density equivalent to 6 ozs. of sugar to every 30 fluid ozs. of syrup.

(b) Peaches describable as “Second Grade—Choice”.—Not fewer than ten nor more than fourteen halves shall be placed in any one container, and in no single consignment shall there be a variation of more than four halves per container; the peaches shall be uniform in size, colour, and degree of ripeness; and the syrup used shall be of a minimum density equivalent to 4 ozs. of sugar to every 30 fluid ozs. of syrup.

(c) Peaches describable as “Third Grade—Good Standard Quality”.—Not fewer than ten nor more than sixteen halves shall be placed in any one container, and in no single consignment shall there be a variation of more than six halves per container; the peaches shall be relatively uniform in size, colour, and degree of ripeness; and the syrup used shall be of a minimum density equivalent to 4 ozs. of sugar to every 30 fluid ozs. of syrup.”

Sliced Peaches.

“154m. (1) The canning of Sliced Peaches for export shall be subject to the following conditions:—

(a)Only one variety of peaches shall be placed in each container or case.

(b) The skins shall be removed by lye solution or any other treatment deemed by an Officer to be suitable.

(2) Sliced peaches shall be deemed to be ungraded unless, in addition to the conditions specified in the last preceding sub-regulation, the canning of the fruit is carried out in accordance with such one of the following sets of conditions as is applicable to the respective grades specified therein, viz.:—

(a) Sliced peaches describable as “First, Grade—Extra Special”.—The fruit shall be of very high colour, as well as uniform in size, colour and degree of ripeness, free from blemishes, and symmetrical, and the syrup used shall be of a minimum density equivalent to 6 ozs. of sugar to every 30 fluid ozs. of syrup.

(b)Sliced peaches describable as “Second Grade—Choice”. The fruit shall be of good colour, slices uniform in size, colour and degree of ripeness, free from blemishes, and

symmetrical, and the syrup used shall be of a minimum density equivalent to 4 ozs. of sugar to every 30 fluid ozs. of syrup.

(c) Sliced peaches describable as “Third Grade—Good Standard Quality”.—The fruit shall be of reasonably good colour, slices reasonably uniform in size, colour and degree of ripeness, reasonably free from blemishes, and reasonably symmetrical, and the syrup used shall be of a minimum density equivalent to 4 ozs. of sugar to every 30 fluid ozs. of syrup.”

Apricots.

“154n. (1) The canning of apricots for export shall be subject to the following conditions:—

(a) Each apricot shall be halved.

(b) Only complete halves may be used; all other portions shall be discarded.

(c) Only one variety of apricots shall be placed in each container or case.

(d)Each apricot shall be free from blemishes.

(e) The skins shall be removed by lye solution or any other treatment deemed by an officer to be suitable.

“(2) Canned apricots shall be deemed to be ungraded unless, in addition to the conditions specified in the last preceding sub-regulation, the canning of the apricots is carried out in accordance with such one of the following sets of conditions as is applicable to the respective grades specified therein, viz.:—

(a) Apricots describable as “First Grade—Extra Special”.— Not fewer than eighteen nor more than twenty-four halves shall be placed in any one container, and in no single consignment shall there be a variation of more than four halves per container; the apricots shall be uniform in size, colour, and degree of ripeness; and the syrup used shall be of a minimum density equivalent to 6 ozs. of sugar to every 30 fluid ozs. of syrup.

(b)Apricots describable as “Second Grade—Choice”.—Not fewer than twenty nor more than twenty-eight halves shall be placed in any one container, and in no consignment shall there be a variation of more than six halves per container; the apricots shall be uniform in size, colour, and degree of ripeness; and the syrup used shall be of a minimum density equivalent to 4 ozs. of sugar to every 30 fluid ozs. of syrup.

(c) Apricots describable as “Third Grade—Good Standard Quality”.—Not fewer than twenty-six nor more than thirty-four halves shall be placed in any one container, and in no single consignment shall there be a variation of more than six halves per container; the apricots shall be relatively uniform in size, colour, and degree of ripeness; and the syrup used shall be of a minimum density equivalent to 4 ozs. of sugar to every 30 fluid ozs. of syrup.”

Pears.

“154o. (1) The canning of pears for export shall be subject to the following conditions:—

(a)Each pear shall be halved.

(b) Only complete halves may be used; all other portions shall be discarded.

(c) Each pear shall be peeled, cored, and stemmed, and shall be free from blemishes.

(d)Only one variety of pears shall be placed in each container or case.

“(2) Canned pears shall be deemed to be ungraded unless, in addition to the conditions specified in the last preceding sub-regulation, the canning of the pears is carried out in accordance with such one of the following sets of conditions as is applicable to the respective grades specified therein, viz.:—

(a)Pears describable as “First Grade—Extra Special”.— Not fewer than eight nor more than twelve halves shall be placed in any one container, and in no single consignment shall there be a variation of more than two halves per container; the pears shall be uniform in size, colour, and degree of ripeness; no pink, brown, or other abnormally coloured pears shall be included in a container; and the syrup used shall be of a minimum density equivalent to 4 ozs. of sugar to every 30 fluid ozs. of syrup.

(b)Pears describable as “Second Grade—Choice”.—Not fewer than eight nor more than fourteen halves shall be placed in any one container, and in no single consignment shall there be a variation of more than four halves per container; the, pears shall be uniform in size, colour, and degree of ripeness; no pink, brown, or other abnormally coloured pears shall be included in a container; and the syrup used shall be of a minimum density equivalent to 4 ozs. of sugar to every 30 fluid ozs. of syrup.

(c) Pears describable as “Third Grade—Good Standard Quality”.—Not fewer than eight nor more than sixteen halves shall be placed in any one container, and in no single consignment shall there be a variation of more than six halves per container; the pears shall be relatively uniform in size, colour, and degree of ripeness; and the syrup used shall be of a minimum density equivalent to 4 ozs. of sugar to every 30 fluid ozs. of syrup.”

Plums.

“154p. (1) The canning of plums for export shall be subject to the following conditions:—

(a) Plums shall be canned either whole or in halves.

(b)When the plum is halved, only complete halves may be used; all other portions shall be discarded.

(c) Only one variety of plums shall be placed in each container or case.

(d)The fruit shall be free from stones (when canned in halves) and blemishes.

(2) Canned plums shall be deemed to be ungraded unless, in addition to the conditions specified in the last preceding sub-regulation, the canning of the plums is carried out in accordance with such one of the following sets of conditions as is applicable to the respective grades specified therein, viz.:—

(a) Plums describable as “First Grade—Extra Special”.— Not fewer than eight nor more than twelve whole plums shall be placed in any one container; when the plums are halved not fewer than eighteen nor more than twenty-four halves shall be placed in any one container; in no single consignment shall there be a variation of more than two whole fruits or four halves per container; the plums shall be uniform in size, colour, and degree of ripeness; and the syrup used shall be of a minimum density equivalent to 6 ozs. of sugar to every 30 fluid ozs. of syrup.

(b)Plums describable as “Second Grade—Choice”.—Not fewer than ten nor more than sixteen whole plums shall be placed in any one container; when the plums are halved not fewer than twenty nor more than thirty-two halves shall be placed in any one container; in no single consignment shall there be a variation of more than four whole plums or six halves per container; the plums shall be relatively uniform in size, colour, and degree of ripeness; and the syrup used shall be of a minimum density equivalent to 4 ozs. of sugar to every 30 fluid ozs. of syrup.”

Cherries.

“154q. (1) The canning of cherries for export shall be subject to the following conditions:—

(a)Only one variety of cherries shall be placed in each container or case.

(b) Each cherry shall be stemmed and shall be free from blemishes.

(c) The cherries shall be uniform in size, colour, and degree of ripeness.

(2) Canned cherries shall be deemed to be ungraded unless, in addition to the conditions specified in the last preceding sub-regulation, the canning of the cherries is carried out in accordance with such one of the following sets of conditions as is applicable to the respective grades specified therein, viz.:—

(a)Cherries describable as “First Grade—Extra Special”.— Not more than one hundred shall be placed in any one container; in no single consignment shall there be a variation of more than fifteen cherries per container; and the syrup used shall be of a minimum density equivalent to 4 ozs. of sugar to every 30 fluid ozs. of syrup.

(b)Cherries describable as “Second Grade —Choice”.—Not more than one hundred and twenty-five shall be placed in any one container; in no single consignment shall there be a variation of more than twenty-five cherries per container; and the syrup used shall be of a minimum density equivalent to 4 ozs. of sugar to every 30 fluid ozs. of syrup.”

Pineapples.

“154r. (1) The canning of pineapples for export shall be subject to the following conditions:—

(a) Each pineapple shall be sliced.

(b)The pineapples shall be peeled and all skin and eyes shall be removed.

(c) The core shall be removed; the hole so left shall be not less than ¾ inch in diameter.

(d)Only one variety of pineapples shall be placed in each container or case.

(2) Canned pineapples shall be deemed to be below the standard for export unless, in addition to the conditions specified in the last preceding sub-regulation, the canning of the pineapples is carried out in accordance with the following conditions:—

(a) The slices shall be of even thickness; all broken or irregularly cut pieces shall be discarded; not less than eight or more than twelve slices shall be placed in any one container; the same number of slices of any given thickness shall be placed in each container.

(b)The slices shall reasonably fit the container and shall be of uniform colour and degree of ripeness.

(c) The syrup used shall be of a minimum density equivalent to 6 ozs. of sugar to every 30 fluid ozs. of syrup.

5. After regulation 154r of the Customs Regulations, the following regulation is inserted:—

Penalties.

“154s. Any person who contravenes or fails to comply with any provision of these Regulations shall be guilty of an offence against these Regulations.

Penalty: Fifty pounds.”

     

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