Fruit and Vegetables Act of 1927 (18 Geo v No. 3) (Qld)

11840 AGRICULTeRE. Fr1lit and Vegetables Act. ]8 GEO. V. No 3, AERIAL ROPEWAYS. See MINING. AGREEMENT, COMMONWEALTH AND STATES FINANCIAL. See CONSTITUTION. AGREEMENT, COMMONWEALTH AND STATE. See WIRE AND WIRE-NETTING. AGRICULTURAL TOWNSHIP PORTIONS. See LANP, CROWN. AGRICULTURE. 18 Geo. V. No. 3. THE FRUIT AND VEGETABLES ACT OF 1927. An Act to Consolidate and Amend the Law regarding the Sale of Fruit and Vegetables, the Regulation of the Size and Description of Cases and Packages used in the Sale thereof, and for other purposes. [ASSENTED TO 5TH N OVEMimR, 1927.] B) E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title and ~ ommence Inent <If Act 1. This Act may be cited as "The Fruit and Vegetables Act of 1927." This Act shall come into operation on a day to be fixed by the Governor in Council by Proclamation published in the Gazette, which date is hereinafter referred to as the commencement of this Act. l'tepealof " 1. he Z"ruit Ca8es Acts, 1912 to 1922." 2. *" The F1'uit Ca'3es Acts, 1912 to 1916," and t" The Fruit Cases Acts Amendment Act· of 1922" are repealed. The said Acts are herein referred to as the repealed Acts: * 3 Geo. V. No. 26, and 7 Geo. V. No. 5, supra, page 7729. t 11 Geo. V.No. 11, 8upra, page 9931. • •

AGRICULTURE. 11841 1927. FT/lit and 11 egetabLes Act. Provided that without limiting the operation of *" The Acts Shortening Acts "- (a) All notifications made and published, all appointments made, all regulations and forms made and promulgated, and all things done or purporting to be done under the said repealed Acts, and generally all acts of authority originated under the said repealed Acts and in force or subsisting at the commencement of this Act, shall continue in full force and effect and shall so far as is consistent with this Act be deemed to have been made, published, promulgated, done, and originated under and for the purposes of this Act; (b) All matters and proceedings commenced under the said repealed Acts and pending or in progress at the commencement of this Act may be continued, completed, and enforced under this Act. 3. In this Act, unless the context otherwise indicates, Tnterpreta. the following terms have the meanings respectively tion. assigned to them, namely:- "Case"-Any box, case, or receptacle used or Case. capable of being used or intended to be used for containing fruit or vegetables; "Disease"-Any disease which the Governor in Disease. Council, by notification published in the Gazette, declares to be a disease w~ithin the meaning of this Act, and whether or not caused by or consisting of the presence of insect or fungus; "Foreign substance" means any earthy matter, Foreign stones, sand, or gravel, or any substance substance. declared by the Governor in Council, by notification in the Gazette, to be a foreign substance within the meaning of this Act; " Fruit"-Apples, apricots, bananas, cherries, Fruit. currants, custard apples, figs, gooseberries, cape gooseberries, grapes, gTape fruit, loquats, lemons, mangoes, nectarines, oranges, passion- fruit, peaches,pears, persimmons, pineapples, plums, quinces, or tomatoes, or any fruit * 31 Vie. No. 6, supra, page 15.

11842 Grade. Inspeotor. Minister. Package. Packer. Pe~ son. Prescril:;ed. Regulatbns. Sell; sale sold. Sound. AGRICULTURE. Fruit and Vegetables Act. 18 GEO. V. No 3, declared by the Governor in Council, by notification in the Gazette, to be fruit within the meaning of this Act ; "Grade" shall have relation (when so required) to colour, maturity, variety, number, size, soundness, and packing, or as may be pre- scribed; and "Graded" and "Grading" have correlative meanings; "Inspector" means any inspector appointed under *" The Disea8e8 in Plants Acts, 1916 to 1924," or any person authorised by the Minister either generally or specifically; "Minister"-.-The Secretary for Agriculture or other Minister of the Crown for the time being charged with the administration of this Act; " Package"-Any receptacle containing fruit or vegetables for sale; " Packer" means a producer of fruit or vegetables who packs the same for sale or causes the s[une to be packed for sale; and the owner, or, where the owner is not in Queensland, the manager in Queensland, of any business in the course of which fruit or vegetables is or are packed for sale; "Person" includes any partnership or firm and any body of persons corporate or unincorporate; "Prescribed"-'Prescribed by this Act; " Regulations"-Regulations made under the authority of this Act; " Sell" includes barter and offering or attempting to se11, or exposing for sale, or receiving for sale, or sending, forwarding, or delivering for sale; and the words" sale," "sold," and other derivatives have correlative meanings; "Sound" means free from damage or decay and from any abnormal condition of or in fruit or vegetables, whether or not consisting of the presence of or caused by or due to the operations, development, growth, or decay of any insect or fungus; * 7 Geo. V. No. 8 IInd 15 Geo. V. No. 5, supra, pages 7397 and lO891.

AGRICl'LTURE. 11843J:. 1927. Fruit and Veg.etables Act. " This Act "-This Act and all Proclamations, This Act. notifications, and regulations made thereunder; "Vegetables"-Potatoes, onions, green peas, green Vegetables. beans, turnips, and any other vegetables declared by the Governor in Council, by notification in the Gazette, to be vegetables for the purposes of this Act. 4. Save as herein provided, the restrictions con- Non-applica· tained in this Act shall not apply to the sale of fruit- tion, (a) In a tray, basket, cask, or bucket of any shape or size whatsoever; or (b) In a crate within which there are trays for such fruit. But every package referred to in paragraphs (a) and (b) of this section shall have the weight or number of its contents legibly marked on such package. 5. No fruit shall be sold in a case in Queensland Size of cases €xcept in a case of the prescribed size, measurement, and ffor. ~ale of • fmlr. capaCIty. . 6. No fruit shall be packed in a case in Queensland Cases to be unless such case shall have been at the time of packing clean. €ither new or clean and free from any insect or fungus disease. Any person who contravenes this section shall be liable to a penalty not exceeding five pounds for a first offence, and not exceeding ten pounds for every subsequent offence. 7. No person shall sell fruit in a case in Queensland Case t~ show unless or until such case has been legibly and durably ~ :: ~ ra~ :1 impressed, printed, or marked at one end on the outside a.ddress. of such case, within a space measuring not less than five inches long and two inches wide, or within an oval not less in greatest length than three inches long and in greatest width than one and a-half inches wide, with the name and address of the packer of the case. 8. (1.) No person shall se11- Sale in lot3 (a) The whole or any part of any lot 0 f f ruit or or packa.ges. vegetables; or (b) Any fruit or vegetables contained in a package or comprised in any lot; unless such fruit or vegetables are sound and shall be so packed, stacked, or arranged that the external layers on

11844 AGRICULTl'RE. Fruit and Yegetables Act. 18 GEO. V. No 3, the top, bottom, and sides of the fruit or vegetables shall be uniform in respective grades and conditions and shall be a true indication of- (i.) The average grade throughout of the whole of the fruit or vegetables contained in such package or comprised in such lot; (ii.) The manner in which the whole of the fruit or vegetables contained in such package or comprised in such lot are packed, arranged, or stacked; and (iii.) The presence of any foreign substance con- tained in such package or comprised in such lot. (2.) No person shall sell any fruit or vegetables contained in any package which also contains any foreign substance in a greater proportion than is indicated by the outer layer or shown surface of such fruit or vegetables. (3.) No person shall- (a) Pack any fruit or vegetables intended for sale unless such fruit or vegetables is or are graded as prescribed by regulation; or (b) Sell any fruit or vegetables in a package if such fruit or vegetables is not or are not graded as prescribed by regulation; or (c) Sell the whole or any part of any lot of fruit or vegetables unless such lot of fruit or vegetables is stacked as prescribed by regu- lation; or (d) Sell any lot of fruit or vegetables if such fruit or vegetables is not or are not graded as prescribed by regulation; or (e) Sell the whole or any part of such lot of fruit' unless such fruit comply with the maturity standards prescribed by the regulations; or (f) Whether by himself or by an agent or servant, or on behalf of another person, mark any package containing fruit or vegetables for sale, or mark any ticket, slip, or label contained in any such package, or mark any ticket placed on any lot of fruit or vegetables

AGRICULTURE. 11845 1927. Prttit and Veg.etables Act. for sale with any description, information, statement, words, or marks, or any sugges- tions, direct or indirect, where they are likely to mislead in a material respect as to- (i.) The colour, kind, number, size, soundness, variety, or weight of the fruit or vegetables, and the capacity, dimensions, or measure- ments of packages; (ii.) The place or locality in or at which the fruit or vegetables were grown, produced, or packed, or where the packages were made; (iii.) The name and address of the grower or producer of the fruit or vegetables, or the person by whom they were selected, packed, or in ~ ny way prepared for market. (4.) Any case or any package or lot of fruit or vegetables packed or offered for sale in contravention of this section may forthwith be seized by or on the order o~ the Minister or any inspector and shall be dealt with as the Minister or inspector may direct. (5.) Any person who is guilty of a contravention of this section shall be liable to a penalty not exceeding five pounds for a first offence and not less than two pounds nor more than twenty pounds for every subsequent offence; 9. Any person who- Penalty. (a) Sells fruit or ~ egetables in a case or package in respect of which this Act is not complied with; or (b) Resists or wilfully obstructs any inspector or any member of. the police force in carrying out this Act; or (c) Refuses to give information or knowingly gives false information in answer to any reasonable inquiry made by any such inspector or any member of the police force for the purposes of this Act; shall be liable to a penalty not exceeding five pounds for a first offence, and not less than two pounds nor exceeding :6fty pounds for every subsequent offence. .

11846 AGRICULTURE. Fruit and l' egetables Act. 18 GEO. V. No 3, .Altering or i;ampering with cases · ~r brands. 10. Any person who- (a) Alters the size of or tampers with any case bearing the packer's name and address; or (b) Wilfully defaces or alters or tampers with the packer's name and address on any case; or (C) Sells fruit or vegetables in an unclean case or paekage or in a case or package infected with either insect or fungus disease; shall be liable to a penalty not exceeding twenty pounds or to be imprisoned for any period not exceeding six months. -General penalty. 11. Any person who is guilty of a contravention of this Act for which no specific penalty is in this Act provided shall be liable to a penalty not exceeding twenty pounds. .Recovery of 12. (1.) Proceedings for offences against this Act penalties. may be had and taken in a summary way by complaint under *" The JU8tice8Act8, 1886to1924." Enforcement (2.) Such proceedings may be had and taken against '? In f sApeccttborys, any offender- .&c. (a) By any inspector; or (b) By any member of the police force. Evidence. (3.) In any such proceedings- (a) It shall not be necessary to prove the appointment of any inspector or officer of police under this Act or the authority of any inspector or officer to do any act or to give any direction or take any proceeding; and (b) It shall lie on the defendant to prove that in respect of any case or package this Act has been complied with. Power of -entry. 13. For the purpose of ascertaining whether this Act is being complied with, any inspector or any member of the police force may at any time board any vessel or enter any market, shop, store, warehouse, factory, stall, yard, shed, vehicle, stand, premises, or place whatever. iRegulations. 14. The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be * 50 Vic. No. 17 and amending Acts, supra, pages 1132 ~ t seq. and 11030.

AGRICULTURE. 11847 1927. Fruit and Yeg.ctablcs Act. convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act, and where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. ·Without limiting the generality of the foregoing provisions, such regulations may provide for- (i.) The classification, grading, packing, marking, Grad~ n6' stacking. arranging, and marketing of fruit packing, &1'. and vegetables for sale; the prescribing of standards, methods, and such other things, matters, provisions, and conditions as may be prescribed; the proportion (when permitted) of any foreign substance in respect of any case or package; and as to grading, whether grading shall be according to number, variety, kind, size, soundness, colour, weight, maturity, or all or any of them or otherwise as may be prescribed; (ii. ) The description, kind, capacity, materials, dimensions, measurements, and condition (including the regulation or prohibition of the use of second-hand cases or packages) of cases or packages for fruit or vegetables for sale, and standards in respect of capacity, dimen- sions, and measurements of cases of packages containing fruit or vegetables for sale; the marking to be placed on the inside or outside (or both) of cases or packages containing fruit or vegetables for sale, and prohibiting the use of marks other than those prescribed; the marking and placing of tickets, slips, or labels on fruit or vegetables for sale; (iii.) The exemption in whole or part from such Exemptiollil. regulations in respect of any fruit or vegetables, or such exemption on such pro- visions and conditions as may be prescribed; (iv.) The p01vers and duties of inspectors; Inspectors. (v.) The forms to be used in respect of this Act; Forms (vi.) Providing for any matter in respect of which Exercise this Act permits'regulations to be made ; ~ ~ a~ ; ~ t.

]1848 AGRICl'LTURE. Penalties. Generally. Fruit and Vegetables Act. 18 GEO. V. No. 3,1927. ---- - - - - ~ - - - - - - (vii.) Imposing a penalty not exceeding ten pounds for any breach of such regulations, and for an increase of penalty (including the imposition of a minimum penalty as prescribed, but not exceeding, in the case of a maximum penalty, a penalty of twenty pounds) for a second or subsequent breach thereof; (viii.) Generally for carrying this Act into effect. All such regulations shall, upon being published in the Gazette, be of the same effect as if they were enacted in this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. All such regulations shall be laid before Parliament within fourteen days after the publication thereof if Parliament is then sitting, or if not, then within fourteen days after the commencement of the next session thereof. , If the Legisl~ tive Assembly passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purpose of this section, the term "sitting days" shall mean days on which the House actually sits for the despatch of business. APPRENTICESHIP. See LABOUR. APPROPRIATION ACTS. See CONSTITUTION. AUSTRALIAN LOAN COUNCIL. See CONSTITUTION. AWARDS AND JUDGMENTS, RECIPROCAL ENFORCEMENT. See PRAOTICE.