The Chaff, Hay, and Fruit Act 1908 (SA)

ANNO OCTAVO

EDWtiRDP V11 REGIS.

A. D. 1908.

No. 964.

A n Act to prevent the Adulteration of Chaff, and to

regulate the Sale of Chaff, Hay, and Fruit,

and for other purposes.

[Assented to, D e c e t d w ~3rd~ 1908.1

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of thc Parliament thereof, as

l, 'l'his Act nmy be cited as c c The Chaff, Hay, and Fruit Act, Shorttitle.

1908. "

2. I n this Act, unless the contest otllerwise requires- Interpretation.

" Hay chaff" means the cllaffecl stalks, leaves, and heads of any one or more of the following cereals and plants, namely :-TVheat, oats, lueernc, and any other cereals and plants, the chaffed stalks, leaves, and l~eatls of which the C; overnor, by Proclamation in the Go uerwment Gazette, tleclares to be hay chaff for the purposes of this Act; but the term does not inclucle the chaff of any cereal or plant from which the natwal production of grain or seed has been removed.

" Straw chaff" means any chaff other than hay chaff:

" Inspector " means an Inspector appointed under this Act :

" Minister " means the Minister of Agriculture or the Minister

of the Crown for the time being performing the duties of

the Minister of Agricultnre:

964 Standard

8" EDWARDI VII, No. 964.

The Cha8, Hay, and Fruit Act.-1908. p p - - p - - - -- - -

P-

Standard case " ~tnd " standard half-case " mean respectively the case and half-case of tlic stitndilrd measurements required by this Act:

" 'l'his Act " inclucles regulut ions inatle under this Act.

Chaff other than hay

chaff to be marked 3, NO person shall sell or offer or expost for sale any chaff other

straw chaff." than hay chaff, unlcss the bag, sack, or other receptacle containing the same has printed or otlicrwisc inscribed thereon, or affixetl thereto, in a conspicuous position, the words " straw chaff" in letters not less than one and a half inches in height.

Foreign ingredients 4, No person shall sell or offer or exl~ose for sale any chaff,

in chaff.

whether hay chaff or straw chaff, to which has been added any

1908, cl. 6.

foreign ingredient, other than such as is permitted by regulat,ion, or

exceeding the proportion or amount so permit Led.

Warranty of clwa of

chaff. 5, Any person selling chaff shall be deemed to have warranted

that the same is hay chaff unless it is indicated to be straw chaff

in manner prescribed by section 3.

Standard weight of 6, The standard weight of a bag or sack of chff, whether hay

bag of chaff.

chaff or straw chaff, shall, until the thirhy-first day of December, one thousand nine huntlred and ten, be forty pounds avoirdupois weight excluding the weight of the bag or sack.

Bag of chaff not to

be under standard	7. No person shall sell a bag or sack of chaff of less than the standard weight unless the chaff in such bag or sack is weighed by him at the time of sale or delivery, and the price of chaff sold is computed, in proportion to its weight, at the market rate for a bag or sack of the standard weight.
weight.
Ton of chaff to be

2,2401bs. 8, When chaff, whether hay chaff or straw chaff, is sold by thc

ton or any proportionate part of a ton, the word " ton" shall be deemed to mean a ton of two thousand two hundred and forty pounds	avoirdupois weight, excluding the weight of the bags or sacks con-	taining the chaff except when bags or sacks are expressly sold with
the chaff.

Vendor of hay 9, In any contract for the sale and purchase of hay by weight

entitled to weigh. there shall be an implied condition that the vendor shall be entitled a t his own cost to have such hay weighed on a licensed weighbridge, arid that the purchaser shall accept such weight as correct.

Standardcaseof fruit. 10, ( a ) The standard case for the sale of fruit shall be eighteen

inches in length inside, eight inches and seven-eighths of an inch in width inside, and fourteen inches in depth inside, and shall have

a cubic capacity of two thousand two hundred and thirty-six

inches.

The standard half-case, save that the depth thereof inside be seven inches only, shall be of the same measurements as

the standard case, and shall have a cubic capacity of one thousand one hundred and eighteen inches: Provided

8" EDWARDI VII, No. 964.

The Chaff, Hay, and Pruit Act.-1908.

Provided that a case or half-case shall be deemed to comply with the above measurements if the excess or deficiency in the cubic capacity thereof does not exceed in the whole two and one-half per centum of the specified cubic capacity.

11, No person shall, after the first day of October, one thousand S d e o n l y b ~ abndard

case.

nine hundred and nine, sell any fruit (other than dried, pre- served, tinned, or canned fruit) otherwise' than by the stiniard case or standard half-case: Provided that this section shall not apply to-

( a ) Fruit sold by weight, measure of capacity, or number:

(b) Fruit sold in baskets or punnets:

(c) Fruit sold in trays containing only one layer:

(cl) Any particular fruit or fruits wllich the Governor, by Procla-

mation published in the Government Gazette, exempts from

the provisions of this Act.

12. The Governor may, by Proclamation published in the Govern- Prohibition of old

meni Gazette, prohibit the introduction into any locality specified in

such Proclamation of any box, case, bag, or other receptacle which

has already contained fruit.

13, The Governor may appoint any person or persons to be an Inepectors.

Inspector or Inspectors under this Act.

14. (1) Any such Inspector may at any time during the day Powers of Inspector

' time enter upon any land or into any warehouse, store, shop, building, or other place where chaff or fruit is or may reasonably be supposed to be bagged, packed, kept, sold, or exposed or offered for sale, and may-

( U ) Weigh any bag or sack of chaff, whether hay chaff or straw

chaff there found, and measure any case of fruit or fruit case there found, and if necessary may remove the same to

be weighed or measured elsewhere:

(6) Examine and, on payment or" the ordinary market price there-

for (if demanded), take for analysis any quantity of any

chaff, whether hay chaff or straw chaff, there found;

(c) Do any act or thing required or permitted by regulation to be done in connection with or for the purposes of anything authorised by this section or the analysis of chaff taken under this section.

(2) Any persolr who obstructs or interferes with any inspector in the exercise of his powers under this Act shall be guilty of an offence against this Act.

15. (1) Any contravention of this Act, whether by act or Otfonces and

omission, shall be an offence against this Act. penalties.

(P) Any person guilty of an offence againet this Act shall be

liable to a penalty for a first offence of not more than Ten Pounds,

and

8' EDWARDI VII, No. 964. ---p. - .-p - - --

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The Cha0, Hay, and Fruit Act.-1908.

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and for any subsequent offence of not less than Five Pounds nor

more than Fifty Pounds.

Summary

proceedings.	16, All proceedings in respect oi offences against this Act shall be by information, and shall be heard ancl clctcrminerl in a summary way by a Special Magistrate or two Justices of the Peace for the
said State, and shall be regulated by the Ordinance No. 6 of 1850,
" The Justices Procedure Amendment Act, 1883-4," and any otl~er
Act for the time being in force relating to summary proceedings.
17, (1) There shall be an appeal to the Local Court of Adelaide in its Full Jurisdiction from any order or conviction under this Act, or from any order dismissing any information for any offence against this Act.
(2) Such appeal shall be regulated by the said Ordinance No. 6 of 1850, " 'She Justices Procedure Amendment Act, 18834," and any Act for the time being in force regulating appeals to Local Courts.
(3) Such Local Court may state a special case for the opinion of the Supreme Court.
Regulations.	18, ( 1 ) The Governor may make regulations not incorisistent with this Act, prescribing all matters which by this Act arc required or permitted to be prescribed, or which may be necessary or con- venient to be prescribed for giving effect to this Act.

(2) All such regulations shall-

(a ) Be published in the Gouernmlzt Gazette ;

( b ) Take effect from the date of such publication, or from a

later date, to be specified therein; and

(c) Re laid before botch Houses of Parliament within fourteen days after publication, if Parliament is in Session, and if not, then within fourteen daj S after the commence- ment of the next Session.

Disapproval by

Parliament. ( 3 ) Notwithstanding any pnblication thereof, no regulation shall continue to haw any force or effect if the same is disapproved, either wholly or in part, by resolution of either House of Parliament with- in thirty days after such regulation has been laid before Parliament, if Parliament is so long in Session: Providcd that if Pmliament is not in Session for thirty days after such regulation has been laid before it, then such regulation shall not continue to have any force or effect if disapproved by either House of Parliament within thirty days after the commencement of the next Session of Parliament.

In the name and on behalf of His Majesty, 1 hereby assent to

this Bill.

GEORGE R. LE HUNTE, Governor.

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Adelaide: By authority, C. E. BRISTOW, Governmtmt Printer, North Terrace.