Exports (Fresh Fruit) Regulations (Cth)

STATUTORY RULES.

1937. No. 65.

––––––

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 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 sixteenth day of June, 1937.

(SGD.) GOWRIE.

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.

Citation.

1. These Regulations may be cited as the Exports (Fresh Fruit) Regulations.

Commencement

2. These Regulations shall come into operation on the first day of July, 1937.

 

* Notified in the Commonwealth Gazette on  , 1937.

1258.—12/4.6.1937.—Price 1s. 3d.

Parts.

3. These Regulations are divided into Parts, as follows:—

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.

Definitions.

4.— (1.) In these Regulations, unless the contrary intention appears—

“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 adjoining 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 oranges, means that 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) 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 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 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;

“officer” means an officer as defined by the Commerce (Trade Descriptions) Act 1905-1933;

“registered brand” means a brand registered in pursuance of Part V. of these Regulations or in pursuance of the Regulations repealed by the Exports (General) 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.

Regulations do not apply to ships’ stores.

5. These Regulations shall not apply to ships’ stores brought to or shipped in Australia.

Part II.—General Provisions as to Exportation of Fresh Fruit.

Export of fresh fruit prohibited except subject to conditions.

6.—(1.) The exportation of fresh fruit is prohibited unless—

(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 (b) of the last preceding sub-regulation shall not apply to any fresh fruit in respect of which the Secretary certifies that, for the purposes of experiment, or on account of exceptional circumstances, it is desirable that that paragraph should not apply to that fresh fruit.

Officers may enter establishments, take samples, &c.

7.Any officer may at any time enter any establishment in which any fresh fruit is being prepared for export, and may open any packages, take samples, and do all other things necessary to enable him to ascertain whether the establishment is constructed, equipped and operated in an efficient and hygienic manner.

Fruit affected by San José scale not to be exported.

8. The exportation of fresh fruit which is affected by San José scale is prohibited.

Part III.—Trade Descriptions.

Export of fresh fruit prohibited unless trade description applied.

9. The exportation of fresh fruit is prohibited unless there is applied to the fruit a trade description in accordance with these Regulations.

Trade description.

10.—(1.) The trade description to be applied to any fresh fruit intended for export shall comply with the provisions of this regulation and with the provisions (if any) specified in the third column of the First Schedule opposite to the name or description of the fruit.

(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, packer or exporter;

(ii) the registered brand of the producer, packer 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, packer or exporter:

Provided further that where the producer or packer is not the exporter, the trade description shall include the producer’s or packer’s name or registered brand, unless the exporter sets forth in the notice of intention to export the name and address of the producer or packer.

Trade description applies as at time of shipment.

11. The trade description to be applied to fresh fruit in pursuance of these Regulations shall have relation to the condition of the fruit as at the time of shipment.

Trade description and official marks not to be interfered with.

12. A person shall not, except by the authority of an officer, remove, alter or interfere with a trade description or official stamp or mark marked on or applied to any fresh fruit which is intended for export and has been inspected by an officer.

Penalty: Fifty pounds.

Part IV.—Supervision, Inspection and Examination.

Preparation of fresh fruit under supervision.

13.— (1.) Upon the application of any person engaged in the preparation of fresh fruit intended for export, the Secretary may make available the services of an officer to supervise the preparation of the fruit 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.

(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.

Secretary may appoint places for inspection of exports.

14.—(1.) The Secretary may, by writing under his hand, appoint any place to be a place where fresh fruit intended for export may be inspected and examined.

(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.

Fresh fruit to be sent to appointed places.

15. All fresh fruit intended for export shall be sent to an appointed place in sufficient time before shipment to enable an officer to inspect and examine it.

Examination at places other than appointed places.

16. The Secretary may, in exceptional cases, permit the inspection and examination of fresh fruit to be made at a place other than an appointed place.

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 and declaration in writing in accordance with Form 1 or Form 2.

(2.) A notice in accordance with Form 1shall 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.

False declarations.

18.—(1.) A person shall not make any false or misleading statement in any declaration furnished in pursuance of the last preceding regulation.

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 prima facie evidence of the matters certified to.

(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.

Export permit and certificate as to examination of fresh fruit.

19.—(1.) Where an officer has examined any fresh fruit intended for export and—

(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 4 and a certificate as to the condition of the fruit in accordance with Form 5 or Form 6, as the case may be.

(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.

Fruit may be re-examined and permit cancelled.

20.—(1.) If any officer has reasonable cause to think that, since the examination of any fresh fruit intended for export, the condition, quality, grade or class of the fruit has changed, he may re-examine the fruit, and if, having regard to the condition, quality, grade or class of the fruit as disclosed by the re-examination—

(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.

Register of brands.

21.— (1.) Subject to regulation 23 of these Regulations, the Secretary may register any brand as a brand which may be included in the trade description of fresh fruit intended for export and shall keep a register of brands so registered.

(2.) The register of brands kept by the Secretary under the Regulations repealed by the Exports (General) Regulations shall be incorporated with and form part of the register under these Regulations.

Application to be accompanied by copies of brand.

22. An application for the registration of a brand shall be accompanied by seven copies of the brand.

Registration as trade mark necessary.

23. A brand shall not be registered under these Regulations unless it is registered as a trade mark under the Trade Marks Act 1905-1936, and the applicant is the registered proprietor of the trade mark.

Registration number.

24. The Secretary shall allot a number in respect of each registered brand, and that number may be applied to fresh fruit intended for export in conjunction with the brand.

Assignments and transmissions of trade marks to be notified.

25. Where a trade mark which is registered as a brand under these Regulations or under the Regulations repealed by the Exports (General) Regulations is assigned or transmitted, the assignee or transmittee shall give notice of the assignment or transmission to the Secretary.

Cancellation of brand where no longer registered as a trade mark.

26. Where any trade mark which is registered as a brand under these Regulations or under the Regulations repealed by the Exports (General) Regulations ceases to be registered as a trade mark,the Secretary shall cancel the registration of the brand.

Part VI.—Miscellaneous.

Analysts.

27.—(1.) The Minister of State for Commerce may appoint any qualified person to be an analyst for the purposes of the Commerce (Trade Descriptions) Act 1905-1933 and these Regulations.

(2.) All persons appointed as analysts for the purposes of the Customs Act 1901-1936 shall, without further appointment, be analysts for the purposes of the Commerce (Trade Descriptions) Act 1905-1933 and these Regulations.

Certificate of analysis.

28. Every certificate given by an appointed analyst of the result of an analysis shall be prima facie evidence of the facts therein stated.

Fees for certificates.

29. A copy of a certificate of analysis relating to any fresh fruit intended for export may be supplied by the Secretary to the exporter of the fruit on either of the following conditions:—

(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.

Inspection fees.

30.—(1.) Where, in pursuance of a request by the exporter, any fresh fruit is inspected and examined before or after official hours, or on any Sunday or holiday, there shall be charged, for the services of an officer for the purpose of inspecting and examining that fruit, a fee which shall, subject to sub-regulation (3.) of this regulation, be Four shillings and sixpence per hour or part thereof.

(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 Name or description of fruit.	Second Column Conditions and Restrictions subject to which Export is allowed.	Third Column. 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— (a)sound, and not diseased or otherwise in an abnormal condition; (b) contained in packages or containers which are suitable in respect of size, nature, durability and cleanliness; and (c)not likely, for any other reason, to arrive at its destination in a deteriorated condition.	1. Where a case is packed with fruit (other than apples, pears or oranges) of various sizes in such a way as to deceive the buyer (e.g. good quality on top and inferior below), the trade description shall include the word “unsorted”.
2. The fruit shall be packed in clean, new cases or trays manufactured from seasoned softwood or hardwood— (a)which contains not more than 20 per centum of moisture; (b)which is smoothly sawn or dressed in a manner approved by the Secretary; and (c) the outside edges of which are, where necessary, trimmed in a manner approved by the Secretary, and sufficiently strong to withstand such handling as is ordinarily incidental to transport to destinations beyond the Commonwealth. Cases 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—continued.

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— continued.	3. Subject to the succeeding paragraphs of this item, each kind of fruit shall be packed only in cases or trays of the dimensions specified in the following table in respect of that kind of fruit:—

Description of case or tray.	Inside measurements in inches (clear of divisions).			Kinds of fruit for which case or tray shall be used.
Length.	Depth.	Width.
Orange......................................	24	11½	11½	Oranges and grape, fruit only
Lemon......................................	25	10	13	Lemons only
Half Lemon......................................	25	5	13	Lemons and mandarins
Australian bushel......................................	18	14¼	8⅔-9	Apples and citrus fruits
Standard bushel......................................	18	10½	11½	Apples and citrus fruits
Long bushel......................................	26	14¼	6	Pears only
Australian half-bushel......................................	18	7⅛	8⅔	Apples and stone fruits
Pear......................................	18	8½	11½	Pears only
Standard half-bushel......................................	18	5¼	11½	Apples and stone fruits
Grape......................................	24 5/16	6½	12½	Grapes only
Flat half-bushel......................................	26	7⅛	6	Stone fruits only
Tray......................................	18	Any depth not exceeding 4 inches	14½	All fruits
Tray......................................	18	Any depth not exceeding 4 inches	11½	All fruits

First Schedule—continued.

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— continued.	4. Where— (a) the dimensions of not less than 95 per centum of the cases and trays included in any consignment of fruit are in accordance with the dimensions specified in the foregoing table; and (b)the dimensions of the remaining cases and trays included in the consignment are substantially in accordance with the dimensions so specified and the cubic capacity of each of those cases or trays is not more than 5 per centum greater or less than the cubic capacity of a corresponding case or tray having the prescribed dimensions, the exporter shall be deemed to have complied with the provisions of the last preceding paragraph in respect of all the cases and trays included in the consignment. 5. Cases described as “Standard bushel” in the table contained in paragraph 3 of this item which are manufactured from softwood and used for the packing of citrus fruits shall be constructed in accordance with the following specifications:— (a) Each end shall measure 11½ inches by 10½ inches by ⅝ inch. (b)Each side shall measure 19¼ inches by 10½ inches by 5/16 inch. Unless a side is of one piece it shall comprise two pieces only and the width of each of such pieces shall not be less than 5¼ inches. (c) The top and bottom shall each be of two pieces which shall measure 19¼ inches by 5½ inches by 3/16 inch. (d) Four cleats, which shall measure 11½inches by ¾ inch by ⅜ inch, shall be used, one at each end, one at the top, and one at the bottom. 6. Cases 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:— (a)Each end shall consist of one piece and shall measure 11½ inches by 8½ inches by ⅝ inch. (b)Each side shall be of one piece and shall measure 19¼ inches by 8½ inches by 5/16 inch.

First Schedule—continued.

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— continued.	6.—continued. (c) The top and bottom shall each be of two pieces which shall measure 19¼ inches by 5½ inches by 3/16 inch. (d)Four cleats, which shall measure 11½ inches by ¾ inch by ⅜ inch, shall be used, one at each end, one at the top and one at the bottom. 7. Cases described as “Grape” in the table contained in paragraph 3 of this item shall be constructed in accordance with the following specifications:— (a)The centre and end boards shall be not less than 9/16 inch in thickness. (b) The sides and the top and bottom boards shall not be less than ¼ inch in thickness. 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 “Orange” in the table contained in paragraph 3 of this item: 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. Pears intended for export shall be packed only in cases of the type described as “Pear”, “Long bushel” or “Tray” in the table contained in paragraph 3 of this item: Provided that pears intended for export to any Eastern port may be packed in cases of the type described as “Standard bushel” in that table.
2. Apples....................	1. 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. 2. 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 the Secretary may permit, for experimental purposes only, apples other than those specified in that table to be exported.	1. The trade description shall be placed on one end of the case and shall set out— (a) in letters or figures at least ¼inch in height if printed on the cases or applied by means of printed paper labels, and at least ¾ inch if

First Schedule—continued.

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—continued.	TABLE OF VARIETIES, CLASSES, AND SIZES OF APPLES WHICH MAY BE EXPORTED, THE ABBREVIATIONS OF THE NAMES OF THOSE VARIETIES, AND THE MINIMUM PERCENTAGE OF COLOUR CHARACTERISTIC OF THE VARIETY NECESSARY ON EACH APPLE FOR EACH OF THE GRADES “EXTRA FANCY” AND “FANCY”. Part I.—Apples for Export to any Destination.					stencilled on the cases, the variety (or the abbreviation of the name of the variety) and the size or number of the apples contained in each case, and whether the apples are “Extra Fancy” or “Fancy”; and (b) in letters at least ½ inch in height the grower’s name or registered brand or, in the case of a firm or corporation, the name or registered brand of that firm or corporation. 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:— “2 inches” where the fruit is two inches or more in diameter but is less than two and one eighth inches; “2⅛ inches” where the fruit is two and one eighth inches or more in diameter but is less than two and one quarter inches;
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..................	2¼-3	30	10
Alfriston......................................	ALF...................	2½-3¼	..	..
Aromatic......................................	ARO..................	2¼-2¾	50	20
Australian Beauty......................................	A.B...................	2¼-2¾	50	20
Ballarat......................................	....................	2½-3	..	..
Cleopatra......................................	CLEO................	2¼-2¾	..	..
Coleman......................................	CMN.................	2¼-2¾	50	20
Cox’s Orange Pippin......................................	C.O.P................	2-2½	30	5
Crofton......................................	CROF................	2⅛- 2¾	50	20
Crow Egg......................................	C.E....................	2¼-3	30	10
Delicious......................................	DEL..................	2¼-2¾	50	20
Democrat......................................	DEM.................	2¼-3¼	70	35
Dougherty......................................	DHTY...............	2¼-2¾	40	20
Duke of Clarence......................................	D.C...................	2¼-3	70	35
Dunns......................................	DUNNS.............	2¼-3	..	..

First Schedule—continued.

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—continued.	TABLE OF VARIETIES, CLASSES, ETC.—continued. Part I.—Apples for Export to any Destination—continued.					“2¼inches” where the fruit is two and one quarter inches or more in diameter but is less than two and three eighth inches; “2⅜ inches” where the fruit is two and three eighth inches or more in diameter but is less than two and one half inches; “2½ inches” where the fruit is two and one half inches or more in diameter but is less than two and three-quarter inches; “2¾ inches” where the fruit is two and three quarter inches or more in diameter but is less than three inches; “3 inches” where the fruit is three inches or more in diameter but is less than three and one quarter inches; “3¼ inches” where the fruit is three and one quarter inches or more in diameter but is less than three and one half inches; and
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.............................	2½-3	70 green colour
Geeveston Fanny.................................................	G.F.............................	2¼-2¾	50	20
Granny Smith.................................................	G.S.............................	2¼-3	..	..
Jonathan.................................................	JON.............................	2⅛-2¾	50	20
Jubilee.................................................	JUB.............................	2¼-2¾	50	20
King Cole.................................................	K.C............................	2¼-2¾	50	20
King David.................................................	K.D............................	2⅛- 3¾	70	35
King Pippin.................................................	K.P............................	2⅛-2¾	30	10
London Pippin.................................................	L.P............................	2½-3	..	..
McIntosh Red.................................................	McINTOSH RED	2¼-2¾	70	35
Mobbs Codlin.................................................	M.C.............................	2½-3	..	..
Newtown Pippin.................................................	N.T.P.............................	2¼-2¾	..	..
Nickajack.................................................	NJ.............................	2¼-3	30	10
Pomme de Neige.................................................	P.D.N.............................	2⅛-2¾	30	10

 

First Schedule—continued.

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—continued.	TABLE OF VARIETIES, CLASSES, ETC.—continued. Part I.—Apples for Export to any Destination—continued.					“3½ inches” where the fruit is of three and one half inches or greater diameter.
Variety.	Abbreviation of name of variety.	Sizes (indies in diameter).	Percentage of colour, characteristic of the variety, necessary on each apple in each grade.
Extra Fancy	Fancy.
Prince Alfred......................................	P.A......................	2½-3¼	..	..
Reinette du Canada......................................	R D.C......................	2½-3	..	..
Ribston Pippin......................................	R.P.....................	2¼-2¾	..	..
Rokewood......................................	ROKE......................	2¼-2¾	40	20
Rome Beauty......................................	R.B.....................	2¼-3	30	10
Scarlet......................................	S.P.M......................	2⅛-2¾	50	20
Schroeder......................................	SCH......................	2¼-3	..	..
Statesman........................................	STN......................	2¼-2¾	30	10
Stayman......................................	STAY......................	2¼-2¾	30	10
Stone Pippin......................................	S.P.....................	2¼-3	..	..
Stunner......................................	S.T.P......................	2¼-2¾	..	..
Tasman’s Pride......................................	T.P.....................	2¼-3	50	20
Wellington......................................	WTN......................	2½-3	..	..
White Winter Pearmain......................................	W.W.P......................	2¼-2¾	..	..
Worcester Pearmain......................................	W.P.M......................	2⅛-2¾	50	20
Yates......................................	YATES.....................	2⅛-2¾	50	20

First Schedule—continued.

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—continued.	Table Of Varieties, Classes, Etc.—continued.
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...............................	2¼-3	..	..
Dunns................................................	DUNNS..............................	2¼-3¼	..	..
Granny Smith................................................	G.S...............................	2¼-3¼	..	..
Sturmer................................................	S.T.P...............................	2¼-3	..	..
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...............................	2¼-3½	..	..
Democrat................................................	dem...............................	2¼—3½	..	..
French Crab................................................	F.C...............................	2¼-3	..	..
Granny Smith................................................	G.S...............................	2¼-3½	..	..
Gravenstein................................................	grav...............................	2¼-2¾	..	..
Mcintosh Red................................................	Mcintosh red..............................	2¼-3	70	35
Pioneer................................................	pioneer..............................	2¼-3	..	..
Nickajack................................................	NJ..............................	2¼-3¼	30	10
Rymer................................................	rym...............................	2¼-2¾	25	10
Spitzenberg................................................	SPTZ...............................	2¼-2¾	40	15
Stayman................................................	stay...............................	2¼-3	30	10

First Schedule—continued.

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—continued.	3 The consent in writing of the Secretary shall be obtained prior to the exportation of apples of the following varieties, namely:—Coleman, Jubilee, King Cole, McIntosh Red, Stayman, White Winter Pearmain and Wellington. 4. 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 on one quarter of an inch. For the purposes of this paragraph, russeting shall not be considered a blemish, provided that not more than ten per centum of the surface of any apple is affected. 5. 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, russeting shall not be considered a blemish provided that not more than thirty per centum of the surface of any apple is affected or, in the case of apples of the Sturmer variety, not more than fifty per centum of the surface of any apple. 6. Each apple shall have the colour characteristic of the variety to an extent not less than that specified in the table contained in paragraph 2 of this item in respect of the particular variety and grade of apple. 7. Each apple shall, before being packed into the case or tray, be wrapped in paper. Packing material consisting of corrugated strawboard, wood-wool, or other similar 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 case or tray. Only one layer of apples shall be packed in each tray. 8. The outer layers or shown surfaces of the apples in each case shall be a true indication of the average grade of the contents of that case.

First Schedule—continued.

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—continued.

9. Cases described as “Standard bushel” in the table contained in paragraph 3 of item 1 which are manufactured from softwood and used for the packing of apples shall be constructed in accordance with the following specifications:— (a) Each end shall measure 11½ inches by 10½ inches by 5/8 inch. (b) Each side shall measure 19¼ inches by 10½ inches by 5/16 inch. Unless a side is of one piece it shall comprise two pieces only and the width of each of such pieces shall not be less than 5¼ inches, (c) The top and bottom shall each be of two pieces which shall measure 19¼ inches by 5½ inches by 3/16 inch. (d)Four cleats, which shall measure 11½ inches by ¾ inch by ⅜ inch, shall be used, one at each end, one at the top, and one at the bottom.
3. Grapes.................................	1. The grapes shall be packed in granulated cork or coarse sawdust, of a quality approved by the Secretary. The grapes shall, in the opinion of an officer, be sufficiently mature and fit for export. 2. Cases described as “Grape” in the table contained in paragraph 3 of item 1 shall be constructed in accordance with the following specifications:— (a) The centre and end boards shall be not less than 3/16 inch in thickness. (b)The sides and the top and bottom boards shall not be less than ¼ inch in thickness.
4. Oranges.................................	1. The outer layers or shown surfaces of the oranges shall be a true indication of the contents of each case. 2. Each case 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. The oranges in any case shall not vary in size by more than ¼ inch, and 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 and of reasonably even colour.	1. The trade description shall be placed on one end of each case and shall set out— (a)in letters or figures of at least ¼ inch in height if printed on the cases or applied by means of printed paper labels, and at least ¾ inch if stencilled on the cases,

First Schedule—continued.

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. Oranges—continued.	5 Oranges shall be packed in either of three grades, namely, “Special”, “Standard”, or “Plain”. 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. 8. Oranges described as “Plain” 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 twenty-five per centum of the total surface area. 9. Oranges shall not be exported unless they have been sweated prior to packing for a period of at least seven days. 10. 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 “Orange” in the table con-tamed 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.	the variety and number of the oranges contained in each case and whether the oranges are “Special”, “Standard”, or “Plain”; and (b)in letters at least ½ inch in height the grower’s name or registered brand, or, in the case of a firm or corporation, the name or registered brand of that firm or corporation.
			5. Pears....................	1. 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.	1. The trade description shall be placed on one end of the case and shall set out— (a)in letters or figures at least ¼ inch in height if

First Schedule—continued.

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. Pears—continued.	2. 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 other than those specified in that table.		printed on the case or applied by means of printed paper labels, and at least ¾ inch if stencilled on the cases, the variety (or the abbreviation of the name of the variety) and the size or number of the pears contained in the case and whether the pears are “Extra Fancy”, “Fancy” or “Good”; and (b) in letters at least ½inch in height, the grower’s name or registered brand or, in the case of a firm or corporation, the name or registered brand of that firm or corporation. 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.
	TABLE OF VARIETIES OF PEARS WHICH MAY BE EXPORTED.
	Variety.	Abbreviation of Name of Variety.
	B. Britton...................................................................................................	B. Britton
	B. de Capiaumont...................................................................................................	B. Cap.
	Beurre Bosc...................................................................................................	..
	Beurre Clairgeau...................................................................................................	Clairgeau
	Beurre D’Anjou...................................................................................................	..
	Beurre Diel...................................................................................................	Diel
	Beurre Hardy...................................................................................................	..
	Black Achan...................................................................................................	B. Achan
	Broom Park...................................................................................................	B. Park
	D. Bossuch...................................................................................................	Bossuch
	Doyenne de Cornice...................................................................................................	Cornice
	Duchess d’Angouleme...................................................................................................	D. D. Ang.
	Easter Beurre...................................................................................................	B. Easter
	Giblin’s Seedling...................................................................................................	Giblin
	Glou Morceau...................................................................................................	G. Morceau
	Howell...................................................................................................	Howell
	Josephine...................................................................................................	Jos.
	Keiffer...................................................................................................	Keiffer
	L’lnconnue...................................................................................................	..
	Lemon Bergamot (or Passans du Portugal)...................................................................................................	..
	Madame Cole...................................................................................................	M. Cole
	Marie Louise...................................................................................................	M. Louise
	Packhams Triumph...................................................................................................	Packham
	Vicar of Winkfield (or Napoleon)...................................................................................................	Vicar
	Williams Bon Chretien...................................................................................................	W.B.C.
	Winter Bartlett...................................................................................................	W. Bart
	Winter Cole...................................................................................................	W. Cole
	Winter Nelis...................................................................................................	W. Nelis

First Schedule—continued.

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. Pears—continued.	3. Each pear shall, before being packed into the case or tray, be wrapped in paper. Packing material consisting of corrugated strawboard, wood-wool, or other similar 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 case or tray. 4. 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 case. 5. Pears shall be packed in either of three grades, namely, “Extra Fancy”, “Fancy”, or “Good”. 6. Pears described as “Extra Fancy” shall consist of sound, clean, well-formed pears of one size and one variety, free from broken skins and from disease. Superficial blemishes from any cause may be permitted provided that the total number of blemished pears in any case does not exceed five per centum of the total number of pears in the case, 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. 7. 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— (a)such fruit does not exceed ten per centum (by number) of the pears in any case; and (b)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. 8. 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. 9. In the case of pears of the following varieties, namely:— Beurre D’Anjou; Doyenne de Comice; Josephine; Packhams Triumph; Williams Bon Chretien; and Howell,

First Schedule—continued.

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. Pears—continued.	russetting shall not be considered a blemish, provided that not 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. 10. Cases described as “Pear” in the table contained in paragraph 3 of item 1 which are manufactured from softwood shall be constructed in accordance with the following specifications:— (a)Each end shall consist of one piece and shall measure 11½ inches by 8½ inches by 5/8 inch. (b) Each side shall be of one piece and shall measure 19¼ inches by 8½ inches by 5/16 inch. (c) The top and bottom shall each be of two pieces which shall measure 19¼ inches by 5½ inches by 3/16 inch. (d) Four cleats, which shall measure 11½ inches by ¾ inch by ⅜ inch, shall be used, one at each end, one at the top and one at the bottom. 11. Pears intended for export shall be packed only in cases 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 cases of the type described as “Standard bushel” in that table.
6. Plums.........................	1. The outer layers or shown surfaces of the plums shall be a true indication of the contents of each case. 2. Each case 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 1¼ inches in diameter.

SECOND SCHEDULE. Reg. 4(2.).

 

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 word not applicable.

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 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 Inspecting 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.

 

Inspecting Officer.

…/…/19..

Second Schedule—continued.

Form 2. Reg. 17.

Commonwealth of Australia.

Exports (Fresh Fruit) Regulations.

GENERAL NOTICE OF INTENTION TO EXPORT FRESH FRUIT DURING A STATED PERIOD.

 

 19. .

To the Department of Commerce,

Port of.................................................................

* Strike out word not applicable.

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.

Exports (Fresh Fruit) Regulations.

NOTICE OF FORWARDING FRESH FRUIT FOR EXAMINATION.

 

 19..

* Strike out words not applicable.

To the Department of Commerce,

Port of.....................................................

Notice is hereby given that *I/*we as* Agent* for*................................................................ have

Second Schedude.—continued.

forwarded this day, in accordance with, the General Notice of Intention to Export given by *me/*us for the purpose of being examined by an officer, the fresh fruit specified hereunder.

Variety of Fruit. Grade. Brand. Number of Packages.

 

(Signature of agent or owner.)

 

Certificate by inspecting 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.

 

Inspecting Officer.

…/…/19…

 

Form 4. Reg. 19.

Commonwealth of Australia.

Exports (Fresh Fruit) Regulations.

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 to be returned by the Officer of Customs after shipment of the fruit to the examining officer.

 

Second Schedule—continued.

Form 5. Reg. 19.

Commonwealth of Australia.

Exports (Fresh Fruit) Regulations.

CERTIFICATE AS TO CONDITION OF * 

* Insert “fresh apples” or “fresh pears” as the case may be.

This is to certify that, upon examination of cases selected at random, the *................ described hereunder have been examined and found to be in a sound shipping condition, and packed and graded in accordance with the provisions of the Exports (Fresh Fruit) Regulations.

Variety of Fruit. Date of Picking. Grade of Fruit. Brands. Number of Cases. Size of Cases. Vessel. Destination. Date of Shipment.

Dated at........................... in the State of…………………the…………… day of………………, 19……

 

Officer of the Department of Commerce.

 

Form 6. Reg. 19.

Commonwealth of Australia.

Exports (Fresh Fruit) Regulations.

CERTIFICATE AS TO CONDITION OF FRESH FRUIT OTHER THAN APPLES AND PEARS.

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.

* This paragraph is to be deleted in the case of fruits other than citrus fruits.

* The fruit comprising this shipment was grown in.......................................................... and it is certified that that State is free from citrus canker.

Variety of Fruit. Brands. Number of Cases. Size of Cases. Vessel. Destination. Date of Shipment.

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.