Exports (Dairy Produce) Regulations (Amendment) (Cth)

STATUTORY RULES.

1958. No.11

REGULATIONS UNDER THE CUSTOMS ACT 1901-1957 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1950.*

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 1901-1957 and the Commerce (Trade Descriptions) Act 1905-1950.

Dated this 14th

day of February, 1958.

W.J. SLIM

Governor-General.

By His Excellency’s Command,

(SGD.) WILLAM McMAHON

Minister of State for Primary Industry and for and on behalf of the Minister of State for Customs and Excise.

Amendments of the Exports (Dairy Produce) Regulations. 

Interpretation

1. Regulation 4 of the Exports (Dairy Produce) Regulations is amended—

(a) by omitting from the definition of “registered word” in sub-regulation (1.) the words “butter or on eggs in shell or egg products” and inserting in their stead the words “butter, cheese, eggs in shell or egg products”; and

(b)by omitting from that sub-regulation the definition of “the Approved for Export Stamp” and inserting in its stead the following definition:—

“the Approved for Export Stamp” means a stamp in accordance with the following design:—

* Notified in the Commonwealth Gazette on 20th February , 1958.

  Statutory Rules 1955, No. 18, as amended by Statutory Rules 1955, No. 37; 1956, Nos.

12 and 119; and 1957, Nos. 19 and 45.

6645/57.—Price 9/23.1.1958.

Trade description.

2. Regulation 10 of the Exports (Dairy Produce) Regulations is amended by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(2.) Where the trade description is applied to the immediate containers of dairy produce intended for export, the Secretary may, subject to such conditions as he considers necessary, permit the particulars referred to in paragraphs (d) and (e) of the last preceding sub-regulation to be marked by a code mark.

“(3.) Subject to the next succeeding sub-regulation, the trade description appearing on immediate containers of dairy produce shall, in addition to the particulars specified in accordance with sub-regulation (1.) of this regulation, contain the name, the registered brand or both the name and the registered brand of the manufacturer, producer or exporter.

“(3a.) The Secretary may, subject to such conditions as he considers necessary, permit the trade description to contain the name or brand of the consignee instead of the particulars referred to in the last preceding sub-regulation.”.

Registration of export establishments.

3. Regulation 13 of the Exports (Dairy Produce) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) The Secretary shall allot a number to each of the premises so registered, and, where the premises are registered in respect of butter, cheese, eggs in shell or egg products, may allot a word for use on choicest quality butter, cheese, eggs in shell or egg products, as the case requires.”.

Notice of intention to export, and declaration.

4. Regulation 17 of the Exports (Dairy Produce) Regulations is amended by omitting from sub-regulation (2.) the words “Form 7 or Form 8” and inserting in their stead the words “Form 7, Form 7a, Form 7b or Form 8”.

Second Schedule— item 1.

5. Item 1. of the Second Schedule to the Exports (Dairy Produce) Regulations is amended—

(a) by omitting sub-paragraph (e) of paragraph 7. in the second column and inserting in its stead the following subparagraph:—

“(e) except in the case of whey butter, contain any milk fat derived from whey.”;

(b)by inserting after paragraph 10. in the second column the following paragraph:—

“10a. Where the butter is packed in pat form, the wraps shall be of pure vegetable parchment paper or other material approved by the Secretary.”;

and

(c) by omitting from paragraph 12. in the second column the words “exported to an Eastern destination”.

Second Schedule—item 5.

6.Item 5. of the Second Schedule to the Exports (Dairy Produce) Regulations is amended—

(a) by omitting paragraph 19. in the second column and inserting in its stead the following paragraph:—

“19. Australian Processed Gruyere Cheese shall contain not more than 45 parts per centum of water and not less than 45 parts per centum of milk fat in the water-free substance.”;

(b) by omitting from paragraph 24. the words “to Great Britain”;

(c) by omitting from sub-paragraph (m) of paragraph 24. the word “The” and inserting in its stead the words “Except in the case of cheese that has been waxed, the”;

(d)by omitting paragraph 26. and inserting in its stead the following paragraph:—

“26. Subject to the next succeeding paragraph, cheese (other than 40 pound and 80 pound cheeses packed in crates in accordance with paragraph 24.) shall be packed in crates, cases or other outer containers approved by the Secretary and the cheese shall be packed in a manner approved by the Secretary.”;

(e) by omitting from sub-paragraph (d)of paragraph 1. in the third column the words “one inch high” and inserting in their stead the words “¾ inch high”;

(f) by inserting after paragraph 1. in the third column the following paragraph:—

“1a. The trade description may include a registered word, which shall be placed immediately above the trade description and shall be in condensed type sans serif capital letters i inch high and 1/16 inch thick. A letter shall not be more than ⅜ inch wide and the letters shall be spaced ⅛inch apart.”;

(g)by omitting from paragraph 6. in the third column the words “The trade description” and inserting in their stead the words “Subject to the next succeeding paragraph, the trade description”; and

(h) by adding after paragraph 6. in the third column the following paragraph:—

“7. The trade description to be applied to Australian Whole Milk Cheddar Cheese shall be in accordance with the design set out in the Seventh Schedule.”.

Second Schedule—item 9.

7. Item 9. of the Second Schedule to the Exports (Dairy Produce) Regulations is amended—

(a) by omitting paragraph 11. in the second column; and

(b) by omitting paragraph 2. in the third column.

Second Schedule—item 13.

8. Item 13. of the Second Schedule to the Exports (Dairy Produce) Regulations is amended—

(a) by omitting sub-paragraph (c) of paragraph 1. in the second column and inserting in its stead the following sub-paragraph:—

“(c) milk fat in excess of 10 parts per centum of the fat content;”;

(b) by omitting sub-paragraph (b) of paragraph 4. in the second column and inserting in its stead the following subparagraph:—

“(b)free fatty acid in excess of .15 parts per centum of the fat content, and”;

and

(c) by adding after paragraph 4. in the second column the following paragraphs:—

“5. A container in which margarine (other than tinned margarine) is packed shall be lined with pure dry vegetable parchment paper, or other material approved by the Secretary, in such manner as to preclude the margarine coming into contact with the container. Where the margarine is in pat form, the wraps shall be of pure vegetable parchment paper or other material approved by the Secretary.

“6. A container into which margarine (other than tinned margarine) is packed shall conform—

(a)to the standard specification adopted by the Standards Association of Australia for fibre-board containers for butter; or

(b)where the containers are constructed of timber—to the. standard required by these Regulations for containers into which butter is packed.”.

Second Schedule—item 17.

9. Item 17 of the Second Schedule to the Exports (Dairy Produce) Regulations is amended—

(a) by omitting from sub-paragraph (b)of paragraph 1. in the third column the words “(or ‘Non Fat Milk Solids’)” and inserting in their stead the words “(‘Non Fat Milk Solids’ or ‘Non Fat Milk Powder’)”; and

(b) by omitting paragraph 2. in the third column.

Second Schedule—item 18.

10. Item 18 of the Second Schedule to the Exports (Dairy Produce) Regulations is amended by inserting after paragraph 1. in the second column the following paragraph:—

“1a. The milk shall be pasteurized or sterilized.”.

Third Schedule.

11. The Third Schedule to the Exports (Dairy Produce) Regulations is amended—

(a) by omitting from the third column of the Table in paragraph 1. opposite to the words “Margarine (other than tinned margarine)” the words “Not exceeding 15 degrees Fahrenheit” and inserting in their stead the words “Not exceeding 40 degrees Fahrenheit”;

(b) by omitting from paragraph 2. the words “or margarine”; and

(c) by omitting clause (e) of sub-paragraph (2.) of paragraph 3. and inserting in its stead the following clause:—

“(e) in the case of margarine—40 degrees Fahrenheit or under.”.

Sixth Schedule

12.—(1.) The Sixth Schedule to the Exports (Dairy Produce) Regulations is amended by omitting Forms 7 and 8 and inserting in their stead the following forms:—

Form 7. Reg. 17.

Commonwealth of Australia.

Exports (Dairy Produce) Regulations.

SHIPPING LIST—DAIRY PRODUCE OTHER THAN BUTTER, CHEESE AND EGGS IN SHELL.

To the Department of Primary Industry,

I hereby apply for authority to remove from store for exportation the DAIRY PRODUCE specified hereunder:—

Port of..................................................... State of....................................................

Cool Store............................................... Export Ship.............................................

Destination............................................... Sailing on................................................

Description. Brand. Registered No. No. of Packages. Date of Manufacture or Code Mark. Grade. Points. Certificate No.

...............................................

Signature of Exporter.

/

/19 .

Form 7a. Reg. 17.

Commonwealth of Australia.

Exports (Dairy Produce) Regulations.

SHIPPING LIST—BUTTER.

To the Department of Primary Industry,

I hereby apply for authority to remove from cool store for exportation the BUTTER specified hereunder:—

Port of..................................................... State of....................................................

Cool Store.............................................. Export Ship............................................

Destination............................................... Sailing on................................................

    

Date of Storage.	Registered Est. No.	No. of Boxes and Grade.*				Certificate No.	Points.
		Choice.	First.	Second.	Pastry.

* Indicate if butter is unsalted.

...............................................

Signature of Exporter.

/

/19 .

Form 7b. Reg. 17.

Commonwealth of Australia.

Exports (Dairy Produce) Regulations.

SHIPPING LIST—CHEESE.

To the Department of Primary Industry,

I hereby apply for authority to remove from cool store for exportation the CHEESE specified hereunder:—

Port of..................................................... State of...................................................

Cool Store.............................................. Export Ship............................................

Destination............................................... Sailing on................................................

Date of Storage.	Registered Est. No.	No. of Crates.*	Grade.	Certificate No.	Points.	Weights.
						Crate Numbers.	Total Marked Weight. lb.

* Indicate if cheese is white or coloured, doubles or singles, waxed or unwaxed.

...............................................

Signature of Exporter.

/

/19 .

Form 8. Reg. 17.

Commonwealth of Australia.

Exports (Dairy Produce) Regulations.

SHIPPING LIST—EGGS IN SHELL.

To the Department of Primary Industry,

I hereby apply for authority to remove from cool store for exportation the EGGS specified hereunder:—

Port of..................................................... State of....................................................

Cool Store............................................... Export Ship............................................

Destination.............................................. Sailing on................................................

Registered Est. No.	Date Delivered to Cool Store.	Number of Cases Containing Eggs Weighing per Ten Dozen Eggs.			Total No. of Packages.	Certificate No.
		.........lb.	.........lb.	.........lb.

...............................................

Signature of Exporter.

/

/19 .

(2.) The Sixth Schedule to the Exports (Dairy Produce) Regulations is amended—

(a) by omitting from Form 12 the word “cheese” and inserting in its stead the word “butter”; and

(b)by omitting from Form 14 the words “boxes of butter” and inserting in their stead the words “crates of cheese”.

Seventh Schedule.

13. The Exports (Dairy Produce) Regulations are amended by adding at the end thereof the following Schedule:—

SEVENTH SCHEDULE.

DESIGN TO BE APPLIED TO AUSTRALIAN WHOLE MILK CHEDDAR CHEESE EXPORTED.

The trade description shall be printed on both ends of the container in blue ink in accordance with the following design:—

The design shall comply with the following specifications:—

(1.) The ellipse shall measure 9 inches by 64 inches overall and shall measure one inch from the outer to the innermost line.

(2.) The outer line of the ellipse shall be 3/32 inch thick. The inner line of the ellipse shall be 1/32 inch thick.

(3.) The map of Australia shall measure 5 inches across and the outline of the map shall be ⅛ inch thick.

(4.) The word “Australia” shall be in letters ¾ inch high and ⅛ inch thick.

(5.) The letters “Regd. No.” shall be in letters 9/16 inch high and 3/32inch thick with the exception of the letters “d” and “o” which shall be ⅜ inch high and 1/16 inch thick.

(6.) The words “Whole Milk Cheddar Cheese” and the letters “lb. net” shall be in letters 9/16 inch high and 3/32 inch thick.

(7.) The registered number of the export establishment shall appear in the space marked “A” in figures ⅞inch high and ⅛ inch thick.

(8.) The net weight shall appear in the space marked “B” in figures i inch high and ⅛ inch thick.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.