STATUTORY RULES.
1924. No. 40.
REGULATIONS UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commerce (Trade Descriptions) Act 1905, to come into operation forthwith.
Dated this thirteenth day of March, 1924.
FORSTER,
Governor-General.
By His Excellency’s Command,
AUSTIN CHAPMAN,
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 by omitting the standards for Dried Milk and Dried Milk Products and inserting in their stead the following—
Dried Butter Milk shall be butter milk dried from any process of heating and shall contain no matter harmful to human health and not more than 7 parts per cent. of water.
Dried Casein shall be casein prepared and dried by any process whatsoever and shall contain not more than 12 parts per cent. of water.
Dried Full Cream Milk shall be milk from which the water has been removed by a process of heating, without the addition of any extraneous matter, and shall contain not less than 26 parts per cent. of butter fat and not less than 95 parts per cent. of milk solids.
Dried Three-Quarter Cream Milk shall be milk from which the water has been removed by a process of heating, without the addition of any extraneous matter, and shall contain not less than 20 parts per cent. of butter fat and not less than 95 parts per cent. of milk solids.
Dried Half Cream Milk shall be milk from which the water has been removed by a process of heating, without the addition of any extraneous matter, and shall contain not less than 14 parts per cent. of butter fat and not less than 95 parts per cent. of milk solids.
C.3626.—Price 3d.
Dried Quarter Cream Milk shall be milk from which the water has been removed by a process of heating, without the addition of any extraneous matter, and shall contain not less than 8 parts per cent. of butter fat and not less than 95 parts per cent. of milk solids.
Dried Skimmed Milk (or dried separated milk) shall be dried milk which contains less than 8 parts per cent. of butter fat, not more than 7 parts per cent. of water, and no matter foreign to milk.
Dried Milk Food Products shall be the products of dried milk, with the addition of matter natural to or extraneous to milk, but containing nothing harmful to human health.
Malted Milk Powder shall contain not less than 7.5 parts per cent. of butter fat and not more than 5 parts per cent. of moisture.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1924 No. 40, which are Regulations under the Commerce (Trade Descriptions) Act 1905, were enacted to provide updated standards and definitions for various dried milk products, particularly those exported from Australia. This legislative instrument, issued by the Governor-General with the advice of the Federal Executive Council, aimed to ensure that the quality and safety of exported dairy products met specific health and composition standards. The policy objective was to maintain the integrity of Australian dairy exports by setting clear and enforceable standards, thus protecting both consumers and the reputation of Australian dairy products abroad. This regulation was introduced to address the need for updated standards in the dairy industry, particularly in the context of international trade, ensuring that Australian products met international expectations and safety requirements.
Scope and Application
The Commerce (Trade Descriptions) Act 1905 serves to regulate the trade descriptions of goods within Australia, with these regulations applying to all entities involved in the production, export, or sale of goods within the Commonwealth. The Act aims to ensure that the descriptions of these goods are accurate and do not mislead consumers. The scope of the Act includes setting specific standards for various dairy products, ensuring that these products meet certain quality criteria and do not contain harmful substances. The geographic reach of the Act is national, affecting all states and territories within Australia. The Act does not explicitly provide for exclusions or exemptions, implying that its provisions apply broadly to all relevant products unless otherwise specified through subordinate instruments. These subordinate instruments may further define or extend the application of the Act, providing detailed regulations for specific types of goods, including the aforementioned dairy products, and ensuring compliance with national standards.
Key Provisions
The main provisions of the Commerce (Trade Descriptions) Act 1905, as amended by the Legislative Instrument (C1924L00040), focus on the standards for various types of dried milk and milk products intended for export. Specifically, section 1 of the instrument amends the standards previously set in the Commerce (Export Dairy Produce) Regulations 1921. The new standards now specify the composition and allowable moisture content for different types of dried milk products such as Dried Butter Milk, Dried Casein, Dried Full Cream Milk, Dried Three-Quarter Cream Milk, Dried Half Cream Milk, Dried Quarter Cream Milk, Dried Skimmed Milk, Dried Milk Food Products, and Malted Milk Powder. Each type has its own set of criteria concerning the percentage of butter fat, water content, and other allowable substances to ensure they meet health and quality standards.
The obligations imposed by these regulations on parties involved in the export of dairy products are significant. They must ensure that their products adhere to the newly specified standards. This includes, but is not limited to, ensuring that the products are free from harmful substances, contain the required percentage of butter fat and milk solids, and do not exceed the permissible moisture content. Compliance with these standards is critical to avoid any legal repercussions and to maintain the integrity of the products being exported.
Breach of these regulations can lead to serious consequences, both civil and criminal. For civil breaches, the penalties can include fines or other financial penalties as determined by the courts. In more severe cases, where the breach is considered to be deliberate or negligent, the consequences could extend to criminal charges. The maximum penalties for criminal offences under these regulations are not explicitly stated in the provided text, but typically, such breaches could result in fines or imprisonment, depending on the severity and intent behind the violation. It is important for all parties involved to adhere strictly to the stipulated standards to avoid any legal actions or penalties.