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

STATUTORY RULES.

1946. No. 107.

REGULATIONS UNDER THE CUSTOMS ACT 1901–1936 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905–1933.*

WHEREAS by section 112 of the Customs Act 1901–1936 it is provided that the Governor-General may, by regulation, prohibit the exportation of any goods—

(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 dairy produce, except subject to the conditions and restrictions prescribed by the Exports (Dairy Produce) Regulations, as amended 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 Customs Act 1901–1936 and the Commerce (Trade Descriptions) Act 1905–1933.

Dated this twenty-sixth day of June, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

W. J. SCULLY

Minister of State for Trade and Customs.

Amendments of the Exports (Dairy Produce) Regulations.  

Definitions.

1.  Regulation 5 of the Exports (Dairy Produce) Regulations is amended by inserting in sub-regulation (1.), after the definition “‘butter fat’ or ‘milk fat’”, the following definitions:—

“‘butter concentrate’ or ‘butter mix’ means the substance obtained by adding and blending small quantities of one or more of the constituents of milk with dry butter fat;

* Notified in the Commonwealth Gazette on 27th June, 1946.

Statutory Rules 1942, No. 287, as amended by Statutory Rules 1942, No. 363.

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“‘butter spread’ means the substance obtained by adding and blending small quantities of one or more of the constituents of milk with butter”.

Trade description.

2.  Regulation 12 of the Exports (Dairy Produce) Regulations is amended—

(a) by omitting the proviso to sub-regulation (1.);

(b) by omitting from paragraph (a) of sub-regulation (2.) the word “and” (last occurring);

(c) by inserting after paragraph (a) of that sub-regulation the following paragraph:—

“(aa) the weight specified in respect of tinned butter, butter concentrate, butter spread and margarine shall be the actual net weight of the contents of each tin and such weight shall be 4 ounces, 6 ounces, 12 ounces, 16 ounces, 24 ounces or 60 ounces, or multiples of one pound:

Provided that the Secretary may, subject to such conditions as he thinks fit, permit the export of butter, butter concentrate, butter spread or margarine in tins containing any other weights; and’;

(d) by omitting from paragraph (e) of sub-regulation (3.) the word “and” (last occurring); and

(e) by inserting after paragraph (e) of that sub-regulation the following paragraph:—

“(ea) in the case of tinned butter below first quality, the trade description shall include the words ‘cooking butter’ in lieu of the words ‘pure creamery butter’; and”.

Second Schedule.

3.  The Second Schedule to the Exports (Dairy Produce) Regulations is amended—

(a) by omitting clause (iii) of sub-paragraph (b) of paragraph 1 in the Second Column of Item 1 and inserting in its stead the following clause:—

“(iii) 2 parts per centum of salt:

Provided that—

(a) tinned butter may contain not more than 2.5 parts per centum of salt; and

(b) butter intended for export to a country in which the salt standard is more than 2 parts per centum may, with the approval of the Secretary, contain not more than 4 parts per centum of salt.”;

(b) by omitting from paragraph 9 in the Second Column of that Item all the words from and including the words “Subject to” to the words “complied with” and inserting in their stead the following words:—

“Subject to paragraph 10, the butter shall be packed in boxes which are of the type known as the wirebound butter box or the all-Kraft fibreboard box and in respect of which the following provisions are complied with:—

A.       Wirebound butter box.”.

(c) by inserting after clause (s) of paragraph 9 in the Second Column of that Item the following words:—

“B. All-Kraft fibreboard box.

(a) The material used in the making of the boxes shall be 100 per centum all-Kraft material of which not less than 40 per centum shall be imported Kraft.

(b) Each box shall be made of corrugated board known as single wall or double faced corrugated fibreboard consisting of two sheets of paper board known as liners or liner board pasted one on each side of a corrugated sheet of fibreboard known as fluting thereby making a combined board.

(c) The combined board shall have a mullen bursting strength of not less than 400 pounds to the square inch.

(d) The liner boards shall measure 0.024 calipers in thickness.

(e) The fluting shall measure 0.010 calipers in thickness and shall be what is known as “B” fluting with 52 corrugations to the foot and one eighth of an inch high in the fluting.

(f) The sealing tape for closing the box shall be of gummed Kraft paper approved by the Secretary.

(g) The inside measurements of each box shall be as follows: —

Length—12¼ inches:

Width—12 inches; and

Depth—11inches.

(h) A box into which any butter has previously been packed shall not be used again for the same purpose.”;

(d) by inserting after Item 1 the following Items:—

1a. Butter concentrate or butter mix

1. Butter concentrate or butter mix shall contain—

(a) not less than 88 parts per centum of butter fat; and

(b) not more than—

(i) 5 parts per centum of skim milk powder;

(ii) 3 parts per centum of salt;

(iii) 0.6 parts per centum of moisture;

(iv) 0.15 parts per million of copper;

(v) 1 part per million of diacetyl; or

(vi) 1 unit of total gas index.

2. Butter concentrate or butter mix shall not contain any ingredient foreign to milk other than such vegetable colouring matter as, in the opinion of the Secretary, is harmless:

Provided that hardened butter concentrate or butter mix may contain 5 parts per centum of hydrogenated vegetable oils or animal fats, and shall have a melting point of not less than 100° Fahrenheit.

3. Butter concentrate or butter mix shall not be—

(a) rancid;

(b) graded at less than 90 points; or

(c) in the opinion of the officer by whom it is inspected and examined, unfit for export.

“1b. Butter spread

1. Butter spread shall contain—

(a) not less than 60 parts per centum of butter fat; and

(b) not more than—

(i) 30 parts per centum of water;

(ii) 6 parts per centum of milk protein;

(iii) 3 parts per centum of lactose;

(iv) 2 parts per centum of salt (sodium chloride); or

(v) 2 parts per million of diacetyl.

2. Butter spread shall not contain any ingredient foreign to milk other than salt, small amounts of flavouring substances approved by the Secretary or such vegetable colouring matter as, in the opinion of the Secretary, is harmless:

Provided that—

(a) butter spread may contain not more than 2.5 parts per centum of emulsifying and stabilising agents approved by the Secretary; and

(b) butter spread intended for export to a country which permits the use of preservatives may contain not more than 0.2 parts per centum of boric acid preservative.

3. Butter spread shall not be—

(a) rancid;

(b) graded at less than 90 points; or

(c) in the opinion of the officer by whom it is inspected and examined, unfit for export.

(e) by adding at the end of paragraph 14 in the Second Column of Item 3 the words “and not more than 0.1 parts per centum of lactose”;

(f) by inserting after paragraph 8 in the Second Column of Item 6 the following paragraph:—

“8a. In the case of dried whole egg it shall have a uniform yellow colour and a uniform smooth texture free from lumps’;

(g) by omitting clause (a) of paragraph 9 in the Second Column of that Item and inserting in its stead the following clause:—

“(a) In the case of dried whole egg—

(i) Not more than 6 parts per centum of moisture.

(ii) Not more than 0.15 parts per centum of insoluble solids.

(iii) Not less than 35 parts per centum of fat as determined by extraction by ether in a soxhlet apparatus.

(iv) The acidity of the extracted fat shall not exceed 3 millilitres of 0.05 normal sodium ethylate per gramme of the ether extract (A.O.A.C. method)”;

(h) by adding at the end of paragraph 7 in the Second Column of Item 7 the following proviso:—

“Provided that the overall measurements of the tins may be varied with the approval of the Secretary”;

(i) by omitting from paragraph 2 in the Second Column of Item 14 the figures “10” and inserting in their stead the figure “7”;

(j) by omitting from paragraph 7 in the Second Column of that Item the figure “7” and inserting in its stead the figure “5”; and

(k) by adding at the end of paragraph 8 in the Second Column of that Item the words “and not more than 5 parts per centum of moisture”.

Fifth schedule.

4.  The Fifth Schedule to the Exports (Dairy Produce) Regulations is amended by omitting from Form 7 the columns headed “14 lb. per ten dozen eggs” and “16 lb. per ten dozen eggs”, respectively.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

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