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

STATUTORY RULES.

1939. No. 12.

 

REGULATIONS UNDER THE CUSTOMS ACT 1901-1936 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*

WHEREAS by section 112 of the Customs Act 1901-1936 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 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933.

Dated this twenty second day of February 1939.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

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

 

Amendments of the Exports (Fresh Fruit) Regulations. 

Interpretation.

1. In these Regulations, any reference to a regulation or Schedule shall be read as a reference to a regulation or Schedule contained in the Exports (Fresh Fruit) Regulations, as amended to the date of commencement of these Regulations.

 

* Notified in the Commonwealth Gazette on , 1939.

  Statutory Rules 1938, No. 29 as amended by Statutory Rules 1938, Nos. 38 and 60.

7144.—8/11.1.1939.—Price 5d.

Definitions.

2. Regulation 4 is amended—

(a) by omitting the definition of “disease” and inserting in its stead the following definition:—

“ ‘disease’ means any abnormal condition of or in fresh fruit, and includes any condition arising from functional disorders, or caused by, or due to, the presence, operation, development or growth of any insect, fungus, bacterium or virus;”;

(b) by omitting the definitions “dry” in relation to mandarins, “dry” in relating to oranges, “mature” in relation to grapes, and “mature” in relation to oranges; and

(c) by inserting after the definition of “season” the following definition:—

“ ‘sound’ means not over-ripe, not soft, not wilted, free from disease, and free from excessive bruising or physical injuries affecting the keeping quality of the fruit;”.

Export of fresh fruit prohibited except subject to conditions.

3. Regulation 6 is amended by omitting paragraph (a) of sub-regulation (1.) and inserting in its stead the following paragraphs:—

“(a) in the case of fresh fruit (other than fresh citrus fruit), the Secretary is satisfied that the fruit has been prepared and packed for export in an establishment which is constructed, equipped and operated in an efficient and hygienic manner;

(aa) in the case of fresh citrus fruit, the fruit has been prepared in an establishment which has, prior to the commencement of the season in which the fruit was grown, been registered as an export establishment in accordance with these Regulations;”.

Registration of export establishments for citrus fruits.

4. After regulation 6 the following regulation is inserted:—

“6a.—(1.) Any person who is the owner or occupier of any premises used for the receipt, processing, packing or storage of citrus fruits may apply to the Secretary, in accordance with Form 7, for the registration of the premises as an export establishment.

(2.) If the Secretary is satisfied that the premises are constructed, equipped and operated in an efficient and hygienic manner and comply with the following conditions, he shall register the premises as an export establishment:—

(a) The establishment shall be of such a nature as to minimize any harbourage for fungi or insects and any contamination of the citrus fruits by foreign substances during the operations of stacking, handling, loading, processing, grading and packing.

(b) The establishment shall be so constructed as to be sufficiently lighted for the purposes of efficient inspection and for the operations of the packing shed.

(c) The establishment shall be ventilated in a manner approved by an officer.

(d) The floors of the establishment shall be constructed of concrete or other suitable material, which shall permit of rapid and effective cleansing.

(e) The plant and equipment shall be of types approved by an officer.

(3.) The registration of an export establishment shall remain in force until such time as it is cancelled by the Secretary or the premises cease to be used for the receipt, processing, packing or storage of citrus fruits.

(4.) The Secretary may cancel the registration of an export establishment if he is satisfied that—

(a) the premises are not constructed, equipped and operated in an efficient and hygienic manner;

(b)the premises no longer comply with all the conditions specified in sub-regulation (2.) of this regulation;

(c)the establishment is not, at such times as an officer considers necessary, cleansed throughout, and the plant, and such parts of the building as are directed by an officer, treated with a disinfectant approved by the officer; or

(d) the premises and immediate surroundings are not kept free from all waste fruit and debris.

(5.) A certificate in accordance with Form 8, signed by the Secretary or by any officer thereto authorized in writing by the Secretary, shall be prima facie evidence of the facts therein stated”.

Trade description.

5. Regulation 10 is amended—

(a) by omitting from paragraph (b) of sub-regulation (2.) the words “may include in addition”;

(b) by omitting paragraph (c) of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(c) shall include—

(i) the name or registered brand of the producer and may include in addition the name or registered brand of the exporter:

Provided that where the identity of fruit grown by several producers is lost during the operation of packing for export, the name or registered brand of the owner of the establishment in which the fruit was packed shall be included in lieu of the name or registered brand of the producer; or

(ii) the name or registered brand of the exporter, together with a number or device which has been notified to the Department prior to the export of the fruit and indicates the identity of the producer”; and

(c) by omitting sub-regulation (3.).

 

Preparation of fresh fruit under supervision.

6. Regulation 13 is amended by omitting from sub-regulation (1.) the words “and that person may then attach or affix to coverings containing the fruit a label setting out that the fruit has been prepared under such supervision and the supervising officer may sign or stamp his name upon the label”.

7. Regulation 17 is repealed and the following regulation inserted in its stead:—

Notice of intention to export and declaration.

“17.—(1.) A person who intends to export any fresh fruit shall furnish to the Department a notice in writing in accordance with Form 1 at least one clear working day before the proposed date of shipment.

(2.) The owner of any fresh fruit submitted for inspection and examination, or the duly authorized agent of the owner, shall deliver to the examining officer, at the time when the fruit is so submitted, a notice and declaration in accordance with Form 2.

(3.) The exporter of any fresh fruit exported shall furnish to the Department a notice and declaration in accordance with Form 3 within three days after shipment”.

Export permit and certificate of examination.

8. Regulation 19 is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where an officer has examined any fresh fruit intended for export and he is satisfied that the whole or part thereof—

(a) is marked in the prescribed manner with the prescribed trade description; and

(b) complies with the conditions and restrictions applicable under these Regulations in respect thereof,

he shall sign the certificate at the foot of the notice in accordance with Form 2, and the exporter shall be entitled to receive an export permit in accordance with Form 5, and a certificate in accordance with Form 6, in respect of the fruit as to which the officer is so satisfied”; and

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

“(3.) The fresh fruit shall not be loaded into any vessel except in the presence of an officer”.

Inspection fees.

9. Regulation 30 is amended—

(a) by omitting from sub-regulation (1.) the words “the exporter” and inserting in their stead the words “any person”; and

(b) by adding to the end of sub-regulation (1.) the words “and shall be payable by the person making the request for the services of the officer”.

First Schedule, item 2.

10. Item 2 in the First Schedule is amended by omitting from paragraph 2 (in the second column) the figures “40”and inserting in their stead the figures “42”.

First Schedule, item 3.

11. Item 3 in the First Schedule is amended by adding after paragraph 1 (in the second column) the following paragraph:—

“2. The filtered juice of the grapes shall be not less than 9 degrees Beaume at 60 degrees Fahrenheit”.

First Schedule, item 4.

12. Item 4 in the First Schedule is amended by adding after paragraph 4 (in the second column) the following paragraph:—

“4a. The weight of juice extractable (by means of rotating the halves of a freshly divided mandarin on a conical glass lemon squeezer under hand pressure only and straining the resultant juice through a strainer of not less than 30 meshes to the lineal inch) shall be not less than 30 per centum of the total weight of the mandarin”.

First Schedule, item 5.

13. Item 5 in the First Schedule is amended—

(a) by adding at the end of paragraph 3 (in the second column) the words “The oranges in each box shall not vary in diameter by more than ¼ inch.”; and

(b) by inserting after paragraph 4 (in the second column) the following paragraphs:—

“4a. The weight of juice extractable (by means of rotating the halves of a freshly divided orange on a conical glass lemon squeezer under hand pressure only and straining the resultant juice through a strainer of not less than 30 meshes to the lineal inch) shall be not less than 35 per centum of the total weight of the orange.

“4b. The oranges shall be in such condition that the quantity of N/10 soda solution required to neutralize the acidity content of ten cubic centimetres of juice drawn from the mixed juices of not less than five oranges taken at random from any box or boxes bearing a similar mark shall be not more than—

(a) thirty cubic centimetres in the case of oranges intended for shipment to any place in Europe; and

(b) twenty six cubic centimetres in the case of oranges intended for shipment to any other place”.

First Schedule, item 6.

14. Item 6 in the First Schedule is amended—

(a) by inserting after the proviso to paragraph 1 the following proviso:—

“Provided further that pears of the Broom Park variety (abbreviation ‘B. Park’) may be exported to places other than the United Kingdom.”;

(b) by inserting in the table contained in that paragraph, opposite to the words “Beurre Bose”, “Beurre D’Anjou” and “Beurre Hardy”, respectively, the abbreviations “Bose”, “Anjou” and “Hardy”; and

(c) by omitting from that table the words “Doyenne de Cornice” and inserting in their stead the words “Doyenne du Comice”.

First Schedule, item 7.

15. Item 7 in the First Schedule is amended—

(a) by omitting from paragraph 3 (in the second column) the figures “1¼” and inserting in their stead the figures “1½”; and

(b) by inserting in the third column the following paragraphs:—

“1. The trade description shall be placed on one end of each box and shall set out the name of the variety and the size of the plums contained in the box.

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

Variety.	Abbreviation.
Ponds Seedling........................................................	Ponds.
Grand Duke.............................................................	G. Duke.
Golden Drop............................................................	G. Drop.
Willson Seedling......................................................	Wills.
President.................................................................	Pres.”.

Second Schedule, Forms 1-4.

16. The Second Schedule is amended by omitting Forms 1, 2, 3 and 4 and inserting in their stead the following Forms:—

“Form 1. Reg. 17.

Commonwealth of Australia.

Exports (Fresh Fruit) Regulations.

NOTICE OF INTENTION TO EXPORT.

19

To the Department of Commerce,

Port of

* Strike out whichever is inapplicable.

*I/*We hereby give notice that approximately boxes of   will be shipped by *me/*us per and will be available for inspection at  on .

........................................................

(Signature of Exporter).

 

“Form 2. Reg. 17.

Commonwealth of Australia.

Exports (Fresh Fruit) Regulations.

NOTICE OF SUBMISSION OF FRESH FRUIT FOR EXAMINATION.

19

To the Department of Commerce,

* Strike out whichever is inapplicable.

*I/*We submit herewith, for the purpose of being examined by an officer, the fresh fruit specified  *hereunder/*on the attached statement.

The fruit is to be shipped per to on / / .

*I/*We hereby declare—

(a) that *I am/*we are the *owner (s)*/agent (s) duly authorized by the owner (s) of the fresh fruit so specified;

(b) that the conditions and restrictions applicable in respect of the fruit under the Exports (Fresh Fruit) Regulations have been complied with;

(c) that the fruit is marked in the prescribed manner with the prescribed trade description; and

 

(d) that the fruit in its present state has not been previously examined and rejected by an officer.

Grower’s Name and Address.	Kind and Variety of fruit.	Grade.	Packages.
			Size or Count.				Total.
			No.	No.	No.	No.		No.

.....................................................

(Signature of owner or agent.)

.................................................................

(Witness to signature of owner or agent.)

 

Certificate by Examining Officer.

I hereby certify that, with the exception of

I am satisfied that—

(a) the conditions and restrictions applicable to the fresh fruit referred to above under the Exports (Fresh Fruit) Regulations have been complied with; and

(b) the fruit is marked in the prescribed manner with the prescribed trade description.

..............................................

(Examining Officer.)

/ /

 

“Form 3. Reg. 17.

Commonwealth of Australia.

Exports (Fresh Fruit) Regulations.

STATEMENT OF FRESH FRUIT SHIPPED PER

19

To the Department of Commerce,

Port of

* Strike out whichever is inapplicable.

*I/*We hereby declare that fresh fruit as specified hereunder was shipped by *me/*us per  which sailed from this port on / / , and that I received an export permit in respect thereof in accordance with the provisions of the Exports (Fresh Fruit) Regulations:—

Kind of fruit. Variety. Grower’s Shipping marks. Quantity (boxes). Destination.

..............................................

(Signature of exporter)”.

......................................................

(Witness to signature of exporter.)

 

Second Schedule, Forms 7 and 8.

17. The Second Schedule is amended by adding after Form 6 the following Forms:—

“Form 7. Reg. 6a.

Commonwealth of Australia.

Exports (Fresh Fruit) Regulations.

APPLICATION FOR REGISTRATION OF EXPORT ESTABLISHMENT.

The Secretary,

Department of Commerce,

Canberra.

* Strike out whichever is inapplicable.

  Here insert full name of applicant.

‡ Here insert address of applicant.

§ Here insert name of establishment.

*I/*We,  

of‡

hereby apply, in pursuance of the Exports (Fresh Fruit) Regulations, for the registration of the§   situated at in the State of as an Export Establishment for the receipt, processing, packing and storage of citrus fruits intended for export, and I (or we) declare—

(a) that *I am/*we are the *owner (s)/*occupier (s) of the said premises; and

(b) that the said premises are constructed, equipped and operated in an efficient and hygienic manner.

Dated this day of 19 .

............................................................

(Signature(s) of applicant(s).)

 

“Form 8. Reg. 6a.

Commonwealth of Australia.

Exports (Fresh Fruit) Regulations.

CERTIFICATE OF REGISTRATION OF EXPORT ESTABLISHMENT.

Registration No. .

* Strike out whichever is inapplicable.

This is to certify that, in pursuance of the Exports (Fresh Fruit) Regulations, the premises situated at  in the State of and *owned/*occupied by   have been registered as an Export Establishment in respect of citrus fruits intended for export.

Dated this day of 19  .

.............................................

(Secretary, Department of Commerce.)”.

 

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