Commerce (Export Dairy Produce) Regulations (Amendment)

Overview

Statutory Rules 1934 No. 98, made under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1988, address the need for updated standards in the preparation, inspection, and packing of eggs for export, particularly in the context of dairy produce. Enacted by the Governor-General, the regulations seek to refine the specifications for the materials and construction of egg cases, as well as the conditions for the registration of export establishments. This legislative instrument aims to enhance the quality and safety of exported eggs, ensuring they meet the required standards to maintain consumer trust and compliance with trade practices. The regulations also seek to streamline the registration process for businesses engaged in the export of dairy products, thereby facilitating smoother international trade operations.

Scope and Application

These Regulations, made under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1988, amend the Commerce (Export Dairy Produce) Regulations to update the specifications for the preparation, inspection, and packing of eggs in shell for export. The Regulations apply to any person who conducts the business of preparing, manufacturing, or packing butter, eggs, egg-pulp, or cheese for export. These persons must ensure that their export activities comply with the amended requirements for the construction and materials of egg cases, including specifications for thickness, construction, and binding materials. Additionally, these Regulations mandate the registration of premises used for these export activities within 28 days of commencing the business, unless the premises are already registered under state laws. This ensures that export establishments adhere to the regulatory standards set out by the Commonwealth. The Regulations are applicable nationally across Australia, with any state-registered premises being exempt from the Commonwealth registration requirement.

Key Provisions

The main operative sections of these Regulations pertain to the amendment of existing rules under the Commerce (Export Dairy Produce) Regulations. Specifically, Regulation 13 is amended to revise the specifications for the preparation, inspection, and packing of eggs in shell (Reg. 2(a)-(c)). The amended Regulation 13 sets forth detailed specifications for the thickness and material of egg cases, the construction of divisions within the cases, and the requirements for approved fillers, flats, or filler flats. Furthermore, Regulation 59 is amended to mandate that every person involved in the business of preparing, manufacturing, or packing butter, eggs, egg-pulp, or cheese for export must register their premises as an export establishment within 28 days of commencing such business (Reg. 3). These Regulations impose specific obligations on those engaged in the export of dairy products and eggs. They require adherence to strict specifications for the construction and material of egg cases, mandating precise thicknesses and materials for the ends, sides, top, bottom, and middle division boards of the cases (Reg. 2(a)-(c)). Additionally, the Regulations require the use of approved fillers, flats, or filler flats and the binding of cases with approved materials (Reg. 2(a)-(c)). The Regulations also mandate that each hen egg must be packed in a separate division constructed of approved wood pulp board or other approved odourless materials (Reg. 2(c)). Furthermore, any person carrying on the business of preparing, manufacturing, or packing these products for export must register their premises as an export establishment within 28 days of commencing such business, unless the premises are already registered under State law (Reg. 3). Breach of these Regulations may result in various civil or administrative consequences. Non-compliance with the specified construction and material requirements for egg cases and packing materials could lead to the rejection or seizure of non-compliant products at the point of export. Additionally, failure to register export premises as required may result in penalties, which could include fines or other administrative sanctions. While the Regulations do not specify maximum penalties, breaches of related legislation typically attract penalties that could include fines up to several thousand Australian dollars, depending on the severity and frequency of the breach.