Margarine Act Amendment Act 1982 (Qld)

58 (QuecYtst u h ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 5 of 1982 An Act to amend the Margarine Act 1958-1978 in certain particulars [ASSENTED TO 20TH APRIL, 19821

Margarine Act Amendment Act 1982, No. 5 59 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:- 1. Short title and citation . This Act may be cited as the Margarine Act Amendment Act 1982. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Principal Act and citation as amended . (1) In this Act the Margarine Act 1958-1978 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Margarine Act 1958-1982. 4. Amendment of s. 3. Meaning of terms . Section 3 of the Principal. Act is amended by- (a) omitting the definitions " Butter " and " Butter fat " and substituting the following definitions: " " Butter "-The fatty substance obtained by mechanically (or by any other method) agitating milk or cream; " Butter fat "-The fat of milk; " Butter oil "-The clarified fatty portion of milk, cream or butter- which is obtained by removing non-fat constituents; "; (b) omitting the definition " Edible tallow " and substituting the following definition:- " " Edible tallow "-The product obtained by rendering the fresh, clean , sound, fatty tissues (including trimming and cutting fats), muscles and bones accompanying those tissues of- bovine animals and sheep; "; (c) inserting after the definition " License " the following definition:- " Maaiinn display portion "-That portion of the package that is likely to be displayed to a customer when the package is exposed for sale; "; (d) omitting the definition " Margarine " and substituting the following definitions:- " " Manufacturing margarine "-Margarine manufactured in lumps of 10 kilograms or more for exclusive sale to prescribed persons; " Margarine "-Includes all substances prepared from animal fat (other than milk fat or butter fat) or vegetable fat or vegetable oil in imitation or semblance of butter, which are. intended for human consumption; ";

60 Margarine Act Amendment Act 1982, No. 5 (e) omitting the definition " Mark " and substituting the following definition:- " " Mark "-Includes brand, stamp, symbol or other similar device; "; (f) omitting the definition " Polyunsaturated table margarine " and substituting the following definition:- " " Polyunsaturated table margarine "-Margarine in which the total fatty acids present contain not less than 400 grams of cis-methylene interrupted polyunsaturated fatty acids per kilogram and not more than 200 grams of saturated fatty acids per kilogram; ". 5. Amendment of s. 8. Registered marks. Section 8 of the Principal Act is amended by, in subsection (4), omitting the words " both table margarine and cooking margarine " and substituting the words " table margarine, cooking margarine or manufacturing margarine ". 6. Amendment of s. 8A. Persons other than licensees to register marks. Section 8A of the Principal Act is amended by, in subsection -(4), omitting the words " and cooking margarine " and substituting the words ", cooking margarine or manufacturing margarine ". 7. Amendment of s. 12. Packaging and labelling of table margarine. Section 12 of the Principal Act is amended by- (a) in subsection (1), (i) omitting the words " Commonwealth of Australia " and -substituting the words " State of Queensland "; (ii) in subparagraph (b), (A) omitting the words " is marked- " and substituting the words are marked-" ; (B) omitting provision (ii) and substituting the following provision:- (ii) words or expressions approved by the Minister that describe the particular variety or grade of margarine contained in the package or such other statements, marks or designs as are approved by the Minister in accordance with criteria prescribed in the regulations; "; (C) in provision (iv) inserting after the word " margarine " the words and the brand name of the margarine "; (b) in subsection (2), omitting subparagraph (a) and substituting the following subparagraph- "(a) the expression-" VEGETABLE OILS 100 Y. OF TOTAL OIL CONTENT "; "; (c) in subsection (3), in paragraph (a), (i) omitting the word " or " and substituting the word " and "; (ii) omitting the words " background." and substituting the following words and proviso:- "background:

Margarine Act Amendment Act 1982, No. 5 61 Provided that any embossed statement, mark or design on the sides of a package, other than the lid, containing margarine may be embossed in the colour of its background."; (d) in subsection (4), (i) in paragraph (a), (A) omitting the words " figures or marks " where firstly occurring and substituting the words " expressions, statements, marks or designs "; (B) omitting the words "(in the case of words, figures or marks permitted by subsection (d)) "; (ii) omitting paragraphs (b), (c) and (d) and substituting the following paragraphs:- " (b) The registered mark of the manufacturer, the brand name of the margarine and the words " TABLE MARGARINE " or, as the case may be, " POLYUNSATURATED TABLE MARGARINE " shall be marked or embossed on the lid of the package containing table margarine and- (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 extremeties of any horizontal of the package that is parallel to the base of the package. Where any words, expressions , statements , marks or designs are marked or embossed in the manner specified in this paragraph they shall contain the words " TABLE MARGARINE " or, as the case may be, "POLYUNSATURATED TABLE MARGARINE ". (c) All other expressions or statements which relate to margarine ingredients required or permitted by this section to be marked on a package containing table margarine or polyunsaturated table margarine shall be marked once at least on the package."; (e) in subsection (5), (i) omitting the words " Commonwealth of Australia " and substituting the words " State of Queensland "; (ii) omitting the words " figure or mark " where twice occurring and substituting the words " expression, statement, mark or design " in each case. 8. Amendment of s. 13. Packaging and labelling of cooking margarine. Section 13 of the Principal Act is amended by- (a) in subsection (1), (i) omitting the words " Commonwealth of Australia " and snbstituting the words " State of Queensland "; (ii) in subparagraph (b),

62 Margarine Act Amendment Act 1982, No. 5 (A) omitting the words " is marked--" and substituting the words are marked- "; (B) omitting provision (ii) and substituting the following provision:- (ii) words or expressions approved by the Minister that describe the particular variety or grade of margarine contained in the package or such other statements, marks or designs as are approved by the Minister in accordance with criteria prescribed by regulations; " (C) in provision (iii) inserting after the word " margarine " the words " and the brand name of the margarine "; (b) in subsection (3), (i) omitting the expression " (a) " where firstly occurring; (ii) omitting paragraph (b); (c) in subsection (4), omitting paragraphs (b) and (c) and substituting the following paragraphs:- " (b) The registered mark, the words " COOKING MARGARINE " and the expression " CONTAINS NOT LESS THAN 72 % FAT FROM EDIBLE TALLOW " required by this section to be marked on a package containing cooking margarine shall be marked on the main display portion or lid. (c) The words " COOKING MARGARINE ", the registered mark of the manufacturer, the brand name of the margarine and all other words, figures, marks or designs required or permitted by this section to be marked on a package containing cooking margarine shall 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; (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 registered mark, brand name, words, figures, marks or designs are marked or embossed in accordance with provision (i) or (ii) of this paragraph, they shall contain the words " COOKING MARGARINE ". (d) All other words, expressions or figures which relate to margarine ingredients required or permitted by this section to be marked on a package containing table margarine or polyunsaturated table margarine shall be marked once at least on the package."; (d) in subsection (5), (A) omitting the words " Commonwealth of Australia " and substituting the words " State of Queensland "; (B) omitting the words " or mark " where twice occurring and substituting the words ", mark or design " in each case. 9. Amendment of s. 14 . Manufacture of certain type of margarine for sale to prescribed persons . Section 14 of the Principal Act is amended by- (a) in subsection (1), omitting the expression " 5 " and the expression " 60 " and substituting the expression " 10 " and the expression " 40 " respectively;

Margarine Act Amendment Act 1982, No. 5 63 (b) in subsection (2), (i) in paragraph (a), omitting the expression " 5 " and substituting the expression " 10 "; (ii) in paragraph (b), (A) omitting the words " Commonwealth of Australia " and substituting the words © State of Queensland "; (B) in subparagraph (i) omitting the expression " 5 " and substituting the expression " 10 "; (iii) omitting subparagraph (iii) and substituting the following Subparagraph:- (iii) in a package, save a package on which are marked on at least two sides but excluding the top and bottom or base of the package- (A) the words " MANUFACTURING MARGARINE " followed immediately by the words " CONTAINS NOT LESS THAN 40 % FAT FROM EDIBLE TALLOW "; (B) the name and address and registered mark of the manufacturer; (C) the net weight of the margarine contained in the package."; (c) in subsection (3), in paragraph (c), inserting after the word words " where twice occurring the words " or expressions " in each -case; (d) in subsection (5), omitting the words " Commonwealth of Australia " and substituting the words " State of Queensland ". 10. Amendment of s. 15 . Substance to be included in margarine. :Section 15 of the Principal Act is amended by- (a) omitting paragraph (a); (b) re-numbering paragraphs (b) and (c) as paragraphs (a) and -(b) respectively. 11. Amendment of s. 16 . Offences as to manufacture , sale, etc., of margarine . Section 16 of the Principal Act is amended by- (a) in paragraph (i), inserting after the word " butter " where firstly occurring the words ", dairy blend or "; (b) in paragraph (ii), inserting after the word " butter " where firstly occurring the words ", dairy blend or ".

64 Margarine Act Amendment Act 1982, No. 5 12. Repeal of s. 17. Notice to be displayed in shops, etc ., where margarine sold. Section 17 of the Principal Act is repealed.