Commerce (Export Dairy Produce) Regulations (Amendment)

Legislation au C1927L00050 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1927. No. 50.

––––––

REGULATIONS UNDER THE CUSTOMS ACT 1901-1925 AND 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, hereby make the following Regulations under the Customs Act 1901-1925, and the Commerce (Trade Descriptions) Act 1905-1926, to come into operation forthwith.

Dated this 1st day of June 1927.

(Sgd.) STONEHAVEN

Governor-General.

By His Excellency’s Command,

 

(sgd) J. Peterson

for Minister of State for Trade and Customs.

 

 

Amendment of the commerce (Export Dairy Produce) Regulations.

(Statutory Rules 1926, No. 182).

 

1. Regulation 3 is amended by inserting after the definition of “Butter fat” the following definition:—

“Clean’, in relation to eggs in shell, means free from stain, dirt, or other foreign matter, but does not include eggs which have been washed.”

and by inserting after the definition of “Dried Milk Products” the following definition:—

“fresh’, in relation to egg pulp, means that the egg pulp is fit for human consumption and is considered by an officer to be fit for export.”

“Fresh’, in relation to eggs in shell, means that the eggs after examination by the ‘candling’ process are, in the opinion of an Officer, fit for human consumption and are not more than seven days old.”

2. Regulation 12 is repealed and the following regulations are inserted in its stead:—

12(a). Egg pulp intended for export shall be prepared and packed in accordance with the following provisions:—

(i) The eggs shall be individually examined by the ‘candling’ process under the supervision of an officer, and the examination shall be supplemented by examination during individual breaking.

(ii) The eggs shall be broken by hand into a cup of a type approved by an officer.

(iii) The officer may reject all eggs considered by him to be unfit for pulping.

(iv) No egg that is in an unsound or other abnormal condition shall be used.

(v) The preparation of the eggs shall be carried out under sanitary conditions approved by the Comptroller-General.

(vi) Egg pulp shall be packed only in clean new containers of a type approved by the Comptroller-General.


12 (B). The packing of eggs in shell intended for export shall be subject to the following conditions:

(i) Hen eggs only shall be packed, all other eggs shall be discarded.

(ii) The eggs shall be individually examined by the ‘candling’ process under the supervision of an officer and at premises approved of by the Comptroller-General.

(iii) Eggs which have been subjected to any preservative process or which have been placed in cold store prior to being submitted for export shall not be packed.

(iv) No egg which has a broken or damaged shell, or which is an unsound or other abnormal condition, shall be packed.

(v) The eggs shall be packet into two sizes, viz.,

(a) Not less than 15½ lbs net weight per each 10 dozen eggs, provided that no egg shall weigh less than 2 ozs. and

(b) Not less than 14 lbs net weight per each 10 dozen eggs, provided that no egg shall weigh less than 1¾ ozs.

The eggs in each box shall be fresh, clean, of uniform size and not mis-shapen.

(vi) An officer may reject any eggs considered by him to be unfit for export;

(vii) The eggs shall be packed in clean new cases constructed of well-seasoned softwood or hardwood that has been smoothly sawn or dressed in an approved manner, strapped with metal strapping or wire and sufficiently strong, in the opinion of the Collector, to withstand such handling as is ordinarily incidental to transport to destinations beyond the Commonwealth;

(viii) Each case shall contain thirty dozen eggs. Each egg shall be packed in a separate division constructed of white odourless wood pulp board. A pad of wood wool or other odourless substance approved by the Collector shall be placed at the bottom and top of each case and not less than one pad in the centre layer of eggs.

3. Paragraph (1) of Regulation 14 is amended by inserting after the words “Dried Milk Products” the following:—

Egg Pulp

Eggs in Shell.

4. Regulation 15 is amended by repealing paragraph (d) and inserting in its stead the following paragraph—

(d) The label or brand shall specify the net weight or quantity of the goods:

Provided that—

(i) In the case of tinned butter, if the statement

of net weight appears on the cases, marking on the tins will not be required;

(ii) In the case of cheese, a variation between the marked and the actual weights respectively to the extent, as regards crates marked as containing 160 1bs. net, of four pounds, and as regards marked weights greater or less than 160 lbs., in like proportions, shall not be deemed to be a false trade description in respect of weight; and

(iii) In the case of eggs in shell, the net weight per long hundred (10 dozen) as well as the total net weight of eggs contained in the box shall be specified.

5. Regulation 16 is amended by inserting after paragraph (i) the following paragraph

(j) In the case of egg pulp the trade description shall indicate whether the pulp is that of whole eggs or the white or yolk of egg.

6. Regulation 24 is repealed and the following Regulation is inserted in its stead—

24. Every person who intends to export any of the goods enumerated in these Regulations shall give to the Customs in accordance with Form 12 or 14 in the Second Schedule as the case requires, written notice as under:—

(a) in the case of butter (other than milled butter) egg pulp and eggs in shell, at least three clear working days;

(b) in the case of milled butter, at least seven clear working days; and

(c) in the case of all other goods, at least one clear working day;

before the proposed date of shipment.


7. Regulation 28 is amended by repealing paragraphs (1) and (2) and inserting in their stead the following paragraphs—

28 (1) When any of the following products shall have been inspected and examined in accordance with these regulations they shall after completion of such inspection and examination be placed in a cool store at an appointed place within such times and kept at such temperatures as are specified hereunder:—

Name of Product

Time within which product must be placed in a cool store

Temperature

Butter (other than tinned butter)

12 hours

Not exceeding 20 deg. Fah.

Cheese (other than tinned Cheese

12 ,,

Not exceeding 50 deg. Fah. nor below 33 deg. Fah.

Egg Pulp

4 ,,

Not exceeding 15 deg. Fah.

Eggs in Shell

24 ,,

Not exceeding 45 deg. Fah. nor below 32 deg. Fah.

(2) When the products enumerated in the immediately preceding paragraph shall have been placed in a cool store in accordance with the conditions specified they shall not be removed therefrom without the authority of an officer.

Provided that in the case of butter no authority shall be given for its removal from the cool store unless the temperature of such butter at time of removal is 25 degrees Fahrenheit or under.

8. The first Schedule to the Commerce (Export Dairy Produce) Regulations is amended by adding after the standard for Sterilized Cream, the following standards:—

EGG PULP

“Egg Pulp shall be prepared from fresh eggs only, and may contain—

In the case of liquid whole eggs, not more than 74 per cent moisture;

In the case of egg albumen, not more than 86 per cent moisture;

In the case of egg yolk, not more than 51 per cent moisture;

It shall not contain any other foreign substances or shell.

9. The Second Schedule to the commerce (Export Dairy Produce) Regulations is amended by adding after Form 29 the following Forms—

(Coat of Arms)          Form 30.

Commonwealth of Australia.

Certificate No.........

The Commerce (Trade Descriptions) Act 1905-1926.

 

Department of Trade and Customs.

EGGS IN SHELL.

This is to certify that ..............Eggs, branded ……………… and shipped per S.S. …………… to ………………… on …………… 19… have been graded and packed under supervision in accordance with Departmental regulations.

The minimum weight of any egg is 2 ozs. and the net weight per long hundred is not less than 15½ lbs.

Dated at ..................., in the State of …………… the…………… day of …………………19….

.............................

Examining Officer.

(This form to be printed on White paper).


(Coat of Arms)          Form 31.

Commonwealth of Australia.

Certificate No.........

The Commerce (Trade Descriptions) Act 1905-1926.

 

Department of Trade and Customs.

EGGS IN SHELL.

This is to certify that ..............Eggs, branded ……………………………… and shipped per

 S.S. …………………………………………. to …………………….………………….. on ……………….…………… 19… have been graded and packed under supervision in accordance with Departmental regulations. The minimum weight of any egg is 1¾ ozs., and the net weight per long hundred is not less than 14 lb.

Dated at ..................., in the State of …………… the…………… day of …………………19….

.............................

Examining Officer.

(This form to be printed on Blue paper).

 

Overview

The Statutory Rules 1927, No. 50, are Regulations made under the Customs Act 1901-1925 and the Commerce (Trade Descriptions) Act 1905-1926 by the Governor-General in Council, to address issues pertaining to the export of dairy products, including eggs. These Regulations amend existing standards and procedures for the export of dairy produce to ensure compliance with health and quality standards. The policy objective is to maintain the integrity and quality of Australian exports by setting forth rigorous inspection, handling, and packaging standards to prevent the exportation of substandard or unsanitary products. These Regulations introduce new definitions and detailed conditions for the inspection, preparation, and packaging of egg pulp and eggs in shell intended for export. They mandate specific examination processes, sanitary conditions, and weight standards to ensure the products meet export quality criteria. Furthermore, these Regulations establish requirements for the labelling and notice of export, ensuring transparency and compliance with trade descriptions. The amendments also include the introduction of new forms for certification and documentation to facilitate the export process.

Scope and Application

The Statutory Rules 1927, No. 50, made under the Customs Act 1901-1925 and the Commerce (Trade Descriptions) Act 1905-1926, establish regulations concerning the export of eggs in shell and egg pulp. These regulations apply to any individual or entity intending to export these goods from Australia, ensuring compliance with the stipulated standards and procedures. The scope of these regulations is national, encompassing all exporters within the Commonwealth. Notably, the Act does not explicitly state any exclusions or thresholds, implying that all exports of the specified goods must adhere to the outlined requirements. Subordinate instruments may extend or restrict the application of these regulations, although the primary rules set out in this statutory instrument are clear and comprehensive.

Key Provisions

The main operative sections of these Regulations under the Customs Act 1901-1925, and the Commerce (Trade Descriptions) Act 1905-1926, introduce specific requirements for the export of egg products. Regulation 1 introduces definitions for terms such as 'clean' and 'fresh' in relation to eggs, while Regulation 12 outlines the detailed procedures for the preparation and packing of egg pulp and eggs in shell intended for export. Regulation 14 lists the products subject to these Regulations, while Regulation 15 and 16 detail labelling and trade description requirements. Regulation 24 specifies the notice period required for exporting these goods, and Regulation 28 sets out the conditions for storing these products post-inspection. These Regulations impose several obligations on parties or entities involved in the export of egg products. For egg pulp, eggs must be individually examined by candling, broken by hand into approved cups, and prepared under sanitary conditions approved by the Comptroller-General. Only clean new containers approved by the Comptroller-General can be used for packing. For eggs in shell, they must be individually examined by candling, discarded if not hen eggs, not subjected to any preservative process, and packed in approved cases with specific weight requirements. Exporters must also provide written notice to Customs before shipment, with different timeframes depending on the product. Breach of these Regulations may result in civil or criminal consequences. For example, exporting products that do not meet the specified standards or without the required notice could result in fines or other penalties as prescribed by the relevant Acts. Although the exact penalties are not specified in these Regulations, they are likely to be detailed in the Customs Act 1901-1925 and the Commerce (Trade Descriptions) Act 1905-1926. Furthermore, failure to comply with the sanitary and preparation standards could also lead to product rejection, which might have commercial implications for the exporter.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.