Exports (Fresh Fruit) Regulations (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1936 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*
WHEREAS
by section 112 of the
(
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 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
Dated this fifteenth day of March, 1938.
Governor-General.
By His Excellency’s Command,
for Minister of State for Commerce and for and on behalf of the Minister of State for Trade and Customs.
EXPORTS (FRESH FRUIT) REGULATIONS.
Part I. —Preliminary.
*
Notified in the
447.—22/10.2.1938.—Price 1s. 3d.
Part I. —Preliminary.
Part II. —General Provisions as to Exportation of Fresh Fruit.
Part III. —Trade Descriptions.
Part IV. —Supervision, Inspection and Examination.
Part V. —Registration of Brands.
Part VI. —Miscellaneous.
“appointed analyst” means a person appointed as an analyst under sub-regulation (1.) of regulation 27 of these Regulations, or for the purposes of the
Customs Act 1901-1936;“appointed place” means a place appointed under regulation 14 of these Regulations to be a place where fresh fruit which is intended for export may be inspected and examined, and includes any wharf at which fresh fruit is to be shipped and any ship used, or intended to be used, for the conveyance for export of fresh fruit;
“coverings” means all the principal coverings in which fresh fruit is contained;
“diameter”, in relation to fresh fruit, means the greatest transverse measurement of the fruit taken at right angles to the line joining the stem and the calyx;
“disease” means any abnormal condition of or in fresh fruit, and includes any condition arising from the presence of, or caused by, or due to, the operations, development, growth or decay of any insect or fungus;
“dry”, in relation to mandarins, means that 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) is less than 30 per centum of the total weight of the mandarin;
“dry”, in relation to oranges, means that the weight of juice extractable (by means of rotating the halves ofa 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) is less than 35 per centum of the total weight of the orange;
“Eastern port” means any port between the 80th and 180th degrees of east longitude and north of the 30th parallel of south latitude;
“mature”, in relation to grapes, means that the filtered juice of the grapes is not less than 9 degrees Beaumé at 60 degrees Fahrenheit;
“mature”, in relation to oranges, means that 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 case or cases bearing a similar mark shall be not more than—
(
a ) thirty cubic centimeters 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;“officer” means an officer as defined by the
Commerce (Trade Descriptions )Act 1905-1933;“registered brand” means a brand registered, or deemed to be registered, under Part V. of these Regulations;
“season” means the period commencing on the first day of November in any year and ending on the thirty-first day of October of the succeeding year;
“the Department” means the Department of Commerce;
“the Minister” means the Minister of State for Commerce;
“the Secretary” means the Secretary of the Department.
(2.) In these Regulations, any reference to a Schedule shall be read as a reference to a Schedule to these Regulations, and any reference to a Form shall be read as a reference to a Form contained in the Second Schedule.
Past II. —General Provisions as to Exportation OF Fresh Fruit.
(
a )the Secretary is satisfied that the fresh fruit has been prepared and packed for export in an establishment which is constructed, equipped and operated in an efficient and hygienic manner;(
b )the conditions and restrictions (if any) specified in the second column of the First Schedule opposite to the name or description of the fresh fruit are complied with; and(
c ) the exporter has obtained an export permit in accordance with these Regulations in respect of the fresh fruit.
(2.) The provisions of paragraph (
Part III. —Trade Descriptions.
(2.) The trade description—
(
a ) shall be in the form of a principal label or brand affixed to the coverings containing the fruit in a prominent position and in a conspicuous and reasonably permanent manner;(
b )shall contain, in prominent and legible characters, a true description of the fruit, together with the word “Australia”, and may include in addition the name of the State or Territory in which the fruit was produced; and(
c ) shall include one or both of the following particulars, namely:—(i) the name of the producer or exporter;
(ii) the registered brand of the producer or exporter:
Provided that the Secretary may, subject to such conditions as he thinks fit, permit the consignee’s brand to be included in the trade description in lieu of the registered brand of the producer or exporter:
Provided further that where the producer is not the exporter, the trade description shall include the producer’s name or registered brand, unless the exporter sets forth in the notice of intention to export the name and address of the producer.
(3.) Where the name of any State or Territory is included in the trade description, it shall be the name of the State or Territory in which the fruit was produced.
Penalty: Fifty pounds.
Part IV. —Supervision, Inspection and Examination.
(2.) Where the services of an officer are made available in pursuance of an application under this regulation, the applicant shall pay to the Department the sum of Three shillings for each
hour during which the officer is engaged in supervising the preparation of the fruit, and, in addition, in any case where the amount so payable is exceeded by the expenses incurred by the Department in supplying the services of the officer, the Minister may require to be paid, and if the Minister so requires, the applicant shall pay, a sum equal to the amount of the excess.
(2.) In exercising his powers under this regulation, the Secretary may limit the appointment of any place to the inspection and examination of any particular kind of fresh fruit, or may attach to the appointment any other condition or restriction.
(2.) A notice in accordance with Form 1 shall be furnished at least one clear working day before the proposed date of shipment.
(3.)A notice in accordance with Form 2 shall be in respect of fruit to be exported during a period not exceeding one year specified in the notice and shall be furnished at least one clear working day before the proposed date of the first shipment of fruit in respect of which the notice is furnished.
(4.) Where a notice in accordance with Form 2 is furnished, the exporter shall, at least one clear day before the proposed date of shipment of any fresh fruit, furnish to the Department a notice in accordance with Form 3.
(5.) Where the exporter of any fresh fruit is not the producer thereof, the producer may, at the time the fruit is submitted for inspection and examination, furnish to the officer by which the fruit is to be inspected and examined an advice note in accordance with Form 4, and in that case it shall not be necessary for the notice in accordance with Form 1 or Form 3,as the case may be, furnished by the exporter, to include such of the particulars of the fruit as are specified in the advice note.
Penalty: Fifty pounds.
(2.) In any proceedings for an offence against the last preceding sub-regulation, a certificate signed by the Secretary or an Assistant Secretary of the Department certifying that the declaration was
furnished
in pursuance of the last preceding regulation, and was made by the person by
whom it purports to have been made, shall be
(3.) Judicial notice shall be taken of the signature to any certificate made under the last preceding sub-regulation, and of the fact that the person whose signature it purports to bear holds, or has held, the office of Secretary or Assistant Secretary of the Department.
(
a ) the fruit is marked in the prescribed manner with the prescribed trade description; and(
b ) the officer is satisfied that the conditions and restrictions applicable under these Regulations in respect of the fruit have been complied with,
he shall sign the certificate at the foot of the notice of intention to export furnished in respect of that fruit, and the exporter shall be entitled to receive an export permit in accordance with Form 5 and a certificate as to the condition of the fruit in accordance with Form 6.
(2.) When the fruit is brought to a wharf for shipment, the exporter shall deliver the export permit to the officer of customs on duty at the ship by which the fruit is to be exported.
(
a ) the fruit is not marked in the prescribed manner with the prescribed trade description; or(
b ) the officer is satisfied that any condition or restriction applicable under these Regulations has not been complied with,
he may cancel the export permit and any certificate as to the condition of the fruit issued in respect of that fruit.
(2.) Where an export permit or certificate as to the condition of any fruit has been cancelled under the last preceding sub-regulation, the exporter shall, if so required by an officer, forthwith surrender the permit or certificate, as the case may be, to the officer.
Penalty: Fifty pounds.
Part V. —Registration of Brands.
(2.) The register of brands kept by the Secretary under the Regulations repealed by these Regulations shall be incorporated with and form part of the register under these Regulations and all brands registered under those repealed Regulations shall be deemed to be registered under these Regulations.
Part VI. —Miscellaneous.
(2.) All persons appointed as
analysts for the purposes of the
(
a ) Where the analysis is made at the instance of an officer for departmental purposes, the certificate may be supplied upon payment of One shilling.(
b )Where the analysis is made at the request of the exporter desirous of obtaining the certificate, the certificate may be supplied upon payment of Ten shillings and sixpence.
(2.) The time in respect of which the fee shall be charged shall include the time reasonably occupied by the officer in proceeding to and returning from the place where his attendance is required.
(3.) Where an officer is required to proceed on duty away from his ordinary station, the rate of charge to be made in respect of his services shall be fixed by the Minister.
FIRST SCHEDULE.
Regs. 6 and 10.
First Column. | Second Column. | Third Column. |
Name or description of fruit. | Conditions and Restrictions subject to which Export is allowed. | Provisions relating to trade descriptions in addition to those contained in regulation 10. |
1. All fresh fruit. | 1. The fruit shall, in the opinion of an officer of the Department of Commerce, be—
2. The fruit shall be packed in clean, new boxes or trays manufactured from seasoned softwood or hardwood—
|
and sufficiently strong to withstand such handling as is ordinarily incidental to transport to destinations beyond the Commonwealth. Boxes manufactured from Karri and Jarrah timber shall have the boards comprising the ends, tops and bottoms dressed on one side at least and the boards comprising the sides shall be smoothly sawn or dressed. |
First Schedule—
First Column. | Second Column. | Third Column. | ||||
Name or description of fruit. | Conditions and Restrictions subject to which Export is allowed. | Provisions relating to trade descriptions in addition to those contained in regulation 10. | ||||
1. All fresh fruit— | 3. Except where otherwise provided in this Schedule, each kind of fruit shall be packed only in boxes or trays of the dimensions specified in the following table in respect of that kind of fruit:— | |||||
Description of box or tray. | Inside measurements in inches (clear of divisions). | Kinds of fruit for which box or tray shall be used. | ||||
Length. | Depth. | Width. | ||||
Citrus......................... | 24 | 11½ | 11½ | Citrus fruits | ||
Australian bushel......... | 18 | 14¼ | 8⅔-9 | Apples | ||
Standard bushel........... | 18 | 10½ | 11½ | Apples | ||
Long bushel................ | 26 | 14¼ | 6 | Pears | ||
Australian half-bushel.. | 18 | 7⅛ | 8⅔ | Apples and stone fruits | ||
Pear............................ | 18 | 8½ | 11½ | Pears | ||
Standard half-bushel.... | 18 | 5¼ | 11½ | Apples and stone fruits | ||
Grape......................... | 24 5/16 | 6½ | 12½ | Grapes | ||
Flat half-bushel........... | 26 | 7½ | 6 | Stone fruits | ||
Tray........................... | 18 | Any depth not exceeding 4 inches | 14¼ | All fruits | ||
Tray........................... | 18 | Any depth not exceeding 4 inches | 11½ | All fruits | ||
First Schedule—
First Column. | Second Column. | Third Column. |
Name or description of fruit. | Conditions and Restrictions subject to which Export is allowed. | Provisions relating to trade descriptions in addition to those contained in regulation 10. |
1.
All fresh fruit— | 4. Where the inside measurements of any box or tray, or the measurements of any component part of any box or tray, vary by not more than ⅛ inch from the measurements specified in the last preceding paragraph, the provisions of that paragraph shall be deemed to have been complied with. 5. Boxes described as “Citrus” in the table contained in paragraph 3 of this item which are manufactured from softwood shall be constructed in accordance with the following specifications:—
6. Boxes described as “Standard bushel” in the table contained in paragraph 3 of this item which are manufactured from softwood shall be constructed in accordance with the following specifications:—
|
First Schedule—
First Column. | Second Column. | Third Column. |
Name or description of fruit. | Conditions and Restrictions subject to which Export is allowed. | Provisions relating to trade descriptions in addition to those contained in regulation 10. |
1.
All fresh fruit— | 6—
7. Boxes described as “Pear” in the table contained in paragraph 3 of this item which are manufactured from softwood shall be constructed in accordance with the following specifications:—
8. Boxes described as “Grape” in the table contained in paragraph 3 of this item shall be constructed in accordance with the following specifications:—
| |
| 1. The apples shall be of the varieties and sizes specified in the following table applicable to the destinations specified in that table to which the apples are to be exported: Provided that apples of the variety McIntosh Red shall not be exported to the United Kingdom and the continent of Europe after the fifteenth day of March in the year in which the apples were produced: Provided further that the Secretary may permit, for trial purposes only, apples other than those specified in that table to be exported: Provided also that the Secretary may permit apples of early varieties not specified in that table to be exported to destinations other than the United Kingdom and the continent of Europe. | 1. The trade description shall be placed on one end of the case and shall set out—
|
First Schedule—
First Column. | Second Column. | Third Column. | ||||
Name or description of fruit. | Conditions and Restrictions subject to which Export is allowed. | Provisions relating to trade descriptions in addition to those contained in regulation 10. | ||||
2.
Apples— |
Part I. —Apples for Export to any Destination. |
2. For the purposes of paragraph 1 of this item, the size of the apples set out in the trade description shall be stated as follows:—
| ||||
Variety. | Abbreviation of name of variety. | Sizes (inches in diameter). | Percentage of colour, characteristic of the variety, necessary on each apple in each grade. | |||
Extra Fancy | Fancy. | |||||
Alexander....................... | ALX............. |
| 30 | 10 | ||
Alfriston......................... | ALF............. |
| .. | .. | ||
Aromatic......................... | ARO............. |
| 50 | 20 | ||
Australian Beauty............ | A.B.............. |
| 50 | 20 | ||
Ballarat........................... | BAL............. |
| .. | .. | ||
Cleopatra........................ | CLEO........... |
| .. | .. | ||
Coleman......................... | CMN............ |
| 50 | 20 | ||
Cox’s Orange Pippin........ | C.O.P........... |
| 30 | 5 | ||
Crofton........................... | CROF........... |
| 50 | 20 | ||
Crow Egg........................ | C.E............... |
| 30 | 10 | ||
Delicious......................... | DEL............. |
| 50 | 20 | ||
Democrat........................ | DEM............ |
| 70 | 35 | ||
Dougherty....................... | DHTY.......... |
| 40 | 20 | ||
Duke of Clarence............. | D.C.............. |
| 70 | 35 | ||
Dunns............................. | DUNNS........ |
| .. | .. | ||
First Schedule—
First Column. | Second Column. | Third Column. | ||||
Name or description of fruit. | Conditions and Restrictions subject to which Export is allowed. | Provisions relating to trade descriptions in addition to those contained in regulation 10. | ||||
2.
Apples— | TABLE OF VARIETIES,
CLASSES, ETC. Part
I. —Apples for Export to any Destination— |
| ||||
Variety. | Abbreviation of name of variety. | Sizes (inches in diameter). | Percentage of colour, characteristic of the variety, necessary on each apple in each grade. | |||
Extra Fancy | Fancy. | |||||
French Crab.................... | F.C................ |
| 100 | 80 | ||
Geeveston Fanny............ | G.F................ |
| 50 | 20 | ||
Granny Smith................. | G.S................ |
| .. | .. | ||
Jonathan......................... | JON............... |
| 50 | 20 | ||
Jubilee........................... | JUB............... |
| 50 | 20 | ||
King Cole....................... | K.C............... |
| 70 | 35 | ||
King David..................... | K.D............... |
| 70 | 35 | ||
King Pippin.................... | K.P................ |
| 30 | 10 | ||
London Pippin................ | L.P................ |
| .. | .. | ||
McIntosh Red................. | Mc RED........ |
| 70 | 35 | ||
Mobbs Codlin................. | M.C............... |
| .. | .. | ||
Newtown Pippin............. | N.T................ |
| .. | .. | ||
Nickajack....................... | NJ................. |
| 30 | 10 | ||
Pomme de Neige............. | P.D.N............ |
| 30 | 10 | ||
First Schedule—
First column. | second Column. | Third Column. | ||||
Name or description of fruit. | Conditions and Restrictions subject to which Export is allowed. | Provisions relating to trade descriptions in addition to those contained in regulation 10. | ||||
2.
Apples— | TABLE OF VARIETIES,
CLASSES, ETC. — Part
I. —Apples for Export to any Destination— | |||||
Variety. | Abbreviation of name of variety. | Sizes (inches in diameter). | Percentage of colour, characteristic of the variety, necessary on each apple in each grade. | |||
Extra Fancy | Fancy. | |||||
Prince Alfred.................... | P.A............... |
| .. | .. | ||
Reinette du Canada........... | R.D.C........... |
| .. | .. | ||
Ribston Pippin.................. | R.P............... |
| .. | .. | ||
Rokewood........................ | ROKE.......... |
| 40 | 20 | ||
Rome Beauty.................... | R.B............... |
| 30 | 10 | ||
Scarlet.............................. | S.P.M........... |
| 50 | 20 | ||
Schroeder......................... | SCH............. |
| .. | .. | ||
Statesman......................... | STN.............. |
| 30 | 10 | ||
Stayman........................... | STAY........... |
| 30 | 10 | ||
Stone Pippin..................... | S.P............... |
| .. | .. | ||
Sturmer............................ | S.T.P............ |
| .. | .. | ||
Tasman’s Pride................. | T.P............... |
| 50 | 20 | ||
Wellington....................... | WTN............ |
| .. | .. | ||
White Winter Pearmain..... | W.W.P.......... |
| .. | .. | ||
Worcester Pearmain.......... | W.P.M.......... |
| 50 | 20 | ||
Yates................................ | YATES......... |
| 50 | 20 | ||
First Schedule—
first column. | second column. | third column. | ||||
Name or description of fruit. | Conditions and Restrictions subject to which Export is allowed. | Provisions relating to trade descriptions in addition to those contained in regulation 10. | ||||
2. Apples— | TABLE OF VARIETIES, CLASSES, ETC. — Part II. —Apples for Export to any Destination other than the United Kingdom. | |||||
Variety. | Abbreviation of name of variety. | Sizes (inches in diameter). | Percentage of colour, characteristic of the variety, necessary on each apple in each grade. | |||
Extra Fancy | Fancy. | |||||
Cleopatra.................................... | CLEO.................. |
| .. | .. | ||
Dunns......................................... | DUNNS.............. |
| .. | .. | ||
Granny Smith............................ | G.S...................... |
| .. | .. | ||
Sturmer....................................... | S.T.P................... |
| .. | .. | ||
Part III. —Apples for Export to any Destination other than the United Kingdom or the Continent of Europe. | ||||||
Variety. | Abbreviation of name of variety. | Sizes (inches in diameter). | Percentage of colour, characteristic of the variety, necessary on each apple in each grade. | |||
Extra Fancy | Fancy. | |||||
Delicious.................................... | DEL..................... |
| .. | .. | ||
Democrat................................... | DEM................... |
| .. | .. | ||
French Crab............................... | F.C....................... |
| .. | .. | ||
Granny Smith............................ | G.S...................... |
| .. | .. | ||
Gravenstein............................... | GRAV................. |
| .. | .. | ||
McIntosh Red............................ | Mc RED............. |
| 70 | 35 | ||
Pioneer....................................... | PIONEER........... |
| .. | .. | ||
Nickajack................................... | NJ........................ |
| 30 | 10 | ||
Rymer......................................... | RYM................... |
| 25 | 10 | ||
Spitzenberg................................ | SPTZ................... |
| 40 | 15 | ||
Stayman..................................... | STAY.................. |
| 30 | 10 | ||
First Schedule—
First Column. | Second Column. | Third Column. |
Name or description of fruit. | Conditions and Restrictions subject to which Export is allowed. | Provisions relating to trade description in addition to those contained in regulation 10. |
Apples— | 2. Where the apples are packed in boxes described as “Standard bushel” in the table contained in paragraph 3 of item 1, the fruit in each box shall, except in the case of large size apples and apples of light varieties, weigh not less than 40 pounds. 3. Apples described as “Extra Fancy” shall consist of sound, clean, well-formed mature apples of one size and one variety, free from broken skins and from disease. Slight blemishes from any cause may be permitted provided that the total number of blemished apples in any case does not exceed ten per centum of the total number of apples in the case, and the total area covered by such blemishes on any apple does not exceed the area contained in a circle having a diameter of one quarter of an inch. For the purposes of this paragraph, smooth russeting on apples of varieties other than Granny Smith and Cleopatra shall not be considered a blemish, provided that the area affected does not exceed—
4. Apples described as “Fancy” shall consist of sound, clean and fairly well-formed mature apples of one size and one variety, free from broken skins and from disease. Slight blemishes from any cause may be permitted provided that the total number of blemished apples in any case does not exceed ten per centum of the total number of apples in the case, and the total area covered by such blemishes on any apple does not exceed the area contained in a circle having a diameter of one quarter of an inch. For the purposes of this paragraph, smooth and not unsightly russeting shall not be considered a blemish, provided that not more than fifty per centum of the surface of apples of the Sturmer variety, ten per centum of the surface of apples of the Granny Smith and Cleopatra varieties, or twenty-five per centum of the surface of apples of other varieties, is affected. 5. Each apple shall have the colour characteristic of the variety to an extent not less than that specified in the table contained in paragraph 1 of this item in respect of the particular variety and grade of apple. For the purposes of this paragraph, “the colour characteristic of the variety” means the normal pink or red colouration of apples of the particular variety or, in the case of apples of the Alfriston, Ballarat, French Crab and Granny Smith varieties, the normal green, or green and flushed, colouration of apples of the particular variety. |
First Schedule—
First Column. | Second Column. | Third Column. |
Name or description of fruit. | Conditions and Restrictions subject to which Export is allowed. | Provisions relating to trade descriptions in addition to those contained in regulation 10. |
2. Apples— | 6. Each apple, shall, before being packed into the box or tray, be wrapped in paper. Packing material consisting of corrugated strawboard, wood-wool, or other suitable material shall be used. The paper and packing material shall be of a quality approved by the Secretary. The. apples shall be protected by the use of packing material on the top and bottom of each box or tray. Only one layer of apples shall be packed in each tray. 7. The outer layers or shown surfaces of the apples in each box shall be a true indication of the average grade of the contents of that box. 8. Apples intended for export to the United Kingdom and the continent of Europe shall be shipped in refrigerated space which has been provided in accordance with an agreement entered into by or on behalf of shippers of the one part and ship owners or their representatives of the other part and approved by the Australian Overseas Transport Association and the Australian Apple and Pear Export Council. | |
3. Grapes........... | 1. The grapes shall be packed in granulated cork or coarse sawdust, of a quality approved by the Secretary. The grapes shall be mature and fit for export. | |
4. Mandarins..... | 1. The outer layers or shown surfaces of the mandarins shall be a true indication of the contents of each box. 2. Each box shall contain one variety of mandarin only, and the mandarins shall be wrapped in paper of a quality approved by the Secretary. In the case of mandarins intended for shipment to New Zealand, wrapping shall not be necessary. 3. No mandarin shall measure less than 2 inches in diameter, except in the ease of mandarins of Thorny variety, which shall measure not less than 1½ inches in diameter. 4. The mandarins shall not be dry. They shall be of normal shape and appearance common to the variety, sound and of reasonably even colour. 5. Mandarins shall be packed in either of two grades, namely, “Extra Fancy” or “Fancy”. 6. Mandarins described as “Extra Fancy” shall consist of mandarins complying with the requirements of paragraph 4 of this item, and, in addition, shall be substantially free from disfigurements such as are caused by soars, scratches of the skin, excessive navel segments, cavities, punctures and blemishes caused by any insect or fungus pest. Such disfigurements shall not exceed two and one-half per centum of the total surface area of any individual mandarin. |
1. The trade description shall be placed on one end of each box and shall set out—
|
First Schedule—
First Column. | Second Column. | Third Column. |
Name or description of fruit. | Conditions and Restrictions subject to which Export is allowed. | Provisions relating to trade descriptions in addition to those contained in regulation 10. |
4.
Mandarins — | 7. Mandarins described as “Fancy” shall consist of mandarins complying with the requirements of paragraph 4 of this item, but disfigurements such as are caused by scars, scratches of the skin, excessive navel segments, cavities, punctures and blemishes due to any fungus or insect pest may be allowed to the extent of ten per centum of the total surface area of any individual mandarin. |
2. For the purposes of paragraph 1 of this item—
|
5. Oranges........ | 1. The outer layers or shown surfaces of the oranges shall be a true indication of the contents of each box. 2. Each box shall contain one variety of orange only, and the oranges shall be wrapped in paper of a quality approved by the Secretary. In the case of oranges intended for shipment to New Zealand, wrapping shall not be necessary. 3. No orange shall measure less than 2¼ inches in diameter, except in the case of oranges intended for shipment to New Zealand, when no orange shall measure less than 2 inches in diameter. 4. 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 shall have been clipped from the tree. 5. Oranges shall be packed in either of two grades, namely, “Special” or “Standard”. | 1. The trade description shall be placed on one end of each box and shall set out—
|
First Schedule—
First Column. | Second Column. | Third Column. | ||
Name or description of fruit. | Conditions and Restrictions subject to which Export is allowed. | Provisions relating to trade descriptions in addition to those contained in regulation 10. | ||
5.
Oranges— | 6. Oranges described as “Special” shall consist of oranges complying with the requirements of paragraph 4 of this item and, in addition, shall be substantially free from disfigurements such as are caused by scars, scratches of the skin, excessive navel segments, cavities, punctures and blemishes caused by any insect or fungus pest. Such disfigurements shall not exceed two and one-half per centum of the total surface area of any individual orange. 7. Oranges described as “Standard” shall consist of oranges complying with the requirements of paragraph 4 of this item, but disfigurements such as are caused by scars, scratches of the skin, excessive navel segments, cavities, punctures and blemishes due to any fungus or insect pest may be allowed to the extent of ten per centum of the total surface area of any individual orange. 8. Oranges intended for export to any port in Europe or Canada or to any Eastern port shall be packed only in cases of the type described as “Citrus” in the table contained in paragraph 3 of item 1: Provided that in special circumstances oranges intended for export to any Eastern port may, with the approval of the Secretary, be packed in cases of the type described as “Australian bushel” or “Standard bushel” in that table. 9. Oranges shall not be exported unless they have been sweated prior to packing for a period of at least seven days. |
2. For the purposes of paragraph 1 of this item, the following abbreviations may be used in lieu of the name of the variety:— | ||
Variety. | Abbreviation. | |||
Washington Navel.................. | W. Navel | |||
Thompson Navel.................. | T. Navel | |||
Valencia Late.. | Val. | |||
Mediterranean Sweet................. | Med. Sweet | |||
Parramatta...... | Pmta. | |||
Seedling......... | Sdlg. | |||
Patterson’s River.................. | Pat. R. | |||
6. Pears.............. | 1 The pears shall be of the varieties specified in the following table: Provided that the Secretary may permit, for experimental purposes only, the exportation of pears of varieties other than those specified in that table. TABLE OF VARIETIES OF PEARS WHICH MAY BE EXPORTED. | 1. The trade description shall be placed on one end of the case and shall set out—
| ||
Variety. | Abbreviation of Name of Variety. | |||
Beurre Brettoneau............... | Brett | |||
Beurre Bose........................ |
| |||
Beurre D’Anjou.................. |
| |||
Beurre Hardy...................... |
| |||
First Schedule—
First Column. | Second Column. | Third Column. | |
Name or description of fruit. | Conditions and Restrictions subject to which Export is allowed. | Provisions relating to trade descriptions in addition to those contained in regulation 10. | |
6. Pears | Table
of Varieties of Pears which may be Exported— |
2. For the purposes of paragraph 1 of this item, the size of the pears set out in the trade description shall be stated in the same manner as is provided in respect of apples in item 2 in this Schedule. | |
Variety. | Abbreviation of Name of Variety. | ||
Black Achan............................... |
| ||
D. Bossuch................................. |
| ||
Doyenne de Comice.................... |
| ||
Duchess d’ Angouleme................ |
| ||
Easter Beurre.............................. |
| ||
Giblin’s Seedling......................... |
| ||
Glou Morceau............................. |
| ||
Howell........................................ |
| ||
Josephine.................................... |
| ||
Keiffer........................................ |
| ||
Lemon Bergamot (or Passans du Portugal)................................................ | .. | ||
Madame Cole.............................. |
| ||
Marie Louise............................... |
| ||
Middleton................................... |
| ||
Packhams Triumph...................... |
| ||
Vicar of Winkfield (or Napoleon). |
| ||
Williams Bon Chretien................ |
| ||
Winter Bartlett............................ |
| ||
Winter Cole................................ |
| ||
Winter Nelis................................ |
| ||
2. Each pear shall, before, being packed into the box or tray, be wrapped in paper. Packing material consisting of corrugated strawboard, wood-wool, or other suitable material shall be used. The paper and packing material shall be of a quality approved by the Secretary. The pears shall be protected by the use of packing material on the top, bottom and sides of each box or tray. 3. The outer layers or shown surfaces of the pears in each case shall be a true indication of the average grade of the contents of that box. | |||
First Schedule—
First Column. | Second Column. | Third Column. |
Name or description of fruit. | Conditions and Restrictions subject to which Export is allowed. | Provisions relating to trade descriptions in addition to those contained in regulation 10. |
Pears— | 4. Pears shall be packed in one of three grades, namely, “Extra Fancy”, “Fancy”, or “Good”. 5. Pears described as “Extra Fancy” shall consist of sound, clean, well-formed pears of one size and one variety, free from broken skins. Superficial blemishes from any cause may be permitted provided that the total number of blemished pears in any box does not exceed five per centum of the total number of pears in the box, and the total area covered by such blemishes on any pear shall not exceed the area contained in a circle having a diameter of one quarter of an inch. None of the pears shall be less than 2¼ inches in diameter. 6. Pears described as “Fancy” shall consist of sound, clean, well-formed pears not less than two inches in diameter, of one size and one variety, free from broken skins and not seriously blemished or injured by any disease. Pears slightly blemished by black spot fungus, or from other causes shall not be deemed to be blemished or injured by disease, provided that—
7. Pears described as “Good” shall consist of pears not less than two inches in diameter, of one size and one variety, free from broken skins, and not seriously blemished or injured by any disease. Pears slightly blemished by black spot fungus, or from other causes, shall not be deemed to be blemished or injured by disease, provided that the total area covered by such blemishes on any pear does not exceed the area contained in a circle having a diameter of ¼ inch. |
First Schedule—
First Column. | Second Column. | Third Column. |
Name or description of fruit. | Conditions and Restrictions subject to which Export is allowed. | Provisions relating to trade descriptions in addition to those contained in regulation 10. |
6.
Pears— | 8. Russeting shall not be considered a blemish: Provided that in the case of pears of the following varieties, namely:— Beurre D’Anjou; Doyenne de Cornice; Josephine; Packhams Triumph; Williams Bon Chretien; and Howell, russeting shall be considered a blemish if more than 15 per centum of the surface of any pear in the case of pears of the “Extra Fancy” variety and 30 per centum of the surface of any pear in the case of pears of “Fancy” variety is affected. 9. The pears shall be packed only in boxes of the type described as “Pear”, “Long bushel” or “Tray” in the table contained in paragraph 3 of item 1: Provided that pears intended for export to any Eastern port may be packed in boxes of the type described as “Standard bushel” in that table. 10. Where the pears are packed in boxes described as “Pear” in the table contained in paragraph 3 of item 1, the fruit in each box shall weigh not less than 40 pounds. 11. Pears intended for exportation to the United Kingdom and the Continent of Europe shall be shipped in refrigerated space which has been provided in accordance with an agreement entered into by or on behalf of shippers of the one part and ship owners or their representatives of the other part and approved by the Australian Overseas Transport Association and the Australian Apple and Pear Export Council. | |
7. Plums............ | 1. The outer layers or shown surfaces of the plums shall be a true indication of the contents of each box. 2. Each box shall contain one variety of plum only. 3. The plums shall be sound, clean, well-formed, of regular size, free from broken skins and from disease. No plum shall be less than 1¼inches in diameter. |
SECOND SCHEDULE.
Reg. 4 (2.).
Form 1. Reg. 17.
Commonwealth of Australia.
NOTICE OF INTENTION TO EXPORT.
…………………………..
………………, 19..
To the Department of Commerce,
Port of……………………….
Notice is hereby given that *I/*we intend to export fresh fruit as set out hereunder.
The fruit has been delivered to the appointed place at……………………….and may be inspected on……………………………
I hereby declare—
(
a ) that I am the *agent/*owner duly authorized by………………the owner of the fresh fruit specified hereunder;(
b )that the conditions and restrictions applicable in respect of the fruit under the Exports (Fresh Fruit) Regulations have been complied with; and(
c ) that the fruit is marked in the prescribed manner with the prescribed trade description.
Statement of Fresh Fruit to be Exported.
Variety of fruit. | Grade. | Brands. | Number of Packages. | Export Ship. | Destination. | Date of Sailing. |
……………………..……………….
(Signature of agent or owner.)
………………………………………………
(Witness to signature of agent or owner.)
Certificate by Examining Officer.
I hereby certify—
(
a ) that the fresh fruit referred to above is marked in the prescribed manner with the prescribed trade description; and(
b ) that I am satisfied that the conditions and restrictions applicable to the fruit under the Exports (Fresh Fruit) Regulations have been complied with.
……………………………..
Examining Officer.
..../…../19..
Second Schedule—
Form 2. Reg. 17.
Commonwealth of Australia.
GENERAL NOTICE OF INTENTION TO EXPORT FRESH FRUIT DURING A STATED PERIOD.
………………………
………………, 19..
To the Department of Commerce,
Port of…………………………….
Notice is hereby given that *I/*we intend to export fresh fruit between the months of………………and…………………inclusive, in the quantities set out hereunder.
The fruit will be sent to an appointed place for the purpose of being examined by an officer.
I hereby declare that I am the *agent/*owner duly authorized by……........the owner of the fresh fruit specified hereunder.
I hereby undertake—
(
a ) that the conditions and restrictions applicable in respect of the fruit under the Exports (Fresh Fruit) Regulations will be complied with; and(
b ) that the fruit will be marked in the prescribed manner with the prescribed trade description.
Statement of Fresh Fruit to be Exported.
Variety of Fruit. | Grade. | Brands. | Number of Packages (Estimated). |
……………………..……………….
(Signature of agent or owner.)
………………………………………………
(Witness to signature of agent or owner.)
Form 3. Reg 17.
Commonwealth of Australia.
NOTICE OF FORWARDING FRESH FRUIT FOR EXAMINATION.
………………………
………………, 19..
To the Department of Commerce,
Port of……………………….
Notice is hereby given that *I/*we as* Agent* for*………………………have forwarded this day, in accordance with the General Notice of Intention to
Second Schedule—
Export given by *me/*us for the purpose of being examined by an officer, the fresh fruit specified hereunder.
Statement of Fresh Fruit Forwarded for Examination.
Variety of fruit. | Grade. | Brands. | Number of Packages. | Export Ship. | Destination. | Date of Sailing. |
……………………..……………….
(Signature of agent or owner.)
Certificate by Examining Officer.
I hereby certify—
(
a )that the fresh fruit referred to above is marked in the prescribed manner with the prescribed trade description; and(
b ) that I am satisfied that the conditions and restrictions applicable to the fruit under the Exports (Fresh Fruit) Regulations have been complied with.
………………………………………………
Examining Officer.
…../.../19..
form 4. Reg. 17.
Commonwealth of Australia.
ADVICE NOTE.
………………………
………………, 19..
To the Department of Commerce,
Port of…………………………
Notice is hereby given that *I/*we have forwarded this day for the purpose of being inspected and examined by an officer the fresh fruit specified hereunder.
The fruit so specified is to be exported by…………………………………………………………………..
(
Variety of Fruit. | Grade. | Brand. | Number of Packages. |
……………………………….
(Signature of producer.)
Second Schedule—
Form 5. Reg. 19.
Commonwealth of Australia.
EXPORT PERMIT.
Port of……………………………………………..
Date…………………………………........, 19……
To the Officer of Customs,
…………………….Wharf.
The undermentioned fresh fruit to be shipped per is marked in the prescribed manner with the prescribed trade description and the conditions and restrictions applicable under the Exports (Fresh Fruit) Regulations in respect of the fruit have been complied with:—
Marks. | Exporter. | Variety of Fruit. | Quantity. |
………………………………………………
Officer of the Department of Commerce.
Shipped the above goods.
………………..Officer of Customs.
Date…………………., 19…...
Note. —This form is to be delivered by the exporter to the Officer of Customs at the export ship at the time the fruit is brought for shipment, and is to be returned by the Officer of Customs after shipment of the fruit to the examining officer.
Form 6. Reg. 19.
Commonwealth of Australia.
CERTIFICATE AS TO CONDITION OF FRESH FRUIT.
This is to certify that the fresh fruit described hereunder has been examined and found, upon examination of packages selected at random, to be free from disease at the time of shipment and to be packed and graded in accordance with the provisions of the Exports (Fresh Fruit) Regulations.
* The fruit comprising this shipment was grown in……………………………and it is certified that that State is free from citrus canker.
Vessel………………………………. Date of shipment…………………………………….
Variety of Fruit. | Date of Picking. | Grade of Fruit. | Brands. | Number of Cases. | Size of Cases. | Destination. |
Dated at……….......................in the State of……………………………….the…………………………. day of……………………….19..
…………………………………………...
Officer of the Department of Commerce.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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