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

STATUTORY RULES.

1949. No. 107.

REGULATIONS UNDER THE CUSTOMS ACT 1901-1947 AND

THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*

W

HEREAS by section 112 of the Customs Act 1901-1947 it is provided that the Governor-General may, by regulation, prohibit the exportation of any goods—

(a) the exportation of which would, in his opinion, be harmful to the Commonwealth; or

(b) which have not been prepared or manufactured for export under the prescribed conditions as to purity, soundness, or freedom from disease, or which do not conform to the prescribed conditions as to purity, soundness or freedom from disease:

And whereas it is provided by the said section that the said power of prohibition shall extend to authorize the prohibition of the exportation of the goods generally, or to any specified place, and either absolutely or so as to allow of the exportation of the goods subject to any condition or restriction:

And whereas I am of opinion that the exportation of fresh fruit, except subject to the conditions and restrictions prescribed by the Exports (Fresh Fruit) Regulations, as amended by the following Regulations, would be harmful to the Commonwealth :

Now therefore 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 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933.

Dated this thirtieth day of November, 1949.

W. J. McKELL

Governor General.

By His Excellency's Command,

R. T. POLLARD

Minister of State for Commerce and Agriculture and for and on behalf of the Minister of State for Trade and Customs.

Amendments of the Exports (Fresh Fruit) Regulations. 

Definitions.

1. Regulation 4 of the Exports (Fresh Fruit) Regulations is amended by omitting from the definition of “diameter” in sub-regulation (1.) the words “line joining the stem and the calyx” and inserting in their stead the words “axis of the fruit”.

* Notified in the Commonwealth Gazette on 1st December, 1949.

 Statutory Rules 1948, No. 102.

5409.—Price 3d.

Trade description.

2. Regulation 11 of the Exports (Fresh Fruit) Regulations is amended by omitting paragraph (b)of sub-regulation (2.) and inserting in its stead the following paragraph :—

“(b) shall contain—

(i) the name of the kind of fruit-in letters of at least the height (if any) specified in the Third Column of the First Schedule for setting out the name of the variety of the fruit ; and

(ii) a true description of the fruit, together with the word ‘Australia’ and the name of the State or Territory in which the fruit was produced—in prominent and legible characters; and”.

Export permit and certificate of examination.

3. Regulation 20 of the Exports (Fresh Fruit) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “, and a certificate in accordance with Form 6,”; and

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

“(4.) When an officer is satisfied that the fruit has been loaded into the ship by which the fruit is to be exported, the exporter shall be entitled to receive a certificate in accordance with Form 6 in respect of the fruit.”.

First Schedule.

4. The First Schedule to the Exports (Fresh Fruit) Regulations is amended—

(a) by omitting from the fourth column of the table in paragraph 3 in the Second Column of Item 1 the figures “8¾-9” and inserting in their stead the figures “8⅞”;

(b) by omitting from Part 1 of the Table in paragraph 1 in the Second Column of Item 2 the word, letters and figures— “Alexander | ALX | 2¼-3 | 30 | 10”;

(c) by inserting in Part III. of that Table, before the word, letters and figures “Delicious | DEL | 2¼-3½”, the word, letters and figures “Alexander | ALX | 2¼-3 | 30 | 10”;

(d) by omitting paragraph 1 in the Second Column of Item 3 and inserting in its stead the following paragraph:—

“1. The grapes shall—

(a) be sound, clean, of uniformly good colour for the variety, and firmly attached to the stalks;

(b)not be split, crushed, wet, soft, wilted, immature, shrivelled or scarred:

(c) be free from diseased, raisined or dried berries; and

(d) be not less than ⅝ inches in diameter.”; and

 

(e) by adding at the end thereof the following Item:—

“10. Tomatoes	1. The tomatoes shall be not less than 1¾ inches and not more than 3¼ inches in diameter. 2. The tomatoes shall be packed in boxes of the type described as ‘Australian half box’ in the table contained in paragraph 3 of Item 1 in this Schedule, unless the Secretary permits the use of other containers. 3. The tomatoes in any one box shall be similar in shape and general appearance, and shall be of a size within one only of the following ranges of sizes:— Not less than 1¾ inches and not more than 2 inches in diameter. More than 2 inches and not more than 2¼ inches in diameter. More than 2¼ inches and not more than 2½ inches in diameter. More than 2¾ inches and not more than 3 inches in diameter. More than 3 inches and not more than 3¼ inches in diameter. 4. The tomatoes shall be— (a) firm, evenly matured, well formed for the variety, and not deeply wrinkled; and (b) sound, clean and free from injury, disease, sunscald, sunburn, puffiners malformation, growth cracks and scars. For the purpose of this paragraph ‘puffiners malformation’ means that owing to internal open spaces the tomatoes are spongy and not firm. 5. The ground colour of the tomatoes shall have changed from a dull to a bright green, show a definite creaminess at the stylar end with no evidence of pink, and the contents of the seed cavities shall have begun to develop a jelly-like consistency: Provided that for voyages of less than seven days’ duration the Secretary may permit the export of riper tomatoes. 6. The outer layer or shown surfaces of the tomatoes in each box shall be a true indication of the contents of that box.	1. The trade description shall be placed on one end of each box, and shall be in letters at least ½ inch in height if printed on the boxes or applied by means of printed paper labels, and at least ¾ inch in height if stencilled on the boxes.
		2. The trade description shall include the word ‘Tomatoes’, the word ‘Fancy’, the grower’s name or registered brand, the name of the State or Territory in which the tomatoes were produced and the size of the tomatoes contained in the box.
		3. For the purpose of the last preceding paragraph the size of the tomatoes shall be stated as follows:—
		‘1¾ inches’ where the tomatoes are not less than 1¾ inches and not more than 2 inches in diameter;
		‘2 inches’ where the tomatoes are more than 2 inches and not more than 2¼ inches in diameter;
		‘2¼ inches’ where the tomatoes are more than 2¼ inches and not more than 2½ inches in diameter;
		‘2½ inches’ where the tomatoes are more than 2½ inches and not more than 2¾ inches in diameter;
		‘2¾ inches’ where the tomatoes are more than 2¾ inches and not more than 3 inches in diameter;
		‘3 inches’ where the tomatoes are more than 3 inches and not more than 3¼ inches diameter.”.

––––––––––––––––––

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.