Exports (Fish) Regulations (Amendment) (Cth)
Statutory Rules
1975 No. 170
REGULATIONS UNDER THE CUSTOMS ACT 1901-1975 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1973.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Customs Act 1901-1975 and the Commerce (Trade Descriptions) Act 1905-1973.
Dated this twenty-fifth day of August, 1975.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
K. S. WRIEDT
Minister of State for Agriculture and for and on behalf of the Minister of State for Police and Customs.
Amendments of the Exports (Fish) Regulations
Interpretation.
1. Regulation 3 of the Exports (Fish) Regulations is amended—
(a) byinserting in sub-regulation (1) before the definition of “ aircraft’s stores ” the following definition:—
“ ‘ abalone ’ means fish of the genera Notohaliotis, Schismotis and Marinauris;”;
(b) by inserting in sub-regulation (1) after the definition of “ approved for export stamp ” the following definitions:—
“ ‘ broken shrimp ’ means a shrimp that consists of less than 5 segments, a shrimp from which the tail fan is absent or a shrimp the tail fan of which is damaged;
‘ butterfly ’, in relation to shrimp, means a shrimp fantail that has been split, de-veined and laid open;
‘ catcher vessel ’ means a vessel that delivers fish taken with the use of that vessel to an export establishment;”;
Notified in the Australian Government Gazette on 26 August 1975.
Statutory Rules 1949, No. 54, as amended by Statutory Rules 1950, No. 38; 1951, Nos. 48 and 127; 1952, No. 105; 1954, No. 43; 1955, No. 51; 1956, Nos. 8, 44 and 121; 1959, No. 77; 1960, No. 37; 1963, No. 139; 1964, No. 105; 1965, No. 92; 1966, No. 48; 1967, No. 161; 1969, No. 32; 1970, No. 145; 1971, No. 105; 1972, No. 9; and 1973, No. 13.
(c) by inserting in sub-regulation (1) after the definition of “ cooked fish ” the following definitions:—
“ ‘ cutlet ’, in relation to shrimp, means a headless shrimp from which all shell, except the shell of the terminal segment and the tail fan, has been removed;
‘ de-veined ’, in relation to shrimp, means a peeled shrimp or a fantail shrimp the back of which has been opened and the alimentary tract removed;”;
(d) by omitting from sub-regulation (1) the definition of “ fish ” and substituting the following definitions:—
“ ‘ fantail ’, in relation to shrimp, means a headless shrimp from which all shell, except the shell of the terminal segment and the tail, fan, has been removed;
‘ fish ’ means fish, whether live, fresh, frozen, canned, dried, cooked or otherwise processed, that is intended for export, or part of any such fish, and includes Crustacea, oysters and other shell fish and all forms of aquatic animal life other than whales;”;
(e) byinserting in sub-regulation (1) after the definition of “ grader ” the following definitions:—
“ ‘ immediate container ’ means a container of fish that is not separated from the fish by any interposed container;
‘ meat ’, in relation to shrimp, means a piece of shrimp flesh from which all shell has been removed and includes peeled shrimp;”;
(f) by inserting in sub-regulation (1) after the definition of “ officer ” the following definitions:—
“ ‘ peeled ’, in relation to shrimp, means a headless shrimp from which all shell, including the tail fan, has been removed;
‘ pet food ’ means fish intended for use as food for animals;
‘ processing ’, in relation to fish, includes the work of cutting up, dismembering, cleaning, sorting, packing, chilling, freezing, drying, canning or cooking, and ‘ processed ’ has a corresponding meaning;”;
(g) by inserting in sub-regulation (1) after the definition of “ registered brand ” the following definitions:—
“ ‘ rock lobster ’ means Crustacea of the species Jams novaehollandiae and Jasus verreauxi or of the sub-species Panulirus longipes cygnus;
‘ shrimp ’ means Crustacea of the families Penaeidae, Palaemonidae, Pandaliae and Crangonidae;”;
(h) by inserting in sub-regulation (1) after the definition of “ the Secretary ” the following definition:—
“ ‘ tropical spiny lobster ’ means Crustacea of the species Panulirus penicillatus, Panulirus ornatus, Panulirus versicolor, Panulirus polyphagus and Panulirus homarus or of the sub-species Panulirus longipes femoristriga;”; and
(i) by omitting from sub-regulation (1) the definition of “ tuna ” and substituting the following definition:—
“ ‘ tuna ’ means fish of any of the following varieties:—
Albacore (Thunnus alalunga);
Southern Bluefin Tuna (Thunnus maccoyii);
Northern Bluefin Tuna (Thunnus tonggol);
Yellowfin Tuna (Thunnus albacares); and
Skipjack or Striped Tuna (Katsuwonus pelamis).”.
2. Regulation 7 of the Exports (Fish) Regulations is repealed and the following regulation substituted:—
Graders.
“ 7. (1) The Secretary may, upon application by the occupier of an export establishment, appoint a person nominated by the occupier to be a grader at that export establishment
“ (2) A person appointed under sub-regulation (1) to be a grader at an export establishment shall ensure that fish graded and packed at that export establishment is graded and packed in accordance with these Regulations.”.
Trade description.
3. Regulation 9 of the Exports (Fish) Regulations is amended—
(a) by omitting paragraph (a) of sub-regulation (2) and substituting the following paragraph—
“ (a) shall be in the form of a principal label affixed in a reasonably permanent manner to each of the containers of the fish in a prominent position so that the label is conspicuous;”;
(b) by omitting from sub-paragraph (b) of sub-regulation (2) the words “ word ‘ Australia ’ ” and substituting the words “ words ‘ Product of Australia ’ ”;
(c) by inserting after sub-regulation (2) the following sub-regulations—
“ (2a) Subject to sub-regulation (2b), the trade description to be applied to fish shall be in the English language.
“ (2b) In the case of fish intended to be exported to a country where the English language is not an official language, the trade description, including the words ‘ Product of Australia ’, may be expressed in the official language of that country.”;
(d) by inserting in sub-regulation (5) after the word “ fish ” the words “, other than frozen molluscs,”; and
(e) by omitting sub-regulation (6) and substituting the following sub regulations:—
“ (6) For the purpose of paragraph (2) (e), the net weight of frozen molluscs is the weight of the molluscs when thawed and drained.
“ (7) Each immediate container of canned fish shall have embossed on it a code mark specifying the date of manufacture and the letters ‘ EX ’ followed by the registered number allotted to the export establishment in which the fish was finally processed.
“ (8) There shall be displayed on each container of fish, other than a container referred to in sub-regulation (7), the words ‘ Registered Establishment Number ’ or the abbreviation ‘ Reg. Est. No.’ or ‘ Est. No.’ followed by the registered number allotted to the export establishment in which the fish was finally processed.
“ (9) Where the principal label referred to in paragraph. (2) (a) contains more than one panel, the particulars referred to in paragraphs (2) (b), (c) and (e) and the registered number referred to in sub-regulation (8) shall be displayed in the main panel.
“ (10) Any printing on wrappers touching the flesh of fish shall be in ink, or colouration, that will not cause the flesh to become unfit for human consumption or discoloured.”.
Serial number or code mark on containers.
4. Regulation 9a is amended by inserting after the number “ 3b,” (wherever occurring) the numbers “ 3c, 3d, 3e, 3f,”.
Registration of export establishment or appointed place.
5. Regulation 12 of the Exports (Fish) Regulations is amended—
(a) by omitting sub-regulation (3) and substituting the following sub-regulation:—
“ (3) A certificate of registration shall unless sooner cancelled, expire at the expiration of the period of 12 months from and including the date on which it was issued and may, on written application in accordance with Form 1, be renewed from time to time.”; and
(b) by adding at the end thereof the following sub-regulation:—
“ (5) For the purposes of this regulation, ‘ premises ’ includes a vessel used for the processing, storage or examination of fish but does not include a catcher vessel.”.
Export establishment to contain chamber, &c.
6. Regulation 14 of the Exports (Fish) Regulations is amended—
(a) by omitting the words “ prepared, processed or stored ” and substituting the words “ processed and stored ”;
(b) by omitting paragraphs (a) and (b) and substituting the following paragraphs:—
“ (a) contain, in addition to not less than one chamber of the kind referred to in paragraph (b), not less than one chamber that is capable of reducing the temperature of fish to minus 12° Celsius within 10 hours after the fish have been placed in the chamber;
(b) contain not less than one chamber for the storage of fish that is capable of maintaining fish at a reasonably constant temperature not exceeding minus 18° Celsius;”; and
(c) by adding at the end thereof the following sub-regulation:—
“ (2) An export establishment in which frozen fish is stored, not being an export establishment in which frozen fish is processed, shall comply with the provisions of paragraphs (1) (b), (c), (d), (e), (f) and (g).”.
Appointed place to contain storage chamber, &c.
7. Regulation 15 of the Exports (Fish) Regulations is amended by omitting paragraph (a) and substituting the following paragraph:—
“ (a) contain not less than one chamber capable of maintaining fish at a reasonably constant temperature not exceeding minus 18° Celsius;”.
Transport of frozen fish from export establishment, &c.
8. Regulation 18 of the Exports (Fish) Regulations is amended by omitting paragraph (a) and substituting the following paragraph:—
“ (a) transportation facilities shall be such that the temperature of the fish shall not rise above minus 18° Celsius; and ”.
Shipping of frozen fish.
9. Regulation 19 of the Exports (Fish) Regulations is amended by omitting the figures and word “ 10° Fahrenheit ” and substituting the words and figures “ minus 15° Celsius ”.
10. The Exports (Fish) Regulations are amended by inserting after regulation 22 the following regulations:—
Fish that is unfit for human consumption.
“ 22a. (1) Where an officer or a grader examines fish that is unfit for human consumption, he shall condemn the fish.
“( 2) Where fish that is condemned under sub-regulation (1) is not diseased and is suitable for conversion to pet food, the officer or grader who condemned the fish shall permit its conversion to pet food.
Pet food.
“ 22b. The occupier of export premises shall cause pet food to be stored and transported in containers that bear conspicuous labels indicating that the contents are not fit for human consumption.
Disposal of condemned fish.
“ 22c. The occupier of export premises shall cause condemned fish that is not suitable for conversion to pet food—
(a) to be placed in containers, used only for the purpose, that bear conspicuous labels indicating that the contents have been condemned; and
(b) to be destroyed or de-natured in accordance with the directions of the officer or grader who condemned the fish.”.
First Schedule.
11. The First Schedule to the Exports (Fish) Regulations is amended—
(a) by omitting from sub-paragraph (b) in the third column of item 1 the words “, and the words ‘ Produce of Australia ’ ”;
(b) by omitting the table from paragraph 5 in the second column of item 1 and substituting the following table:—
“ Grade Net Weight
A not less than 140 grams and less than 180 grams
B not less than 180 grams and less than 240 grams
C not less than 240 grams and less than 280 grams
D not less than 280 grams and less than 360 grams
E not less than 360 grams and less than 480 grams
F not less than 480 grams and less than 600 grams
G 600 grams and over ”;
(c) by omitting the table from paragraph 5 in the second column of item 2 and substituting the following table:—
“ Grade Net Weight
A less than 460 grams
B not less than 460 grams and less than 570 grams
C not less than 570 grams and less than 690 grams
D not less than 690 grams and less than 800 grams
E not less than 800 grams and less than 910 grams
F not less than 910 grams and less than 1140 grams
G not less than 1140 grams and less than 1360 grams
H 1360 grams and over ”;
(d) by omitting from sub-paragraph (b) in the third column of item 2 the words “, and the words ‘ Produce of Australia ’ ”;
(e) by omitting the table in paragraph 5 in the second column of item 3 and substituting the following table:—
“ Grade Net Weight
A less than 460 grams
B not less than 460 grams and less than 570 grams
C not less than 570 grams and less than 690 grams
D not less than 690 grams and less than 800 grams
E not less than 800 grams and less than 910 grams
F not less than 910 grams and less than 1140 grams
G not less than 1140 grams and less than 1360 grams
H 1360 grams and over ”;
(f) by omitting from sub-paragraph (b) in the third column of item 3 the words “, and the words Produce of Australia ’ ”;
(g) by omitting paragraph 1 in the second column of item 3a and substituting the following paragraph:—
“ 1. Rock lobster tail meat shall be derived from the tail of a rock lobster.”;
(h) by omitting from sub-paragraph (c) of paragraph 2 in the second column of item 3a the number and word “ 30 pounds ” and substituting the number and word “ 25 kilograms ”;
(i) by omitting from sub-paragraph (a) in the third column of item 3a the words “, and the words Produce of Australia ’ ”;
(j) by omitting paragraph 1 in the second column of item 3b and substituting the following paragraph:—
“ 1. Rock lobster meat consists of the meat, other than tail meat, of a rock lobster.”;
(k) by omitting from sub-paragraph (a) in the third column of item 3b the words “, and the words Produce of Australia ’ ”;
(l) by inserting after item 3b the items specified in Schedule 1 to these Regulations;
(m) by omitting sub-paragraphs (ii) and (iii) in the third column of item 4 and substituting the following word and sub-paragraph:—
“ and (ii) the serial number or code mark allotted to the container in accordance with sub-regulation 9a (1).”;
(n) by omitting paragraph 5 in the second column of item 5 and substituting the following paragraph:—
“ 5. (1) Scallops shall be placed under refrigeration, fully prepared for freezing within one of the following periods:—
(a) 4 hours after shelling; or
(b) 24 hours after shelling.
“ (2) Where the applicable period referred to in sub-paragraph (1) is the period of 4 hours, the scallops shall be reduced in temperature to not more than minus 12° Celsius within 10 hours after shelling and then immediately transferred to a refrigeration chamber the temperature of which shall be held constant at not more than minus 18° Celsius.
“ (3) Where the applicable period referred to in sub-paragraph (1) is the period of 24 hours the following conditions shall be complied with:—
(a) the scallops shall be shelled at a land based export establishment;
(b) the roe of the scallops shall be removed immediately after the scallops have been shelled;
(c) the scallop meat shall, after washing, be placed in containers, impermeable to water, that contain not more than 2.5 kilograms of scallop meat;
(d) the containers referred to in clause (c) shall be sealed and held in ice prior to and during transportation and shall be transported to an export establishment where final processing shall take place;
(e) the scallop meat shall be reduced in temperature to not more than minus 12° Celsius within 30 hours after shelling; sad
(f) the scallop meat shall immediately after it has been reduced to the temperature specified in clause (e) be transferred to a refrigeration chamber the temperature of which shall be held constant at not more than minus 18° Celsius.”;
(o) by omitting from sub-paragraph (i) in the third column of item 5 the words “ and the words ‘ Produce of Australia ’ ”; and
(p) by omitting paragraph 3 in the third column of item 6.
First Schedule.
12. The second column of the First Schedule of the Exports (Fish) Regulations is further amended as specified in Schedule 2 to these Regulations.
Second Schedule.
13. The Second Schedule to the Exports (Fish) Regulations is amended—
(a) by omitting Forms 1 and 2 and substituting the forms set out in Schedule 3 to these Regulations;
(b) by omitting from the heading of each of Forms 3 to 6 (inclusive) the words “ commonwealth of ”; and
(c) by omitting from each of Forms 3 to 6 (inclusive) the words “ Department of Primary Industry ” and substituting the words “ Department of Agriculture ”.
SCHEDULE 1 Paragraph 11 (1)
Items Inserted in the First Schedule to the Exports (Fish) Regulations
| First Column | Second Column | Third Column |
| Name or description of fish | Conditions and restrictions to be complied with | Provisions relating to trade descriptions |
| 3c. Tropical Spiny Lobster Tails—Frozen | 1. Tropical Spiny Lobster tails— | The trade description on the containers shall include— |
| (a) shall be clean and free from foreign matter; | ||
| (a) the words “ Tropical Spiny Lobster ” in bold letters of equal size; | ||
| (b) shall not be soft-shelled or from a female in berry; | ||
| (c) shall have the intestine completely removed; and | (b) the word “ Size ” or “ Grade ” followed by the size or grade respectively; | |
| (d) shall each be wrapped individually in a moisture-proof wrapping material that completely covers all flesh exposed from the shell | ||
| (c) the number of tropical spiny lobster tails packed in the container; and | ||
| 2. Tropical Spiny Lobster tails shall be packed in containers— | (d) the serial number or code mark allotted to the container in accordance with sub-regulation 9a (1). | |
| (a) that are clean, new, attractive in appearance and unlikely to impart a taint to the contents; | ||
| (b) each of which is capable of containing not more than 20 kilograms, by net weight, of tropical spiny lobster tails; | ||
| (c) that are wire-bound or strapped with suitable wire or strapping; and | ||
| (d) the narrowest internal dimension of which does not exceed 127 millimetres. |
Schedule 1—continued
| First Column | Second Column | Third Column | |
| Name or description of fish | Conditions and restrictions to be complied with | Provisions relating to trade descriptions | |
| 3c.—continued | 3. Tropical spiny lobster tails shall be so packed that the tails in a container are uniform in colour and of the same grade, being a grade specified in the following table:— | ||
| Grade | Net Weight | ||
| A ............. | not less than 140 grams and less than 180 grams | ||
| B ............. | not less than 180 grams and less than 240 grams | ||
| C ............. | not less than 240 grams and less than 280 grams | ||
| D ............. | not less than 280 grams and less than 360 grams | ||
| E ............. | not less than 360 grams and less than 480 grants | ||
| F .............. | not less than 480 grams and less than 600 grams | ||
| G ............. | 600 grams and over. | ||
| 4. Tropical spiny lobster tails shall have been processed from tropical spiny lobsters immediately after capture and shall— | |||
| (a) following the removal of all intestinal parts, including the anus, have been vigorously washed individually in open sea water or in running water under pressure; and | |||
| (b) at the time of processing, have been— | |||
| (i) free from any abnormal conditions; and | |||
| (ii) undamaged in the flesh or shelf of the tails as a result of capture. | |||
| 5. Tropical spiny lobster tails shall— | |||
| (a) be placed under refrigeration within a period of 2 hours from the time of capture; | |||
| (b) be reduced in temperature to not more than minus 12° Celsius within a period of 20 hours after being placed under refrigeration; and | |||
| (c) immediately after having been reduced in temperature in accordance with clause (b) be transferred to a refrigeration chamber the temperature of which is maintained at not more than minus 18° Celsius. | |||
| 6. Tropical spiny lobster tails shall— | |||
| (a) be processed and frozen, but not finally packaged for export, on a processing freezer vessel registered for that purpose and subsequently graded, packed in final export packages, and stared, in a registered land based establishment; or | |||
Schedule 1—continued
| First Column | Second Column | Third Column |
| Name or description of fish | Conditions and restrictions to be complied with | Provisions relating to trade descriptions |
| 3c.—continued | (b) be processed after capture, placed in moisture-proof plastic envelopes, packed in ice, in suitable containers and, subsequently, graded, packed in final export packages, frozen and stored, in a registered land based establishment. | |
| 3d. Shrimp—Frozen | 1. Shrimp shall— | The trade description on the containers shall include— |
| (a) be of a colour characteristic of the species; | ||
| (a) the word “ Shrimp ” or “ Prawns ” in bold clear type together with a description of the pack, e.g. “ Cooked ”, “ Headless ”, “ Fantail ” “ Butterfly ”, “ De-veined ”, “ Peeled ” or “ Meat ”; | ||
| (b) have a fresh odour characteristic of the species, the odour of iodoform not being excessive; | ||
| (c) contain no “ blackspot ” on the flesh; and | ||
| (d) be free from all foreign matter. | ||
| 2. Shrimp shall— | (b) the species of shrimp indicated by the common name: | |
| (a) after cooking by a method that accords with sound commercial practice, be firm in texture but not excessively tough or dry; | ||
| (c) in the case of packs designated A, B, C and D, the count or a corresponding size grade; and | ||
| (b) have a flavour, after cooking by a method that accords with sound commercial practice that is characteristic of the species, the taste of iodoform not being excessive; and | ||
| (d) the serial number or code mark allotted to the container in accordance with sub-regulation 9a (1). | ||
| (c) when the salt content of the shrimp is determined—contain not more than 2.5 per cent salt. | ||
| 3, Shrimp shall— | ||
| (a) be packed with only one species in a container except that, in the case of shrimp meat, two or more species may be packed in a container; | ||
| (b) be reasonably uniform in size within the count range specified in the trade description; | ||
| (c) be protected from dehydration by clean even glazing, by the use of impermeable film or by other materials or methods that are equally effective; | ||
| (d) be packed in such a manner as affords adequate protection from contamination; and | ||
|
(e) be packed into containers that are sound, clean and of sufficent strength to withstand the handling ordinarily incidental to transport to destinations beyond Australia. |
||
| 4. Treatment to minimize “ blackspot ” on shrimp that is to be held in storage pending final processing shall be by a method that accords with sound commercial practice. |
Schedule 1—continued
| First Column | Second Column | Third Column | |
| Name or description of fish | Conditions and restrictions to be complied with | Provisions relating to trade descriptions | |
| 3d.—continued | 5. A pack containing; a style of shrimp specified in the second column of the following table shall be designated by the letter in the first column opposite to which that style is so specified:— | ||
| Letter | Style | ||
| A.................. | Whole | ||
| B.................. | Headless | ||
| C.................. . | Fantail | ||
| D.................. | Peeled | ||
| E.................. | Meat | ||
| 6. Packs designated A shall— | |||
| (a) contain not more than 2 per cent by number of shrimp affected by the condition commonly known as “ soft shell ”; | |||
| (b) contain not more than 2 per cent by number of broken shrimp; | |||
| (c) contain not more than 5 per cent by number of shrimp showing “ blackspot ” on the fringe of the shell segments and on the tail, fan; and | |||
| (d) be substantially free from detached shell, legs, swimmerettes and antennae. | |||
| 7. Packs designated B shall— | |||
| (a) contain not more than 5 per cent by number of shrimp showing “ blackspot ” on the fringe of the shell segments and on the tail fan; | |||
| (b) contain not more than 2 per cent by number of shrimp affected by the condition commonly known as “ soft shell ”; | |||
| (c) contain not more than 2 per cent by number of broken shrimp; | |||
| (d) contain shrimp that are free from heads: and | |||
| (e) be substantially free from detached shell, legs, swimmerettes and antennae. | |||
| 8. Packs designated C shall— | |||
| (a) contain not more than 2 per cent by number of broken shrimp; | |||
| (b) contain shrimp that are free from heads; and | |||
| (c) be substantially free from detached shell, legs, swimmerettes and antennae. | |||
| 9. Packs designated D shall— | |||
| (a) contain not more than 2 per cent by number of broken shrimp; | |||
| (b) contain not more than 2 per cent by number of shrimp that are not free from shell; | |||
| (c) contain shrimp that are free from heads; and | |||
| (d) be substantially free from detached shell, legs, swimmerettes and antennae. | |||
Schedule 1—continued
| First Column | Second Column | Third Column |
| Name or description of fish | Conditions and restrictions to be complied with | Provisions relating to trade descriptions |
| 3d.—continued | 10. Packs designated E shall— | |
| (a) contain shrimp that are free from heads; | ||
| (b) contain not more than 2 per cent by number of shrimp that are not free from shell; and | ||
| (c) be substantially free from detached shell, legs, swimmerettes, and antennas. | ||
| 11. Packs shall— | ||
| (a) contain not move than 5 per cent by number of shrimp showing evidence of dehydration or desiccation; | ||
| (b) contain not more than 1 per cent by number of shrimp showing forms of discolouration other than. “ blackspot ”; and | ||
| (c) if they contain shrimp described as de-veined, contain not more than 5 per cent by number of shrimp containing the alimentary tract | ||
| 12. Where a count range is specified in the trade description in relation to a pack, the shrimp in that pack shall be reasonably uniform in size in that count range. | ||
| 3e. Abalone—Frozen | 1. Abalone shall have been processed from— | The trade description on the containers shall include— |
| (a) abalone that were healthy and alive at the time of shelling; | (a) the word “ Abalone ” in bold clear type; and | |
| (b) abalone that, immediately following shelling, had all sections of the viscera and intestinal tract, with the permissible exception of the month, radula and forepart of the oesophagus, removed from the epipodium, and that were, as soon as practicable thereafter, vigorously washed free of all extraneous contaminating material with potable water or sea water of equivalent quality; | (b) the serial number or code mark allotted to the container in accordance with sub-regulation 9a (1). | |
| (c) abalone that, at the time of receipt at a registered export establishment, were free from sand, dirt or any other extraneous matter; | ||
| (d) abalone that, if shelled at sea, were reduced in temperature in an hygienic manner, to not more than 6° Celsius within a period of 4 hours after shelling and were maintained as not more than 6° Celsius until such time as they were delivered to a land based export establishment; and | ||
| (e) abalone that, if shelled at sea or at a land based export establishment other than the one in which final processing is carried out, have had no chemical substances, other than common salt, added to them for any purpose whatsoever. |
Schedule 1—continued
| First Column | Second column | Third Column |
| Name or description of fish | Conditions and restrictions to be complied with | Provisions relating to trade descriptions |
| 3e.—continued | 2. Abalone shall— | |
| (a) be clean and free from any foreign matter; | ||
| (b) be drained following washing to remove free water prior to packing; | ||
| (c) be packed so that as contents of individual packages contain abalone of the same species, that are, as far as practicable, uniform in size and colour; | ||
| (d) be frozen either— | ||
| (i) singly; or | ||
| (ii) in blocks, the smallest dimension of each of which does not exceed 80 millimetres; | ||
| (e) be placed under refrigeration fully prepared for freezing within a period of 72 hours after shelling; | ||
| (f) be reduced to not more than minus 12° Celsius within 10 hours after being placed under refrigeration; | ||
| (g) immediately after being reduced in temperature in accordance with sub-paragraph (f), be transferred to a refrigeration chamber the temperature of which shall be held at a constant temperature of not more than minus 18° Celsius; and | ||
| (h) be packed in containers that are new, clean, attractive in appearance and not likely to impart a taint to the contents. | ||
| 3. Where abalone is packed in an immediate container that— | ||
| (a) is not itself packed in another container; or | ||
| (b) is the inner or innermost container of a series of two or more containers that are packed one inside another, | ||
| the immediate container referred to in sub-paragraph (a) or the outer or outer-mast container of the series of containers referred to in sub-paragraph (b), as the case requires, shall be of sufficient strength and fastened in such manner as to withstand the handling ordinarily incidental to transportation to destinations beyond Australia. | ||
| 3f. Abalone—Canned | 1. Abalone shall have been processed from— | 1. The trade description on the can shall include— |
| (a) abalone that were healthy and alive at the time of shelling; | (a) the word “ Abalone ” in bold clear type; and | |
| (b) abalone that immediately following shelling, had all sections of the viscera and intestinal tract, with the permissible exception of the mouth, radula and forepart of the oesophagus, removed from | (b) the net weight and the drained weight of the contents; |
Schedule 1—continued
| First Column | Second Column | Third Column |
| Name or description of fish | Conditions and restrictions to be complied with | Provisions relating to trade descriptions |
| 3f.—continued | the epipodium, and were, as soon as practicable thereafter, vigorously washed free of all extraneous contaminating material with potable water or sea water of equivalent quality; | |
| (c) abalone that, at the time of receipt at an export establishment, were free from sand, dirt and any other extraneous matter; | ||
| (d) abalone that, if shelled at sea, were reduced in temperature in an hygienic manner, to not more than 6° Celsius within a period of 4 hours after shelling and were maintained at not more than 6° Celsius until such time as they were delivered to a land based export establishment; and | ||
| (e) abalone that, if shelled at sea, or at a land based export establishment other than the one in which final processing is carried out, have had no chemical substances, other than common salt, added for any purpose whatsoever. | ||
| 2. Abalone shall— | ||
| (a) be clean and devoid of all foreign extraneous matter; | ||
| (b) have all viscera, intestines, the mouth, radula and forepart of the oesophagus, and the external pigment around the epipodium removed; | ||
| (c) as far as practicable, be graded in accordance with size and colour; and | ||
| (d) where chemical substances, other than common salt, have been used during final processing at a land based export establishment either as an additive, or as an aid to processing or for other purposes, the use of such a substance must have been made known to and approved by the Secretary. | ||
| 3. The cans in which abalone is packed shall— | ||
| (a) contain abalone of relatively uniform size and colour; | ||
| (b) as far as practicable, contain “ whole ” abalone (undivided foot and epipodium) except that a divided section of an abalone may be added to a can to achieve the required weight of the can’s contents; and | ||
| (c) contain abalone, the drained weight of which shall not be less than one-half of the net weight of the contents as indicated in the trade description on the can. |
SCHEDULE 2 Regulation 12
Further Amendments of the First Schedule to the Exports (Fish) Regulations
| Provision amended | Omit— | Insert— |
| Item 1 paragraph 1 (e) ................................................. | 20, 25 or 30 pounds | not more than 20 kilograms |
| Item 1 paragraph 7 (b) ................................................ | 20° Fahrenheit | minus 12° Celsius |
| Item 1 paragraph 7 (c) ................................................. | 5° Fahrenheit | minus 18° Celsius |
| Item 2 paragraph 1 (c) ................................................. | 50 pounds | 20 kilograms |
| Item 2 paragraph 7 (b) ................................................ | 20° Fahrenheit | minus 12° Celsius |
| Item 2 paragraph 7 (c) ................................................. | 5° Fahrenheit | minus 18° Celsius |
| Item 3 paragraph 1 (c) ................................................. | 50 pounds | 20 kilograms |
| Item 3 paragraph 7 (b) ................................................ | 10° Fahrenheit | minus 12° Celsius |
| Item 3b paragraph 2 (d) ............................................... | 30 pounds | 15 kilograms |
| Item. 4 paragraph 1 (b) ............................................... | 5 pounds | 2.5 kilograms |
| 3 inches | 80 millimetres | |
| Item 4 paragraph 1a .................................................... | 40 pounds | 20 kilograms |
| Item. 4 paragraph 4 (b) ............................................... | 20°F | minus 12° Celsius |
| Item 4 paragraph 4 (c) ................................................. | 5°F | minus 18° Celsius |
| Item 5 paragraph 1 (d) ................................................ | 5 pounds | 2.5 kilograms |
| 3 inches | 80 millimetres | |
| Item 5 paragraph 2 ...................................................... | 40 pounds | 25 kilograms |
| Item 5 paragraph 2a .................................................... | 40 pounds | 25 kilograms |
| Item 5a ...................................................................... | 5°F | minus 18° Celsius |
| Item 5b paragraph 2 (d) (i) (A) .................................... | four ounces | 125 grams |
| Item 5b paragraph 2 (d) (i) (B) ..................................... | four ounces | 125 grams |
| eight ounces | 250 grams | |
| Item 5b paragraph 2 (d) (ii) (A) ................................... | four ounces | 125 grams |
| Item 5b paragraph 2 (d) (ii) (B) ................................... | four ounces | 125 grams |
| eight ounces | 250 grams |
SCHEDULE 3 Regulation 13
Forms 1 and 2 in the Second Schedule to the Exports (Fish) Regulations
Form 1 Regulation 12
Australia
Exports (Fish) Regulations
APPLICATION FOR REGISTRATION OF PREMISES AS AN EXPORT ESTABLISHMENT OR AS AN APPOINTED PLACE
To the Secretary,
Department of Agriculture
* Here inset full name of applicant.
Here insert address.
‡Here insert name or description of premises.
§ Here insert operations to be conducted.
|| Strike out whichever is inapplicable.
I* of We*
hereby apply in pursuance of the Exports (Fish) Regulations for the registration of the‡
situated at
as an Export Establishment||
Appointed Place||
for the§
I|| We|| submit with this application|| have previously submitted||
(a) full particulars of equipment available, or to be made available, in the above-mentioned premises for carrying out the above-mentioned operations; and
(b) 3 copies of the, plans and specifications of the above-mentioned premises in relation to the land on which the premises are erected and to any adjacent premises.
I|| declare- We||
(a) that I am|| the owner(s)|| of the above-mentioned premises; and We are|| occupier(s)||
(b) that the above-mentioned premises are constructed, equipped and operated in an efficient and hygienic manner.
Dated this day of 19
Signature(s) of applicant(s)
Certificate No. Form 2 Regulation 12
Australia
Department of Agriculture
Exports (Fish) Regulations
CERTIFICATE OF REGISTRATION
OF PREMISES AS EXPORT ESTABLISHMENT*
APPOINTED PLACE*
*Strike out whichever is inapplicable.
I hereby certify that subject to the conditions hereunder indicated the premises situated
at have been registered in the name of as an Export Establishment* or as an Appointed Place* in which the following operations may be conducted:—
and that the registered number of the premises is
This Certificate is granted subject to the conditions that operations will be conducted in accordance with the requirements prescribed by or under the Customs Act 1901-1975 and the Commerce (Trade Descriptions) Act 1905-1973, and that the registration will be liable to be cancelled in the event of a contravention of the Exports (Fish) Regulations or other applicable Regulations in force for the time being.
This Certificate will remain in force until
Dated this day of 19 at
Secretary
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