Export (Fresh Fruit) Regulations (Amendment) (Cth)

Statutory Rules

1977 No. 22

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

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

Dated this twenty-fourth day of February, 1977.

JOHN R KERR

Governor-General.

By His Excellency’s Command,

IAN SINCLAIR

Minister of State for Primary Industry and for and on behalf of the Minister of State for Business and Consumer Affairs.

 

Amendments of the Exports (Fresh Fruit) Regulations 

Third Schedule Item 1.

1. Item 1 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended—

(a) by omitting from the table in sub-paragraph (1) of paragraph 1 (in the second column) the words and figures—

“ Cox’s Orange Pippin C.O.P. 30 5 ”,

and substituting the words and figures—

“ Cox’s Orange Pippin C.O.P. 30 10 ”;

(b) by inserting after sub-paragraph (1) of paragraph 1 (in the second column) the following sub-paragraph:—

“ (1a) Apples shall not be exported unless—

(a) they have been placed in cool storage as soon as possible after harvesting and not later than—

(i) in the case of apples of a variety other than Granny Smith—48 hours after harvesting; and

(ii) in the case of apples of the variety Granny Smith— 72 hours after harvesting;

 

* Notified in the Australian Government Gazette on 1st March, 1977.

  Statutory Rules 1955, No. 61 as amended by Statutory Rules 1956, Nos. 20, 27 and 123; 1957, No. 36; 1958, No. 24; 1959, No. 6; 1960, Nos. 16 and 38; 1961, Nos. 20 and 111; 1962, No. 37; 1963, Nos. 15 and 140; 1964, Nos. 11 and 28; 1965, No, 22; 1966, Nos. 49 and 84; 1967, No. 22; 1968, No. 16; 1969, Nos. 33 and 40; 1970, No. 33; 1971, Nos. 35 and 104; 1972, No. 36; 1973, No. 140; 1974, Nos. 49 and 227; and 1976, Nos. 87 and 163.

 

(b) they have been kept in cool storage at all times since harvesting except when necessarily removed for inspection, packaging, transport or treatment;

(c) they have been packaged, transported or treated in such a manner as will not unnecessarily shorten the storage life of the fruit; and

(d) immediately before the fruit is loaded into the vessel in which it is intended to be exported—

(i) the skin colour of the fruit or, where the fruit is blushed, the skin colour of the unblushed portion of the fruit is a colour obtained by combining the colours green and yellow so that the proportion of green equals or exceeds that of yellow; and

(ii) the core temperature of the fruit does not exceed 7° Celcius.”.

(c) by omitting from clause (a) of sub-paragraph (1) of paragraph 3 (in the second column) the words “ or disease ”;

(d) by omitting from clause (a) of sub-paragraph (1) of paragraph 4 (in the second column) the words “ or disease ”;

(e) by omitting from clause (b) of sub-paragraph (1a) of paragraph 6 (in the second column) the words “ and has a white lid ”; and

(f) by omitting paragraph 9a (in the second column).

Third Schedule-Item 2.

2. Item 2 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended by omitting clause (d) of paragraph 1 (in the second column) and substituting the following paragraphs:—

“ (d) in the case of the varieties Red Prince, Cannon Hall Muscat, Red Emperor and Flame Tokay—have a diameter of not less than 20 millimetres in respect of not less than two-thirds of the berries in each box and of not less than 15 millimetres in respect of the remaining berries in the box;

(da) in the case of the varieties Black Malaga, Bridal and Ohanez—have a diameter of not less than 17 millimetres in respect of not less than two-thirds of the berries in each box and of not less than 15 millimetres in respect of the remaining berries in the box; and ”.

Third Schedule-Item 7.

3. Item 7 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended by omitting from clause (c) of paragraph 2 (in the second column) the word “ disease, ”.

Third Schedule-Item 8.

4. Item 8 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended—

(a) by omitting paragraphs 3, 4, 5, 6, 6a, 6b and 7 (in the second column) and substituting the following paragraphs:—

“ 3. Each carton, tray or box of pears intended for export shall contain pears—

(a) of one variety; and

(b) of uniform size.

 

“ 4. Pears intended for export shall, immediately before the fruit is loaded into the vessel in which it is intended to be exported, be—

(a) sound;

(b) clean;

(c) well-formed;

(d) not less than 55 millimetres in diameter;

(e) hard;

(f) green in colour;

(g) free from broken skins; and

(h) capable of normal ripening.

“ 5. If the pears are blemished on the surface, they shall not be exported unless—

(a) the blemishes are superficial;

(b) the number of pears affected by—

(i) blemishes exceeding in total an area of 1 square centimetre; or

(ii) a blemish exceeding 2 centimetres in length,

does not exceed 50 per cent of the total number of pears in a carton, tray or box; and

(c) in the case of inactive black spot lessions, the blemishes do not exceed in total the area contained in a circle having a diameter of 6 millimetres.

“ 6. For the purposes of paragraph 5—

(a) smooth and not unsightly russet on a pear (other than, in the case of a pear of the variety Packhams Triumph intended for export to the United States of America or Canada, russet covering more than 10 per cent of the surface of the pear not including the normal stem end russet that is characteristic of the variety); or

(b) slightly rough russet covering not more than 12.5 per cent of the surface of a pear (other than a pear of the variety Packhams Triumph intended for export to the United States of America or Canada),

shall not be taken to be a blemish.”;

(b) by omitting from clause (a) in paragraph 1 (in the third column) the words “, and whether the grade of the pears is ‘ Extra Fancy ’, ‘ Fancy ’ or ‘ Good ’ ”; and

(c) by inserting after paragraph 2 (in the third column) the following paragraph:—

“ 2a. The trade description shall include the word and figure ‘ Class 1 ’.”.

Third Schedule-Item 10.

5. Item 10 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended by omitting paragraphs 1 and 2 (in the second column) and substituting the following paragraphs:—

“ 1. Each box of plums intended for export shall contain plums—

(a) of one variety; and

(b) of uniform size.

 

“ 2. Plums shall not be exported unless they are—

(a) in the case of plums of a variety other than Beauty, Narrabeen, Santa Rosa or Wilson—not less than 45 millimetres in diameter;

(b) in the case of plums of the variety Beauty, Santa Rosa or Wilson— not less than 41 millimetres in diameter; or

(c) in the case of plums of the variety Narrabeen—not less than 48 millimetres in diameter.

“ 2a. The plums shall be—

(a) sound;

(b) clean;

(c) well-formed;

(d) capable of normal ripening; and

(e) free from broken skins and surface blemishes.”.

Third Schedule-Item 11.

6.