Exports (Dried 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 dried 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 (DRIED FRUITS) REGULATIONS.
Part I.—Preliminary.
Part I.—Preliminary.
Part II.—General Provisions as to Exportation of Dried Fruits.
* Notified in the
Commonwealth Gazette on , 1937.1294.—12/4.6.1937.—Price 1s. 3d.
Part III.—Trade Descriptions.
Part IV.—Supervision, 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 29 of these Regulations, or for the purposes of the
Customs Act 1901-1936;“appointed place” means a place appointed under regulation 16 of these Regulations to be a place where dried fruits intended for export may be inspected and examined, and includes any wharf at which any dried fruits are to be shipped and any ship used, or intended to be used, for the conveyance for export of dried fruits;
“bold”, in relation to fruit, means that the fruit is large, fleshy and full-bodied;
“coverings” means all the principal coverings in which dried fruits are contained;
“currants” means dried fruits which are produced solely from currant grapes;
“disease” means any abnormal condition of or in dried fruits, and includes any condition arising from the presence of, or caused by, or due to, the operations, development, growth or decay of any insect or fungus;
“export establishment” means an export establishment registered as such in accordance with these Regulations or in accordance with any State law and includes the drying greens and drying racks at that establishment;
“fresh”, in relation to dried fruits, means that the dried fruits are the produce of the latest crop, and that the condition of the dried fruits has not been materially impaired by age or other cause;
“immediate container” means any carton, jar, bottle, can, tin, cellophane or other wrapping, which contains dried fruits;
“lexias” means dried fruits produced solely from dipped White Muscatel and Waltham Cross (sometimes called Malaga) grapes;
“muscatels” means dried fruits produced solely from undipped White Muscatel grapes;
“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 Commerce (General Exports) 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;“seedless lexias” means dried fruits which are produced solely from dipped White Muscatel and Waltham Cross grapes;
“seedless muscatels” means dried fruits which are produced solely from undipped White Muscatel grapes;
“State” includes any Territory under the authority of the Commonwealth;
“ sultanas” means dried fruits produced solely from sultana grapes;“table or dessert raisins” means dried fruits produced solely from undipped White Muscatel or Waltham Cross grapes;
“the Department” means the Department of Commerce;
“the Minister” means the Minister of State for Commerce;
“the Secretary” means the Secretary of the Department;
“walthams” means dried fruits produced solely from Waltham Cross (sometimes called Malaga) grapes.
(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.
(
a ) ships’ stores brought to or shipped in Australia; or(
b ) any parcel of dried fruits not exceeding five pounds in weight exported by post.
Part II.—General Provisions as to Exportation of Dried Fruits.
(2.) If the Secretary is satisfied that the premises are constructed, equipped and operated in an efficient and hygienic manner he may, in his discretion, register the premises as an export establishment.
(3.) The registration of an export establishment shall remain in force until such time as it is cancelled by the Secretary or the premises cease to be used for the receipt, processing, packing and storage of dried fruits.
(4.) A certificate in accordance with Form 2, signed by the Secretary, or any officer authorized in that behalf by the Secretary, shall be evidence of the facts therein stated.
(
a ) The establishment shall be of such a nature as to minimise, as far as possible, any harbourage for insects or any contamination of the dried fruits by foreign substances during the operations of stacking, handling, loading, stemming, processing or grading.(
b ) The establishment shall be so constructed as to admit sufficient light for the purposes of efficient inspection and for the operations of the packing shed.(
c ) The establishment shall be ventilated in a manner approved by an officer.(
d ) The floors of the establishment shall be constructed of concrete or other suitable material, which shall be impervious to insects and permit of rapid and effective cleansing.(
e ) The establishment shall be properly drained, and the arrangements for the disposal of the drainage shall be subject to the approval of an officer.(
f ) Facilities satisfactory to an officer shall be provided at the establishment for the removal of dust and the collection of screenings, and the facilities shall be so operated as to remove the dust and screenings during processing.(
g ) Adequate provision shall be made to ensure that a sufficient supply of water is always available in any part of the establishment.(
h ) The establishment shall, prior to the commencement of each season, and at such other times (if any) as an officer considers necessary, be cleansed throughout. The walls shall be sprayed with an insecticide approved by an officer, and when dry shall, if considered necessary by an officer, be whitewashed. Alternatively, the establishment shall be fumigated with hydrocyanic acid or other gas approved by an officer. The cleansing, spraying, whitewashing or fumigation shall be carried out to the satisfaction of an officer.(
i ) At least once during each week during the season, the floors shall be cleansed of all fruit debris and washed out and sprayed with an approved insecticide.(
j ) The premises and immediate surroundings shall be kept free from all fruit debris, waste dried fruits and screenings, which shall at least once each week during the season be burnt or otherwise disposed of.(
k ) During the continuance of the season all machinery shall be thoroughly cleansed of all dried fruit debris—(i) during any period when any one kind only of dried fruit is being processed, at least twice weekly at intervals of not more than three days, and at any cessation of work if that cessation will be for more than three days;
(ii) immediately after the processing of any one kind of dried fruit has been completed, and before any other kind of dried fruit is passed through the machinery; and
(iii) as frequently as an officer considers necessary when showell processing machines are used.
(
l ) The low grade fruits and screenings awaiting processing shall be stored in a place approved by an officer, and shall be processed when an officer so directs.(
m ) The owner or occupier of the establishment shall keep such samples of dried fruits as an officer from time to time directs, and shall produce the samples for inspection when required by an officer.
(2.) The owner or occupier of every export establishment shall provide suitable office accommodation for the exclusive use of any officer employed at that export establishment.
(2.) The exportation of dried apples, dried apricots, currants, lexias, dried muscatels, walthams, dried nectarines, dried peaches, dried pears, prunes and sultanas is prohibited unless, in addition to complying with the conditions and restrictions specified in the First Schedule, the dried 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 dried fruits.
(3.) The exportation of buck currants is prohibited.
Part III.—Trade Descriptions.
(2.) This regulation shall apply to dried fruits which are imported into Australia, and are not held in bond, unless the Secretary is satisfied that the dried fruits are not the produce or manufacture of Australia.
(
a ) It shall be in the form of a principal label or brand affixed to the coverings containing the dried fruits, in a prominent position and in a conspicuous and reasonably permanent manner.(
b ) Where the dried fruits are packed in immediate containers, it shall be sufficient if the portion of the trade description relating to the grade of the dried fruits is set out on the cases containing the immediate containers.(
c ) It shall contain, in prominent and legible characters, a true description of the dried fruits, together with the word “Australia”, and may include in addition the name of the State in which the dried fruits were produced.(
d ) It shall include one or both of the following particulars, namely:—(i) the name of the producer, packer or exporter;
(ii) the registered brand of the producer, packer or exporter:
Provided that the Secretary may, subject to such conditions as he thinks fit, permit the consignee’s brand to be included in the trade description in lieu of the registered brand of the producer, packer or exporter:
Provided further that where the producer or packer is not the exporter, the trade description shall include the producer’s or packer’s name or registered brand, unless the exporter sets forth in the notice of intention to export the name and address of the producer or packer.
(
e ) It shall state that the dried fruits are sound, clean and fresh.(
f ) It shall contain the name of the dried fruits set out in bold and legible characters, and if any pictorial representation of fruit is included in the trade description, that representation shall be a representation of the kind of dried fruits contained in the covering to which the pictorial representation is applied.
(2.) The Secretary may permit cypher marks not less than ¾ inch in length approved by him to be included in the trade description instead of that portion of the trade description relating to the grade of the dried fruits.
Penalty: Fifty pounds.
Part IV.—Supervision, Inspection and Examination.
(2.) Where the services of an officer are made available in pursuance of an application under this regulation, the applicant shall pay to the Department the sum of Three shillings for each hour during which the officer is engaged in supervising the preparation of the dried fruits, and, in addition, in any case where the amount so payable is exceeded by the expenses incurred by the Department in supplying the services of the officer, the Minister may require to be paid, and if the Minister so requires, the applicant shall pay, a sum equal to the amount of the excess.
(2.) In exercising his powers under this regulation, the Secretary may limit the appointment of any place to the inspection and examination of any particular dried fruits or class of dried fruits, or may attach to the appointment any other condition or restriction.
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 bolds, or has held, the office of Secretary or Assistant Secretary of the Department.
(
a ) the dried 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 dried fruits have been complied with,
he shall sign the certificate at the foot of the notice of intention to export furnished in respect of those dried fruits, and the exporter shall be entitled to receive an export permit in accordance with Form 4 and a certificate as to the condition of the dried fruits in accordance with Form 5.
(2.) When the dried 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 dried fruits are to be exported.
(
a ) the dried 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 has not been complied with,
he may cancel the export permit and any certificate as to the condition of the dried fruits issued in respect of those dried fruits.
(2.) Where an export permit or certificate as to tire condition of any dried 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. 9 (1.)
CONDITIONS AND RESTRICTIONS TO BE COMPLIED WITH BY ALL DRIED FRUITS INTENDED FOR EXPORT.
(
a ) The drying ground and drying racks and the immediate surroundings thereof shall (except in the case of those materials in actual use in the drying of the fruit) be free from materials capable of harbouring insect pests.(
b ) The fruit on the drying grounds and drying racks shall be protected from contamination by insects, insect refuse and other foreign substances.(
c ) The dried fruits shall be packed at an export establishment.(
d ) Immediately prior to the commencement of each packing season, all second-hand hessians, sweat boxes, drying trays and packing boxes shall be—(i)immersed for not less than five minutes in water heated to a temperature of not less than 150 degrees Fahrenheit; or
(ii) treated with a steam jet.
(
e ) All dried fruits (except prunes, apricots and unpeeled peaches) shall be delivered to an export establishment in wooden containers only.(
f ) The fruit shall be covered with a tarpaulin, hessian or other suitable covering as a protection against dirt and dust whilst being conveyed to an export establishment on any vehicle.(
g ) Any fruit which is unfit for processing for human consumption or for packing shall not be received into an export establishment, and an officer shall have power at any time to order the removal of any such fruit.(
h ) Fruit received for packing, subject to cleansing treatment by water or oil preparations, shall be conspicuously marked as such on the containers on acceptance at the export establishment.(
i ) Immediately after the completion of each drying season, all drying racks shall be cleansed of fruit or debris, which shall be burnt or disposed of in such manner as an officer directs.
(
a ) contained in cases or containers which are suitable in respect of size, nature, durability and cleanliness; and(
b ) not likely, for any other reason, to arrive at their destination in a deteriorated condition.
First Schedule—
Provided that sulphur dioxide to an extent not greater than 2,000 parts per million may be contained in dried apricots, dried peaches, dried nectarines, dried apples and dried pears, and to an extent not greater than 750 parts per million in lexias, seedless lexias and sultanas.
(
a ) The dried fruits shall (whether enclosed or not enclosed in immediate containers, such as closed tins, jars or cartons) be packed in clean, new cases constructed of well-seasoned softwood or hardwood that has been smoothly sawn or dressed in a manner approved by the Secretary. The cases shall, in the opinion of the Secretary, be sufficiently strong to withstand such handling as is ordinarily incidental to transport to destinations beyond the Commonwealth.(
b ) The cases shall, where the weight of the contents exceeds 30 pounds, be strapped with metal strapping or wore. Cases shall also be strapped where the weight of the contents is 30 pounds or less if the Secretary is of opinion that strapping is necessary for safe transport.(
c ) Cases containing more than 30 pounds of dried fruits shall, in addition to complying with sub-paragraphs (a ) and (b ) of this paragraph, have end boards not less than 5/8 inch thick, and sides, tops and bottoms made of boards not less than 5/16 inch thick when softwood is used, and not less than 1/4 inch thick when hardwood is used.(
d ) Cases containing 30 pounds or less of dried fruits shall, in addition to complying with sub-paragraphs (a ) and (b ) of this paragraph, have end boards not less than ½ inch thick, and side boards not less than 5/16 inch thick when softwood is used, and not less than 1/4 inch thick when hardwood is used. The lids and bottoms shall be made of boards not less than 1/4 inch thick.(
e ) Each case shall contain one kind and one variety of dried fruit only, and the net contents of a case shall be 7 pounds or 10 pounds, or a number of pounds which is a multiple of 7 or 10, up to a maximum of 60 pounds:Provided that where dried fruits are packed in immediate containers, such as tins, jars or cartons, each case shall contain one kind and one variety of fruit only, packed in immediate containers of uniform size, the net contents of which shall be 8 ounces, 12 ounces, 1 pound, 2 pounds, 5 pounds, 7 pounds or 10 pounds:
Provided further that the Secretary may permit more than one kind of dried fruit packed in tins, jars or cartons to be included in a case.
(
f ) Where dried fruits are contained in a tin, jar or carton, the design, dimensions and nature of the tin, jar or carton shall be approved by the Secretary.(
g ) The labels and markings on immediate containers of dried fruits shall be approved by the Secretary.(
h ) Cases containing dried fruits which are not enclosed in immediate containers shall be completely lined with grease proof paper.(
i ) Figures indicating the day, month and year of packing shall be placed on the end of the case or immediate container.
SECOND SCHEDULE.
Regs. 9 (2.) and 12.
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THIRD SCHEDULE. Reg. 4 (2.).
Form 1.
No.............. Reg. 6.
Commonwealth of Australia.
APPLICATION FOR REGISTRATION OF EXPORT ESTABLISHMENT.
To the Secretary,
Department of Commerce,
Canberra,
I [or We]*................................................................................................................................................................
of .........................................................................................................................................................................................
hereby apply in pursuance of the Exports (Dried Fruits) Regulations
for the registration of the ‡...............................................................................................................................................
situated at............................................................ in the State of.............................................................. as an Export
Establishment for the receipt, processing, packing and
storage of dried fruits intended for export, and I [
(
a ) that the of the said premises; and
(
b ) that the said premises are constructed, equipped and operated in an efficient and hygienic manner.Dated this...................................... day of............................................. , 19...
Signature (s) of applicant (s).
Form 2. Reg. 6.
Registration No.........................
Commonwealth of Australia.
CERTIFICATE OF REGISTRATION OF EXPORT ESTABLISHMENT.
This is to certify that, in pursuance of the Exports (Dried Fruits) Regulations, the premises situated at in the State
of....................................................................... and by................................................................ have been
registered as an Export Establishment for the receipt, processing, packing and storage of dried fruits intended for export.
Dated this......................................................... day of..................................................... , 19...
Secretary, Department of Commerce.
Third
Schedule-
Form 3. Reg. 19.
Commonwealth of Australia.
NOTICE OF INTENTION TO EXPORT.
To the Department of Commerce,
Port of..................................
Notice is hereby given that intend to export dried fruits as set out hereunder.
The dried fruits have been delivered to the appointed place at...................................................................
and may be inspected on...............................................................................
I hereby declare—
(
a ) that I am the duly authorized by..........................the owner of the dried fruits specified hereunder;(
b ) that the conditions and restrictions applicable in respect of the dried fruits under the Exports (Dried Fruits) Regulations have been complied with; and(
c ) that the dried fruits are marked in the prescribed manner with the prescribed trade description.
Statement of Dried Fruits to be Exported.
Variety of Fruit. | Grade or Cypher Mark. | Year of Pack. | Brands. | Truck Number. | Number of Packages. | Net. Weight. |
Export ship..........................................................................................
Date of sailing.....................................................................................
Destination..........................................................................................
(Signature of agent or owner.)
(Witness to signature of agent or owner.)
Certificate of Inspecting Officer.
I hereby certify—
(
a ) that the dried fruits referred to above are marked in the prescribed manner with the prescribed trade description; and(
b ) that I am satisfied that the conditions and restrictions applicable to the dried fruits under the Exports (Dried Fruits) Regulations have been complied with.
Inspecting Officer.
/19
Third
Schedule—
Form 4. Reg. 21.
Commonwealth of Australia.
EXPORT PERMIT.
Port of
Date 19
To the Officer of Customs,
...................................... Wharf.
The under mentioned dried fruits to be shipped per...................................................................... are marked in the prescribed manner with the prescribed trade description and the conditions and restrictions applicable under the Exports (Dried Fruits) Regulations in respect of the dried fruits have been complied with:—
Marks. | Exporter. | Variety of Dried Fruits. | Quantity. | |
Number of Cases. | Weight. | |||
Officer of the Department of Commerce.
Shipped the above dried fruits.
......................................... 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 dried fruits are brought for shipment, and to be returned by the Officer of Customs after shipment of the dried fruits to the examining officer.
——————
Form 5. Reg. 21.
Commonwealth of Australia.
CERTIFICATE AS TO CONDITION OF DRIED FRUITS.
This is to certify that..................................................... cases of........................................................... branded
..................................................... and shipped per SS................................................. to................................................. on
........................................................................... 19..., have been examined and found to be sound, clean and fresh, and the conditions and restrictions applicable under the Exports (Dried Fruits) Regulations in respect of those dried fruits have been complied with.
Dated at......................................................... in the State of............................................ the...................................
day of............................. ,19...
Officer of the Department of Commerce.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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