Exports (Canned Fruits) Regulations (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1936 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*
WHEREAS by section 112 of
the
(
a ) the exportation of which would, in his opinion, be harmful to the Commonwealth; or(
b ) which have not been prepared or manufactured for export under the prescribed conditions as to purity, soundness, or freedom from disease, or which do not conform to the prescribed conditions as to purity, soundness, or freedom from disease:
And whereas it is provided by the said section that the said power of prohibition shall extend to authorize the prohibition of the exportation of the goods generally, or to any specified place, and either absolutely or so as to allow of the exportation of the goods subject to any condition or restriction:
And whereas I am of opinion that the exportation of canned fruits, except subject to the conditions and restrictions prescribed by the following Regulations, would be harmful to the Commonwealth:
Now therefore 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
Dated this sixteenth day of June, 1937.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
For Minister of State for Commerce and for and on behalf of the Minister of State for Trade and Customs.
EXPORTS (CANNED FRUITS) REGULATIONS.
Part I.—Preliminary.
*
Notified in the
2236.—12/4.6.1937.—Price 1s. 3d.
Part I.—Preliminary.
Part II.—General Provisions as to Exportation of Canned Fruits.
Part III.—Trade Descriptions.
Part IV.—Inspection and Examination.
Part V.—Registration of Brands.
Part VI.—Miscellaneous.
“appointed analyst” means a person appointed as an analyst under sub-regulation (1.) of regulation 23 of these Regulations, or for the purposes of the
Customs Act 1901-1936;“can” includes an immediate container made of glass;
“canned fruits” includes canned vegetables;
“officer” means an officer as defined by the
Commerce (Trade, Descriptions )Act 1905-1933;“registered brand” means a brand registered in pursuance of Part V. of these Regulations or in pursuance of the Regulations repealed by the Exports (General) Regulations;
“season” means the period commencing on the first day of November in any year and ending on the thirty-first day of October of the succeeding year;
“State” includes any Territory under the authority of the Commonwealth;
“the Department” means the Department of Commerce;
“the Minister” means the Minister of State for Commerce;
“the Secretary” means the Secretary of the Department.
(2.) In these Regulations, any reference to a Schedule shall be read as a reference to a Schedule to these Regulations, and any reference to a Form shall be read as a reference to a Form contained in the Third Schedule.
Part II.—General Provisions as to Exportation of Canned Fruits.
(
a ) the Secretary is satisfied that the canned fruits have been prepared or manufactured for export in an establishment which is constructed, equipped and operated in an efficient and hygienic manner;(
b ) the conditions and restrictions specified in the First Schedule are complied with; and(
c ) the exporter has obtained an export permit in accordance with these Regulations in respect of the canned fruits.
(2.) The exportation of canned apples, canned apricots, canned blackberries, canned cherries, canned fruit salad (including tropical fruit salad), canned gooseberries, canned loganberries, canned peas, canned peaches, canned pears, canned pineapples, canned plums, canned prunes, canned quinces, canned raspberries, canned strawberries and canned tomatoes is prohibited, unless, in addition to complying with
the conditions and restrictions specified in the First Schedule, the canned fruits comply with the conditions and restrictions specified in the second column of the Second Schedule opposite to the name or description of one of the grades of the particular kind of canned fruits.
(3.) For the purposes of the Second Schedule, the number of halves, quarters, or whole pieces of fruit, as the case may be, required to be placed in a can shall apply to a 30 ounce can. Where a smaller or a larger can is used, the number shall be proportionately less or greater.
Part III.—Trade Descriptions.
(2.) This regulation shall apply to canned fruits which are imported into Australia and are not held in bond, unless the Secretary is satisfied that the canned fruits are not the produce or manufacture of Australia.
(2.) The trade description—
(
a ) shall be in the form of a principal label or brand affixed to the body of the can in a conspicuous and reasonably permanent manner;(
b )shall contain, in prominent and legible characters, a true description of the canned fruits, together with the word “Australia”, and may include in addition the name of the State in which the fruit was prepared and processed;(
c ) shall include one or both of the following particulars, namely:—(i) the name of the manufacturer or exporter;
(ii) the registered brand of the manufacturer or exporter:
Provided that the Secretary may, subject to such conditions as he thinks fit, permit the consignee’s name or brand to be included in the trade description in lieu of the registered brand of the manufacturer or exporter:
Provided further that where the manufacturer is not the exporter, the trade description shall include the manufacturer’s name or registered brand, unless the exporter sets forth in the notice of intention to export the name and address of the manufacturer; and
(
d ) shall specify the net weight or quantity of the canned fruits.
(3.) If the canned fruits are packed in 30 ounce cans, the name of the canned fruits shall be set out in the trade description in bold and legible characters not less than one-half inch long.
(4.) If the canned fruits are packed in cans larger or smaller than 30 ounce cans, the name of the canned fruits shall be set out in the trade description in bold and legible characters, the length of which shall bear such proportion to one-half inch as the number of ounces in the can bears to 30.
(5.) If any pictorial representation of fruit is included in the trade description, it shall be a representation of the kind of fruit contained in the cans to which the pictorial representation is applied.
(6.) The portion of the trade description indicating the grade of the canned fruits shall, unless the contrary intention appears, be in bold and legible letters at least one-quarter of an inch high.
(7.) The Secretary may permit a label approved by him and distinctive of a particular kind and grade of canned fruits to be applied to canned fruits of that kind and grade, and in that case it shall not be necessary for the trade description to include a description of the grade of the canned fruits.
Penalty: Fifty pounds.
Part IV.—Inspection and Examination.
Penalty: Fifty pounds.
(2.) In any proceedings for an
offence against the last preceding sub-regulation, a certificate signed by the
Secretary or an Assistant Secretary of the Department certifying that the
declaration was furnished in pursuance of the last preceding regulation, and
was made by the person by whom it purports to have been made, shall be
(3.) Judicial notice shall be taken of the signature to any certificate made under the last preceding sub-regulation, and of the fact that the person whose signature it purports to bear holds, or has held, the office of Secretary or Assistant Secretary of the Department.
(
a ) the canned fruits are marked in the prescribed manner with the prescribed trade description; and(
b )the officer is satisfied that the conditions and restrictions applicable under these Regulations in respect of the canned fruits have been complied with,
he shall sign the certificate at the foot of the notice of intention to export furnished in respect of the canned fruits, and the exporter shall be entitled to receive an export permit in accordance with Form 2 and a certificate as to the condition of the canned fruits in accordance with Form 3.
(2.) When the canned fruits are brought to a wharf for shipment, the exporter shall deliver the export permit to the officer of customs on duty at the ship by which the canned fruits are to be exported.
(
a )the canned fruits are not marked in the prescribed manner with the prescribed trade description; or(
b )the officer is satisfied that any condition or restriction applicable under these Regulations in respect of the canned fruits has not been complied with,
he may cancel the export permit and any certificate as to the condition of the fruit issued in respect of those canned fruits.
(2.) Where an export permit or certificate as to the condition of any canned fruits has been cancelled under the last preceding sub-regulation, the exporter shall, if so required by an officer, forthwith surrender the permit or certificate, as the case may be, to the officer.
Penalty: Fifty pounds.
Part V.—Registration of Brands.
(2.) The register of brands kept by the Secretary under the Regulations repealed by the Exports (General) Regulations shall be incorporated with and form part of the register under these Regulations.
Part VI.—Miscellaneous.
(2.) All persons appointed as
analysts for the purposes of the
(
a ) Where the analysis is made at the instance of an officer for departmental purposes, the certificate may be supplied upon payment of One shilling.(
b ) Where the analysis is made at the request of the exporter desirous of obtaining the certificate, the certificate may be supplied upon payment of Ten shillings and sixpence.
(2.) The time in respect of which the fee shall be charged shall include the time reasonably occupied by the officer in proceeding to and returning from the place where his attendance is required.
(3.) Where an officer is required to proceed on duty away from his ordinary station, the rate of charge to be made in respect of his services shall be fixed by the Minister.
FIRST SCHEDULE.
Reg. 6(1.)
CONDITIONS AND RESTRICTIONS TO BE COMPLIED WITH BY ALL CANNED FRUITS INTENDED FOR EXPORT.
(
a ) The cases shall be clean new cases constructed of well-seasoned softwood or hardwood which has been smoothly sawn or dressed in a manner approved by the Secretary, strapped with metal strapping or wire, and, in the opinion of the Secretary, sufficiently strong to withstand such handling as is ordinarily incidental to transport to destinations beyond the Commonwealth.(
b ) The cases shall be fibre board cases consisting of one piece of solid fibre board of not less than 100 point thickness constructed with outer face of .016, 100 lb. Mullen test. The fibre board shall be coloured and made waterproof, and the combined board shall have a Mullen test of not less than 275 lb. per square inch. The side flaps shall be securely riveted with coppered fiat wire and the cases shall, if considered necessary by the Secretary, be strapped with metal strapping or wire. The gross weight of the cases when packed shall not exceed 75 lb.
(
a ) for cans of less than 1 lb. net capacity—90 lb. substance, I.C.L. quality;(
b ) for cans of less than 2 lb. net capacity—95 lb. substance, I.C.L. quality; and(
c ) for cans of 2 lb. net capacity and over—108 lb. substance, I.C. quality.
“Minimum net contents of cans. in ounces. | Maximum number of cans packed in a case. | ||
8 |
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10 |
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16 |
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18 |
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20 |
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21 |
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24 |
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30 |
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32 |
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102 |
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(2.) If the canned fruits are to be exported to any country where the metric system of weights is the only system in operation, the net contents of each can may be one kilogramme, or some multiple of one kilogramme.
(
a ) in the case of apricots, pears, peaches, fruit salad (other than tropical fruit salad) and quinces—not less than 18 ounces of fruit;(
b ) in the case of cherries, gooseberries, plums, loganberries, raspberries, strawberries and blackberries—not less than 17 ounces of fruit; and(
c ) in the case of sliced pineapple—not less than 20 ounces of fruit.
(2.) Where a smaller or larger can is used the minimum weight of fruit in the can shall be proportionately less or greater.
SECOND SCHEDULE.
Regs. 6 (2.) and 10 (1.).
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third Column. Provisions relating to trade descriptions in addition to those contained in regulation 10. |
1. Apples — Choice Quality. |
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2. Apples —Standard Quality. |
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3. Apricots —Fancy Quality. |
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| 4. Apricots —Choice Quality. |
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Second Schedule—
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third Column. Provisions relating to trade description in addition to those contained in regulation 10. |
4. Apricots — Choice Quality— |
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5. Apricots — Standard Quality. |
4. The halves shall be sound, firm and ripe.
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6. Apricots — Standard Quality— Whole. |
2. The apricots shall be canned whole.
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7. Apricots — Second Quality. |
4. The colour shall be fairly good.
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Second Schedule—
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third Column. Provisions relating to trade descriptions in addition to those contained in regulation 10. |
8. Apricots — Second Quality packed in water. |
3. The colour shall be fairly good.
5. There shall be no added sugar. |
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9. Apricots — Pie Quality. |
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10. Blackberries—Fancy Quality. |
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11. Blackberries—Choice Quality. |
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12. Blackberries—Standard Quality. |
2. The blackberries shall be reasonably firm.
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Second Schedule—
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third Column. Provisions relating to trade descriptions in addition to those contained in regulation 10. |
13. Cherries —Fancy Quality. | 1. Each cherry shall be stemmed.
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14. Cherries — Choice Quality. | 1. Each cherry shall be stemmed.
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15. Cherries — Standard Quality. | 1. Each cherry shall be stemmed.
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16. Fruit Salad—Fancy Quality. |
3. The fruits shall be prepared as follows:—
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Second Schedule—
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third column. Provisions relating to trade descriptions in addition to those contained in regulation 10. |
16. Fruit Salad— Fancy Quality | The
fruits shall be prepared as follows:—
5. The pieces shall be of uniform size.
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17. Fruit Salad— Choice Quality. |
3. The pieces shall be of uniform size.
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18. Tropical Fruit Salad—Choice Quality. |
2. The fruits shall be prepared as follows:—
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Second Schedule—
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third Column. Provisions relating to trade descriptions in addition to those contained in regulation 10. |
18. Tropical Fruit Salad—Choice Quality— |
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19. Gooseberries— Fancy Quality. |
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20. Gooseberries—Choice Quality. |
| 1. The trade description shall include the words “Choice Quality”.
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21. Gooseberries—Standard Quality. |
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22. Loganberries—Fancy Quality. |
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Second Schedule—
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third Column. Provisions relating to trade descriptions in addition to those contained in regulation 10. |
23. Loganberries—Choice Quality. |
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24. Loganberries—Standard Quality. |
2. The loganberries shall be reasonably firm.
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25. Peas —Fancy Quality. |
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2. Only one variety shall be placed in each can or case.
4. The brine, where used, shall be clear. |
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26. Peas —Choice Quality. | 1. The peas shall comply with the provisions of paragraphs 1 and 2 of item 25.
3. The brine, where used, shall be clear. |
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27. Peas —Standard Quality. |
3. The brine, where used, shall be fairly clear. |
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Second Schedule—
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third Column. Provisions relating to trade descriptions in addition to those contained in regulation 10. |
28. Peaches—Fancy Quality. | 1. Only complete halves shall be used. 2. The skins shall be removed by lye solution.
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29. Peaches — Choice Quality. |
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30. Peaches — Standard Quality. |
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Second Schedule—
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third Column. Provisions relating to trade descriptions in addition to those contained in regulation 10. |
30. Peaches — Standard Quality— |
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31. Peaches—Second Quality. |
3. The colour shall be fairly good.
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32. Peaches—Second Quality in water. |
4. There shall be no added sugar. |
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Second Schedule—
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third Column. Provisions relating to trade descriptions in addition to those contained in regulation 10. |
33. Peaches — Fancy Quality Quartered. | 1. Only complete quarters shall be used. 2. The skins shall be removed by lye solution.
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34. Peaches — Choice Quality Quartered. |
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35. Peaches — Standard Quality Quartered. |
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36. Peaches — Pie Quality. | 1. The peaches shall not be mushy.
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Second Schedule—
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third Column. Provisions relating to trade descriptions in addition to those contained in regulation 10. |
37. Peaches —Fancy Quality Sliced. | 1. Only slices shall be used. 2. The skins shall be removed by lye solution.
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38. Peaches —Choice Quality Sliced. |
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39. Peaches —Standard Quality Sliced. |
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40. Pears —Fancy Quality. | 1. Only complete halves shall be used.
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Second Schedule—
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third Column. Provisions relating to trade descriptions in addition to those contained in regulation 10. |
41. Pears — Choice Quality. |
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42. Pears — Standard Quality. |
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Second Schedule—
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third Column. Provisions relating to trade descriptions in addition to these contained in regulation 10. |
42. Pears—Standard Quality— |
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43. Pears —Second Quality. |
3. The colour shall be fairly good.
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Second Schedule—
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third Column. Provisions relating to trade descriptions in addition to those contained in regulation 10. |
43. Pears — Second Quality — |
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44. Pears — Second Quality packed in water. |
3. The colour shall be fairly good.
5. There shall be no added sugar. |
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| 1. The pears shall be quartered or sliced.
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Second Schedule—
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third Column. Provisions relating to trade descriptions in addition to those contained in regulation 10. |
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48. Pineapples— Fancy Quality Sliced. |
3. The slices shall fit the can.
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49. Pineapples—Choice Quality Sliced. |
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Second Schedule—
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third Column. Provisions relating to trade descriptions in addition to those contained in regulation 10. |
50. Pineapples—Standard Quality Sliced. |
5. The can shall be filled with the fruit. |
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2. The colour and size shall be uniform.
5. The can shall be filled with the fruit. |
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2. The colour and size shall be uniform.
5. The can shall be filled with the fruit. |
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5. The can shall be filled with the fruit. |
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Second Schedule—
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third Column. Provisions relating to trade descriptions in addition to those contained in regulation 10. |
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2. It shall be of uniform colour and consistency.
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Second Schedule—
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third Column. Provisions relating to trade descriptions in addition to those contained in regulation 10. |
58. Pineapple Cores. |
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59. Plums — Fancy Quality. |
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60. Plums — Choice Quality. |
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61. Plums—Standard Quality. |
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62. Prunes — Choice Quality. | 1. The prunes shall be canned whole.
4. The prunes shall be uniform in size.
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Second Schedule—
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third Column. Provisions relating to trade descriptions in addition to those contained in regulation 10. |
63. Prunes—Standard Quality. |
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64. Quinces — Fancy Quality. |
3. The quinces shall be in slices or quarters.
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65. Quinces — Choice Quality. |
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66. Quinces — Standard Quality. |
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67. Raspberries—Fancy Quality. |
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Second Schedule—
First Column. Name or description of canned fruits and grades thereof. | Second Column. Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Third Column. Provisions relating to trade descriptions in addition to those contained in regulation 10. |
68. Raspberries—Choice Quality. |
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69. Raspberries—Standard Quality. |
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matter.
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71. Strawberries—Choice Quality. |
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Second Schedule—
First Column. | Second Column. | Third Column. |
Name or description of canned fruits and grades thereof. | Conditions and Restrictions to be complied with in addition to those specified in the First Schedule. | Provisions relating to trade descriptions in addition to those contained in regulation 10. |
72. Strawberries—Standard Quality. |
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73. Tomatoes—Fancy Quality. |
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74. Tomatoes—Choice Quality. |
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75. Tomatoes—Standard Quality. |
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THIRD SCHEDULE. Reg. 4 (2.).
Form 1. Reg. 13.
Commonwealth of Australia.
NOTICE OF INTENTION TO EXPORT.
……………………, 19...
To the Department of Commerce,
Port of..........................
Notice is hereby given that *I/*we intend to export ......................... as set out hereunder.
The ........................................... may be inspected at………………………
I hereby declare—
(
a ) that I am the *agent / *owner duly authorized by.................the owner of the ............specified hereunder;(
b ) that the conditions and restrictions applicable in respect of the ..............under the Exports (Canned Fruits) Regulations have been complied with; and(
c ) that the ............are marked in the prescribed manner with the prescribed trade description.
Statement of .......................................................... to be Exported.
Fruit or Vegetables. | Number of Packages. | Number of Cans per Case. | Net Weight of Cans. | Cypher Marks. | Year of Pack. | Label. | Shipping Marks. | Destination. | |
Kind. | Grade. | ||||||||
Export ship
Date of sailing
(Signature of agent or owner.)
...........................................................
(Witness to signature of agent or owner.)
Certificate of Inspecting Officer.
I hereby certify—
(
a ) that the ............referred to above are marked in the prescribed manner with the prescribed trade description; and(
b ) I am satisfied that the conditions and restrictions applicable to the ............under the Exports (Canned Fruits) Regulations have been complied with.
Inspecting Officer.
Form 2. Reg. 15.
Commonwealth of Australia.
EXPORT PERMIT.
Port of
Date , 19...
To the Officer of Customs,
................... Wharf.
The undermentioned *.............................. to be shipped per………………are marked in the prescribed manner with the prescribed trade description and the conditions and restrictions applicable under the Exports (Canned Fruits) Regulations in respect of the *……………have been complied with:—
Marks. | Exporters. | Variety of Fruit or Vegetables. | Quantity. |
Officer of the Department of Commerce.
Shipped the above goods.
.....................................
Officer of Customs.
Date............, 19......
Note.—This form is to be delivered by the exporter to the Officer of Customs at the export ship at the time the canned fruits or vegetables are brought for shipment, and to be returned by the Officer of Customs after shipment of the canned fruits or vegetables to the officer of the Department of Commerce.
Form 3. Reg. 15.
Certificate No................
Commonwealth of Australia.
CERTIFICATE AS TO CONDITION OF CANNED *............
This is to certify that........................... cases of……............branded................... and shipped per ss...............to..............on............, 19..., have been examined and found to be sound *..............preserved by immersion in syrup, fruit juice or water, and to contain no added substance except sugar, fruit juice or water, and that the conditions and restrictions applicable under the Exports (Canned Fruits) Regulations in respect of those canned *............. have been complied with.
Dated at................................ in the State of……................this.............……….day of.................., 19...
Officer of the Department of Commerce.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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