EXPORTS (FISH) REGULATIONS - Incorporating all amendments by legislation made
to 31 October 1980
- Reprinted as at 31 October 1980 (HISTREG CHAP 83 #DATE 31:10:1980)
*1* The Exports (Fish) Regulations (in force under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905) as shown in this reprint comprise Statutory Rules 1949 No. 54 as amended by the other Statutory Rules specified in the following table: ---------------------------------------------------------------------------- Application, saving Year and Date of notification Date of or transitional number in Gazette commencement provisions ---------------------------------------------------------------------------- 1949 No. 54 25 Aug 1949 25 Aug 1949 1950 No. 38 10 Aug 1950 10 Aug 1950 - 1951 No. 48 18 June 1951 18 June 1951 - 127 1 Nov 1951 1 Nov 1951 - 1952 No. 105 18 Dec 1952 18 Dec 1952 - 1954 No. 43 6 May 1954 6 May 1954 - 1955 No. 51 28 July 1955 28 July 1955 - 1956 No. 8 1 Mar 1956 1 Mar 1956 - 44 31 May 1956 31 May 1956 - 121 24 Dec 1956 24 Dec 1956 - 1959 No. 77 10 Sept 1959 10 Sept 1959 - 1960 No. 37 9 June 1960 9 June 1960 - 1963 No. 139 24 Dec 1963 24 Dec 1963 - 1964 No. 105 27 Aug 1964 27 Aug 1964 - 1965 No. 92 15 July 1965 15 July 1965 - 1966 No. 48 11 Feb 1966 14 Feb 1966 - 1967 No. 161 7 Dec 1967 7 Dec 1967 - 1969 No. 32 13 Mar 1969 13 Mar 1969 - 1970 No. 145 15 Oct 1970 15 Oct 1970 - 1971 No. 105 20 Aug 1971 20 Aug 1971 - 1972 No. 9 1 Feb 1972 1 Feb 1972 - 1973 No. 13 25 Jan 1973 25 Jan 1973 - 1975 No. 170 26 Aug 1975 26 Aug 1975 - 1977 No. 253 21 Dec 1977 21 Dec 1977 - 1978 No. 38 22 Mar 1978 22 Mar 1978 - 1980 No. 124 30 May 1980 30 May 1980 - ---------------------------------------------------------------------------- EXPORTS (FISH) REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Regulation
1. Citation
2. (Repealed)
3. Interpretation
4. Application of regulations
5. Delegation
PART II-GENERAL PROVISIONS AS TO EXPORTATION OF FISH
6. Export of fish prohibited except subject to conditions
7. Graders
PART III-TRADE DESCRIPTIONS
8. Export of fish prohibited unless trade description applied
9. Trade description
9A. Serial number or code mark on containers
10. Trade description applies as at time of shipment
11. Trade descriptions and official marks not to be interfered with
PART IV-SUPERVISION, INSPECTION AND EXAMINATION
12. Registration of export establishment or appointed place
13. Export establishment or appointed place leased or sold
14. Export establishment to contain freezing chamber, &c.
15. Appointed place to contain storage chamber, &c.
16. Fish to be sent to appointed places
17. Examination at places other than appointed places
18. Transport of frozen fish from export establishment, &c.
19. Shipping of frozen fish
20. Notice of intention to move
21. Notice of intention to export, and declaration
22. False declarations
22A. Fish that is unfit for human consumption
22B. Pet food
22C. Disposal of condemned fish
23. Approved for export stamp to be applied
24. Export permit and certificate as to examination of fish
25. Fish may be re-examined and permit cancelled
26. Loading of frozen fish
PART V-REGISTRATION OF BRANDS
27. Register of brands
28. Application to be accompanied by copies of brand
29. Registration as trade mark necessary
30. Registration number
31. Assignments and transmissions of trade marks to be notified
32. Cancellation of brand when no longer registered as a trade mark
PART VI-MISCELLANEOUS
33. Prescribed goods
33A. Analysts
34. Certificate of analysis
35. Fees for certificates
36. Fees for officers' services
THE SCHEDULES
FIRST SCHEDULE
Conditions and Restrictions
SECOND SCHEDULE
Forms
EXPORTS (FISH) REGULATIONS - SECT. 1.
Citation
PART I-PRELIMINARY
1. These Regulations may be cited as the Exports (Fish) Regulations.*1*
Regulation 2 repealed by 1978 No. 38 r. 1
* * * * * * * *
See notes to first article of this Chapter.
EXPORTS (FISH) REGULATIONS - SECT. 3.
Interpretation
Sub-reg. (1) amended by 1951 No. 48 r. 1; 1964 No. 105 r. 2; 1969 No. 32 r. 1;
1973 No. 13 r. 1; 1975 No. 170 r. 1; 1978 No. 38 r. 2
3. (1) In these Regulations, unless the contrary intention appears-
"abalone" means fish of the genera Notohaliotis, Schismotis and
Marinauris;
"aircraft's stores" has the same meaning as in Part VII of the Customs Act
1901-1971;
"analyst" means a person who holds, or is to be deemed to hold, office as
an analyst under sub-regulation 33A (1);
"appointed place" means any premises registered under regulation 12 of
these Regulations as an appointed place;
"approved" means approved by the Secretary;
"approved for export stamp" means a stamp in an approved form;
"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;
"containers" means all the principal coverings in which fish is
contained;
"cooked fish" means fish which has been subjected to an approved heat
treatment;
"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;
"export establishment" means any premises registered under regulation 12
of these Regulations as an export establishment;
"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;
"frozen fish" means raw, cooked or processed fish which has been
refrigerated;
"grader" means a person appointed to be a grader under regulation 7 of
these Regulations;
"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;
"officer" means an officer as defined by section 3 of the Commerce (Trade
Descriptions) Act 1905-1933;
"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;
"registered brand" means a brand registered in pursuance of Part V of
these Regulations;
"rock lobster" means Crustacea of the species Jasus novaehollandiae and
Jasus verreauxi or of the sub-species Panulirus longipes cygnus;
"shrimp" means Crustacea of the families Penaeidae, Palaemonidae,
Pandalidae and Crangonidae;
"ship's stores" has the same meaning as in Part VII of the Customs Act
1901-1971;
"the Department" means the Department of Primary Industry;
"the Minister" means the Minister of State for Primary Industry;
"the Secretary" means the Secretary to the Department;
"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;
"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) 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 Second Schedule.
EXPORTS (FISH) REGULATIONS - SECT. 4.
Application of regulations
Substituted by 1973 No. 13 r. 2
4. (1) These Regulations do not apply to or in relation to the exportation
of-
(a) ship's stores or aircraft's stores, whether shipped in parts beyond the
seas or in the Commonwealth; or
(b) fish that was imported if-
(i) the fish was not processed in any way since it was imported;
(ii) the fish is exported in the same containers in which it was
imported, no covering having been omitted and no covering having been added;
and
(iii) the name of the country of origin of the fish is shown on the
outermost of the containers.
(2) Where the Secretary is satisfied-
(a) that fish is being, or is to be, exported as a sample only or for
experimental purposes; and
(b) that these Regulations or specified provisions of these Regulations
should not apply to or in relation to the exportation of that fish,
he may, by instrument under his hand, certify accordingly and, upon the
Secretary so certifying, these Regulations or those provisions, as the case
requires, do not apply to or in relation to the exportation of that fish.
EXPORTS (FISH) REGULATIONS - SECT. 5.
Delegation
5. (1) The Secretary may, in relation to any particular matter or class of
matters, by writing under his hand, delegate to any officer all or any of his
powers or functions under these Regulations (except this power of delegation)
so that the delegated powers or functions may be exercised by the delegate
with respect to the matter or class of matters specified in the instrument of
delegation.
(2) Every delegation under this regulation shall be revocable at will and no
delegation shall prevent the exercise of any power or function by the
Secretary.
EXPORTS (FISH) REGULATIONS - SECT. 6.
Export of fish prohibited except subject to conditions
PART II-GENERAL PROVISIONS AS TO EXPORTATION OF FISH
6. (1) The exportation of fish is prohibited unless-
(a) the Secretary is satisfied that the fish has been prepared or processed
in an export establishment;
(b) the conditions and restrictions (if any) specified in the second column
of the First Schedule in relation to the name or description of the fish have
been complied with;
(c) the exporter has obtained an export permit in accordance with these
Regulations in respect of the fish;
(d) the approved for export stamp has been applied to the fish or the
container of the fish; and
(e) the provisions of these Regulations have been complied with.
Amended by 1973 No. 13 r. 3
(2) The provisions of paragraph (b) of the last preceding sub-regulation
shall not apply to any fish in respect of which the Secretary certifies that,
on account of exceptional circumstances, it is desirable that that paragraph
should not apply to that fish.
EXPORTS (FISH) REGULATIONS - SECT. 7.
Graders
Substituted by 1975 No. 170 r. 2
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.
EXPORTS (FISH) REGULATIONS - SECT. 8.
Export of fish prohibited unless trade description applied
PART III-TRADE DESCRIPTIONS
8. (1) Subject to this regulation, the exportation of fish is prohibited
unless there is applied to the fish a trade description in accordance with
these Regulations.
(2) This regulation shall apply to fish which are imported into Australia,
and are not held in bond, unless the Secretary is satisfied that the fish are
not the produce of Australia.
EXPORTS (FISH) REGULATIONS - SECT. 9.
Trade description
9. (1) The trade description to be applied to any fish shall be in
accordance with the provisions of this regulation and with the provisions (if
any) specified in the third column of the First Schedule opposite to the name
or description of the fish.
Amended by 1950 No. 38 r. 1; 1975 No. 170 r. 3
(2) The trade description-
(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) shall contain, in prominent and legible characters, a true description
of the fish, together with the words "Product of Australia ", and may
include, in addition, the name of the State or Territory in which the fish was
produced, prepared or processed;
(c) shall, subject to sub-regulations (3) and (4) of this regulation,
include one, and may include both, of the following particulars, namely:
(i) the name of the producer, processor or exporter;
(ii) the registered brand of the producer, processor or exporter; and
* * * * * * * *
(e) shall, subject to sub-regulation (5) of this regulation, specify the
net weight of the fish.
Inserted by 1975 No. 170 r. 3
(2A) Subject to sub-regulation (2B), the trade description to be applied to
fish shall be in the English language.
Inserted by 1975 No. 170 r. 3
(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.
(3) 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, processor or exporter.
(4) Where the producer or processor is not the exporter, the trade
description shall include the name of the producer or the processor or his
registered brand, unless the exporter sets forth in the notice of intention to
export the name and address of the producer or the processor.
Amended by 1975 No. 170 r. 3
(5) In the case of frozen fish, other than frozen molluscs, the actual
weight in any container shall be in excess of the marked net weight by not
less than two and one half per centum of that marked net weight.
Substituted by 1975 No. 170 r. 3
(6) For the purpose of paragraph (2) (e), the net weight of frozen molluscs
is the weight of the molluscs when thawed and drained.
Added by 1975 No. 170 r. 3
(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.
Added by 1975 No. 170 r. 3
(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.
Added by 1975 No. 170 r. 3
(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.
Added by 1975 No. 170 r. 3
(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.
EXPORTS (FISH) REGULATIONS - SECT. 9A.
Serial number or code mark on containers
Inserted by 1955 No. 51 r. 1 Sub-reg. (1) amended by 1970 No. 145 r. 1; 1975
No. 170 r. 4
9A. (1) A person who, during a year, exports fish of a kind described in
item 1, 2, 3, 3A, 3B, 3C, 3D, 3E, 3F, 4 or 5 of the First Schedule shall allot
to each container containing the fish-
(a) a serial number, being one of a series of consecutive numbers
commencing from one in that year; or
(b) where the person has lodged with the Secretary, under the next
succeeding sub-regulation, a code of marks in accordance with which he
proposes to identify containers containing fish of that kind exported by him
during that year-a code mark in accordance with the code.
Amended by 1970 No. 145; 1975 No. 170 r. 4
(2) Where a person proposes to export fish during a year, being fish of a
kind described in item 1, 2, 3, 3A, 3B, 3C, 3D, 3E, 3F, 4 or 5 of the First
Schedule, that person may, before he exports fish of that kind during that
year, lodge with the Secretary a code of marks, satisfactory to the Secretary,
in accordance with which he proposes to identify containers containing fish of
that kind exported by him during that year.
(3) In this regulation, "year" means a period of one year commencing on
the first day of July in any year.
EXPORTS (FISH) REGULATIONS - SECT. 10.
Trade description applies as at time of shipment
10. The trade description to be applied to fish in pursuance of these
Regulations shall have relation to the condition of the fish as at the time of
shipment.
EXPORTS (FISH) REGULATIONS - SECT. 11.
Trade descriptions and official marks not to be interfered with
11. A person shall not, except by the authority of an officer, remove, alter
or interfere with a trade description marked on or applied to any fish which
has been inspected by an officer.
EXPORTS (FISH) REGULATIONS - SECT. 12.
Registration of export establishment or appointed place
PART IV-SUPERVISION, INSPECTION AND EXAMINATION
12. (1) A person who is the owner or occupier of premises used for the
preparation, processing or storage, or for the examination, of fish may apply
to the Secretary, in accordance with Form 1, for the registration of those
premises as an export establishment or as an appointed place, as the case may
be.
(2) Where the Secretary is satisfied that the premises are constructed,
equipped and operated in an efficient and hygienic manner, and are in
conformity with these Regulations, he may, subject to such conditions and
restrictions as he thinks fit, register those premises as an export
establishment or as an appointed place, as the case may be, and shall issue to
the applicant a certificate of registration in accordance with Form 2 which
shall specify-
(a) all operations which may be conducted in the premises to which it
refers; and
(b) the conditions and restrictions under which the registration is
granted.
Substituted by 1975 No. 170 r. 5
(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.
(4) Where the Secretary is satisfied that a breach of the conditions or
restrictions, subject to which an export establishment or appointed place has
been registered, has been committed, he may cancel the registration of that
export establishment or appointed place, as the case may be.
Added by 1975 No. 170 r. 5
(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.
EXPORTS (FISH) REGULATIONS - SECT. 13.
Export establishment or appointed place leased or sold
13. If an export establishment or appointed place is leased or sold, the
lessee or transferee shall not, without the approval of the Secretary, use the
premises for any of the operations specified in the certificate of
registration.
EXPORTS (FISH) REGULATIONS - SECT. 14.
Export establishment to contain freezing chamber, &c.
Sub-reg. (1) amended by 1975 No. 170 r. 6
14. (1) An export establishment in which frozen fish is processed and stored
shall-
(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 degrees 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 degrees Celsius;
(c) have approved instruments for measuring temperatures in each chamber;
(d) maintain a log of temperatures of each chamber recorded at intervals of
not more than eight hours;
(e) have the floors and walls of the packing rooms solidly constructed to a
height of not less than six feet of brick, masonry, concrete or other approved
material rendered impervious and washable, all corners being well rounded
out;
(f) have a satisfactory supply of suitable running water under pressure;
and
(g) be equipped only with approved tables, benches, troughs, trays and
other equipment which are capable of being sterilized.
Added by 1975 No. 170 r. 6
(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).
EXPORTS (FISH) REGULATIONS - SECT. 15.
Appointed place to contain storage chamber, &c.
Amended by 1975 No. 10 r. 7
15. An appointed place in which frozen fish is examined shall-
(a) contain not less than one chamber capable of maintaining fish at a
reasonably constant temperature not exceeding minus 18 degrees Celsius;
(b) have approved instruments for measuring temperatures in each chamber;
(c) maintain a log of temperatures of each chamber recorded at intervals of
not more than eight hours;
(d) be situated at or adjacent to a port from which shipment overseas
commences; and
(e) provide suitable private facilities for examinations by officers.
EXPORTS (FISH) REGULATIONS - SECT. 16.
Fish to be sent to appointed places
16. Subject to these Regulations, all fish shall be sent to an appointed
place in sufficient time before shipment to enable an officer to examine it.
EXPORTS (FISH) REGULATIONS - SECT. 17.
Examination at places other than appointed places
17. The Secretary may, in exceptional cases, permit the examination of fish
to be made at a place other than an appointed place.
EXPORTS (FISH) REGULATIONS - SECT. 18.
Transport of frozen fish from export establishment, &c.
Amended by 1975 No. 170 r. 8
18. Whenever frozen fish is moved from an export establishment to another
export establishment or to an appointed place, or from an appointed place to a
vessel for shipment overseas-
(a) transportation facilities shall be such that the temperature of the
fish shall not rise above minus 18 degrees Celsius; and
(b) the fish shall be accompanied by a certificate, signed by the grader at
the export establishment where the goods were packed, that the fish has been
passed for export.
EXPORTS (FISH) REGULATIONS - SECT. 19.
Shipping of frozen fish
Amended by 1975 No. 170 r. 9
19. Frozen fish shall not be shipped in any vessel unless that vessel is
equipped to hold the fish at a temperature not exceeding minus 15 degrees
Celsius and unless the refrigerated hold has been adequately pre-cooled prior
to loading.
EXPORTS (FISH) REGULATIONS - SECT. 20.
Notice of intention to move
Amended by 1952 No. 105 r. 1
20. A person who intends to move frozen fish from an export establishment to
another export establishment or to an appointed place shall, at least two
clear working days before the day on which he intends to move the fish, lodge
with an officer a notice, in duplicate, in accordance with Form 6.
EXPORTS (FISH) REGULATIONS - SECT. 21.
Notice of intention to export, and declaration
21. A person who intends to export any fish shall, at least three clear
working days before the proposed date of shipment, furnish to the Secretary a
notice and declaration in accordance with Form 3.
EXPORTS (FISH) REGULATIONS - SECT. 22.
False declarations
Sub-reg. (1) amended by 1967 No. 161 r. 2
22. (1) A person shall not make any false or misleading statement in any
declaration furnished in pursuance of the last preceding regulation.
Penalty: One hundred dollars.
(2) In any proceedings for an offence against the last preceding
sub-regulation, a certificate signed by the Secretary or an Assistant
Secretary to 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 prima facie evidence of the matters
certified.
(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 held at the time when the certificate
was issued, the office of Secretary or Assistant Secretary to the Department.
EXPORTS (FISH) REGULATIONS - SECT. 22A.
Fish that is unfit for human consumption
Inserted by 1975 No. 170 r. 10
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.
EXPORTS (FISH) REGULATIONS - SECT. 22B.
Pet food
Inserted by 1975 No. 170 r. 10
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.
EXPORTS (FISH) REGULATIONS - SECT. 22C.
Disposal of condemned fish
Inserted by 1975 No. 170 r. 10
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.
EXPORTS (FISH) REGULATIONS - SECT. 23.
Approved for export stamp to be applied
23. Where an officer or grader is satisfied that fish has been prepared or
processed in accordance with these Regulations he shall apply the approved for
export stamp to that fish or the container of that fish.
EXPORTS (FISH) REGULATIONS - SECT. 24.
Export permit and certificate as to examination of fish
24. (1) When an officer has examined any fish and-
(a) the fish is marked in accordance with these Regulations; and
(b) the officer is satisfied that the conditions and restrictions
applicable under these Regulations in respect of the fish have been complied
with,
he shall issue to the exporter an export permit in accordance with Form 4.
(2) When the fish is brought to a wharf for shipment, the exporter shall
deliver the export permit to the officer on duty at the ship by which the fish
is to be exported.
(3) When the officer is satisfied that the fish has been shipped in
accordance with the provisions of these Regulations, the officer shall issue
to the exporter a certificate of the condition of the fish in accordance with
Form 5.
EXPORTS (FISH) REGULATIONS - SECT. 25.
Fish may be re-examined and permit cancelled
25. (1) If an officer has reasonable cause to think that, since the
examination of any fish, the condition of the fish has changed, he may
re-examine the fish, and if, having regard to the condition of the fish as
disclosed by the re-examination, he is satisfied that-
(a) the containers are not marked in accordance with these Regulations; or
(b) any condition or restriction applicable under these Regulations has not
been complied with,
he may cancel the export permit issued in respect of the fish.
Amended by 1967 No. 161 r. 2
(2) Where an export permit has been cancelled under the last preceding
sub-regulation, the exporter shall, if so required by an officer, forthwith
surrender the permit to the officer.
Penalty: One hundred dollars.
EXPORTS (FISH) REGULATIONS - SECT. 26.
Loading of frozen fish
26. Frozen fish shall be loaded into an overseas vessel under the
supervision of an officer.
EXPORTS (FISH) REGULATIONS - SECT. 27.
Register of brands
PART V-REGISTRATION OF BRANDS
27. Subject to regulation 29 of these Regulations, the Secretary may
register any brand as a brand which may be included in the trade description
of fish, and shall keep a register of brands so registered.
EXPORTS (FISH) REGULATIONS - SECT. 28.
Application to be accompanied by copies of brand
28. An application for the registration of a brand shall be accompanied by
seven copies of the brand.
EXPORTS (FISH) REGULATIONS - SECT. 29.
Registration as trade mark necessary
29. A brand shall not be registered under these Regulations unless it is
registered as a trade mark under the Trade Marks Act 1905-1948, and the
applicant is the registered proprietor of the trade mark.
EXPORTS (FISH) REGULATIONS - SECT. 30.
Registration number
30. The Secretary shall allot a number in respect of each registered brand,
and that number may be applied to fish in conjunction with the brand.
EXPORTS (FISH) REGULATIONS - SECT. 31.
Assignments and transmissions of trade marks to be notified
31. Where a trade mark which is registered as a brand under these
Regulations is assigned or transmitted, the assignee or transmittee shall give
notice of the assignment or transmission to the Secretary.
EXPORTS (FISH) REGULATIONS - SECT. 32.
Cancellation of brand when no longer registered as a trade mark
32. Where a trade mark which is registered as a brand under these
Regulations ceases to be registered as a trade mark, the Secretary shall
cancel the registration of the brand.
EXPORTS (FISH) REGULATIONS - SECT. 33.
Prescribed goods
PART VI-MISCELLANEOUS
Substituted by 1978 No. 38 r. 3
33. Fish are prescribed goods for the purposes of section 5 of the Commerce
(Trade Descriptions) Act 1905.
EXPORTS (FISH) REGULATIONS - SECT. 33A.
Analysts
Inserted by 1978 No. 38 r. 3
33A. (1) The Minister may appoint to be analysts, for the purposes of these
Regulations, persons who he is satisfied have the necessary qualifications.
(2) The person for the time being occupying, or performing the duties of-
(a) the office of Assistant Secretary in the Analytical Services Branch in
the Department of Science; or
(b) an office in the Analytical Services Branch in the Department of
Science the designation of which includes the word "Science ",
shall be deemed to have been appointed to be an analyst under sub-regulation
(1).
(3) An analyst may analyse samples of fish that are taken by an officer
under the Commerce (Trade Descriptions) Act 1905.
EXPORTS (FISH) REGULATIONS - SECT. 34.
Certificate of analysis
Amended by 1978 No. 38 r. 4
34. A certificate given by an analyst of the result of an analysis shall be
prima facie evidence of the facts stated therein.
EXPORTS (FISH) REGULATIONS - SECT. 35.
Fees for certificates
Amended by 1967 No. 161 r. 2
35. A copy of a certificate of analysis relating to any fish may be supplied
by the Secretary to the exporter of the fish-
(a) where the analysis is made at the instance of an officer for
departmental purposes-upon payment of the sum of Ten cents; and
(b) where the analysis is made at the request of the exporter desirous of
obtaining the certificate-upon payment of the sum of One dollar five cents.
EXPORTS (FISH) REGULATIONS - SECT. 36.
Fees for officers' services
Sub-reg. (1) substituted by 1972 No. 9; amended by 1977 No. 253; 1980 No. 124
36. (1) Subject to sub-regulation (3) of this regulation, where, at the
request of a person, the services of an officer are made available to the
person for the purposes of these Regulations, the person shall be charged-
(a) in respect of services rendered-
(i) on a week day and either before the hour of seven o'clock in the
morning of that day or after the hour of ten o'clock in the night of that day;
or
(ii) on a Saturday or Sunday, a fee of $3.20 for each quarter-hour or
part of a quarter-hour during which the services are so rendered;
(aa) in respect of services rendered on a holiday-a fee of $3.90 for each
quarter-hour or part of a quarter-hour during which the services are so
rendered;
(b) in respect of services rendered on a week day and after the hour of
five o'clock in the afternoon but before the hour of ten o'clock in the night
of that day-a fee of $2.35 for each quarter-hour or part of a quarter-hour
during which the services are so rendered; or
(c) in respect of services rendered on a week day after the hour of seven
o'clock in the morning but before the hour of five o'clock in the afternoon of
that day, being services so rendered for more than eight hours-a fee of $2.35
for each quarter-hour or part of a quarter-hour during which the services are
so rendered after the services have been so rendered for eight hours.
(2) The time in respect of which the fee is charged includes 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.
Amended by 1972 No. 9
(4) In this regulation-
"holiday" in relation to the services of an officer on a day, means a day
observed, at the place at which the attendance of the officer is required, as
a holiday under section 76 of the Public Service Act 1922-1964;
"officer" has the same meaning as in section 4 of the Customs Act
1901-1965;
"week day ", in relation to the services of an officer on a day, means a
Monday, Tuesday, Wednesday, Thursday or Friday that is not a holiday in
relation to those services.
-----------
EXPORTS (FISH) REGULATIONS - SCHEDULE 1
First Schedule amended by 1951 No. 48 r. 2; 1955 No. 51 r. 2; 1956 No. 44;
1959 No. 77; 1964 No. 105 r. 2; 1965 No. 92; 1967 No. 161 r. 1; 1970 No. 145
r. 2; 1973 No. 13 r. 4; 1975 No. 170 rr. 11 and 12
SCH
SCHEDULE 1
------------------------------------------------------------------------------
-- FIRST COLUMN SECOND COLUMN THIRD COLUMN
Name or Conditions and Restrictions Provisions relating
description of
Fish to be complied with to trade descriptions
------------------------------------------------------------------------------
-- 1. Rock Lobster
Tails-
Frozen 1. Rock lobster tails-
(a) shall be clean and devoid
of foreign matter;
(b) shall not be soft-shelled
or from a female in berry;
(c) shall have the intestine
completely removed;
(d) shall be individually
wrapped in an approved
moisture-proof wrapping
material which completely
covers all flesh exposed from
the shell; and
(e) shall be packed in a
container which contains a net
weight of not more than 20
kilograms of rock lobster
tails.
2. Containers shall be clean,
new, attractive in appearance
and not likely to impart a
taint to the contents.
3. Each container-
(a) shall be wire-bound or
strapped with suitable wire or
strapping; and
(b) shall not be more than
five inches across its
narrowest internal dimension.
4. Only one variety of rock
lobster tails shall be packed
in each container.
5. Rock 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 grams
F not less than 480 grams
and less than 600 grams
G 600 grams and over
6. Rock lobster tails shall
have been processed-
(a) from rock lobsters which
have been killed by an
approved method;
(b) from rock lobsters which,
following the removal of all
intestinal parts, including
the anus, have been vigorously
washed individually in running
water under pressure; and
(c) from rock lobsters which,
at the time of processing-
(i) were free from any
abnormal condition;
(ii) were active; and
(iii) had been held under
approved conditions. 1. The trade
description on the containers shall
include-
(a) if the flesh of
the
rock lobster tails
packed in the container is
white, the letters "WT
" or, in any other case,
the letters "PK ";
(b) the words "Rock
Lobster" in bold
letters of equal size;
(c) the Grade;
(d) the serial number
or code mark allotted to the container in accordance
with sub-regulation
(1)
of regulation 9A of
these Regulations; and
(e) the number of
rock
lobster tails packed
in
the container.
2. Any printing on
wrappers touching the
flesh shall be in ink
or
colouration that will
not cause the flesh to become unfit for human
consumption.
1. Rock Lobster
Tails-
Frozen-
continued 7. Rock lobster tails-
(a) shall be placed under
refrigeration, fully prepared
for freezing, within a period
of two hours from the time of
killing;
(b) shall be reduced in
temperature to not more than
minus 12 degrees
Celsius within a
period of twelve hours from
the time of killing; and
(c) shall immediately after
having been so reduced in
temperature be transferred to
a refrigeration chamber the
temperature of which is
maintained at not more than
minus 18 degrees
Celsius.
8. Rock lobster tails shall
have been prepared, processed
and frozen in the same
establishment.
2. Rock Lobsters
(uncooked)-
Frozen-
continued 1. Rock lobsters-
(a) shall be clean and devoid
of foreign matter;
(b) shall not be soft-shelled
or a female in berry; and
(c) shall be packed in
containers which contain a net
weight of not more than 20
kilograms of rock lobsters.
2. Containers shall be clean,
new, attractive in appearance
and not likely to impart a
taint to the contents.
3. Each container shall be
wire-bound or strapped with
suitable wire or strapping.
4. Only one variety of rock
lobster shall be packed in a
container. The trade description
on
the container shall
include-
(a) the Grade;
(b) the words "Rock
Lobster" in bold
letters of equal size; and
(c) the serial number
or code mark allotted to the container in accordance
with sub-regulation
(1)
of regulation 9A of
these Regulations.
5. Rock lobsters shall be so
packed that the rock lobsters
in a container are uniform in
colour and of the same grade,
being a grade specified in 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
6. Rock lobsters shall have
been processed-
(a) from rock lobsters which
have been killed by an
approved method;
(b) from rock lobsters which
have been vigorously washed
individually in running water
under pressure; and
(c) from rock lobsters which,
at the time of processing-
(i) were free from any
abnormal condition;
(ii) were active; and
(iii) had been held under
approved conditions.
7. Rock lobsters shall not be
packed unless the rock
lobsters have each first-
(a) been placed under
refrigeration fully prepared
for freezing within a period
of two hours from the time of
killing;
(b) been reduced in
temperature to not more than
minus 10 degrees
Celsius within
twelve hours from the time of
killing; and
(c) immediately after having
been so reduced in temperature
been transferred to a
refrigeration chamber the
temperature of which is
maintained at not more than
minus 18 degrees
Celsius.
8. Rock lobsters shall be
prepared, processed and frozen
in the same establishment.
3. Rock Lobsters
(cooked)-
Frozen 1. Rock lobsters-
(a) shall be clean and devoid
of foreign matter;
(b) shall not be soft-shelled
or a female in berry; and
(c) shall be packed in
containers which contain a net
weight of not more than 20
kilograms of rock lobster.
2. Containers shall be clean,
new, attractive in appearance
and not likely to impart a
taint to the contents.
3. Each container shall be
wire-bound or strapped with
suitable wire or strapping.
4. Only one variety of rock
lobster shall be packed in
each container. The trade description
on
the containers shall
include-
(a) the Grades;
(b) the words "Rock
Lobster" in bold
letters of equal size; and
(c) the serial number
or code mark allotted to the container in accordance
with sub-regulation
(1)
of regulation 9A of
these Regulations.
5. Rock lobsters shall be so
packed that the rock lobsters
in a container are uniform in
colour and of the same grade,
being a grade specified in 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
3. Rock Lobsters
(cooked)-
Frozen-
continued 6. Rock lobsters shall have
been processed-
(a) from rock lobsters which
have been killed by an
approved method;
(b) from rock lobsters which,
following cooking but before
packing, have been vigorously
washed individually in running
water under pressure; and
(c) from rock lobsters which,
at the time of processing-
(i) were free from any
abnormal condition;
(ii) were active; and
(iii) had been held under
approved conditions.
7. Rock lobsters-
(a) shall be placed under
refrigeration, fully prepared
for freezing, within a period
of two hours from the time of
cooking; and
(b) shall be reduced in
temperature to not more than
minus 12 degrees
Celsius, and after
having been so reduced in
temperature be held in a
refrigeration chamber the
temperature of which is
maintained at not more than
10 degrees
Fahrenheit.
8. Rock lobsters shall have
been prepared, processed and
frozen in the same
establishment.
3A. Rock Lobster
Tail Meat
(cooked)-
Frozen 1. Rock lobster tail meat
shall be derived from the tail
of a rock lobster.
2. Rock lobster tail meat-
(a) shall be clean and devoid
of foreign matter;
(b) shall not be derived from
a rock lobster that was
soft-shelled or from a female
in berry; and
(c) shall be packed in
containers which contain a net
weight of not more than 25
kilograms of rock lobster tail
meat. The trade description
on
the containers shall
include-
(a) the words "Rock
Lobster Tail Meat" in
bold letters of equal
size; and
(b) the serial number
or code mark allotted to the container in accordance
with sub-regulation
(1)
of regulation 9A of
these Regulations.
3. Rock lobster tail meat
shall have been processed-
(a) from rock lobsters which
have been killed by an
approved method;
(b) from rock lobsters which
have been vigorously washed
individually in running water
under pressure; and
(c) from rock lobsters which
at the time of processing-
(i) were free from any
abnormal condition;
(ii) were active; and
(iii) had been held under
approved conditions.
3A. Rock Lobster
Tail Meat
(cooked)-
Frozen-
continued 4. The meat contained in a
container of rock lobster tail
meat shall consist only of
pieces of rock lobster tail
meat, each piece being a piece
comprising the whole of the
meat in a rock lobster tail or
a piece obtained by dividing
the meat in a rock lobster
tail-
(a) longitudinally into two
pieces; or
(b) transversely into not
more than four pieces.
5. A piece of rock lobster
shall be individually wrapped
in approved moisture-proof
wrapping material which
completely covers all the
flesh.
6. A container of rock lobster
tail meat shall be
substantially free from broken
pieces of meat.
7. Rock lobster tail meat
shall have been prepared,
processed and frozen in the
same establishment.
3B. Rock Lobster
Meat (cooked)-
Frozen 1. Rock lobster meat consists
of the meat, other than tail
meat, of a rock lobster.
2. Rock lobster meat-
(a) shall be clean and devoid
of foreign matter;
(b) shall not be derived from
a rock lobster that was
soft-shelled or from a female
in berry;
(c) shall be wrapped in
approved moisture-proof
wrapping material which
completely covers all the
flesh; and
(d) shall be packed in
containers which contain a net
weight of not more than 15
kilograms of rock lobster
meat. The trade description
on
the containers shall
include-
(a) the words "Rock
Lobster Meat" in bold
letters of equal size;
and
(b) the serial number
or code mark allotted to the container in accordance
with sub-regulation
(1)
of regulation 9A of
these Regulations.
3B. Rock Lobster
Meat (cooked)-
Frozen-
continued 3. Rock lobster meat shall
have been processed-
(a) from rock lobsters which
have been killed by an
approved method;
(b) from rock lobsters which
have been vigorously washed
individually in running water
under pressure; and
(c) from rock lobsters which,
at the time of processing-
(i) were free from any
abnormal condition;
(ii) were active; and
(iii) had been held under
approved conditions.
4. Rock lobster meat shall not
be mixed with rock lobster
tail meat (cooked).
5. Rock lobster meat shall
have been prepared, processed
and frozen in the same
establishment.
3C. Tropical Spiny
Lobster Tails-
Frozen 1. Tropical Spiny Lobster
tails-
(a) shall be clean and free
from foreign matter;
(b) shall not be soft-shelled
or from a female in berry;
(c) shall have the intestine
completely removed; and
(d) shall each be wrapped
individually in a
moisture-proof wrapping
material that completely
covers all flesh exposed from
the shell.
2. Tropical Spiny Lobster
tails shall be packed in
containers-
(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; The trade description
on
the containers shall
include-
(a) the words
"Tropical Spiny Lobster" in bold
letters of equal size;
(b) the word "Size"
or "Grade" followed by the size or grade
respectively;
(c) the number of
tropical spiny lobster
tails packed in the
container; and
(d) the serial number
or code mark allotted to the container in accordance
with sub-regulation 9A
(1).
(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.
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 grams
F not less than 480 grams
and less than 600 grams
G 600 grams and over
3C. Tropical Spiny
Lobster Tails-
Frozen-
continued 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 shell 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 degrees
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 degrees 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 stored, in a
registered land based
establishment; or
(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-
(a) be of a colour
characteristic of the species;
(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-
(a) after cooking by a method
that accords with sound
commercial practice, be firm
in texture but not excessively
tough or dry;
(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
(c) when the salt content of
the shrimp is
determined-contain not more
than 2.5 per cent salt. The trade description
on
the containers shall
include-
(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) the species of
shrimp indicated by
the
common name;
(c) in the case of
packs designated A, B, C and D, the count or a
corresponding size
grade; and
(d) the serial number
or code mark allotted to the container in accordance
with sub-regulation 9A
(1).
3D. Shrimp-
Frozen-
continued
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
sufficient 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.
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.
3D. Shrimp-
Frozen-
continued
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.
3D. Shrimp-
Frozen-
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 antennae.
11. Packs shall-
(a) contain not more 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-
(a) abalone that were healthy
and alive at the time of
shelling;
(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
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; The trade description
on
the containers shall
include-
(a) the word "Abalone
" in bold clear type; and
(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 degrees
Celsius within a period of 4
hours after shelling and were
maintained at not more than 6 degrees
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.
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
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 degrees
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 degrees
Celsius; and
(h) be packed in containers
that are new, clean,
attractive in appearance and
not likely to impart a taint
to the contents.
3E. Abalone-
Frozen-
continued 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-most
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
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; (b) the net weight
and
the drained weight of
the contents.
(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 degrees
Celsius within a period of 4
hours after shelling and were
maintained at not more than 6 degrees
Celsius until such time as
they were delivered to a land
based export establishment;
and
3F. Abalone-
Canned-
continued (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.
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