Margarine Act Amendment Act 1975 (Qld)

337 Q11relis iiut4 ANNO VICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 22 of 1975 An Act to amend the Margarine Act 1958-1974 in certain particulars [ASSENTED To 15TH MAY, 1975) BE IT ENACTED by the Queen's Most Excellent Majesty. by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same , as follows:- l. Short title and citation . (I) This Act may be cited as the Margarine Act Amendment Act 1975. (2) The Margarine Act 1958-1974 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may he cited as the Marcarine Act 1958- 1975.

338 VfarQarine A c! Amendment Ace i9 "^. Yo. 2_2 2. Commencement of Act. This Act shall commence on a date fixed by Proclamation. 3. Amendment of s. 3. Section 3 of the Principal Act is amended by- (a) omitting the definition " Cooking margarine " and substituting the following definition:- " " Cooking margarine "-Margarine that contains fat from edible tallow in a quantity of not less than 72 per centuin of he total weight of that margarine: "; (b) inserting after the definition " Cooking margarine license the following definition:- Edible tallow "-Tailow that is derived from the rendering of or causing or suffering to be rendered any part of the carcass of stock into tallow in accordance with the regulations mane under the Meat Industry Act1965-1973;". 4. New s. 8A. The Principal Act is amended by inserting after section 8 the following section:- 8A. Persons other than licensees to register marks. l 1) A person who sells by wholesale in the State margarine that is manufactured outside the State shall mark all margarine prior to such sale with a mark registered by the Minister as prescribed by this section. (2) Applications for the registration of a mark shall be made to the Under Secretary and shall contain the prescribed information and particulars. (3) The Minister may register or refuse to register any :nark in accordance with the application therefor. (4) A person who sells by wholesale in the State table margarine and cooking margarine that are manufactured outside the State shall register different marks for each such class of margarine and the Minister shall not register any mark that is identical with, or that so nearly resembles as to be capable of deceiving, any other mark registered under this Act. (5) A person who yells by wholesale in the State margarine that is manufactured outside the State shall not mark that margarine with any mark other than the mark registered by him under this Act in respect"of that margarine.". 5. Amendment of s. 9. Section 9 of the Principal Act is amended by, in subsection (1), omitting the expression " 5 333 tonnes " and substituting the words " determined by the Governor in Council by Order in Council ". 6. Repeal of and new s. 12. The Principal Act is amended by repealing section 12 and substituting the following section:- " It Packaging and labelling of table margarine. (1) No person shall sell (otherwise than for export beyond the Commonwealth of Australia) table margarine unless that margarine- (a) is made up in lumps of 8 ounces or 250 grammes, 12 ounces or 375 grammes or 1 pound or 500 grammes;

Margarine Act Amendment Act 1975, No. 22 339 (b) is packed in a package' on which is marked- (i) in the case of table margarine- (A) that is not polyunsaturated, the words "TABLE MARGARINE "; (B) that is polyunsaturated, " POLYUNSATURATED MARGARINE "; the words TABLE (ii) the words " CONTAINS ANTIOXIDANT (iii) the expression " CONTAINS LESS THAN 5mg OF CHOLESTEROL PER 100g " or the expression " CONTAINS A MAXIMUM OF ( insert amount) CHOLESTEROL PER 10Og "; (iv) the name, address and registered mark of the manufacturer of the margarine; (v) the net weight of the margarine contained in the package. (2) A package containing table margarine may be marked also with- (a) the expression- (i) " VEGETABLE OILS ( insert percentage ) OF TOTAL OIL CONTENT "; (ii) " CONTAINS VITAMIN A ( insert quantity) MICROGRAMS PER GRAM AND VITAMIN D (insert quantity ) MICROGRAMS PER GRAM-; (iii) "EACH 30g OF THIS FOOD CONTAINS (insert quantity ) I.U. OF VITAMIN A AND ( insert quantity) I.U. VITAMIN D WHICH ARE ( insert percentage) AND (insert percentage ) RESPECTIVELY OF THE AVERAGE DAILY ALLOWANCE "; or (iv) CONTAINS-LESS THAN 5mg OF CHOLESTEROL PER 10Og ; VITAMIN A ( insert quantity ) MICROGRAMS PER GRAM AND VITAMIN D ( insert quantity ) MICROGRAMS PER GRAM AND ANTIOXIDANT ". (b) in the case of polyunsaturated table margarine, a statement relating to the fatty acid content of the margarine which statement shall be- " SATURATED FATTY ACID-( insert percentage of saturated fatty acids present on a total fatty acid basis ) " followed by the expression " POLYUNSATURATED FATTY ACID -(insert percentage of cis-methylene interrupted polyunsaturated fatty acid present on a total fatty acid basis) "; (c) the registered export number of the manufacturer of the margarine; (d) the date of manufacture of the margarine or the code mark of the manufacturer indicating that date. (3) (a) The printing on the main display portion or lid of a package containing table margarine ( save the particulars permitted by subsection (2) (c) and (d)) shall be in a colour of a distinct contrast to the colour of its background. (b) Subject to paragraph (a), the words " TABLE MARGARINE " or, as the case may be, " POLYUNSATURATED TABLE MARGARINE " shall be in print of the one colour.

340 Margarine Act Amendment Act 1975, No. 22 (4) (a) The words, figures or marks required or permitted by this section to be marked on a package containing table margarine shall be marked or (in the case of words, figures or marks permitted by subsection ( d)) embossed in bold-faced sanserif capital letters of the appropriate printed image height prescribed by the regulations. (b) The words "TABLE MARGARIN E " or, as the case may be , " POLYUNSATURATED TABLE MARGARINE" required by this section to be marked on a package containing table margarine shall be marked on the main display portion or lid thereof. (c) All other words, figures or marks required or permitted by this section to be marked on a package containing table margarine shall be marked on the main display portion or lid thereof. (d) The words "TABLE MARGARINE" or, as the case may be , " POLYUNSATURATED TABLE MARGARINE" and any other words , figures or marks required or permitted by this section to be marked on a package containing table margarine may also be marked or embossed- (i) where the sides of the package are perpendicular to its base or are substantially so, on at least two opposite faces thereof; or (ii) in any other case , at the extremities of any horizontal of the package that is parallel to the base of the package. Where any words, figures or mar^s are marked or embossed in the manner specified in this paragraph the words, figures or marks shall contain the words " TABLE MARGARINE " or, as the case may be. " POLYUNSATURATED TABLE MARGARINE ". (5) No person shall sell ( otherwise than for export beyond the Commonwealth of Australia ) table margarine packed in a package on which is marked or embossed any word , figure or mark save a word , figure or mark that is required or permitted by this section to be marked or embossed on that package. (6) A person who contravenes or fails to comply with any provision of this section is guilty of an offence. Penalty : First offence-S500; second or subsequent offence- minimum $300 ; maximum $1 000.". 7. Amendment of s. 13. Section 13 of the Principal Act is amended by- (a) in subsection (1), (i) in paragraph (a), omitting the expression " 4 ounces or 125 grammes,": (ii) omitting paragraph (b) and substituting the following paragraph:- (b) is packed in a package on which is marked- (i) the words "COOKING MARGARINE " followed by the words "CONTAINS NOT LESS THAN" and then by the expression "'72%.FAT FROM EDIBLE TALLOW "; (ii) the words " CONTAINS ANTIOXIDANT

Margarine Act Amendment Act 1975, No. 22 341 (iii) the name , address and registered mark of the manufacturer of the margarine; (iv) the net weight of the margarine contained in the package.", (b) in subsection (2), adding at the end of the subsection, the following paragraph: ff , (c) a pictorial design approved by the Minister that depicts suggestions as to the manner in which the margarine. may be served, provided that the design is immediately preceded by or followed by or otherwise closely accompanied by the word " RECIPE " or the words " SERVING SUGGESTIONS ": (c) in subsection (3)- (i) in paragraph (a), omitting the expression " (2) " and substituting the expression " (2) (a) and (b) "; (ii) omitting paragraph (b) thereof and substituting the following paragraph:- " (b) Subject to paragraph (a) the words " COOKING MARGARINE " shall be in black print on white background and the expression " CONTAINS NOT LESS THAN 72% FAT FROM EDIBLE TALLOW " shall be in print of the one colour."; (d) in subsection (4)- (i) omitting paragraph (a) thereof and substituting the following paragraph:- " (a) The words, figures or marks required or permitted by this section to be marked on a package containing cooking margarine shall be printed in bold-faced sanserif capital letters of the appropriate printed image height prescribed by the regulations.": (ii) omitting paragraph (c) thereof and substituting the following paragraph:- " (c) All other words, figures or marks required or permitted by this section to be marked on a package containing cooking margarine shall be marked on the main display portion or lid of the package and those words, figures and marks may also be marked- (i) where the sides of the package are perpendicular to its base or are substantially so, on at least two opposite faces thereof; (ii) in any other case, at the extremities of any horizontal of the package that is parallel to the base of the package.". Where words, figures or marks are marked in accordance with provision (i) or (ii) of this paragraph such markings shall contain all the words, figures and marks that are marked on the main display portion or lid of the package.". 8. Repeal of s. 13A. The Principal Act is amended by repealing section 13A. 9. Repeal of and new s. 14. The Principal Act is amended by repealing section 14 and substituting the following section:- " 14. Manufacture of certain type of margarine for sale to prescribed persons. (1) Notwithstanding anything in this Act or in any license, a person who holds a cooking margarine license may manufacture, for sale only to any person prescribed by the

34 2 Margarine Act Amendment Act 1975. No. 22 regulations or to any person belonging to a class of persons so prescribed in lumps of not less than 5 kilogrammes, margarine that contains not less than 60 per centum by weight of fat from edible tallow. (2) No person shall- (a) pack margarine so manufactured in lumps of less than 5 kilogrammes; (b) sell (otherwise than for export beyond the Commonwealth of Australia) margarine so manufactured- (i) in lumps of less than 5 kilogrammes; (ii) to a person, not being a prescribed person or a person belonging to a prescribed class of persons; (iii) in a package, save a package on which are marked on at least four sides but excluding the top and bottom or base of the package- (A) the words " COOKING MARGARINE " followed immediately by the words " CONTAINS NOT LESS THAN " and then by the expression " 600' FAT FROM EDIBLE TALLOW" and then by the words " FOR INDUSTRIAL PURPOSES ONLY "; (B) the words "CONTAINS NOT MORE THAN (insert percentage) PERCENT OF THE ANTIOXIDANT (insert chemical name of the antioxidant) "; (C) the name and address and registered mark of the manufacturer; (D) the registered _ export number of the manufacturer; (E) the net weight of the margarine contained in the package. (3) A package containing such margarine may also be marked with- (a) the words " SELL STOCK WITH LOWEST NUMBER FIRST " or words that have a similar meaning; (b) the expression " IMPORTANT-MUST BE KEPT REFRIGERATED BETWEEN (insert minimum temperature ) AND (insert maximum temperature) "; (c) words, approved by the Minister, that describe the particular variety or grade of cooking margarine contained in the package or such other words as may be approved by the Minister.. (4) The words, figures or marks required or permitted by this section to be marked on a package containing cooking margarine shall- (a) be printed in bold-faced sanserif capital letters of a printed image height prescribed by the regulations; (b) be printed in a colour of a distinct contrast to the colour of its background. (5) No person shall sell (otherwise than for export beyond the Commonwealth of Australia) cooking margarine to be used for industrial purposes packed in a package on which is printed any word, figure or mark save a word, figure or mark that is required or permitted by this section to be marked on that package.

Margarine Act Amendment Act 1975, No. 22 343 (6) A person who contravenes or fails to comply with any provision of this section is guilty of an offence. Penalty: First offence -$ 500; second or subsequent offence- minimum $300 ; maximum $1 000.". 10. Repeal of and new s. 15. The Principal Act is amended by repealing section 15 and substituting the following section:- " 15. Substance to be included in margarine . No person shall manufacture or sell- (a) margarine unless one-tenth of one percentum by weight of the margarine consists of dry starch or arrowroot intimately mixed with the other constituents of the margarine; (b) cooking margarine or table margarine that contains animal fats or animal oils other than edible tallow.". 11. Amendment of s. 18 . Section 18 of the Principal Act is amended by, in subsection (2), inserting after the words " takes any such sample " the words " for the purpose of the prosecution of an offence against this Act ". 12. Repeal of schedule. The Principal Act is amended by repealing the schedule.