Exports (Fresh Fruit) Regulations (Cth)
EXPORTS (FRESH FRUIT) REGULATIONS - Incorporating all amendments by
legislation made to 31 December 1980
- Reprinted as at 31 December 1980 (HISTREG CHAP 107 #DATE 31:12:1980)
legislation made to 31 December 1980
- Reprinted as at 31 December 1980 (HISTREG CHAP 107 #DATE 31:12:1980)
*1* The Exports (Fresh Fruit) Regulations (in force under the Customs Act 1901
comprise Statutory Rules 1955 No. 61 as amended by the other Statutory Rules
specified in the following table:
----------------------------------------------------------------------------
Application, saving Year and Date of notification Date of or transitional
number in Gazette commencement provisions
---------------------------------------------------------------------------- 1955 No. 61 15 Sept 1955 15 Sept 1955
1956 No. 20 8 Mar 1956 8 Mar 1956 -
27 22 Mar 1956 22 Mar 1956 -
123 24 Dec 1956 24 Dec 1956 -
1957 No. 36 18 July 1957 18 July 1957 -
1958 No. 24 17 Apr 1958 17 Apr 1958 -
1959 No. 6 29 Jan 1959 29 Jan 1959 -
1960 No. 16 18 Feb 1960 18 Feb 1960 -
38 9 June 1960 9 June 1960 -
1961 No. 20 16 Feb 1961 16 Feb 1961 -
111 7 Sept 1961 1 Jan 1962 -
1962 No. 37 31 May 1962 31 May 1962 -
1963 No. 15 25 Feb 1963 25 Feb 1963 -
140 24 Dec 1963 24 Dec 1963 -
1964 No. 11 30 Jan 1964 30 Jan 1964 -
1964 No. 28 27 Feb 1964 27 Feb 1964 -
1965 No. 22 25 Feb 1965 25 Feb 1965 -
1966 No. 49 11 Feb 1966 14 Feb 1966 -
84 5 May 1966 Rr. 2 and 5: 1 Jan
1967 Remainder: 5
May 1966 -
1967 No. 22 2 Mar 1967 2 Mar 1967 -
1968 No. 16 7 Mar 1968 7 Mar 1968 R. 2 (2)
1969 No. 33 13 Mar 1969 13 Mar 1969 -
40 20 Mar 1969 20 Mar 1969 -
1970 No. 33 17 Mar 1970 17 Mar 1970 -
1971 No. 35 25 Mar 1971 25 Mar 1971 -
104 20 Aug 1971 20 Aug 1971 -
1972 No. 36 23 Mar 1972 23 Mar 1972 -
1973 No. 140 26 July 1973 26 July 1973 -
1974 No. 49 11 Apr 1974 11 Apr 1974 -
227 6 Dec 1974 6 Dec 1974 -
1976 No. 87 30 Mar 1976 30 Mar 1976 -
163 3 Aug 1976 3 Aug 1976 -
1977 No. 22 1 Mar 1977 1 Mar 1977 -
254 21 Dec 1977 21 Dec 1977 -
1978 No. 40 22 Mar 1978 22 Mar 1978 -
1979 No. 58 5 Apr 1979 5 Apr 1979 -
1980 No. 120 30 May 1980 30 May 1980 -
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EXPORTS (FRESH FRUIT) REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Regulation
1. Citation
2. Repeal and saving
3. (Repealed)
4. Interpretation
5. Application of Regulations
6. Delegation
7. Inspection of fresh fruit in course of preparation for export
PART II-GENERAL PROVISIONS AS TO EXPORTATION
8. Export of fresh fruit prohibited except subject to conditions
9. Registration of export establishments for bananas, citrus fruit and
pineapples
9A. Registration of fumigation chambers
10. Fruit affected by San Jos'e scale not to be exported
PART III-TRADE DESCRIPTIONS
11. Export of fresh fruit prohibited unless trade description applied
12. Requirements as to trade description
13. Trade description applies as at time of shipment
14. Trade descriptions and official marks not to be interfered with
PART IV-SUPERVISION, INSPECTION AND EXAMINATION
15. Preparation of fresh fruit under supervision
16. Secretary may appoint places for inspection of exports
17. Fresh fruit to be sent to appointed places
18. Examination at places other than appointed places
19. Notice of intention to export and declaration
20. False declarations
21. Export permit and certificate as to examination of fresh fruit
22. Fresh fruit may be re-examined and permit cancelled
PART V-REGISTRATION OF BRANDS
23. Register of brands
24. Application to be accompanied by copies of brand
25. Registration as trade mark necessary
26. Registration number
27. Assignments and transmissions of trade marks to be notified
28. Cancellation of brand where no longer registered as trade mark
PART VI-MISCELLANEOUS
29. Analysts
30. Certificates of analysis
31. Fees for certificates of analysts
32. Fees for officers' services
THE SCHEDULES
FIRST SCHEDULE
Statutory Rules Repealed
SECOND SCHEDULE
General Conditions and Restrictions to be Complied with in Respect of Fresh
Fruit intended for Export
THIRD SCHEDULE
Export of fresh fruit prohibited unless trade description applied
FOURTH SCHEDULE
Forms
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 1.
Citation
PART I-PRELIMINARY
1. These Regulations may be cited as the Exports (Fresh Fruit) Regulations.*1*
See notes to first article of this Chapter.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 2.
Repeal and saving
2. (1) The Exports (Fresh Fruit) Regulations (comprising the Statutory Rules specified in the First Schedule) are repealed.
(2) Every number and word allotted, certificate and permit issued, approval and notice given, appointment and declaration made, and brand and export establishment registered under the Regulations repealed by the last preceding sub-regulation and in force or subsisting immediately before the commencement of these Regulations shall be deemed to have been allotted, issued, given, made or registered, as the case may be, under these Regulations.
Regulation 3 repealed by 1978 No. 40 r. 1
* * * * * * * *
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 4.
InterpretationSub-reg. (1) amended by 1956 No. 20 r. 1; 1959 No. 6 r. 1; 1963 No. 15 r. 1;
1965 No. 22 r. 1; 1969 No. 40 r. 1; 1970 No. 33 r. 1; 1971 No. 35 r. 1; 1978 No. 40 r. 2; 1979 No. 58 r. 1
4. (1) In these Regulations, unless the contrary intention appears-
"analyst" means a person who holds, or is to be deemed to hold, office as an analyst under sub-regulation 29 (1);
"appointed place" means-
(a) a place appointed under regulation 16 of these Regulations;
(b) a wharf at which fresh fruit intended for export is to be shipped; or
(c) a ship used, or intended to be used, for the conveyance for export of fresh fruit;
"blemish ", in relation to apples and pears, means a superficial disfigurement of the skin that is not likely to affect the keeping quality of the fruit, and "blemished" has a corresponding meaning;
"cell pack" means a package that is equipped with fillers and pads forming individual cells;
"circumference ", in relation to a banana, means the greatest circumference of the banana measured at right angles to its core;
"clipped ", in relation to citrus fruit, means cut from the tree by means of a blunt-nosed clipper or similar instrument and having the stalk trimmed smooth and not protruding to an extent likely to cause injury to other fruit;
"cluster ", in relation to bananas, means a group of not less than three and not more than nine bananas attached to one section of the peduncle;
"container system unit" means a container (including a lift-van, but not including a vehicle) designed for repeated use as a unit of cargo-handling equipment in the transport of goods by ships specially constructed, adapted or equipped for the handling and carrying of containers of the kind to which the container belongs in the course of a transportation system in which goods are transported to, in and from the ship in containers of that kind;
"diameter ", in relation to fresh fruit, means the greatest transverse measurement of the fruit taken at right angles to the axis of the fruit;
"disease" means any abnormal condition of, or in, fresh fruit, and includes any condition arising from functional disorders, or caused by, or due to, the presence, operation, development, or growth of any insect, fungus, bacterium, virus or parasite;
"export establishment" means premises registered under regulation 9 of these Regulations;
"fumigation chamber" means a chamber registered under regulation 9A of these Regulations;
"hand ", in relation to bananas, means a group of not less than ten bananas attached to one section of the peduncle;
"length ", in relation to a banana, means the greatest length of the banana measured along its outside curve;
"officer" has the same meaning as in the Commerce (Trade Descriptions) Act 1905-1950;
"registered brand" means a brand registered under these Regulations;
"sound" means not over-ripe, not soft, not wilted, free from disease, and free from excessive bruising or physical injuries affecting the keeping quality of the fruit;
"telescopic cell pack" means a cell pack and a lid that fits over and covers the sides and ends of the cell pack;
"the Department" means the Department of Primary Industry;
"the Minister" means the Minister of State for Primary Industry;
"the repealed Regulations" means the Regulations repealed by Regulation 2 of these Regulations;
"the Secretary" means the person for the time being holding, or performing the duties of, the office of Secretary to the Department;
"tray pack" means a package that is equipped with trays.
Inserted by 1970 No. 33 r. 1
(1A) For the purpose of the Third Schule to these Regulations, goods shall be taken to be intended for export to a particular port if the ship on which the goods are to be exported is stated to be bound for that port on the sheet of the Ship's Outward Manifest on which particulars of the goods are entered.
(2) In these Regulations, a reference to a Schedule by number shall be read as a reference to a Schedule to these Regulations so numbered, and a reference to a form by number shall be read as a reference to the form so numbered in the Fourth Schedule.
(3) Strict compliance with the forms contained in the Fourth Schedule is not necessary and substantial compliance with those forms is sufficient.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 5.
Application of Regulations
5. (1) These Regulations do not apply to ships' stores brought to, or shipped in, Australia.
(2) The Secretary may certify, in respect of fresh fruit specified in the certificate, that, for the purposes of experiment or on account of exceptional circumstances, it is desirable that such provisions of these Regulations as are specified in the certificate should not apply to or in relation to that fruit, and, upon the issue of that certificate, those provisions do not apply.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 6.
Delegation
6. (1) The Secretary may, in relation to a particular matter or class of matters, or to a State or part of the Commonwealth, by writing under his hand, delegate to an officer all or any of his powers and functions under these Regulations (except this power of delegation).
(2) A power or function so delegated may be exercised or performed by the delegate with respect to the matter or to the matters included in the class of matters, or with respect to the State or part of the Commonwealth, specified in the instrument of delegation.
(3) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Secretary.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 7.
Inspection of fresh fruit in course of preparation for export
7. Fresh fruit is prescribed goods for the purposes of section 5 of the Commerce (Trade Descriptions) Act 1905-1950.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 8.
Export of fresh fruit prohibited except subject to conditionsPART II-GENERAL PROVISIONS AS TO EXPORTATION
Sub-reg. (1) amended by 1965 No. 22 r. 2; 1968 No. 16 r. 1
8. (1) The exportation of fresh fruit is prohibited unless-
(a) in the case of fresh fruit other than fresh bananas, citrus fruits and pineapples, the Secretary is satisfied that the fruit has been prepared and packed for export in an establishment which is constructed, equipped and operated in an efficient and hygienic manner;
(b) in the case of fresh bananas, citrus fruit and pineapples, the fruit has been prepared and packed in an export establishement;
(ba) in the case of fruit that has been fumigated, the fumigation has been effectively carried out in a fumigation chamber;
(c) the conditions and restrictions specified in the Second and Third Schedules are complied with; and
(d) the exporter has obtained an export permit in accordance with these Regulations in respect of the fresh fruit, and the export permit is in force at the time when the fruit is exported.
(2) Notwithstanding anything contained in these Regulations, the exportation of fresh fruit is prohibited where, in the opinion of an officer specifically appointed in writing for the purpose by the Secretary, the seasonal conditions, varieties, ports of shipment, destination or the proposed conditions of conveyance are such as to be detrimental to the good out-turn of the fruit.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 9.
Registration of export establishments for bananas, citrus fruit and
pineapplesSub-reg. (1) amended by 1965 No. 22 r. 3
9. (1) A person who is the owner or occupier of premises used for the receipt, processing, packing or storage of bananas, citrus fruits or pineapples may apply to the Secretary, in accordance with Form 1, for the registration of the premises as an export establishment.
(2) If the Secretary is satisfied that the premises are constructed, equipped and operated in an efficient and hygienic manner, and in particular-
(a) that the premises are so constructed as to be adequately lighted for the purposes of efficient inspection of the fruit and the operations of the packing shed;
(b) that the premises are ventilated in a manner approved by an officer;
(c) that the floors of the premises are constructed of concrete or other suitable material that permits of rapid and effective cleansing;
(d) that the immediate surroundings of the premises are such as to minimize harbourage for fungi or insects and contamination of the fruit by foreign substances during stacking, handling, loading, processing, grading and packing;
(e) that, in the case of premises used for the receipt, processing, packing or storage of pineapples, they are situated in a locality where pineapples are grown commercially; and
(f) that the plant and equipment are of types approved by an officer,
the Secretary may register the premises as an export establishment.
(3) The Secretary shall issue a certificate of registration in accordance with Form 2 in respect of premises registered under this regulation.
(4) If the Secretary is satisfied that an export establishment no longer complies with the conditions specified in sub-regulation (2) of this regulation, or the owner or occupier has failed to maintain the premises in such a manner as prevents contamination of fresh fruit, he may cancel its registration.
Amended by 1965 No. 22 r. 3
(5) The registration of an export establishment shall remain in force until such time as it is cancelled by the Secretary or the premises cease to be used for the receipt, processing, packing or storage of bananas, citrus fruits or pineapples.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 9A.
Registration of fumigation chambersSubstituted by 1968 No. 16 r. 2
9A. (1) A person who is the owner or occupier of premises which comprise or include a fumigation chamber may apply to the Secretary for registration of the chamber as a fumigation chamber for fruit.
(2) An application made in pursuance of the last preceding sub-regulation shall be in accordance with Form 1A and shall be accompanied by detailed specifications showing the type of construction of the chamber, its capacity, the plant and equipment used or to be used in connexion with the operation of the chamber and the manner in which and the means by which fumigation is or will be carried out in the chamber.
(3) Where-
(a) the fumigation chamber is so designed and constructed as to be capable of fumigating in an efficient manner and by hygienic means;
(b) the fumigation chamber or the premises in which the chamber is included are in a clean condition; and
(c) the premises and their immediate surroundings are such as to minimize the harbourage of fungi and insects and the possibility of contamination of the fruit by foreign substances,
the Secretary shall register the chamber as a fumigation chamber for fruit and shall issue a certificate of registration in accordance with Form 2A in respect of the chamber.
(4) Where-
(a) fumigation is not being carried out in a fumigation chamber in an efficient manner; or
(b) the standard of hygiene in a fumigation chamber, the premises (if any) in which it is included or its immediate surroundings is such that, in the opinion of an officer, fruit may become infested with insects, contaminated by foreign substances or dangerous to the health of consumers,
the Secretary may cancel the registration of the chamber as a fumigation chamber.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 10.
Fruit affected by San Jos'e scale not to be exported
10. The exportation of fresh fruit which is affected by San Jose' scale is prohibited.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 11.
Export of fresh fruit prohibited unless trade description appliedPART III-TRADE DESCRIPTIONS
11. Subject to these Regulations, the exportation of fresh fruit is prohibited unless there is applied to the fruit a trade description which complies with the requirements of the next succeeding regulation and with the requirements, if any, specified in the third column of the Third Schedule opposite to the name or description of the fruit.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 12.
Requirements as to trade descriptionSub-reg. (1) amended by 1956 No. 20 r. 2; 1962 No. 37 r. 1; 1979 No. 58 r. 2
12. (1) The trade description required to be applied to fresh fruit-
(a) shall be in the form of a label or brand fixed in a prominent position, and in a reasonably permanent manner, to the outside of the package in which the fruit is to be exported;
(b) shall contain, in prominent and legible characters, the name and a true description of the fruit, together with the word "Australia" and the name of the State or Territory in which the fruit was produced; and
(c) shall include-
(i) if the identity of the producer of the fruit was lost during the operation of packing the fruit-the prescribed particulars of the owner of the establishment in which the fruit was packed, or those prescribed particulars and, in addition, the name or registered brand of the exporter of the fruit; or
(ii) in any other case-the prescribed particulars of the producer of the fruit, or those prescribed particulars and, in addition, the name or registered brand of the exporter of the fruit or of the owner of the establishment in which the fruit was packed.
Added by 1962 No. 37 r. 1
(2) In the last preceding sub-regulation-
"the prescribed particulars of the owner" means the name or registered brand of the owner;
"the prescribed particulars of the producer" means the name or registered brand of the producer, or a number or device, approved by the Secretary, indicating the identity of the producer.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 13.
Trade description applies as at time of shipment
13. The trade description applied to fresh fruit in accordance with these Regulations shall relate to the condition of the fruit as at the time of shipment.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 14.
Trade descriptions and official marks not to be interfered withAmended by 1968 No. 16 r. 3
14. Where fresh fruit which is intended for export has been inspected by an officer, a person shall not, except with the approval of an officer, remove, alter or interfere with a trade description applied to that fruit or a stamp or mark placed on or applied to that fruit.
Penalty: One hundred dollars.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 15.
Preparation of fresh fruit under supervision
PART IV-SUPERVISION, INSPECTION AND EXAMINATION
15. (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.
Amended by 1971 No. 35 r. 2
(2) Where the services of an officer are made available in pursuance of an application under sub-regulation (1) of this regulation, the applicant shall pay to the Department for those services-
(a) a fee calculated at the rate of Thirty cents for each hour, or part of an hour, during which the officer is engaged in supervising the preparation of the fruit; or
(b) where the amount so calculated is less than the expenses incurred by the Department in making the services of the officer available and the Minister directs that payment be made under this paragraph-a fee equal to the amount of those expenses.
(3) A fee is not payable for the services of an officer under the last preceding sub-regulation in respect of a period for which a fee is paid under regulation 32 of these Regulations for the services of that officer.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 16.
Secretary may appoint places for inspection of exports
16. (1) The Secretary may, by writing under his hand, appoint a place to be a place where fresh fruit intended for export may be inspected and examined.
(2) A place may be appointed for the inspection and examination of a particular kind of fresh fruit, or of fresh fruit included in a particular class of fresh fruit, and the appointment may be made subject to such conditions and restrictions as the Secretary thinks fit.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 17.
Fresh fruit to be sent to appointed places
17. If fresh fruit intended for export is not sent to an appointed place for inspection and examination within a reasonable period before the fruit is proposed to be shipped, an officer may refuse to inspect and examine it.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 18.
Examination at places other than appointed places
18. 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.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 19.
Notice of intention to export and declaration
19. (1) A person who intends to export fresh fruit shall furnish to the Department a notice in writing in accordance with Form 3 at least one clear working day before the proposed date of shipment.
(2) The owner of fresh fruit submitted for inspection and examination, or the duly authorized agent of the owner, shall deliver to the examining officer, at the time when the fruit is so submitted, a notice and declaration in accordance with Form 4.
(3) The exporter of fresh fruit exported shall furnish to the Department a declaration in accordance with Form 5 within three days after shipment.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 20.
False declarationsSub-reg. (1) substituted by 1958 No. 24 r. 1; amended by 1968 No. 16 r. 4
20. (1) A person shall not- (a) make a false or misleading statement in a document furnished or delivered in pursuance of the last preceding regulation; or
(b) furnish to the Department, or deliver to an officer, in pursuance of that regulation a document that contains a false or misleading statement.
Penalty: One hundred dollars.
(2) In proceedings for an offence against the last preceding sub-regulation, a certificate signed by the Secretary certifying that the declaration was furnished in pursuance of the last preceding regulation and was made by the person to whom it purports to have been made is evidence of the matters certified.
Inserted by 1959 No. 6 r. 2; amended by 1969 No. 33 r. 1
(2A) A person shall not fail to furnish a declaration under sub-regulation (3) of the last preceding regulation.
Penalty: Fifty dollars.
Inserted by 1959 No. 6 r. 2
(2B) In proceedings for an offence against the last preceding sub-regulation, a certificate signed by the Secretary certifying that fresh fruit was exported from a specified port by a specified person on a specified date of shipment and that a declaration in accordance with Form 5 has not been furnished to the Department within the time fixed by sub-regulation (3) of the last preceding regulation is evidence of the matters certified.
Amended by 1959 No. 6 r. 2
(3) Judicial notice shall be taken of the signature of the Secretary appearing on a certificate under sub-regulation (2) or (2B) of this regulation and of the fact that the person by whom the certificate purports to have been signed is, or was at the time at which he signed the certificate, the Secretary.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 21.
Export permit and certificate as to examination of fresh fruit
21. (1) Where an officer has inspected and examined fresh fruit intended for export and-
(a) the fruit is marked with a trade description in accordance with these Regulations; and
(b) the officer is satisfied that the conditions and restrictions applicable under these Regulations in respect of the fruit have been complied with,
the officer shall sign the certificate at the foot of the notice in accordance with Form 4, and the exporter shall be entitled to receive an export permit in accordance with Form 6.
(2) When the fruit is brought to a wharf for shipment, the exporter shall deliver the export permit issued under the last preceding sub-regulation in respect of that fruit to the officer of Customs on duty at the ship by which the fruit is to be exported.
(3) Fresh fruit intended for export shall not be loaded into a vessel except in the presence of an officer.
(4) When an officer is satisfied that the fruit has been loaded into the ship by which the fruit is to be exported, the exporter shall be entitled to receive a certificate in accordance with Form 7 in respect of the fruit.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 22.
Fresh fruit may be re-examined and permit cancelledSub-reg. (1) amended by 1979 No. 58 r. 2
22. (1) If an officer has reasonable cause to think that, since the receipt by an exporter of an export permit-
(a) the condition, quality, grade or class of the fresh fruit specified in permit has changed; or
(b) the condition of the packages or container system units in which the fruit is packed has changed,
he may re-examine the fresh fruit, packages or container system units.
Amended by 1979 No. 58 r. 2
(2) Where an officer re-examines fresh fruit, packages or a container system unit in pursuance of sub-regulation (1), and he is satisfied that, having regard to the condition, quality, grade or class of the fruit or the condition of the packages or container system unit in which it is packed, the exportation of the fruit is prohibited by these Regulations, he may cancel the export permit, and the certificate (if any) as to the condition of the fruit, issued in respect of the fruit.
(3) Where an export permit has been cancelled under the last preceding sub-regulation, the exporter shall, if so required by an officer, forthwith surrender the permit to the officer.
Penalty amended by 1968 No. 16 r. 5
Penalty: One hundred dollars.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 23.
Register of brands
PART V-REGISTRATION OF BRANDS
Substituted by 1963 No. 15 r. 2
23. (1) Subject to regulation 25 of these Regulations, the Secretary-
(a) may register a brand as a brand that may be included in the trade description of fresh fruit; and
(b) shall keep a register, to be known as the Register of Brands, of the brands so registered.
(2) A brand may be registered for a particular type of fresh fruit.
(3) The register of brands kept by the Secretary under these Regulations as in force immediately before the commencement of this regulation and any register incorporated with and forming part of that register shall be incorporated with and form part of the register kept under this regulation.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 24.
Application to be accompanied by copies of brandSubstituted by 1963 No. 15 r. 2
24. An application for the registration of a brand shall be accompanied by seven copies of the brand.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 25.
Registration as trade mark necessarySubstituted by 1963 No. 15 r. 2
25. A brand shall not be registered under these Regulations unless it is registered, or deemed to be registered, in the Register of Trade Marks kept under the Trade Marks Act 1955-1958, as a trade mark in respect of fresh fruit or of a particular kind of fresh fruit and unless the applicant is the registered proprietor or a registered user of the trade mark.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 26.
Registration number
26. The Secretary shall allot a number to each registered brand and that number may be applied to fresh fruit intended for export in conjunction with the brand.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 27.
Assignments and transmissions of trade marks to be notifiedAmended by 1968 No. 16 r. 6
27. Where a trade mark which is registered as a brand under these Regulations is assigned or transmitted, the person to whom it is assigned or transmitted shall give notice of the assignment or transmission to the Secretary.
Penalty: Fifty dollars.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 28.
Cancellation of brand where no longer registered as trade mark
28. Where a trade mark which is registered as a brand under these Regulations ceases to be registered as a trade mark, the Secretary shall cancel the registration of the brand.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 29.
Analysts
PART VI-MISCELLANEOUS
Substituted by 1963 No. 15 r. 3
29. (1) The Minister may appoint to be analysts, for the purposes of these Regulations, persons who he is satisfied have the necessary qualifications.
Substituted by 1978 No. 40 r. 3
(2) The person for the time being occupying, or performing the duties of-
(a) the office of Assistant Secretary in the Analytical Services Branch in the Department of Science; or
(b) an office in the Analytical Services Branch in the Department of Science the designation of which includes the word "Science ",
shall be deemed to have been appointed to be an analyst under sub-regulation (1).
Sub-reg. (3) omitted by 1972 No. 36 r. 1
* * * * * * * *
(4) An analyst may analyse samples of fresh fruit taken by an officer under the Commerce (Trade Descriptions) Act 1905-1950.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 30.
Certificates of analysisSubstituted by 1963 No. 15 r. 3; amended by 1972 No. 36 r. 2
30. In proceedings under the Customs Act 1901-1960, the Commerce (Trade Descriptions) Act 1905-1950 or these Regulations in relation to fresh fruit-
(a) a certificate under the hand of an analyst and setting out that he has examined or made an anlysis of a sample of fresh fruit and stating the result of the examination or analysis is prima fracie evidence of the matters stated in the certificate; and
(b) a document purporting to be such a certificate shall, unless the contrary is proved, be deemed to be such a certificate.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 31.
Fees for certificates of analystsSubstituted by 1963 No. 15 r. 3; amended by 1968 No. 16 r. 7
31. Where a certificate of analysis of fresh fruit has been given by an analyst stating the result of an examination or analysis of a sample of fresh fruit, the Secretary may furnish a copy of the certificate to the exporter if the exporter so requests and pays-
(a) in the case of an examination or analysis made at the request of the exporter-a fee of Two dollars ten cents; or
(b) in any other case-a fee of Thirty cents.
EXPORTS (FRESH FRUIT) REGULATIONS - SECT. 32.
Fees for officers' servicesSubstituted by 1966 No. 49 r. 2
Sub-reg. (1) substituted by 1974 No. 227; amended by 1977 No. 254; 1980 No. 12032. (1) Subject to sub-regulation (3), where, at the request of a person, the services of an officer are made available to the person for the purposes of these Regulations, the person shall be charged-
(a) in respect of services rendered on a Saturday or Sunday-a fee of $3.20 for each quarter-hour or part of a quarter-hour during which the services are so rendered;
(aa) in respect of services rendered on a holiday-a fee of $3.90 for each quarter-hour or part of a quarter hour during which the services are so rendered;
(b) in respect of services rendered on a week day either before the hour of 7 o'clock in the morning or after the hour of 5 o'clock in the evening of that day-a fee of $2.35 for each quarter-hour or part of a quarter-hour during which the services are so rendered; or
(c) in respect of services rendered on a week day after the hour of 7 o'clock in the morning and before the hour of 5 o'clock in the afternoon of that day, being services so rendered for more than eight hours-a fee of $2.35 for each quarter-hour or part of a quarter-hour during which the services are so rendered after the services have been so rendered for eight hours.
Substituted by 1974 No. 227
(2) In calculating the fee to be charged a person under sub-regulation (1) in respect of the services of an officer made available to him, the time reasonably occupied by the officer in proceeding to and returning from the place where his attendance is required shall be treated as time during which the services are rendered.
(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.
Amended by 1974 No. 227
(4) In this regulation-
"holiday" in relation to the services of an officer on a day, means a day observed, at the place at which the attendance of the officer is required, as a holiday under section 76 of the Public Service Act 1922-1964;
"officer" has the same meaning as in section 4 of the Customs Act 1901-1965;
"week day" in relation to the services of an officer on a day, means a Monday, Tuesday, Wednesday, Thursday or Friday that is not a holiday.
-----------
EXPORTS (FRESH FRUIT) REGULATIONS - SCHEDULE 1 SCH
THE SCHEDULES
SCHEDULE 1
Regulation 2
STATUTORY RULES REPEALED
Statutory Rules 1948, No. 102
Statutory Rules 1949, No. 107
Statutory Rules 1950, No. 39
Statutory Rules 1951, No. 132
Statutory Rules 1951, No. 146
Statutory Rules 1952, No. 106
Statutory Rules 1953, No. 53
Statutory Rules 1954, No. 16
Statutory Rules 1954, No. 47
Statutory Rules 1955, No. 21
----------
EXPORTS (FRESH FRUIT) REGULATIONS - SCHEDULE 2 Amended by 1956 No. 20 r. 4;
1958 No. 24 r. 2;
1961 No. 20 r. 1;
1965 No. 22 r. 6;
1968 No. 16 r. 3;
1971 No. 35 rr. 3-5;
1979 No. 58 rr. 3 and 4
SCH
SCHEDULE 2
Regulation 8
GENERAL CONDITIONS AND RESTRICTIONS TO BE COMPLIED WITH IN RESPECT OF
FRESH FRUIT INTENDED FOR EXPORT
1. (1) Fresh fruit shall, in the opinion of an officer, be-
(a) sound, clean and not diseased or otherwise in an abnormal condition;
(b) uniform in size; and
(c) not likely to arrive at its destination in a deteriorated condition.
(2) The outer layers or shown surfaces of the fresh fruit in a package shall
be a true indication of the average grade of the contents of the package.
(3) Except as otherwise provided by these Regulations, fresh fruit shall be
fruit that has not been subjected to any chemical treatment after harvesting
other than fumigation in a fumigation chamber by means and in a manner approved
by the Secretary.
2. (1) Except where otherwise provided in these Regulations, fresh fruit shall be packed, in accordance with a method approved by the Secretary, in clean, new
packages-
(a) which are suitable in respect of size, nature and durability;
(b) which are sufficiently strong to withstand such handling as is ordinarily incidental to transport to destinations beyond Australia;
(c) which are free from any insect, fungus, bacterium, virus, parasite,
unsightly staining, gum vein or other contamination likely to render the
packages unfit for the packing of fresh fruit; and
(2) Where paper labels are used they shall be applied with an adhesive which
is or which contains a suitable fungicide.
3. (1) Subject to these Regulations, a kind of fruit may be packed only in
packages of dimensions specified in column 2 of the following table opposite a
reference in column 3 of that table to that kind of fruit or to a class of fruit that includes that kind of fruit:
------------------------------------------------------------------------------ -- Column 1 Column 2 Column 3
Inside measurement in
millimetres (clear of
divisions)
----------------------- Kind of fruit for
which
Description of package Length Width Depth package may be used
------------------------------------------------------------------------------ -- Australian dump package . . 450 220 360 Apples
Standard package . . . . . . 450 290 270 Apples
Standard half package . . . 450 290 135 Grapes and stone
fruits
Volume fill package . . . . 450 280 175 Tomatoes
Australian tray pack . . . . 500 298 275 Apples
Standard tray pack . . . . . 500 300 290 Apples
Cell pack W . . . . . . . . 465 305 305 Apples
Cell pack X . . . . . . . . 525 280 300 Apples
Cell pack Y . . . . . . . . 480 320 275 Apples
Cell pack Z . . . . . . . . 525 315 255 Apples
Cell pack 80 . . . . . . . . 410 320 335 Apples
Australian pear package . . 430 290 235 Pears
Australian citrus package . 415 270 260 Citrus
Australian citrus half
package . . . . . . . . . . 370 230 175 Citrus
Standard citrus package . . 450 290 270 Grapefruit, lemons,
oranges
Queensland citrus package . 445 260 245 Citrus
Citrus wooden package
(wire-bound) . . . . . . . . 445 290 290 Grapefruit, lemons,
oranges
Citrus wooden half package
(wire-bound) . . . . . . . 365 290 175 Citrus
Banana package . . . . . . . 465 325 220 Bananas
Stone fruit package . . . . 350 210 125 Stone fruits
Quarter package . . . . . . 350 260 100 Stone fruits
Pattern pack package . . . . 450 215 180 Stone fruits, tomatoes Pineapple package . . . . . 530 350 240 Pineapples
Tight fill package . . . . . 405 255 180 Tomatoes
------------------------------------------------------------------------------ --
(2) In these Regulations, a reference to a package by a description specified
in column 1 of the table in sub-paragraph (1) shall be taken to be a reference
to a package of the dimensions specified in column 2 of that table opposite that description.
(3) Wooden packages, other than half packages and bulk bins, intended for
export to a destination not in the United Kingdom or the continent of Europe,
shall be bound securely with wire approximately 25 millimetres from each end.
* * * * * * * *
----------
EXPORTS (FRESH FRUIT) REGULATIONS - SCHEDULE 3 SCH
Amended by 1956 No. 20 r. 5; 1956 No. 27; 1957 No. 36; 1959 No. 6 r. 3; 1960 No. 16; 1961 No. 20 rr. 2 and 3; 1961 No. 111 r. 2; 1962 No. 37 rr. 2-4; 1963 No.
15; 1963 No. 140 rr. 4 and 5; 1964 No. 11 r. 1; 1964 No. 28; 1965 No. 22 rr.
7-12; 1966 No. 84 rr. 1-5; 1967 No. 22 rr. 1 and 2; 1968 No. 16 rr. 9-14; 1969
No. 40 rr. 2-7; 1970 No. 33 rr. 2-7; 1971 No. 35 rr. 6-12; 1971 No. 104 rr. 1-6; 1972 No. 36 rr. 3-9; 1973 No. 140 rr. 1-3; 1974 No. 49; 1976 No. 87; 1976 No.
163 rr. 1-6; 1977 No. 22 rr. 1-6; 1979 No. 58 rr. 5 and 6
SCH
SCHEDULE 3
Regulations 8 and 11 ------------------------------------------------------------------------------ -- FIRST COLUMN SECOND COLUMN THIRD COLUMN
Name or
description
of fruit Conditions and Restrictions to be complied
with Trade description
------------------------------------------------------------------------------ -- 1. Apples . 1. (1) Subject to this paragraph, apples
intended for export shall be of the
varieties specified in the following table
and each apple shall conform to the minimum
percentage of colour characteristic of the
variety for whichever grade is applicable
in relation to the apple: 1. The trade
description shall be
placed on one end of
the package, so
placed that it reads
from top to the
bottom of the
package, and shall
set out-
(a) in letters or
figures at least 20
millimetres high the
name of the variety
(or the abbreviation
of the name of the
variety) and the
number of apples
contained in the
package, and whether
the grade of apples
is "Extra Fancy" or "Fancy "; and
(b) in letters or
figures at least 12
millimetres high if
applied to the
package by means of a rubber stamp, and at
least 20 millimetres
high if stencilled on the package, the
details required to
be included in the
trade description by
paragraph (c) of
regulation 12 of
these Regulations.
2. Where the trade
description is
applied to a Standard package by means of a printed label, the
label shall be of
such a size that a
clear space at least
25 millimetres wide
shall be left at the
end of the package
above the label and
the details specified in paragraph 1 of
this item shall be
stencilled or stamped in that space.
3. The details
required by paragraph 1 of this item to
appear in the trade
description shall be
placed in the
following
order-variety, grower identification,
number of apples
contained in the
package.
4. Notwithstanding
the provisions of
paragraph 1, the
trade description
applied to bulk bins
shall set out the
size or size range of the apples packed in
the bin.
--------------------------------------------
Percentage of
colour,
characteristic
of the variety,
Abbreviation
of necessary on
each apple
Variety name of
variety in each grade
----------------
Extra
Fancy Fancy
--------------------------------------------
% %
Cleopatra . . . . CLEO. . . . . . .
Cox's Orange
Pippin . . . . . C.O.P. . . 30 10
Crofton . . . . . CROF. . . 50 25
Delicious . . . . DEL. . . . 50 30
Democrat . . . . DEM. . . . 70 50
Dougherty . . . . DHTY. . . 40 20
Geeveston Fanny . G.F. . . . 50 25
Golden Delicious G. DEL. . . . . .
Granny Smith . . G. S. . . . . . .
Jonathan . . . . JON. . . . 50 25
King Cole . . . . K.C. . . . 70 35
King Pippin . . . K.P. . . . 30 10
Legana . . . . . LEG. . . . 60 30
Red Delicious . . RED DEL. . 95 75
Red Jonathan . . RED JON. . 80 50
Rokewood . . . . ROKE. . . 40 25
Rome Beauty . . . R.B. . . . 30 15
Scarlet . . . . . S.P.M. . . 50 25
Spartan . . . . . SPR. . . . 70 40
Starkrimson . . . SKRIM. . . 95 75
Statesman . . . . STN. . . . 30 10
Sturmer . . . . . S.T.P. . . . . . .
Tasman's Pride . T.P. . . . 50 25
Yates . . . . . . YATES . . 50 25
--------------------------------------------
(1A) Apples shall not be exported unless-
(a) they have been placed in cool storage
as soon as possible after harvesting and
not later than-
(i) in the case of apples of a
variety other than Granny Smith-48 hours
after harvesting; and
(ii) in the case of apples of the
variety Granny Smith-72 hours after
harvesting;
(b) they have been kept in cool storage
at all times since harvesting except when
necessarily removed for inspection,
packaging, transport or treatment;
(c) they have been packaged, transported
or treated in such a manner as will not
unnecessarily shorten the storage life of
the fruit; and
(d) immediately before the fruit is
loaded into the vessel in which it is
intended to be exported-
(i) the skin colour of the fruit or,
where the fruit is blushed, the skin colour
of the unblushed portion of the fruit is a
colour obtained by combining the colours
green and yellow so that the proportion of
green equals or exceeds that of yellow; and
(ii) the core temperature of the fruit
does not exceed 7 degrees Celsius.
* * * * * * * *
SCH
1. Apples-
continued (3) Apples of a variety other than a
variety specified in sub-paragraph (1) of
this paragraph may be exported if the
Secretary has, by instrument in writing
under his hand, consented to the export of
apples of that variety.
(3A) Where the Secretary has consented to
the export of apples of a variety under the
last preceding sub-paragraph, he may
specify the abbreviation of the name of
that variety that may be used as part of
the trade description for the purposes of
this item.
(3B) Apples packed in a Standard apple box
or a tray pack shall not be exported to the
United Kingdom, the Republic of Ireland or
to a destination in the Continent of Europe
other than Sweden, Finland, Norway or
Denmark.
(3C) Apples packed in an Australian apple
box shall not be exported to the United
Kingdom, the Republic of Ireland or the
Continent of Europe.
(4) An apple belonging to a variety
specified in column 1 of the following
table shall not be packed for export to a
destination indicated in the heading to
column 2, 3, 4, 5 or 6 unless its diameter
is within the size range specified in
millimetres opposite that variety under
that heading:
--------------------------------------------
Column 1 Column
2 Column
3 Column
4 Column
5
Column
6
Continent
of
Europe
other
than
Sweden,
Finland,
Sweden,
United Norway Norway Any
other
Variety Kingdom
or
Denmark or
Denmark
Finland
destination
--------------------------------------------
mm mm mm mm mm
Cleopatra . . - 65-70 60-70 60-70 60-75
Cox's Orange
Pippin . . . 55-65 - - - 55-65
Crofton . . . 60-70 65-75 60-70 60-70 55-75
Delicious . . 60-75 60-75 60-75 60-75 60-85
Democrat . . 65-70 65-85 65-75 65-85 60-85
Dougherty . . 65-70 65-75 65-75 65-75 60-65
Geeveston
Fanny . . . . 65-70 65-70 60-70 60-70 60-70
Golden
Delicious . . 65-70 65-75 65-70 65-70 60-85
Granny Smith 60-85 60-85 60-85 60-85 60-85
Jonathan . . 60-70 65-70 65-70 65-70 60-75
King Cole . . 65-70 65-75 65-75 65-75 60-75
King Pippin . - - - - 55-75
Legana . . . 65-70 - - - 60-85
Red Delicious 60-75 60-75 60-75 60-75 60-85
Red Jonathan 60-70 65-70 65-70 65-70 60-75
Rokewood . . 65-70 65-75 65-75 65-75 60-65
Rome Beauty . 65-70 65-75 65-75 65-75 60-75
Scarlet . . . - 65-70 - - 60-70
Spartan . . . 65-75 65-75 65-75 65-75 60-75
Starkrimson . 60-75 60-75 60-75 60-75 60-85
Statesman . . 65-70 65-75 65-75 65-75 60-70
Sturmer . . . 65-70 - - - 60-75
Tasman's
Pride . . . . - 65-70 60-70 60-70 60-70
Yates . . . . 65-70 65-75 65-75 65-75 60-70
--------------------------------------------
(4A) Where, in respect of a particular
destination, a size range is not provided
in the table in sub-paragraph (4) for a
variety of apple, that variety is a
prohibited export to that destination.
(5) Apples packed in a Standard package or
a tray pack shall be packed to a count
within the count range applicable in
relation to the variety and destination of
the apples in accordance with the following
table:
--------------------------------------------
Count range
----------------------
For
export
to
a
destination
other
than
For
export
to the
United
Sweden, For
export
to
Kingdom,
the
Variety Norway
or
Finland
Republic
of
Denmark Ireland
or the
continent
of
Europe
--------------------------------------------
Cleopatra . . . . . . 198-125
198-125
198-113
Cox's Orange Pippin . . . . .
234-163
Crofton . . . . . . . 198-125
198-125
234-113
Delicious . . . . . . 198-113
193-113
198-80
Democrat . . . . . . . 180-113
180-80 198-80
Dougherty . . . . . . 180-113
180-113
198-138
Geeveston Fanny . . . 198-125
198-125
198-125
Golden Delicious . . . 180-125
180-125
198-80
Granny Smith . . . . . 198-80 198-80 198-80
Jonathan . . . . . . . 180-125
180-125
198-113
King Cole . . . . . . 180-113
180-113
198-113
King Pippin . . . . . . . . .
234-113
Legana . . . . . . . . . . . .
198-80
Red Delicious . . . . 198-113
198-113
198-80
Red Jonathan . . . . . 180-125
180-125
198-113
Rokewood . . . . . . . 180-113
180-113
198-138
Rome Beauty . . . . . 180-113
180-113
198-100
Scarlet . . . . . . . . . . .
198-125
Spartan . . . . . . . 180-113
180-113
198-100
Starkrimson . . . . . 198-113
198-113
198-80
Statesman . . . . . . 180-113
180-113
198-125
Sturmer . . . . . . . . . . .
198-100
Tasman's Pride . . . . 180-125
180-125
198-125
Yates . . . . . . . . 180-113
180-113
216-125
--------------------------------------------
(5A) Notwithstanding the provisions of the
last preceding sub-paragraph, apples of the
variety Granny Smith intended for export to
the United States of America or Canada,
when packed in a tray pack, shall be packed
to a count within the count range 150-80.
1. Apples-
continued (6) Apples packed in an Australian dump
package shall be packed to a count within
the count range applicable in relation to
the variety and destination of the apples
in accordance with the following table:
---------------------------------
Count
range
---------
For export
to a
destination
other
than the
United
Variety Kingdom,
the
Republic
of
Ireland or
the
continent
of
Europe
---------------------------------
Cleopatra . . . . . . . 200-108
Cox's Orange Pippin . . 240-158
Crofton . . . . . . . . 240-120
Delicious . . . . . . . 200-83
Democrat . . . . . . . . 193-68
Dougherty . . . . . . . 193-144
Geeveston Fanny . . . . 193-132
Golden Delicious . . . . 200-83
Granny Smith . . . . . . 200-75
Jonathan . . . . . . . . 193-112
King Cole . . . . . . . 200-120
King Pippin . . . . . . 240-120
Legana . . . . . . . . . 200-75
Red Delicious . . . . . 200-83
Red Jonathan . . . . . . 193-112
Rokewood . . . . . . . . 193-144
Rome Beauty . . . . . . 193-108
Scarlet . . . . . . . . 193-132
Spartan . . . . . . . . 200-96
Starkrimson . . . . . . 200-83
Statesman . . . . . . . 193-132
Sturmer . . . . . . . . 200-96
Tasman's Pride . . . . . 200-132
Yates . . . . . . . . . 220-132
---------------------------------
(7) Apples packed in a cell pack shall be
packed to a count within the count range
applicable in relation to the variety and
destination of the apples in accordance
with the following table:
--------------------------------------------
Count Range
------------------------------------
For
export
to
a
destination
For
export
to
on the a
destination
For
export
to
continent
For
export other
than
the
United of
Europe, to
Sweden, For
export the
United
Variety Kingdom
or other
than Norway
or to
Finland
Kingdom,
the
Republic Sweden, Denmark the
Republic
of
Ireland
Finland, of
Ireland
or
Norway
or the
continent
Denmark of
Europe
--------------------------------------------
Cleopatra
. . 160-128 200-128
200-128
200-112
Cox's
Orange
Pippin 225-140 . . . . . . 225-140
Crofton 200-128 160-112 200-128
200-128
225-112
Delicious
200-112 200-112 200-112
200-112
200-80
Democrat 180-128 160-80 180-96 180-80 200-80
Dougherty
180-128 160-112 180-112
180-112
200-140
Geeveston
Fanny 180-140 160-128 200-128
200-128
200-128
Golden
Delicious
180-128 140-96 180-128
180-128
200-80
Granny
Smith 200-80 200-80 200-80 200-80 200-80
Jonathan 180-140 160-128 180-128
180-128
200-112
King
Cole 180-128 160-112 180-112
180-112
200-112
King
Pippin . . . . . . . . 225-112
Legana . 180-128 . . . . . . 200-80
Red
Delicious
200-112 200-112 200-112
200-112
200-80
Red
Jonathan 200-140 160-128 180-128
180-128
200-112
Rokewood 180-128 160-112 180-112
180-112
200-140
Rome
Beauty 180-128 160-112 180-112
180-112
180-96
Scarlet . . 200-128 . . . . 200-128
Spartan 180-112 160-112 180-112
180-112
200-96
Starkrimson
200-112 200-112 200-112
200-112
200-80
Statesman
180-128 160-112 180-112
180-112
200-128
Sturmer 180-128 . . . . . . 200-96
Tasman's
Pride . . 160-128 180-128
180-128
200-128
Yates . 180-128 160-112 180-112
180-112
200-128
--------------------------------------------
1. Apples-
continued (7A) Apples packed in an Australian tray
pack shall be packed to a count within the
count range applicable in relation to the
variety and destination of the apples in
accordance with the following table:
-------------------------------------------
Count Range
------------------------------------
For export to For export
to a a
destination destination
on other than For export
to the
continent of
For export
to the United the United Europe,
other Sweden,
For export
to Kingdom,
the Variety Kingdom or
than Sweden, Norway or Finland Republic
of the
Republic Finland, Denmark Ireland or of Ireland Norway or the
continent Denmark of Europe --------------------------------------------
Cleopatra . . 165-120 195-120 195-120 195-110 Cox's
Orange
Pippin 216-140 . . . . . . 234-165 Crofton . . 195-120 165-110 195-120 195-120 234-110 Delicious 195-110 195-110 195-110 195-110 195-80
Democrat 180-120 165-80 180-100 180-80 195-80
Dougherty 180-120 165-110 180-110 180-110 195-140 Geeveston
Fanny 180-140 165-120 195-120 195-120 195-120 Golden
Delicious 180-120 140-100 180-120 180-120 195-80
Granny
Smith 195-80 195-80 195-80 195-80 195-80
Jonathan 180-140 165-120 180-120 180-120 195-110 King Cole 180-120 165-110 180-110 180-110 195-110 King Pippin . . . . . . . . 234-110 Legana . . 180-120 . . . . . . 195-80
Red
Delicious 195-110 195-100 195-110 195-110 195-80
Red
Jonathan 195-140 165-120 180-120 180-120 195-110 Rokewood 180-120 165-110 180-110 180-110 195-140 Rome Beauty 180-120 165-110 180-110 180-110 195-100 Scarlet . . . . 195-120 . . . . 195-120 Spartan . . 180-110 165-110 180-110 180-110 195-100 Starkrimson 195-110 195-100 195-110 195-110 195-80
Statesman 180-120 165-110 180-110 180-110 195-120 Sturmer . . 180-120 . . . . . . 195-100 Tasman's
Pride . . 165-120 180-120 180-120 195-120 Yates . . . 180-120 165-110 180-110 180-110 210-130 --------------------------------------------
(8) Notwithstanding the provisions of the
last preceding sub-paragraph, apples of the
variety Granny Smith intended for export to
the United States of America or Canada,
when packed in a telescopic cell pack,
shall be packed to a count within the count
range 140-80.
(8A) For the purposes of this item, the
variety Red Delicious consists of the
strains Richared, Starking and such other
strains as are approved by the Secretary.
(8B) Apples of a strain that may be
exported as Red Delicious may be exported
under the name Red Delicious or under the
name of that strain and, when exported
under the name of the strain, the
provisions of this item relating to apples
of the variety Red Delicious apply to and
in relation to the exportation of the
apples as if they were exported as Red
Delicious apples.
(8C) Apples of the variety Red Delicious
shall not be exported unless the apples in
each package are of the same strain.
(9) For the purposes of this paragraph-
"colour characteristic of the variety "
means-
(a) in the case of apples of the
Granny Smith variety-the normal green, or
green and flushed, colouration of that
variety;
(b) in the case of apples of the Red
Jonathan variety-the normal full blush of
that variety; and
(c) in the case of apples of any other
variety-the normal pink or red colouration
of apples of the particular variety;
"count ", in relation to apples in a
package, means the number of apples in the
package;
"count range ", in relation to a count of
apples, means the range of numbers of
apples within which the count is required
to fall.
2. The mass of fruit in a standard package
or an Australian dump package shall be not
less than 18 kilograms in the case of
Jonathan, Geeveston Fanny, King Cole and
King Pippin varieties and not less than 19
kilograms in the case of other varieties.
3. (1) Apples shall not be described as
"Extra Fancy" unless-
(a) the apples are sound, clean,
well-formed, mature and capable of normal
ripening , of one size and one variety and
have no broken skins; and
(b) if the apples are blemished-
(i) the blemishes are only slight;
(ii) the number of blemished apples in
a package does not exceed 10 per cent of
the number of apples in that package; and
(iii) the total area covered by
blemishes on an affected apple does not
exceed the area contained in a circle
having a diameter of 6 millimetres.
(2) For the purposes of this paragraph,
smooth russeting on apples of varieties
other than Granny Smith, Golden Delicious
and Cleopatra shall not be considered a
blemish if-
(a) in the case of apples of the Sturmer
variety, not more than thirty per centum;
or
(b) in the case of apples of varieties
other than the Sturmer variety, not more
than ten per centum,
of the surface of the apples is affected.
1. Apples-
continued 4. (1) Apples shall not be described as
"Fancy" unless-
(a) the apples are sound, clean, fairly
well-formed, mature and capable of normal
ripening, of one size and one variety and
have no broken skins; and
(b) if the apples are blemished-
(i) the blemishes are only slight;
(ii) the number of blemished apples in
a package does not exceed ten per centum of
the number of apples in that package; and
(iii) the total area covered by
blemishes on an affected apple does not
exceed the area contained in a circle
having a diameter of 6 millimetres.
(2) For the purposes of this paragraph,
smooth and not unsightly russeting shall
not be considered a blemish if-
(a) in the case of an apple of the
Sturmer variety, not more than thirty per
centum;
(aa) in the case of an apple of the
Spartan variety, not more than 15 per cent;
(b) in the case of an apple of the
Cleopatra, Golden Delicious or Granny Smith
varieties, not more than ten per centum; or
(c) in the case of an apple of any other
variety, not more than twenty-five per
centum,
of the surface of the apple is affected.
(3) In addition to russet referred to in
the last preceding sub-paragraph, cracked
stem-end russet that-
(a) has healed or callussed;
(b) does not affect the keeping quality
of the apples; and
(c) does not extend on to the cheeks of
the apple,
is permitted on the Cox's Orange Pippin
variety.
* * * * * * * *
6. * * * * * * * *
SCH
1. Apples-
continued (1A) Apples intended for export to the
United States of America or Canada shall be
packed in-
(a) a telescopic cell pack; or
(b) a tray pack.
(1B) Apples of the Delicious, Red
Delicious or Starkrimson varieties,
intended for export to a port in Asia,
other than a port that is situated on the
Mediterranean Sea or the Red Sea, shall be
packed in-
(a) a telescopic cell pack; or
(b) a tray pack,
being a carton constructed as approved by
the Secretary.
(1C) Where apples, not being apples of a
variety specified in the last preceding
sub-paragraph, are intended for export to a
port in Asia, other than a port that is
situated on the Mediterranean Sea or the
Red Sea, are packed in a package and are to
of America or Canada packed in a fibreboard
package shall, when stowed in a vessel
otherwise than in a container system unit,
be stowed in such manner that the two ends
or at least one long face of each package
is freely exposed to the cooling air.
(3) Plums intended for export to the
United Kingdom, the Republic of Ireland,
the continent of Europe, the United States
of America or Canada packed in a fibreboard
package shall, when stowed in a container
system unit in a vessel, be stowed in such
manner that at least one end of each
package is freely exposed to the cooling
air in the container system unit.
5. At the top, bottom and sides of each
wooden package the plums shall be protected
by packing material of corrugated
strawboard, wood-wool or other suitable
material, and of a quality approved by the
Secretary.
11.
Tomatoes . . 1. (1) The tomatoes shall be sound, firm,
clean, evenly matured but not overripe and
well-formed for the variety.
(2) Tomatoes affected with superficial
blemishes may be exported provided-
(a) the blemishes do not affect the
soundness of the tomato;
(b) the total number of blemished
tomatoes in a package does not exceed 10
per cent of the total number of tomatoes;
and
(c) the total area covered by blemishes
on an affected tomato does not exceed the
area contained in a circle having a
diameter of-
(i) 5 millimetres in tomatoes 45 to
80 millimetres in size; or
(ii) 10 millimetres in tomatoes 90
millimetres in size.
(3) For the purposes of this paragraph-
"blemish" means any injury or defect,
including any caused by disease or pest,
which affects the appearance of the tomato;
"firm" means not soft, shrivelled or
watersoaked;
"mature" means that the tomato has
reached its maximum growth and the stage at
which-
(a) its skin has changed from a dull
green to a bright green colour; and
(b) the contents of the seed cavity
have changed from a light green colour to a
deep amber or a deep amber tinged with
pink.
2. For voyages of less than 7 days
duration the Secretary may permit the
export of riper tomatoes.
3. The tomatoes shall be not less than 45
millimetres in size.
4. The tomatoes in any one pack shall be
similar in shape and general appearance,
and shall be of one size.
5. For the purposes of this item, the size
of a tomato shall be deemed to be-
"45 millimetres" where the tomato is 45
millimetres or more, but less than 50
millimetres, in diameter;
"50 millimetres" where the tomato is 50
millimetres or more, but less than 60
millimetres, in diameter;
"60 millimetres" where the tomato is 60
millimetres or more, but less than 70
millimetres, in diameter;
"70 millimetres" where the tomato is 70
millimetres or more, but less than 80
millimetres, in diameter;
"80 millimetres" where the tomato is 80
millimetres or more, but less than 90
millimetres, in diameter;
"90 millimetres" where the tomato is 90
millimetres or more in diameter.
6. Tomatoes shall be packed in a package
in accordance with paragraph 3 of the
Second Schedule.
7. Where tomatoes are packed by the method
known as "volume fill" the minimum net
mass shall be 10 kilograms.
------- 1. The trade
description shall be
placed on one end of
each package, and
shall be in letters
at least 12
millimetres high if
printed on the
package or applied by means of printed
paper labels, and at
least 20 millimetres
high if stencilled on the package.
2. The trade
description shall
include-
(a) the word
"Tomatoes ";
(b) the description "Grade 1 ";
(c) the grower's or packer's name or
registered brand;
(d) the name of the State or Territory in which the tomatoes
were produced;
(e) the size of the tomatoes contained in the package, except
that in the case of
tomatoes packed by
the method known as
"volume fill ", a
term in accordance
with paragraph 3 may
be used instead of
the size; and
(f) the minimum net mass when tomatoes
are packed by the
method known as
"volume fill ".
3. Where tomatoes
are packed by the
method known as
"volume fill ",
their size may be
stated as follows:
"Small" where the
tomatoes are 45 to 50 millimetres in size;
"Medium" where the tomatoes are 60 to 70 millimetres in size;
"Large" where the
tomatoes are 80 to 90 millimetres in size.
EXPORTS (FRESH FRUIT) REGULATIONS - SCHEDULE 4 Amended by 1956 No. 20 rr. 6 and 7; 1959 No. 6 r. 4; 1964 No. 11 r. 2; 1965 No. 22 rr. 13 and 14; 1968 No. 16 r. 15; 1979 No. 58 r. 7
SCH
SCHEDULE 4
FORM 1 Regulation 9
COMMONWEALTH OF AUSTRALIA
Exports (Fresh Fruit) Regulations
APPLICATION FOR REGISTRATION OF EXPORT ESTABLISHMENT
The Secretary,
Department of Primary Industry,
Canberra.
I
of
hereby apply, in pursuance of the Exports (Fresh Fruit) Regulations, for the
registration
of the situated at in the State ofas an export establishment bananas
for the receipt, processing, packing and storage of citrus fruits intended for
export, and I
pineapples
declare-
(a) that I am the owner
occupier of the said premises; and
(b) that the said premises are constructed, equipped and operated in an
efficient and hygienic manner.
Dated this day of , 19 .
(Signature of applicant.)
----------
FORM 1A Regulation 9A
COMMONWEALTH OF AUSTRALIA
Exports (Fresh Fruit) Regulations
APPLICATION FOR REGISTRATION OF A FUMIGATION CHAMBER
The Secretary,
Department of Primary Industry,
Canberra, A.C.T. 2600.
I, , of hereby apply, in pursuance of the Exports (Fresh Fruit) Regulations, for the registration of a
chamber situated
at in the State of as a fumigation
chamber for the fumigation of the fresh fruit intended for export specified in
the first column of the following table with the fumigant/fumigants* specified
in the second column of that table opposite to that fruit in the first column. I enclose detailed specifications showing the type of construction of the chamber, its capacity, the plant and equipment to be used in connexion with its operation and the manner in which and the means by which fumigation is or will be carried
out in the chamber.
*Strike out whichever is inapplicable
------------------------------------------------------------------------------ --
First column Second column
Fruit Fumigant
------------------------------------------------------------------------------ -- ------------------------------------------------------------------------------ --
Dated this day of , 19 . (Signature of applicant.)
-----------
FORM 2 Regulation 9
COMMONWEALTH OF AUSTRALIA
Exports (Fresh Fruit) Regulations
CERTIFICATE OF REGISTRATION OF EXPORT ESTABLISHMENT
I hereby certify that, in pursuance of the Exports (Fresh Fruit) Regulations,
the premises
situated at in the State of and owned
occupied by have been registered as an Export Establishment bananas
in respect of citrus fruits intended for export.
pineapples
Dated this day of , 19 .Secretary.
Department of Primary Industry.
----------
FORM 2A Regulation 9A
COMMONWEALTH OF AUSTRALIA
Exports (Fresh Fruit) Regulations
CERTIFICATE OF REGISTRATION OF A FUMIGATION CHAMBER
Registration No.
I HEREBY CERTIFY that, in pursuance of the Exports (Fresh Fruit) Regulations,
the chamber situated at in the State of , owned or occupied
by , and used as a fumigation chamber has been registered as a
fumigation chamber in respect of the fresh fruit intended for export specified
in the first column of the following table and the fumigant/fumigants specified, in relation to the fruit in the first column, in the second column of that
table.
------------------------------------------------------------------------------ --
First column Second column
Fruit Fumigant/Fumigants
------------------------------------------------------------------------------ -- ------------------------------------------------------------------------------ --
Dated this day of , 19 .Secretary.
Department of Primary Industry.
----------
FORM 3 Regulation 19
COMMONWEALTH OF AUSTRALIA
Exports (Fresh Fruit) Regulations
NOTICE OF INTENTION TO EXPORT
, 19 .
To the Department of Primary Industry,
Port of
I hereby give notice that approximately packages of
will be shipped by me per and will be available for inspection at on .
Signature of Exporter.
-----------
FORM 4 Regulation 19 COMMONWEALTH OF AUSTRALIA
Exports (Fresh Fruit) Regulations
NOTICE OF SUBMISSION OF FRESH FRUIT FOR EXAMINATION
To the Department of Primary Industry,
I
of
hereby submit herewith for the purpose of being examined by an officer the fresh fruit specified
in the statement hereunder.
attached.
The fruit may be inspected at
* Strike out words in italics, if not applicable.
I hereby declare-
(a) that I am the duly authorized agent of* the owner of the fruit;
(b) that the conditions and restrictions applicable in respect of the fruit
under the Exports (Fresh Fruit) Regulations have been complied with;
(c) that the fruit is marked in the prescribed manner with the prescribed
trade description;
(d) that the fruit in its present state has not been previously examined and
rejected by an officer.
------------------------------------------------------------------------------ --
Packages
----------------------------------- Grower's Name Kind and Variety Size or Count
and Address of Fruit Grade ----------------------------
Total ------------------------------------------------------------------------------ -- No. No. No. No. No.------------------------------------------------------------------------------ --
Export ship
Date of sailing
Country of destination of fruit
Dated this day of , 19 .
(Signature of Agent or Owner.)
CERTIFICATE OF INSPECTING OFFICER
I hereby certify that, with the exception of-
(a) the fruit referred to in the above statement is marked in the prescribed
manner with the prescribed trade descriptions; and
(b) I am satisfied that the conditions and restrictions applicable to the
fruit under the Exports (Fresh Fruit) Regulations have been complied with.
(Signature of Inspecting Officer.)
/ /19 .-----------
FORM 5 Regulation 19
COMMONWEALTH OF AUSTRALIA
Exports (Fresh Fruit) Regulations
STATEMENT OF FRESH FRUIT SHIPPED
, 19 .
To the Department of Primary Industry,
Port of
I hereby declare that fresh fruit as specified hereunder was shipped by me per which sailed from this port / / , and that I received an export permit in respect thereof in accordance with the provisions
of the Exports (Fresh Fruit) Regulations-
------------------------------------------------------------------------------ --
Kind and
Variety of Fruit Grade of Fruit Brands No. of Packages Size of
Packages Destination ------------------------------------------------------------------------------ -- ------------------------------------------------------------------------------ --
Signature of Exporter.
(Witness to Signature of Exporter)
----------
FORM 6 Regulation 21
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 ------------------------------------------------------------------------------ -- ------------------------------------------------------------------------------ --
(Signature of Officer.) Shipped the above goods.
Officer of Customs.
Date , 19 .
----------
FORM 7 Regulation 21
Certificate No.
COMMONWEALTH OF AUSTRALIA
Exports (Fresh Fruit) Regulations
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.
* This paragraph is applicable to citrus fruits only.
* The fruit comprising this shipment was grown in and it is certified that that State is free from citrus canker.
Vessel.
Date of Shipment.
------------------------------------------------------------------------------ --
Kind and Number
Variety of Fruit Grade of Fruit Brands of Packages Size of
Packages Destination ------------------------------------------------------------------------------ -- ------------------------------------------------------------------------------ --
Dated at in the State of the
day of , 19 .
(Signature of Officer.)
------------------------------------------------------------------------------ --
0
0
0