STATUTORY RULES.
1926. No. 175.
REGULATIONS UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1926.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Commerce (Trade Descriptions) Act 1905-1926 to come into operation forthwith.
Dated this seventeenth day of December, 1926.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
H. E. PRATTEN,
Minister of State for Trade and Customs.
Amendment of the Commerce (Export Dairy Produce) Regulations 1921.
(Statutory Rules 1921, No. 226, as amended to this date.)
1. The First Schedule to the Commerce (Export Dairy Produce) Regulations 1921 is amended—
(a) by omitting the second proviso to the standard for cheese;
(b) by inserting after the words “shall contain” in the standard for cocoa and milk preparations, &c., the following words “no preservative substance and”;
(c) by omitting from the standard for concentrated milk the following words and figures, “other than 0.5 parts per cent. of boric acid”;
(d) by inserting at the end of the standard for condensed milk the following words, “No preservative substance shall be added”;
(e) by inserting at the end of the standard for condensed skimmed milk the following paragraph:—
“; and (c) no preservative substance”;
(f) by adding at the end of the respective standards for dried butter-milk, dried casein, dried milk food products and malted milk powder, the following words, “No preservative substance shall be added”;
(g) by omitting from the standard for margarine the following words and figures, “Not more than 0.5 parts per cent. of boric acid”;
(h) by inserting after the words “shall contain” in the standard for milk—pasteurized and sterilized—the following words, “no added preservative substance”; and
C.18460.—Price 3d.
(i) by omitting the standard for milk sugar and inserting in its stead the following standard:—
“Milk sugar shall contain no sugar other than that extracted from milk, not more than seven per cent. of water, no preservative substance and no injurious substance foreign to milk.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1926, No. 175, which were enacted under the Commerce (Trade Descriptions) Act 1905-1926, address the issue of ensuring the quality and safety of dairy products exported from Australia. The regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council. The overarching policy objective of these amendments is to establish stringent standards for the composition and safety of various dairy products, including the prohibition of certain preservatives and the regulation of water content and foreign substances. This legislative instrument aims to protect consumer health and maintain the integrity of Australian dairy exports by clearly defining what constitutes acceptable standards for these products.
Scope and Application
The Regulations under the Commerce (Trade Descriptions) Act 1905-1926, as amended by Statutory Rules 1926, No. 175, apply to various dairy products intended for export from Australia, including cheese, cocoa and milk preparations, concentrated milk, condensed milk, condensed skimmed milk, dried butter-milk, dried casein, dried milk food products, malted milk powder, margarine, and milk sugar. These regulations are intended to ensure that these products meet specific standards and quality criteria when exported, particularly focusing on the prohibition of certain preservatives and other substances. The regulations have a national reach within the Commonwealth of Australia and apply to any entities involved in the production, preparation, or export of these dairy products. The regulations extend the scope of the original Commerce (Export Dairy Produce) Regulations 1921, making amendments to the standards and specifications for the listed dairy products, effectively tightening the restrictions on additives and substances within these products. This legislative instrument does not explicitly state any exclusions or exemptions, but it is assumed that the regulations apply universally to the specified dairy products unless otherwise defined in subordinate instruments.
Key Provisions
The main operative sections of this statutory rule amend the Commerce (Export Dairy Produce) Regulations 1921 by modifying several standards concerning the composition and quality of various dairy products (Regulation 1). Specifically, the amendments remove or alter provisions related to preservatives and other substances in cheese, cocoa and milk preparations, concentrated milk, condensed milk, condensed skimmed milk, dried butter-milk, dried casein, dried milk food products, malted milk powder, margarine, and milk—pasteurized and sterilized. The most significant change is the prohibition of preservatives and certain substances in these dairy products to ensure higher quality and safety standards.
The Act imposes obligations on exporters to adhere to the amended standards for dairy products. This includes ensuring that products such as cheese, cocoa and milk preparations, condensed milk, and others do not contain any added preservatives or specified prohibited substances. For example, cheese can no longer contain more than 0.5 parts per cent of boric acid, and condensed milk must not have any added preservatives. These requirements are designed to maintain consistency in the quality and safety of exported dairy products.
Failure to comply with the amended standards set out in these regulations can lead to legal consequences. While the specific penalties for non-compliance are not detailed within the text of the statutory rule, breaches of regulations under the Commerce (Trade Descriptions) Act 1905-1926 generally attract penalties as prescribed by the Act. These penalties can include fines and other enforcement actions to ensure compliance with the quality and safety standards of exported dairy products. It is essential for exporters to adhere to these standards to avoid any legal repercussions.