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

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EXPORTS (FRESH FRUIT) REGULATIONS.

Statutory Rules 1965, No. 22.(b)

Interpretation.

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

(a)by inserting, after the definition of “appointed place”, the following definition:—

“ ‘circumference’, in relation to a banana, means the greatest circumference of the banana measured at right angles to its core;”;

(b) by inserting, after the definition of “clipped”, the following definition:—

“ ‘cluster’, in relation to bananas, means a group of not less than three and not more than nine bananas attached to one section of the peduncle;”; and

(b) Made under the Customs Act 1901–1963 and the Commerce (Trade Descriptions) Act 1905–1950 on 15 February, 1965; notified in the Commonwealth Gazette on 25 February, 1965.

 (c) by inserting, after the definition of “export establishment”, the following definitions:—

“ ‘fumigation chamber’ means a chamber registered under regulation 9a of these Regulations;

‘hand’, in relation to bananas, means a group of not less than ten bananas attached to one section of the peduncle;

‘length’, in relation to a banana, means the greatest length of the banana measured along its outside curve;”.

Export of fresh fruit prohibited subject to conditions.

2. Regulation 8 of the Exports (Fresh Fruit) Regulations is amended—

(a)by inserting in paragraph (a)of sub-regulation (1.), after the words “other than fresh”, the word “bananas,”;

(b)by inserting in paragraph (b)of that sub-regulation, after the word “fresh”, the word “bananas,”; and

(c) by inserting, after paragraph (b)in that sub-regulation, the following paragraph—

“(ba)in the case of citrus fruit that has been fumigated, the fumigation has been effectively carried out in a fumigation chamber;”.

Registration of export establishments for bananas, citrus fruit and pineapples.

3. Regulation 9 of the Exports (Fresh Fruit) Regulations is amended—

(a) by inserting in sub-regulation (1.), after the words “storage of”, the word “bananas,”; and

(b)by inserting in sub-regulation (5.), after the words “storage of”, the word “bananas,”.

Registration of fumigation chambers in respect of citrus fruits.

4. The Exports (Fresh Fruit) Regulations are amended by inserting after regulation 9 the following regulation:—

“9a.—(1.) A person who is the owner or occupier of premises that are—

(a)used for the receipt, processing, packing and storage of citrus fruits; and

(b)registered under the last preceding regulation,

may apply to the Secretary for the registration of a chamber at those premises as a fumigation chamber for citrus fruits.

“(2.) An application made in pursuance of the last preceding sub-regulation shall be in accordance with Form 1a and shall be accompanied by detailed specifications showing the type of construction of the chamber, its capacity, and the plant and equipment used or to be used in connexion with the operation of the chamber and the manner in which and the means by which, fumigation is or will be carried out in the chamber.

“(3.) Where—

(a)the construction, plant and equipment have been examined and approved by an officer; and

(b)in the opinion of the officer, fumigation is capable of being carried out in the fumigation chamber in an efficient manner and by hygienic means,

the Secretary may register the chamber as a fumigation chamber.

 “(4.) The Secretary shall issue a certificate of registration in accordance with Form 2a in respect of a chamber registered under this regulation.

“(5.) Where—

(a)fumigation is not being carried out in a fumigation chamber in an efficient manner or by hygienic means; or

(b)the premises at which the fumigation chamber is situated ceases to be an export establishment,

the Secretary may cancel the registration of the chamber as a fumigation chamber.”.

Analysts.

5. Regulation 29 of the Exports (Fresh Fruit) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) The following offices are prescribed offices for the purpose of the last preceding sub-regulation:—

(a) Assistant Comptroller-General (being the office of that designation in the Laboratory Branch);

(b)Chief Chemist;

(c)Chemist Class III.;

(d)Chemist Class II.; and

(e)Chemist Class I.”.

Second Schedule.

6. The Second Schedule to the Exports (Fresh Fruit) Regulations is amended—

(a)by omitting the table in sub-item (1.) of item 3 and inserting in its stead the following table:—

Description of box or tray.

Inside measurement in inches (clear of divisions).

Kind of fruit for which box or tray shall be used.

Length.

Depth.

Width.

Australian apple box

18

14¼

8⅞

Apples

Australian banana box

18

13

Bananas

Australian half box.....................

18

8⅞

Apples and stone fruits

Banana bushel box......................

18

10⅓

12

Bananas

Citrus.........................................

24

11½

11½

Citrus fruits

Grape.........................................

245/16

12½

Grapes

Long half box.............................

26

7⅛

6

Stone fruits

Long pear box............................

26

14¼

6

Pears

Pineapple...................................

24¾

10

12

Pineapples

Standard apple box.....................

18

10½

11½

Apples

Standard banana box

18

8⅞

14¼

Bananas

Standard half box........................

18

11½

Apples and stone fruits

Standard pear box.......................

18

11½

Pears

Tray...........................................

18

Any depth not exceeding 4 inches

14¼

All fruits

Tray...........................................

18

Any depth not exceeding 4 inches

11½

All fruits

Tropical.....................................

24¾

12

12

Pineapples

(b)by omitting from paragraph (e)of item 4 the words “aperture ½ wide” and inserting in their stead the words “aperture ½ inch wide”;

(c) by inserting after item 11 the following items:—

“11a. A box described as ‘Australian banana box’ in the table contained in item 3 in this Schedule shall be constructed in accordance with the following specifications:—

(a) Each end shall measure 13 inches wide and 9½ inches deepby ⅝ inch thick and shall be made of one piece, or two pieces effectively joined.

(b)Each side shall consist of three pieces, each piece being 194 inches long by 3 inches wide and—

(i) if made of hardwood—½ to ⅜ inch thick; or

(ii) if made of softwood—not less than 5/16 inch thick.

(c)The top shall consist of two pieces, each piece being 19¼ inches

long by 6¼ inches wide and—

(i) if made of hardwood—3/16 to ¼ inch thick; or

(ii) if made of softwood—not less than 5/16 inch thick.

(d)The bottom shall consist of two pieces, each piece being 19¼ inches long by 6¼ inches wide and—

(i) if made of hardwood—¼ to 5/16 inch thick; or

(ii) if made of softwood—not less than 5/16 inch thick.

“11b. A box described as ‘Banana bushel box’ in the table contained in item 3 in this Schedule shall be constructed in accordance with the following specifications:—

(a)Each end shall measure 12 inches wide by 10⅓ inches deep by ⅝ inch thick and shall be made of one piece, or two pieces effectively joined.

(b) Each side shall consist of three pieces, each piece being 19¼ inches long by 3¼ inches wide and—

(i) if made of hardwood—¼ to ⅜ inch thick; or

(ii) if made of softwood—not less than 5/16 inch thick.

(c) The top shall consist of two pieces, each piece being 19¼ inches long by 5¾ inches wide and—

(i) if made of hardwood—3/16 to ¼ inch thick; or

(ii) if made of softwood—not less than 5/16 inch thick.

(d)The bottom shall consist of two pieces, each piece being 19¼ inches long by 5¾ inches wide and—

(i) if made of hardwood—¼ to 5/16 inch thick; or

(ii) if made of softwood—not less than 5/16 inch thick.

“11c. A box described as ‘Standard banana box’ in the table contained in item 3 in this Schedule shall be constructed in accordance with the following specifications:—

(a)Each end shall measure 14¼ inches wide by 8⅞ inches deep by ⅝ inch thick and shall be made of one piece, or two pieces effectively joined.

(b)Each side shall consist of two pieces, each piece being 19¼ inches long by 4⅛ inches wide and—

(i) if made of hardwood—¼ to ⅜ inch thick; or

(ii) if made of softwood—not less than 5/16 inch thick.

(c)The top shall consist of three or four pieces, each piece being 19¼ to 195/16 inches long and—

(i) if made of hardwood—3/16 to ¼ inch thick; or

(ii) if made of softwood—not less than 5/16 inch thick, the combined width of all pieces being not less than 13¼ inches.

 (d)The bottom shall consist of three or four pieces, each piece being 19¼ inches long and—

(i) if made of hardwood—¼to 5/16 inch thick; or

(ii) if made of softwood—not less than 5/16 inch thick, the combined width of all pieces being not less than 13½ inches.”;

(d)by omitting from item 12 the words and figures “items 3 to 11 (inclusive)” and inserting in their stead the words and figures “items 3 to 11c (inclusive)”; and

(e)by omitting from item 13 the words and figures “items 3 to 11 (inclusive)” and inserting in their stead the words and figures “items 3 to 11c (inclusive)”.

Third Schedule.

7. 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 of item 1 the words and figures—

“Delicious............................

DEL......................

50

25”

and inserting in their stead the words and figures—

“Delicious............................

DEL......................

50

30”;

(b)by omitting from the table in sub-paragraph (5.) of that paragraph the words and figures—

“Jonathan...............................

234–150

198–113

234–113”

and inserting in their stead the words and figures—

“Jonathan

234–150

198–125

234–125”;

(c) by omitting from the table in sub-paragraph (5.) of that paragraph the words and figures—

“Red Jonathan........................

234–150

198–113

270–113”

and inserting in their stead the words and figures—

“Red Jonathan........................

234–150

198–125

270–125”;

(d)by omitting from the table in sub-paragraph (6.) of that paragraph the words and figures—

“Jonathan...............................

240–154

200–120

240–120”

and inserting in their stead the words and figures—

“Jonathan...............................

240–154

200–132

240–132”;

(e)by omitting from the table in sub-paragraph (6.) of that paragraph the words and figures—

“Red Jonathan.......................

240–154

200–120

260–120”

and inserting in their stead the words and figures—

“Red Jonathan.......................

240–154

200–132

260–132”;

(f) by omitting from sub-paragraph (8.) of that paragraph the words “of the varieties Cleopatra, Granny Smith, Jonathan and Red Jonathan” and inserting in their stead the words “of the varieties referred to in the table in this subparagraph”;

 (g)by omitting the table in sub-paragraph (8.) of that paragraph and inserting in its stead the following table:—

Variety.

Count.

Standard Apple Box.

Australian Apple box.

Cleopatra..............................................................................

216

220

Crofton.................................................................................

216

220

Delicious..............................................................................

216

220

Geeveston Fanny...................................................................

216

220

Golden Delicious..................................................................

216

220

Granny Smith.......................................................................

234

240

Jonathan...............................................................................

234

240

Legana..................................................................................

216

220

Red Jonathan........................................................................

234

240

Rokewood............................................................................

234

240

Rome Beauty........................................................................

216

220

Tasman’s Pride.....................................................................

216

220

Yates....................................................................................

234

240

(h)by inserting in paragraph 2 in the second column of item 1, after the words “Geeveston Fanny”, the words “King Cole,”; and

(i) by inserting, after paragraph 9 in the second column of item 1, the following paragraph:—

“9a.—(1.) Apples of the varieties Worcester Pearmain and King Cole intended for export shall be placed in cool store as soon as possible after packing and shall not be shipped if the temperature of the apples is above 45 degrees Fahrenheit at the time of loading.

“(2.) Apples of the varieties Jonathan and Red Jonathan intended for export to a country in the continent of Europe other than Sweden, Norway and Finland shall be placed in cool store as soon as possible after packing and shall not be shipped if the temperature of the apples is above 45 degrees Fahrenheit at the time of loading.”.

Third Schedule.

8. The Third Schedule to the Exports (Fresh Fruit) Regulations is emended by inserting after item 1 the following item:—

1a. Bananas

1. Each box shall contain bananas of the Cavendish or related varieties only.

1. The trade description shall be placed on one end of each box and shall include—

2. Except where the Secretary otherwise approves, each box shall contain clusters only or hands only, except that in the case of a box containing hands 20 per centum by weight of the contents may be clusters.

(a) in letters or figures at least ½ inch high if printed on the box or applied by means of printed paper labels and at least ¾ inch high if stencilled on the box—

3. The bananas shall be—

(i) the words “Export Bananas”; and

(a) hard and green;

(ii) the name of the variety and grade of the bananas contained in the box; and

(b) in a condition that will ensure normal ripening at the intended port of destination; and

(c)free from injury caused by chilling and from floral remains, stains and other foreign matter.

(b) in letters at least ½ inch high—

(i) the word “Australia”; and

(ii) the grower’s or exporter’s name or registered brand.

4. The bananas shall be washed with clean water and then treated with a fungicide approved by the Secretary.

865/66.—4

5. Each banana shall be free from blemishes or, if a banana is not free from blemishes, the surface area of the blemishes on the banana shall not exceed 3 per centum of the surface area of the banana and the weight of bananas so blemished that are packed in a box shall not exceed 10 per centum of weight of the bananas in the box.

6. The bananas may be dipped in a wax emulsion approved by the Secretary.

7. Bananas shall be packed in one of three grades, namely, “Extra Large”, “Large” or “Medium”.

8. Bananas shall not be described as “Extra Large” unless the bananas are 8½ inches or more in length and 4½ inches or more in circumference.

9. Bananas shall not be described as “Large” unless the bananas are 7 inches or more but less than 8½ inches in length and 4½ inches or more in circumference.

10. Bananas shall not be described as “Medium” unless the bananas are 5½ inches or more but less than 7 inches in length and 4 inches or more in circumference.

11.—(1.) Subject to the next succeeding sub-paragraph, bananas shall be packed in boxes of the type described as “Australian banana box “, “Banana bushel box” or “Standard banana box” in the table contained in item 3 in the Second Schedule.

(2.) Bananas may be packed in cartons of a type and size both approved by the Secretary.

12. Where the bananas are packed in wooden boxes or cartons, each box and carton shall be packed without a bulge and, inthe case of bananas packed in a box, the bananas shall be protected on all sides by packing material of fibreboard, or clean white paper, of a quality approved by the Secretary.

13. Within 48 hours after harvesting the bananas, the pulp temperature of the bananas shall be not more than 56 degrees Fahrenheit and not less than 53 degrees Fahrenheit and shall be maintained within that temperature range until the time of delivery for shipment.

14. The bananas shall not be shipped if their pulp temperature is above 58 degrees Fahrenheit at the time of loading.

Third Schedule.

9. The Third Schedule to the Exports (Fresh Fruit) Regulations is amended by omitting paragraph 2 in the second column of item 2 and inserting in its stead the following paragraph:—

“2. The filtered juice of the grapes when measured with a Brix hydrometer calibrated at a temperature of 68 degrees Fahrenheit or a refractometer of a type approved by the Secretary shall measure not less than 18.4 degrees Brix.”.

Third Schedule.

10. The Third Schedule to the Exports (Fresh Fruit) Regulations is amended by omitting paragraphs 2 and 3 in the second column of item 6 and inserting in their stead the following paragraphs:—

“2. Each orange shall measure not less than 2 inches in diameter, except in the case of oranges intended for export to North America, the continent of Europe and the United Kingdom, when each orange shall measure not less than 2¼ inches in diameter. The oranges in each box shall not vary in diameter more than ¼ inch.

“3. The oranges shall not be dry. They shall be mature, of normal shape and appearance common to the variety, sound, of reasonably even colour and when intended for export to North America, the continent of Europe, New Zealand, and the United Kingdom shall have been clipped.

“3a. The oranges shall be treated with a fungicide and in a manner both approved by the Secretary and, where the oranges are washed in water or immersed in a wax emulsion, the water or wax emulsion shall also contain a fungicide of a type and in a concentration both approved by the Secretary.”.

Third Schedule.

11. The Third Schedule to the Exports (Fresh Fruit) Regulations is amended by inserting in paragraph 3 in the third column of item 7 after the words—

“Hale Haven...........................................................................................

H. Haven”

the following words and letters:—

“Golden Queen......................................................................................................

G.Q.

Phillips Cling..........................................................................................................

P.H.C.

Pullar’s Cling.........................................................................................................

PULC.”.

Third Schedule.

12. The Third Schedule to the Exports (Fresh Fruit) Regulations is amended by inserting after paragraph 6 in the second column of item 8 the following paragraph: —

“6a. Notwithstanding the provisions of the last three preceding paragraphs in relation to the size of pears, in the case of pears referred to in the following table that are packed in a standard pear box, a long pear box or a standard apple box, those pears shall be packed in accordance with a count not longer than that specified in that table in relation to the grade of those pears:—

Name of Variety.

Standard Pear Box.

Long Pear Box.

Standard Apple Box.

Extra Fancy Grade.

Fancy and Good Grade.

Extra Fancy Grade.

Fancy and Good Grade.

Extra Fancy Grade.

Fancy and Good Grade.

Beurre Bosc..........................

180

195

168

192

216

234

Beurre D’anjou.....................

195

210

192

216

234

252

Doyenne du Cornice..............

195

210

192

216

234

252

Glou Morceau.......................

180

195

168

192

216

234

Josephine..............................

210

228

216

240

252

273

Packhams Triumph................

195

210

192

216

234

252

Winter Cole..........................

210

228

216

240

252

273

Winter Nelis..........................

210

228

216

240

252

273

Fourth Schedule.

13. The Fourth Schedule to the Exports (Fresh Fruit) Regulations is amended by omitting from

Form 1 the words “storage of

citrus fruits

intended for “and inserting in their stead the words

pineapples

bananas

“storage of

citrus fruits

intended for”.

pineapples

Fourth Schedule.

14. The Fourth Schedule to the Exports (Fresh Fruit) Regulations is amended by inserting after Form 1 the following Form:—

Form 1a.  Regulation 9a.

Commonwealth of Australia.

Exports (Fresh Fruit) Regulations.

APPLICATION FOR REGISTRATION OF A FUMIGATION CHAMBER.

The Secretary,

Department of Primary Industry, Canberra.

I , of

hereby apply, in pursuance of the Exports (Fresh Fruit) Regulations, for the registration of a chamber at premises registered as an export establishment for fresh citrus fruit and situated at   in the State of  as a fumigation chamber for the fumigation of fresh citrus fruits intended for export and I enclose detailed specifications showing the type of construction of the chamber, its capacity, and the plant and equipment available for use in connection with its operation.

Dated this day of , 19 .

 (Signature of applicant.)

Fourth Schedule.

15. The Fourth Schedule to the Exports (Fresh Fruit) Regulations is amended by inserting after Form 2 the following Form:—

Form 2a. Regulation 9a.

Commonwealth of Australia.

Exports (Fresh Fruit) Regulations,

CERTIFICATE OF REGISTRATION OF A FUMIGATION CHAMBER.

Registration No.

I HEREBY CERTIFY that, in pursuance of the Exports (Fresh Fruit) Regulations, that part of premises situated at  in the State

of

and

owned

by

occupied

and used as a fumigation chamber has been registered as a fumigation chamber in respect of fresh citrus fruits intended for export.

Dated this  day of , 19 .

Secretary,

 Department of Primary Industry.

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