Exports (Fresh Fruit) Regulations (Amendment) (Cth)

STATUTORY RULES

1971 No.

REGULATIONS UNDER THE CUSTOMS ACT 1901-1968 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1966.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia. acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1968 and the Commerce (Trade Descriptions) Act 1905-1966.

Dated this fifteenth day of March, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

(SGD) Ian Sinclair

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

Amendments of the Exports (Fresh Fruit) Regulations 

Interpretation.

1. Regulation 4 of the Exports (Fresh Fruit) Regulations is amended—

(a) by inserting in sub-regulation (1.), after the definition of “appointed place”, the following definition:—

“‘ blemish’, in relation to apples and pears, means a superficial disfigurement of the skin that is not likely to affect the keeping quality of the fruit, and ‘blemished’ has a corresponding meaning;”; and

(b) by inserting in sub-regulation (1.), after the definition of “circumference”, the following definition:—

“ ‘clipped’, in relation to citrus fruit, means cut from the tree by means of a blunt-nosed clipper or similar instrument and having the stalk trimmed smooth and not protruding to an extent likely to cause injury to other fruit;”.

Preparation of fresh fruit under supervision.

2. Regulation 15 of the Exports (Fresh Fruit) Regulations is amended by omitting from paragraph (a) of sub-regulation (2.) the words “Three shillings” and inserting in their stead the words “Thirty cents”.

Second Schedule— item 2.

3. Item 2 in the Second Schedule to the Exports (Fresh Fruit) Regulations is amended by omitting from sub-item (1.) the words “The fruit” and inserting in their stead the words “Except where otherwise provided in these Regulations, fresh fruit”.

Second Schedule— item 3.

4. Item 3 in the Second Schedule to the Exports (Fresh Fruit) Regulations is amended—

(a) by omitting from the table in sub-item (1.) the words and figures relating to the box described in that table as “Citrus”; and

* Notified in the Commonwealth Gazette on 1971.

  Statutory Rules 1955, No. 61 as amended by Statutory Rules 1956, Nos. 20, 27 and 123; 1957, No. 36; 1958, No. 24; 1959, No.6; 1960, Nos. 16 and 38; 1961,Nos. 20 and 111; 1962, No. 37; 1963, Nos. 15 and 140; 1964, Nos. 11 and 28; 1965, No. 22; 1966, Nos. 49 and 84; 1967, No. 22; 1968, No. 16; 1969, Nos. 33 and 40; and 1970, No. 33.

10781/71—Price 10c 10/3.2.1971

 

(b) by omitting from that table the words and figures relating to the box described in that table as “Standard half box” and inserting in their stead the words and figures—

“Standard half box 18 51/4 111/2 Apples, grapes and stone fruits”

Second Schedule— item 4.

5. Item 4 in the Second Schedule to the Exports (Fresh Fruit) Regulations is repealed.

Third Schedule— item 1.

6. Item 1 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended—

(a) by omitting from the table in sub-paragraph (1.) of paragraph 1 (in the second column) the words, letters and figures relating to the following varieties:—

(i) French Crab;

(ii) Gravenstein;

(iii) McIntosh Red;

(iv) Nickajack;

(v) Stayman;

(b) by omitting from sub-paragraph (2.) of paragraph 1 (in the second column) the words “varieties French Crab, Gravenstein, King Pippin, Mcintosh Red, Nickajack and Stayman” and inserting in their stead the words “variety King Pippin”;

(c) by omitting sub-paragraphs (4.), (4a.), (4b.) and (5.) of paragraph 1 (in the second column) and inserting in their stead the following sub-paragraphs:—

“(4.) Apples packed in a container other than a Standard apple box, Australian apple box. cell pack carton or tray pack shall be of a size within the range of sizes applicable in relation to the variety and destination in accordance with the following table:—

Variety	Range of Sizes (inches in diameter)
	For export to the United Kingdom or the Republic of Ireland	For export to a destination in the continent of Europe other than Sweden, Finland or Norway	For export to Sweden, Finland or Norway	For export to a destination other than the United Kingdom, the Republic of Ireland or the continent of Europe
(Inches)	(Inches)	(Inches)	(Inches)
Cleopatra....................	23/8–25/8	23/5–23/4	23/8–23/4	23/8–27/8
Cox’s Orange Pippin	21/4–25/8	23/5–25/8	21/4–23/4	21/4–23/8
Crofton.......................	21/4–23/4	23/5–23/4	21/4–23/4	21/4–23/4
Delicious....................	23/8–25/8	23/5–27/8	23/8–27/8	23/8–31/4
Democrat....................	23/8–23/4	23/5–3	23/8–23/4	23/8–31/4
Dougherty...................	23/8–25/8	23/5–23/4	23/8–23/4	23/8–23/8
Geeveston Fanny.........	23/5–25/8	23/5–23/4	23/8–23/4	23/8–23/8
Golden Delicious.........	23/8–25/8	23/5–27/8	23/8–27/8	23/8–27/8
Granny Smith..............	23/5–3	23/5–3	23/8–3	23/8–31/4
Jonathan.....................	23/5–25/8	23/5–23/4	23/8–23/4	23/8–21/4
King Cole....................	23/5–25/8	23/5–27/8	23/8–23/4	23/8–23/4
King Pippin.................	..	..	..	21/4–27/8
Legana........................	23/5–23/4	23/5–3	23/8–23/4	23/8–33/4
Red Delicious.............	23/5–25/8	23/5–27/8	23/8–23/4	23/8–33/4
Red Jonathan..............	23/5–25/8	23/5–23/4	23/8–23/4	23/8–23/4
Rokewood..................	23/5–25/8	23/5–23/4	23/8–23/4	23/8–23/4
Rome Beauty..............	23/5–23/4	21/2–27/8	23/8–23/4	23/8–3
Scarlet.........................	21/4–25/8	21/2–23/4	23/8–23/4	23/8–23/4
Statesman...................	23/5–25/8	23/5–23/4	23/8–23/4	23/8–23/4
Sturmer.......................	23/5–25/8	23/5–23/4	23/8–23/4	23/8–23/4
Tasman’s Pride...........	23/5–25/8	23/5–23/4	23/8–23/4	23/8–21/4
Yates..........................	23/5–25/8	23/5–23/4	23/8–23/4	23/8–21/4

“(5.) Apples packed in a Standard apple box or tray pack shall he packed to a count within the count range applicable in relation to the variety and destination of the apples in accordance with the following table:—

Variety	Count Range
	For export to the United Kingdom or the Republic of Ireland	For export to a destination in the continent of Europe other than Sweden, Finland or Norway	For export to Sweden. Finland or Norway	For export to a destination other than the United Kingdom, the Republic of Ireland or the continent of Europe
Cleopatra......................	198-138	180-125	198-125	198-113
Cox’s Orange Pippin	234-163	198-163	234-163	234-163
Crofton.........................	216-125	198-125	234-125	234-125
Delicious......................	198-138	198-113	198-113	198-80
Democrat......................	198-138	198-100	198-100	198-80
Dougherty....................	198-138	198-125	198-125	198-138
Geeveston Fanny...........	198-138	198-125	198-125	198-125
Golden Delicious..........	198-138	198-113	198-113	198-113
Granny Smith...............	198-125	198-100	198-100	198-80
Jonathan.......................	198-138	198-125	198-125	198-125
King Cole.....................	198-125	198-113	198-113	198-125
King Pippin...................	..	..	..	234-113
Legana..........................	198-138	198-100	198-100	198-80
Red Delicious...............	198-138	198-113	198-113	198-80
Red Jonathan................	198-138	198-125	198-125	198-125
Rokewood....................	198-138	198-125	198-125	198-138
Rome Beauty................	198-125	175-113	198-113	198-100
Scarlet..........................	216-138	198-125	198-125	198-125
Statesman.....................	193-138	198-125	198-125	198-125
Sturmer.........................	198-138	198-125	198-125	198-125
Tasman’s Pride.............	198-138	198-125	198-125	198-125
Yates............................	216-138	198-125	216-125	216-125

“(5a.) Notwithstanding the provisions of the last preceding sub-paragraph, apples of the variety Granny Smith intended for export to the United States of America or Canada, when packed in a fibreboard carton that is equipped with trays, shall be packed to a count within the count range 150-80.”;

(d) by omitting the table in sub-paragraph (6.) of paragraph 1 (in the second column) and inserting in its stead the following table:—

Variety	Count Range
	For export to the United Kingdom or the Republic of Ireland	For export to a destination in the continent of Europe other than Sweden, Finland or Norway	For export to Sweden, Finland or Norway	For export to a destination other than the United Kingdom the Republic of Ireland or the continent of Europe
Cleopatra....................	200-140	180-132	200-132	200-108
Cox’s Orange Pippin...	240-158	200-158	240-158	240-158
Crofton.......................	240-132	193-132	240-132	240-132
Delicious....................	200-132	200-120	200-120	200-83
Democrat....................	193-132	193-108	193-108	193-68
Dougherty...................	193-132	193-132	193-132	193-144
Geeveston Fanny.........	193-132	193-132	193-132	193-132
Golden Delicious.........	200-132	200-120	200-120	200-120
Granny Smith..............	200-132	200-96	200-96	200-75
Jonathan.....................	193-144	193-144	193-132	193-132
King Cole....................	200-132	200-120	200-120	200-132
King Pippin.................	..	..	..	240-120
Legana........................	200-132	200-96	200-96	200-75
Red Delicious.............	200-132	200-120	200-120	200-83
Red Jonathan..............	193-144	193-132	193-132	193-132
Rokewood..................	193-132	193-132	193-132	193-144
Rome Beauty..............	193-132	175-120	193-120	193-108
Scarlet.........................	220-144	193-132	193-132	193-132
Statesman...................	193-144	193-132	193-132	193-132
Sturmer.......................	200-132	200-132	200-132	200-132
Tasman’s Pride...........	200-132	200-132	200-132	200-132
Yates..........................	220-132	193-132	220-132	220-132

(e) by omitting the table in sub-paragraph (7.) of paragraph 1 (in the second column) and inserting in its stead the following table:—

Variety	Count Range
	For export to the United Kingdom or the Republic of Ireland	For export to a destination in the continent of Europe other than Sweden, Finland or Norway	For export to Sweden, Finland or Norway	For export to a destination other than the United Kingdom, the Republic of Ireland or the continent of Europe
Cleopatra................	200-140	180-128	200-128	200-112
Cox’s Orange Pippin	225-140	180-140	225-140	225-140
Crofton...................	225-128	180-128	225-128	225-128
Delicious................	200-140	180-112	200-112	200-80
Democrat................	200-128	180-96	200-96	200-80
Dougherty...............	200-140	180-128	200-128	200-140
Geeveston Fanny.....	200-140	180-128	200-128	200-128
Golden Delicious.....	200-140	180-112	200-112	200-112
Granny Smith..........	200-128	180-96	200-96	200-80
Jonathan.................	200-140	180-128	200-128	200-128
King Cole................	200-128	180-132	180-112	200-128
King Pippin.............	..	..	..	225-112
Legana....................	200-128	180-96	200-96	200-80
Red Delicious.........	200-140	180-112	200-112	200-80
Red Jonathan..........	200-140	180-123	200-128	200-128
Rokewood..............	200-140	180-128	200-128	200-140
Rome Beauty..........	180-128	160-112	180-112	180-96
Scarlet.....................	225-140	180-128	200-128	200-123
Statesman...............	200-140	180-128	200-123	200-128
Sturmer...................	200-140	180-128	200-128	200-128
Tasman’s Pride.......	200-140	180-128	200-128	200-128
Yates......................	200-140	180-128	200-123	200-128

(f) by omitting sub-paragraphs (8.) and (9.) of paragraph 1 (in the second column) and inserting in their stead the following subparagraphs—

“(8.) Notwithstanding the provisions of the last preceding sub-paragraph, apples of the variety Granny Smith intended for export to the United States of America or Canada, when packed in a telescopic cell pack carton, shall be packed to a count within the count range 140-80.”;

“(9.) For the purposes of this paragraph—

‘cell pack carton’ means a fibreboard carton that is equipped with fillers and pads forming individual cells, and includes a telescopic cell pack carton”;

‘colour characteristic of the variety’ means—

(a) in the case of apples of the Granny Smith variety—the normal green, or green and flushed, colouration of that variety;

(b) in the case of apples of the Red Jonathan variety—the normal full blush of that variety; and

(c) in the case of apples of any other variety—the normal pink or red colouration of apples of the particular variety;

‘count’, in relation to apples in a box or container, means the number of apples in the box or container;

‘count range’, in relation to a count of apples, means the range of numbers of apples within which the count is required to full;

‘telescopic cell pack carton’ means a fibreboard carton consisting of an inner carton equipped with fillers and pads forming individual cells and of a lid that fits over and covers the sides and ends of the inner carton;

‘tray pack’ means—

(a) a fibreboard carton that is equipped with trays; or

(b) a wooden box that is equipped with trays.”;

(g) by omitting from clause (a) of sub-paragraph (2.) of paragraph 4 (in the second column) the word “fifty” and inserting in its stead the word “thirty”;

(h) by adding at the end of paragraph 7 (in the second column) the following sub-paragraph:—

“(7.) Where, in accordance with sub-paragraph (1.) of this paragraph, the Secretary approves the packing in a fibreboard carton of apples that are not completely enclosed in wrapping paper, the fruit shall be protected from the ingress of dust in such manner as the Secretary approves.”;

(i) by omitting from sub-paragraphs (1.) and (2.) of paragraph 9a (in the second column) the words “ the temperature” and inserting in their stead the words “the core temperature”;

(j) by adding at the end of paragraph 9a (in the second column) the following sub-paragraphs:—

“(3.) Apples intended for export that are packed in wooden boxes shall not be loaded into a container system unit if the core temperature of the apples exceeds 45 degrees Fahrenheit.

“ (4.) Apples intended for export that are packed in fibreboard cartons shall be placed in cool store as soon as possible after packing and shall not be shipped if the core temperature of the apples exceeds 45 degrees Fahrenheit at the time of loading.”;

(k) by omitting from sub-paragraph (1.) of paragraph 10 (in the second column) the words “ continents of Europe and America” and inserting in their stead the words “continent of Europe, the United States of America or Canada”;

(l) by omitting from paragraph 11a (in the second column) the words “either of those substances” and inserting in their stead the words “that substance”; and

(m) by omitting paragraph 11b (in the second column) and inserting in its stead the following paragraph:—

“11b. Apples of the variety Granny Smith that are packed before the eighth day of April in the year in which they are harvested shall not be exported to any port other than a port in Asia that is not on the Mediterranean Sea or the Red Sea unless they have been subjected to an anti-scald treatment of a kind approved by the Secretary or the Secretary has authorized the exportation of the apples without their having been subjected to such a treatment.”.

Third Schedule— item 2.

7. Item 2 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended by omitting paragraphs 4 and 5 (in the second column) and inserting in their stead the following paragraphs:—

“4.—(1.) The grapes shall be packed in boxes of the type described as ‘Grape box’ or ‘ Standard half box’ in the table contained in item 3 in the Second Schedule.

“ (2.) The grapes in a Grape box shall weigh not less than 29 lb.

“ (3.) The grapes in a Standard half box shall weigh not less than 19 lb.

“ (4.) A Standard half box containing grapes shall be lined at the top, bottom, sides and ends with white paper of a quality approved by the Secretary.

“5.—(1.) The crapes shall be properly packed with the prescribed amount of granulated cork of a quality approved by the Secretary.

“ (2.) The prescribed amount of granulated cork is—

(a) in the case of grapes packed in a Grape box—not less than 41/2 lb; and

(b) in the case of grapes packed in a Standard half box—not less than 11/2 lb.

“(3.) At the time of packing there shall be thoroughly mixed with the cork through the box—

(a) an amount of Potassium Metabisulphite that—

(i) in the case of a Grape box, is not less than 10 grammes and not more than 20 grammes; and

(ii) in the case of a Standard half box, is not less than 7 grammes and not more than 14 grammes; or

(b) an amount of Sodium Bisulphite that—

(i) in the case of a Grape box, is not less than 10 grammes and not more than 15 grammes; and

(ii) in the case of a Standard half box, is not less than 7 grammes and not more than 12 grammes,

or there shall be included in the box, in such manner and in such quantity as is approved by the Secretary, such other fungicide as is approved by the Secretary.

“5a. Notwithstanding the provisions of the last two preceding paragraphs, the Secretary may, subject to compliance with such conditions as he thinks fit, permit grapes to be packed otherwise than in accordance with those paragraphs.”.

Third Schedule— item 3.

8. Item 3 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended—

(a) by inserting in paragraph 1 (in the second column), after the word “box”, the words “or carton”;

(b) by inserting in paragraph 2 (in the second column), after the word “box”, the words “or carton”;

(c) by omitting from sub-paragraph (1.) of paragraph 3a (in the second column) the word “ paragraph” and inserting in its stead the word “sub-paragraph”;

(d) by omitting paragraph 4a (in the second column);

(e) by omitting sub-paragraph (1.) of paragraph 8 (in the second column) and inserting in its stead the following sub-paragraph:—

“ (1.) Subject to this paragraph, grapefruits shall be packed—

(a) subject to such conditions as the Secretary determines, in fibreboard cartons the dimensions and construction of which are approved by the Secretary; or

(b) in wire-bound boxes the dimensions and construction of which are approved by the Secretary.”;

(f) by omitting from sub-paragraph (2.) of paragraph 8 (in the second column) the words “ that table” and inserting in their stead the words “ the table contained in item 3 in the Second Schedule”; and

(g) by inserting in paragraph 1 (in the third column), after the word “box” (wherever occurring), the words “or carton”.

Third Schedule— item 4.

9. Item 4 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended—

(a) by inserting in paragraph 1 (in the second column), after the word “box”, the words “or carton”;

(b) by inserting in paragraph 2 (in the second column), after the word “box”, the words “or carton”;

(c) by omitting from sub-paragraph (1.) of paragraph 3a (in the second column) the word “ paragraph” and inserting in its stead the word “sub-paragraph”;

(d) by omitting paragraph 4a (in the second column);

(e) by omitting sub-paragraph (1.) of paragraph 8 (in the second column) and inserting in its stead the following sub-paragraph:—

“(1.) Subject to this paragraph, lemons shall be packed—

(a) subject to such conditions as the Secretary determines, in fibreboard cartons the dimensions and construction of which are approved by the Secretary; or

(b) in wire-bound boxes the dimensions and construction of which are approved by the Secretary.”;

(f) by omitting from sub-paragraph (2.) of paragraph 8 (in the second column) the words “that table” and inserting in their stead the words “the table contained in item 3 in the Second Schedule”; and

(g) by inserting in paragraph 1 (in the third column), after the word “box” (wherever occurring), the words “or carton”.

Third Schedule— item 5.

10. Item 5 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended—

(a) by inserting in paragraph 1 (in the second column), after the word “box”, the words “or carton”;

(b) by omitting paragraph 2 (in the second column) and inserting in its stead the following paragraph—

“2.—(1.) Each mandarin shall measure not less than 2 inches in diameter,

“ (2.) The mandarins in each box or carton shall not vary in diameter by more than inch.”;

(c) by omitting clauses (d) and (e) of paragraph 3 (in the second column) and inserting in their stead the following clauses:—

“(d) shall be free from puffiness;

(e) shall be of reasonably even colour; and

(f) shall have been clipped from the tree.”;

(d) by adding at the end of paragraph 3 (in the second column) the following sub-paragraph:—

“ (2.) For the purposes of this paragraph, a mandarin shall be deemed not to be free from puffiness if the rind is obviously separated from the segments of the pulp.”;

(e) by omitting from sub-paragraph (1.) of paragraph 3a (in the second column) the word “paragraph” and inserting in its stead the word “sub-paragraph”;

(f) by omitting from paragraph 4 (in the second column) the words “shall be not less than 30 per centum of the total weight of the mandarin” and inserting in their stead the words—

“ shall—

(a) in the case of a mandarin of the Ellendale Beauty variety, be not less than 40 per centum;

(b) in the case of a mandarin of the Emperor variety, be not less than 35 per centum; and

(c) in the case of a mandarin of any other variety, be not less than 30 per centum,

of the total weight of the mandarin”;

(g) by omitting paragraph 4a (in the second column) and inserting in its stead the following paragraph:—

“4a.—(1.) The mandarins shall be in such condition that the juice has a total soluble-solids to acid ratio of not less than 7 to 1.

“(2.) The determination of the total soluble-solids to acid ratio of mandarin juice for the purposes of the last preceding sub-paragraph shall be made by a method approved by the Secretary.”;

(h) by omitting sub-paragraph (1.) of paragraph 7 (in the second column) and inserting in its stead the following sub-paragraph:—

“ (1.) Subject to this paragraph, mandarins shall be packed—

(a) subject to such conditions as the Secretary determines, in fibreboard cartons the dimensions and construction of which are approved by the Secretary; or

(b) in wire-bound boxes the dimensions and construction of which are approved by the Secretary.”;

(i) by omitting from sub-paragraph (2.) of paragraph 7 (in the second column) the words “that table” and inserting in their stead the words “the table contained in item 3 in the Second Schedule”;

(j) by inserting in paragraph 1 (in the third column), after the word “box” (wherever occurring), the words “or carton”; and

(k) by omitting paragraph 2 (in the third column) and inserting in its stead the following paragraph:—

“2. For the purposes of paragraph 1 of this item, the following abbreviations may be used in lieu of the name of the variety—

Variety	Abbreviation
Beauty of Glen Retreat	Glen
Emperor	Emp.
Dancy	Dancy
Ellendale Beauty	Ellendale”.

Third Schedule— item 6.

11. Item 6 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended—

(a) by inserting in paragraph 1 (in the second column), after the word “box”, the words “or carton”;

(b) by inserting in paragraph 2 (in the second column), after the word “box”, the words “or carton”;

(c) by omitting from sub-paragraph (1.) of paragraph 3a (in the second column) the word “paragraph” and inserting in its stead the word “sub-paragraph”;

(d) by omitting paragraph 4a (in the second column);

(e) by omitting sub-paragraph (1.) of paragraph 10 (in the second column) and inserting in its stead the following sub-paragraph:—

“ (1.) ‘Subject to this paragraph, oranges shall be packed—

(a) subject to such conditions as the Secretary determines, in fibreboard cartons the dimensions and construction of which are approved by the Secretary; or

(b) in wire-bound boxes the dimensions and construction of which are approved by the Secretary.”;

(f) by omitting from sub-paragraph (2.) of paragraph 10 (in the second column) the words “that table” and inserting in their stead the words “the table contained in item 3 in the Second Schedule”; and

(g) by inserting in paragraph 1 (in the third column), after the word “box” (wherever occurring), the words “or carton”.

Third Schedule— item 8.

12. Item 8 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended—

(a) by omitting from clause (b) of paragraph 5 (in the second column) the words “by dead black spot fungus or otherwise”;

(b) by omitting from clause (c) of paragraph 6 (in the second column) the words “by a dead black spot fungus or otherwise”; and

(c) by omitting from paragraph 13a (in the second column) the words “either of those substances” and inserting in their stead the words “that substance”.

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