Margarine Act and Another Act Amendment Act 1974 (Qld)

343 ANNO VICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 35 of 1974 An Act to amend the Margarine Act 1958-1973 and The Dairy Produce Acts 1920 to 1963 each in certain particulars [ASSENTED TO 2ND MAY, 1974] 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 . (1) This Act may be cited as the Margarine Act and Another Act Amendment Act 1974. (2) The Margarine Act 1958-1973 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Margarine Act 1958-1974. 2. Commencement . This Act shall commence on a date appointed by Proclamation.

344 Margarine Act and Another Act Amendment Act 1974, No. 35 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 beef fat or mutton fat or beef fat and mutton fat in a quantity of not less than 72 per centum of the total weight of that margarine; "; (b) in the definition " Margarine " adding after the words " such fat " the words " or dairy blend within the meaning of the Dairy Produce Act 1920-1974 "; (c) inserting after the definition " Place " the following definition:- " " Polyunsaturated table margarine "-Table margarine in which all the fatty acids present contain not less than 40 per centum of cismethylene interrupted polyunsaturated fatty acids and not more than 20 per centum of saturated fatty acids; "; (d) adding at the end thereof the following paragraph:- " For the purposes of this Act the expression " main display portion " has the same meaning as that assigned to it in regulations made under the Weights and Measures Act 1951-1972.". 4. Repeal of and new s. 12. The Principal Act is amended by repealing section 12 and substituting the following section:- . . " 12. Packing 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 4 ounces or 125 grammes, 8 ounces or 250 grammes, 12 ounces or 375 grammes or 1 pound or 500 grammes; (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 the words TABLE MARGARINE " and the expression " CONTAINS LESS THAN 5mg OF CHOLESTEROL PER 100g " or the expression " CONTAINS A MAXIMUM OF (insert amount) CHOLESTEROL PER IOOg "; (ii) the name, address and registered mark of the manufacturer of the margarine; (iii) the net weight of the margarine contained in the package. (2) A. package containing table margarine may be marked also with- (a) the expression " CONTAINS VITAMINS A and D IN ACCORDANCE WITH THE PRESCRIBED STANDARD "; (b) the words " CONTAINS ANTI-OXIDANT "; (c) the registered export number of the manufacturer of that margarine; and

Alargarine Act and Another Act Amendment Act 1974, No. 35 345 (d) the date of manufacture of the margarine or the code mark of the manufacturer indicating that date. (3) (a) The printing on a package containing table margarine (save of 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. (4) (a) The words, figures or marks required or permitted by this section to be marked on a package containing table margarine shall be printed in bold-faced capital letters of the appropriate printed image height specified in the schedule. (b) The words " TABLE MARGARINE " 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 and- (a) where the sides of the package are perpendicular to its base or are substantially so, on at least two opposite faces thereof; (b) in any other case, at the extremities of any horizontal of the package that is parallel to the base of the package. (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. (5) No person shall sell (otherwise than for export beyond the Commonwealth of Australia) table margarine 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 printed 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-$500; second or subsequent offence- minimum $300; maximum $1,000.". 5. Repeal of and new s. 13. The Principal Act is amended by repealing section 13 and substituting the following section:- 13. Packing and labelling of cooking margarine . (1) No person shall sell (otherwise than for export beyond the Commonwealth of Australia) cooking margarine unless that margarine- (a) is made up in lumps of 4 ounces or 125 grammes, 8 ounces or 250 grammes, 12 ounces or 375 grammes or 1 pound or 500 grammes; (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% BEEF FAT AND/OR MUTTON FAT"; (ii) the name, address and registered mark of the manufacturer of the margarine;

346 Margarine Act and Another Act Amendment Act 1974, No. 35 (iii) the net weight of the margarine contained in the package. (2) A package containing cooking margarine may be marked also with- (a) the registered export number of the manufacturer of the margarine; (b) the date of manufacture of the margarine or the code mark of the manufacturer indicating that date. (3) (a) The printing on a package containing cooking margarine (save of the particulars permitted by subsection (2)) shall be in a colour of a distinct contrast to the colour of its background. (b) Subject to paragraph (a) the words " COOKING MARGARINE " and the expression " CONTAINS NOT LESS THAN 72% OF BEEF FAT AND/OR MUTTON FAT" shall be in print of the one colour. (4) (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 capital letters of the appropriate printed image height specified in the schedule. (b) The words " COOKING MARGARINE " required by this section to be marked on a package containing cooking margarine shall be marked on the main display portion or lid and- (a) where the sides of the package are perpendicular to its base or are substantially so, on at least two opposite faces thereof; (b) in any other case, at the extremities of any horizontal of the package that is parallel to the base of the package. (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 thereof. (5) No person shall sell (otherwise than for export beyond the Commonwealth of Australia) cooking margarine 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 printed 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-$500; second or subsequent offence- minimum $300; maximum $1,000." 6. New s. 13A. The Principal Act is amended by inserting after section 13 as inserted by this Act the following section:- " 13A. Minimum printed image height on a package containing margarine . (I) Where the maximum printable surface area of the main display portion or lid of a package containing margarine is less than 75 square centimetres any words, figure or mark required or permitted by section 12 or 13, as the case may be, to be marked on the package shall be printed thereon in letters of the minimum printed image height specified in Column B of Table A of the schedule opposite. and in relation to those words, or that figure or mark or the words descriptive thereof specified in Column A of that Table.

Margarine Act and Another Act Amendment Act 1974, No. 35 347 (2) Where the maximum printable surface area of the main display portion or lid of a package containing margarine is or exceeds 75 square centimetres any words, figure or mark required or permitted by section 12 or 13, as the case may be, to be marked on the package shall be printed thereon in letters of the minimum printed image height specified in Column B of Table B of the schedule opposite and in relation to those words or that figure or mark or the words descriptive thereof specified in Column A of that Table.". 7. 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 regulations or to any person belonging to a class of persons so prescribed in lumps of not less than 14 pounds or 6 kilogrammes, margarine that contains not less than 60 per centum by weight of beef fat or mutton fat or beef fat and mutton fat. (2) A person who- (a) packs margarine so manufactured in lumps of less than 14 pounds or 6 kilogrammes; or (b) sells margarine so manufactured (i) in lumps of less than 14 pounds or 6 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 in letters of the one colour (being a colour that provides a distinct contrast to the colour of the background on which those letters appear) the words " COOKING MARGARINE " in bold-faced capital letters of a printed image height of not less than 25 millimetres, followed immediately by the words " CONTAINS NOT LESS THAN " in bold-faced capital letters of a printed image height of not less than 2.5 millimetres, and by the expression " 60% BEEF FAT AND/OR MUTTON FAT " in bold-faced capital letters of a printed image height of not less than 5 millimetres, is guilty of an offence against this Act. Penalty: First offence-$500; second or subsequent offence- minimum $300; maximum $1,000.". 8. New s. 14A. The Principal Act is amended by inserting after section 14 as inserted by this Act the following section:- " 14A. References to weights and measures . Where in this Act reference is made, in relation to margarine, to weight or measure in terms of units of measurement of the imperial system and that reference is followed immediately by an alternative reference to weight or measure in terms of the metric system, it is to be taken that the former reference applies with respect to margarine packed in units of measurement of the imperial system and the alternative reference applies with respect to margarine packed in units of measurement of the metric system.".

348 Margarine Act and Another Act Amendment Act 1974, No. 35 9. Amendment of s. 24. Section 24 of the Principal Act is amended by omitting the words " One hundred pounds " and substituting the expression " $500 ". 10. Amendment of s. 25. Section 25 of the Principal Act is amended by omitting the words " fifty pounds " and substituting the expression $250 ". 11. Amendment of s. 26. Section 26 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1), (b) inserting after subsection (1) as so numbered the following subsection:- " (2) A person who, in any advertisement relating to the sale of margarine that purports to depict the label in respect of a package in which the margarine is packed for sale, or that package, obliterates or conceals in any manner any word, figure or mark that is marked on that label or, as the case may be, package in accordance with this Act commits an offence against this Act.". 12. Amendment of s. 30. Section 30 of the Principal Act is amended by, in subsection (2), omitting the words " one hundred pounds " and the words " twenty pounds " and substituting in each case respectively the expression " $500 " and the expression " $100 ". 13. Schedule . The Principal Act is amended by inserting after section 34 the following schedule:- "SCHEDULE TABLE A [s. 13A] Column A Column B Words, Figure or Mark Minimum Printed Image Height TABLE MARGARINE .. .. .. .. POLYUNSATURATED TABLE MARGARINE .. CONTAINS LESS THAN 5mg OF CHOLESTEROL PER 100g CONTAINS A MAXIMUM OF ( insert amount) OF CHOLESTEROL PER 100g CONTAINS VITAMINS A AND D IN ACCORDANCE WITH THE PRESCRIBED STANDARD .. CONTAINS ANTI-OXIDANT COOKING MARGARINE .. .. .. CONTAINS NOT LESS THAN 72;; BEEF FAT AND/OR MUTTON FAT Name and address of manufacturer .. Registered mark of manufacturer . . Registered export number of manufacturer Net weight of margarine in package . . Millimetres 6.0 6.0 1.5 l•5 1.5 1.5 6.0 I.5 5.0 I.5 1.5 I.5 As prescribed by the Weights and Measures Act 1951-1972

Margarine Act and Another Act Amendment Act 1974, No. 35 349 TABLE B Column A Column B Words, Figure or Mark Minimum Printed Image Height TABLE MARGARINE .. POLYUNSATURATED TABLE MARGARINE.. CONTAINS LESS THAN 5mg OF CHOLESTEROL PER 100g CONTAINS VITAMINS A AND D IN ACCORDANCE WITH THE PRESCRIBED STANDARD .. CONTAINS ANTI-OXIDANT .. .. .. COOKING MARGARINE . CONTAINS NOT LESS THAN 72% BEEF FAT AND/OR MUTTON FAT Name and address of manufacturer . . Registered mark of manufacturer Registered export number of manufacturer Net weight of margarine in package .. .. Millimetres 9.0 9.0 2-5 2-5 2-5 9.0 2.5 7.5 2-5 2.5 2-5 As prescribed by the Weights and Measures Act 1951-1972 II 14. Amendment of The Dairy Produce Acts 1920 to 1963 . (I) The Dairy Produce Acts 1920 to 1963 are amended by, in section 3, (a) inserting after the definition " Dairy" the following definition:- Dairy blend "-The product obtained by mixing milk fat, edible vegetable oil or oils, salt and water to produce a solid or semi-solid emulsion; the product- (a) shall contain- (i) not less than 12 nor more than 20 per centum of vegetable oil or oils by weight of its total weight; (ii) not more than 16 per centum of water and 4 per centum of salt by weight of its total weight; (iii) vitamin A in an amount equivalent to not less than 240 microgrammes of retinol activity per 28 grammes and vitamin D in an amount equivalent to not less than 1-5 microgrammes of cholecalciferol per 28 grammes; (b) may contain skim milk, anti-oxidants, monoglycerides or diglycerides of fat forming fatty acids, flavouring and harmless vegetable colouring;";

350- Margarine Act and Another Act Amendment Act 1974, No. 35 (b) in the definition " Dairy produce " inserting after the words " milk or cream " the words ", also dairy blend ". (2) The Dairy Produce Acts 1920 to 1963 as amended by this section may be cited as the Dairy Produce Act 1920-1974.