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

Statutory Rules

1973 No. 140

REGULATIONS UNDER THE CUSTOMS ACT 1901-1971 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1966.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Customs Act 1901-1971 and the Commerce (Trade Descriptions) Act 1905-1966.

Dated this nineteenth day of July, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

K. S. WRIEDT

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 

Third Schedule—item 1.

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

(a) by inserting after paragraph 7 (in the second column) the following paragraph:—

“7a. (1) Subject to sub-paragraph (2), apples shall be packed so that leaves, stems and other pieces of apple trees are not packed with them.

“(2) Any apple may be packed with a leafless stem attached to it.”; and

(b) by omitting paragraph 4 (in the third column) and substituting the following paragraph:—

“4. Notwithstanding the provisions of paragraph 1, the trade description applied to bulk bins shall set out the size or size range of the apples packed in the bin.”.

Third Schedule—item 2.

2. Item 2 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended by adding at the end of the table in paragraph 2 (in the third column) the words—

“Flame Tokay....................................................................................... F.T.”.

* Notified in the Australian Government Gazette on 26 July 1973.

  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; 1970, No. 33; 1971, Nos. 35 and 104; and 1972, No. 36.

 

Third Schedule—item 8.

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

(a) by inserting after paragraph 2 (in the second column) the following paragraph:—

“2a. (1) Subject to sub-paragraph (2), pears shall be packed so that leaves, stems and other pieces of pear trees are not packed with them.

“(2) Any pear may be packed with a leafless stem attached to it.”.

(b) by omitting sub-paragraph (b) of paragraph 5 (in the second column) and substituting the following sub-paragraph:—

“(b) if the pears are blemished—

(i) the blemishes are only superficial;

(ii) in the case of pears of a variety other than Packhams Triumph, the number of pears affected does not exceed ten per centum of the number of pears in the box, tray or fibreboard carton;

(iii) in the case of pears of the Packhams Triumph variety, the number of pears affected does not exceed twenty-five per centum of the number of pears in the box, tray or fibreboard carton;

(iv) in the case of pears of a variety other than Packhams Triumph, the total area covered by blemishes on an affected pear does not exceed the area contained in a circle having a diameter of one-quarter of an inch; and

(v) in the case of pears of the Packhams Triumph variety, the total area covered by blemishes on an affected pear does not exceed the area contained in a circle having a diameter of three-eighths of an inch.”;

(c) by adding at the end of paragraph 5 (in the second column) the following sub-paragraph:—

“(2) For the purposes of this paragraph, a pear of the Packhams Triumph variety is well-formed notwithstanding that it is not of the normal shape common to the variety if it is not unsightly by reason of its shape.”;

and

(d) by omitting sub-paragraph (3) of paragraph 7 and substituting the following sub-paragraphs:—

“(3) For the purpose of ascertaining whether pears of the Packhams Triumph variety can be described as ‘Extra Fancy’ or ‘Fancy’, smooth and not unsightly russeting shall be considered a blemish if more than fifteen per centum of the surface of a pear is affected by russeting of that kind.

“(4) For the purpose of ascertaining whether pears of the Packhams Triumph variety can be described as ‘Fancy’, smooth and not unsightly stem-end russet is deemed not to be russeting.”.