Exports (Canned and Frozen Fruits) Regulations (Amendment) (Cth)

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CUSTOMS ACT AND COMMERCE (TRADE DESCRIPTIONS) ACT.

EXPORTS (CANNED AND FROZEN FRUITS) REGULATIONS.

Statutory Rules 1964, No. 54.(a)

Interpretation.

1. Regulation 4 of the Exports (Canned and Frozen Fruits) Regulations is amended by omitting from the definition of " can " in sub-regulation (I.) the word " tin " and inserting in its stead the word " tinplate ".

2. Regulations 18, 19 and 20 of the Exports (Canned and Frozen Fruits) Regulations are repealed and the following regulations inserted in their stead:—

Register of brands.

"18.—(1.) Subject to regulation 20 of these Regulations, the Secretary—

(a)may register a brand as a brand that may be included in the trade description of canned or frozen fruit; and

(b)shall keep a register, to be known as the Register of Brands, of the brands so registered.

"(2.) A brand may be registered for a particular type of canned or frozen fruit.

"(3.) The register of brands kept by the Secretary under these Regulations as in force immediately before the commencement of this regulation and any register incorporated with and forming part of that register shall be incorporated with and form part of the register kept under this regulation.

Application to be accompanied by copies of brand.

"19. An application for the registration of a brand shall be accompanied by seven copies of the brand.

Registration as trade mark necessary.

"20. A brand shall not be registered under these Regulations unless it is registered, or deemed to be registered, in the Register of Trade Marks kept under the Trade Marks Act1955-1958, as a trade mark in respect of canned or frozen fruit or of a particular kind of canned or frozen fruit and unless the applicant is the registered proprietor or a registered user of the trade mark.".

Second Schedule— paragraph 13.

3. The Second Schedule to the Exports (Canned and Frozen Fruits) Regulations is amended—

(a) by omitting from sub-paragraph (b) of paragraph 13 the word "and" (second occurring); and

(b)by inserting after sub-paragraph (c) of paragraph 13 the following word and sub-paragraph:—

"; and (d) in the case of grapefruit segments—not less than 22 ounces of fruit.".

(a) Made under the Customs Act 1901-1963 and the Commerce (Trade Descriptions) Act 1905-1950 on 16 April, 1964; notified in the Commonwealth Gazette on 23 April, 1964.

Third Schedule— Part I—items 25, 26 and 27.

4. Part I of the Third Schedule to the Exports (Canned and Frozen Fruits) Regulations is amended—

(a)by omitting from sub-paragraph (b) of paragraph 2 in the second column of item 25 the word "avoirdupois";

(b) by omitting from sub-paragraph (b) of paragraph 2 in the second column of item 26 the word "avoirdupois"; and

(c) by omitting from paragraph 6 in the second column of item 27 the word " avoirdupois ".

Third Schedule— Part 1—items 30a and 30b.

5. Part 1 of the Third Schedule to the Exports (Canned and Frozen Fruits) Regulations is amended by inserting after item 30 the following items:—

                    

30a. Grapefruit — Choice Quality—Segments

1. Each can and each case shall contain only one variety of grapefruit.

1. The trade description shall include the words " Choice Segments " or "Choice Quality Segments "on the label and on the outside container.

2. The grapefruit shall have been canned in segments and only mature segments used of which not more than 25 per centum shall be broken.

3. Each grapefruit shall have been peeled.

4. The segments shall be of reasonably good colour and reasonably free from seeds, portions of tough membrane and other defects.

5. When processed not less than 50 per centum of the segments shall be whole.

6. The syrup used shall be clear and shall contain 45 per centum by weight of cane sugar.

30b. Grapefruit — Standard Quality—Segments

1. Each can and each case shall contain only one variety of grapefruit.

1. The trade description shall include the words "Standard Segments" or "Standard Quality Segments " on the label and on the outside container.

2. The grapefruit shall have been canned in segments and only mature segments used.

3. Each grapefruit shall have been peeled.

4. The segments shall be of fairly good colour and fairly free from seeds, portions of tough membrane and other defects.

5. When processed not less than 50 per centum of the segments shall be whole.

6. The syrup used shall be clear and shall contain 45 per centum by weight of cane sugar.

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