Commerce (Export Dairy Produce) Regulations (Amendment)

Overview

The Statutory Rules 1924, No. 18, made under the Commerce (Trade Descriptions) Act 1905, were enacted to amend the standards set in the Commerce (Export Dairy Produce) Regulations 1921. This regulation, introduced by the Governor-General on the advice of the Federal Executive Council, aims to ensure consistency and quality in the export of dairy products. The objective is to maintain and improve the reputation of Australian dairy products in international markets by updating the permissible limits of certain contaminants in cheese and condensed skimmed milk. The regulation was issued by the Commonwealth of Australia and is intended to come into effect immediately, reflecting a commitment to food safety and trade integrity.

Scope and Application

The Commerce (Trade Descriptions) Act 1905, as amended by the Statutory Rules 1924 No. 18, pertains to the regulation of trade descriptions for goods intended for export from Australia, with a particular focus on dairy produce. The Act applies to all entities and persons involved in the trade and export of such goods, including producers, processors, and exporters. The regulation specifically amends the standards for the composition of cheese and condensed skimmed milk, thereby impacting the dairy industry within Australia. Geographically, the regulation operates at the Commonwealth level, affecting exports nationwide. This legislative instrument does not specify any exclusions or exemptions, and its application is direct, without reliance on subordinate instruments for extension or restriction. The intent is to ensure that Australian dairy products meet specific quality standards when exported, thereby maintaining the country’s reputation in the international market.

Key Provisions

The main operative sections of the Statutory Rules 1924 No. 18 (Section 1) involve amendments to the Commerce (Export Dairy Produce) Regulations 1921, as set out in the First Schedule. Specifically, the regulation modifies the standards for cheese and condensed skimmed milk. For cheese, the allowable limit of grains per pound is reduced from "not exceeding 4 grains per lb." to "not exceeding 2 grains per lb." (Section 1(a)). Similarly, the standard for condensed skimmed milk is adjusted from 24.5 to 26.5 (Section 1(b)). These changes reflect updated quality and safety standards for exported dairy products. The obligations imposed by these regulations are primarily on manufacturers and exporters of dairy products. They must ensure that their products meet the new standards set out in the regulation. For cheese, this means reducing the allowable grain content to not exceed 2 grains per pound. For condensed skimmed milk, the new standard requires that the product must contain at least 26.5% of a specified component. Failure to comply with these standards could result in the products being deemed non-compliant for export under Australian law. Breaches of these regulations can lead to significant legal consequences. While the regulation itself does not explicitly outline penalties, the underlying Act, the Commerce (Trade Descriptions) Act 1905, provides a framework for enforcement. Under this Act, breaches of trade description standards can result in both civil and criminal penalties. Civil penalties may include fines and corrective actions, while criminal penalties could involve imprisonment and/or fines, depending on the severity and intent behind the breach. The exact penalties would be determined in the context of a court proceeding, considering the specifics of the breach.