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

STATUTORY RULES.

1962. No. 37.

REGULATIONS UNDER THE CUSTOMS ACT 1901-1960 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1950.*

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 1901-1960 and the Commerce (Trade Descriptions) Act 1905-1950.

Dated this twenty-third day of May, 1962.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

(sgd.) C. F. ADERMANN

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. 

Requirements as to trade description.

1. Regulation 12 of the Exports (Fresh Fruit) Regulations is amended—

(a) by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) shall include—

(i) if the identity of the producer of the fruit was lost during the operation of packing the fruit—the prescribed particulars of the owner of the establishment in which the fruit was packed, or those prescribed particulars and, in addition, the name or registered brand of the exporter of the fruit; or

(ii) in any other case—the prescribed particulars of the producer of the fruit, or those prescribed particulars and, in addition, the name or registered brand of the exporter of the fruit or of the owner of the establishment in which the fruit was packed.”; and

* Notified in the Commonwealth Gazette on 31st May, 1962

  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; and 1961, Nos. 20 and 111.

11147/61.—Price 3d. 9/18.1.1962.

(b) by adding at the end thereof the following sub-regulation:—

“(2.) In the last preceding sub-regulation—

‘the prescribed particulars of the owner’ means the name or registered brand of the owner;

‘the prescribed particulars of the producer’ means the name or registered brand of the producer, or a number or device, approved by the Secretary, indicating the identity of the producer.”.

Third Schedule—item 1.

2.—(1.) The Third Schedule to the Exports (Fresh Fruit) Regulations is amended—

(a) by omitting from the table in sub-paragraph (4.) of paragraph 1 in the second column of item 1 the words and figures—

“Golden Delicious .. 2¼-2¾ 2 ⅜-2 ⅞ 2¼-2 ⅞”

and inserting in their stead the words and figures—

“Golden Delicious .. 2¼-2¾ 2 ⅜-2 ⅞ 2¼-3½”;

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

“Golden Delicious .. 234-125 216-113 234-113”

and inserting in their stead the words and figures—

“Golden Delicious .. 234-125 216-113 234-72”;

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

“Golden Delicious .. 220-126 200-108 220-108”

and inserting in their stead the words and figures—

“Golden Delicious .. 220-126 200-108 220-68”;

and

(d)by omitting sub-paragraph (7.) of that paragraph and inserting in its stead the following sub-paragraph:—

“(7.) Apples of the varieties Crofton, Dougherty, Jonathan, Red Jonathan, Scarlet and Yates may be exported to the United Kingdom notwithstanding that the provisions of sub-paragraph (4.), (5.) or (6.) of this paragraph, as the case may be, have not been complied with in relation to the apples if—

(a) they are of the grade Extra Fancy;

(b) in the case of apples packed in containers other than the Standard apple box or the Australian apple box—the diameter of each apple is not less than 2⅛ inches but is less than 2¾ inches; and

(c) in the case of apples packed in the Standard apple box or the Australian apple box—they are packed in such of the counts in the following table as are applicable in relation to those apples:—

Count.
Variety.	Standard apple box.	Australian apple box.
Crofton .....................................	288	300
Dougherty .................................	288	280
Jonathan ....................................	270	260
Red Jonathan .............................	270	260
Scarlet .......................................	288	280
Yates .........................................	288	280”.

(2.) The Third Schedule to the Exports (Fresh Fruit) Regulations is amended by omitting sub-paragraphs (5.) and (6.) of paragraph 7 in the second column of item 1 and inserting in their stead the following subparagraphs:—

“(5.) The apples shall be protected by the use of packing material on the top, bottom and sides of each box or tray.

“(6.) The packing material shall be of a size and quality approved by the Secretary.”.

(3.) The Third Schedule to the Exports (Fresh Fruit) Regulations is amended by adding at the end of paragraph 12 in the second column of item 1 the following sub-paragraph:—

“(2.) Where apples are packed in the Standard apple box or the Australian apple box, a shipping mark, in accordance with the last preceding sub-paragraph, shall be so placed that it faces the sides of the box.”.

(4.) The Third Schedule to the Exports (Fresh Fruit) Regulations is amended by omitting paragraph 1 in the third column of item 1 and inserting in its stead the following paragraph:—

“1. The trade description shall be placed on one end of the box, so placed that it reads from top to the bottom of the box, and shall set out—

(a) in letters or figures at least ¾ inch high the name of the variety (or the abbreviation of the name of the variety) and the number of apples contained in the box, and whether the grade of apples is ‘Extra Fancy’ or ‘Fancy’; and

(b)in letters or figures at least ½ inch high if applied to the box by means of a rubber stamp, and at least ¾ inch high if stencilled on the box, the details required to be included in the trade description by paragraph (c) of regulation 12 of these Regulations.”.

Third Schedule—item 5.

3. The Third Schedule to the Exports (Fresh Fruit) Regulations is amended by omitting paragraph 3 in the second column of item 5 and inserting in its stead the following paragraph:—

“3. The mandarins—

(a)shall be of normal shape and appearance common to the variety:

(b) shall not be dry;

(c) shall be sound;

(d) shall be of reasonably even colour; and

(e) shall have been clipped from the tree.”.

Third Schedule—item 8.

4.—(1.) The Third Schedule to the Exports (Fresh Fruit) Regulations is amended by adding at the end of paragraph 14 in the second column of item 8 the following sub-paragraph:—

“(2.) Where the pears are packed in the Standard pear box, a shipping mark, in accordance with the last preceding sub-paragraph, shall be so placed that it faces the sides of the box.”.

(2.) The Third Schedule to the Exports (Fresh Fruit) Regulations is amended by omitting paragraph 1 in the third column of item 8 and inserting in its stead the following paragraph:—

“1. The trade description shall be placed on one end of the box and shall set out—

(a) in letters or figures at least ¾ inch high the name of the variety (or the abbreviation of the name of the variety) and the size and number of the pears contained in the box, and whether the grade of the pears is ‘Extra Fancy’, ‘Fancy’ or ‘Good’; and

(b)in letters or figures at least ½ inch high if applied to the box by means of a rubber stamp, and at least ¾ inch high if stencilled on the box, the details required to be included in the trade description by paragraph (c) of regulation 12 of these Regulations.”.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.