Commerce (Export Dairy Produce) Regulations (Amendment)

Legislation au C1936L00085 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1936. No. 85.

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REGULATIONS UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933 AND THE CUSTOMS ACT 1901-1935.*

I, THE Deputy of 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 Commerce (Trade Descriptions) Act 1905-1933 and the Customs Act 1901-1935.

Dated this Twenty fourth day of June, 1936.

 

Deputy of the Governor-General.

By His Excellency’s Command,

Minister of State for Commerce and for and on behalf of the Minister of State for Trade and Customs.

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Amendments of the Commerce (Export Dairy Produce) Regulations.†

Commencement.

1. These Regulations shall come into operation on the first day of July, 1936.

Interpretation.

2. In these Regulations, any reference to a regulation or Schedule shall be read as a reference to a regulation or Schedule contained in the Commerce (Export Dairy Produce) Regulations, as amended to the date of commencement of these Regulations.

3. Regulation 8a is repealed and the following regulation inserted in its stead:—

Butter boxes.

“8a.—(1.) Boxes in which butter is packed for export shall, subject to sub-regulation (2.) of this regulation, be of the type known as the wirebound butter box, and shall comply with the following provisions:—

(a) The timber used in the making of the boxes shall be—

(i) New Zealand white pine;

(ii) North Queensland kauri pine; or

(iii) Queensland hoop pine which has been treated in a manner approved by the Secretary:

Provided that the Secretary may, subject to such conditions as he thinks fit, permit the use of other timbers.

 

* Notified in the Commonwealth Gazette on     June, 1936.

† Statutory Rules 1930, No. 132, as amended by Statutory Rules 1931, Nos. 82, 106 and 125; 1932, No. 77; 1933, Nos. 38 and 40 ; 1934, Nos. 6, 56 and 98 ; 1935, Nos. 65 and 132; and 1936, No. 66.

3027.—7/17.6.1936.—Price 5d.


(b) The boards used shall be of timber cut true to shape and shall be free from—

(i) bark, cracks, knot holes, and loose or decayed knots;

(ii) pockets of resin, sap stain, severe blue stain, mould and unclean marks; and

(iii) any other defects capable of materially lessening the strength of the boards or of allowing the contents of the box to suffer damage or contamination.

(c) The moisture content of the timber shall not exceed eighteen per centum, nor be less than ten per centum, based on the dry weight of the wood.

(d) The cross cut surfaces of any timber used shall be smoothly and neatly finished.

(e) The outside surfaces of the ends of each box shall be smoothly planed, or be of veneer finish, and the outside surfaces of the sides, top and bottom of each box shall be planed or smoothly sawn, or be of veneer finish.

(f) Except in respect of cleats used in the manufacture of the box, only one species of timber shall be used in each box.

(g) The boards comprising the ends, sides, top and bottom of each box shall—

(i) be not less than ¼ inch in thickness; and

(ii) consist of single pieces of timber, or of two or three-piece boards matched and closely jointed by the lap joint or tongue and groove jointing methods.

(h) All cleats used in the manufacture of the boxes shall—

(i) consist of clean timber dressed on the outer surface;

(ii) be free from knots;

(iii) match the timber used in the box;

(iv) be of hardwood, Queensland hoop pine, or (except in the case of side cleats) hemlock, approved by the Secretary;

(v) in the case of cleats of hardwood, be not less than ⅝ inch in thickness and ⅞ inch in width;

(vi) in the case of cleats of Queensland hoop pine or hemlock, be not less than ¾ inch in thickness and ⅞ inch in width; and

(vii) be of the half lap, mortise and ten on, or knuckle jointed type.

(i) The inside measurements of each box shall be as follows:—length—12¼ inches; width—12 inches; depth—11⅝ inches.

(j) Each box shall be bound with three galvanized iron wire bindings of not less than sixteen gauge wire, which shall be affixed to the box by staples.

(k) The staples fixing the end wires shall be ⅞ inch long, and shall be not less than sixteen gauge when hardwood cleats are used, and not less than one inch long when Queensland


hoop pine cleats are used. The staples on the centre wire shall be 7/16 inch long and not less than eighteen gauge, and shall be firmly clinched on the inside.

(l) There shall be not less than six staples fixing each wire to each of the sides, top and bottom of a box.

(m) One side edge of each side, top and bottom board of each box shall completely cover the side edge of the adjoining board, and the wire bindings shall be in tension when the several sections are folded for the purpose of obtaining a square tight corner.

(n) The end boards of each box shall be securely fastened to the cleats by not less than three galvanized nails of sixteen gauge approximately ¾ inch long, evenly spaced, and driven into each side cleat, and by one such nail driven into the bottom cleat of the box.

(o) The top board of each box shall be tightly closed and the ends of each binding wire shall be twisted tightly together and driven flat along the sides of the box.

(p) Each box shall be so assembled that every joint is light proof and dust proof.

(q) Each box shall be clean, and free from sawdust or other material likely to damage the contents.

(r) A box into which any butter has previously been packed shall not be used again for the same purpose.

(2.) Sub-regulation (1.) of this regulation shall not apply to tinned butter, which may be exported in cases of a type approved by the Secretary.”.

4. After regulation 8a the following regulation is inserted:—

Marking of top surface of butter.

“8b.—(1.) The top surface of the butter contained in each box shall bear an impression of a design approved by the Secretary.

(2.) The design shall be impressed by means of a roller 12 inches long by 12¼ inches in circumference.

(3.) In the case of choicest and first grade butter, the design shall include the word ‘Australia’ enclosed in a panel 10½ inches long by 3 inches wide (outside measurement) comprising a border ⅛ inch wide situated in the centre of the impression and surrounded by a honeycomb design, each section of which shall be ½ inch square by 3/16 inch deep. The word ‘Australia’ shall be in letters 2 inches high and the outline of each letter shall be ¼ inch wide. The word shall occupy 10 inches of the length of the panel.

(4.) In the case of butter other than choicest and first grade, the whole design shall consist of a honeycomb impression, each section of which shall be ½ inch square by 3/16 inch deep.”.

Additional description for butter.

5. Regulation 18 is amended—

(a) by omitting from paragraph (ii) of sub-regulation (b) the figures “92” and inserting in their stead the figures “93”; and

(b) by omitting from sub-regulation (f) all the words from and including the words “(iv) the number of boxes in


the churning” and inserting in their stead the following words:—

“(iv) figures indicating the number of boxes in the churning; and

(v) figures representing the day of the month and the month on which the butter was churned.

The marks shall be applied to the left-hand top corner of the ends of the boxes bearing the trade description by means of rubber stamps and violet coloured ink in figures ½ inch high by 3/16 inch thick. The marks referred to in paragraphs (i) to (iv) of this sub-regulation shall be in one line and shall be applied in the following order:—

(1) the number of the vat;

(2) the number of the churn;

(3) the number of boxes in the churning.

The marks referred to in paragraph (v) of this sub-regulation shall be applied immediately below the line containing the other marks.”.

Additional description for cheese.

6. Regulation 19 is amended—

(a) by omitting paragraph (i) and inserting in its stead the following paragraph:—

“(i) the word ‘coloured’ stamped in red ink, or the word ‘white’, stamped in violet ink, as the case may be, applied by means of a rubber stamp in letters ¾ inch high by ¼ inch thick on the ends of the crates immediately below the trade description;”;

(b) by omitting from paragraph (iii) the figures “92” and inserting in their stead the figures “93”;

(c) by omitting paragraphs (iv), (v) and (vi) and inserting in their stead the following paragraphs:—

“(iv) figures ⅞ inch high and ¼ inch thick, stamped in violet ink above the trade description by means of a rubber stamp, indicating, in one line, the number of the vat and the date of manufacture, and, immediately below that line, the number of crates from the vat; and

(v) figures indicating the number of the crate applied to the ends of the crates below the word ‘white’ or ‘coloured’, as the case may be.”.

Additional description for eggs in shell.

7. Regulation 24 is amended by adding at the end thereof the following words:—

“The number of the packer shall be stamped on the left hand lower corner of the branded ends in indelible violet coloured ink by means of a rubber stamp, and figures representing the day of the month and the month of packing shall be stamped in indelible violet coloured ink by means of a rubber stamp on the right hand lower corner of the branded ends without spacing between them. The numbers shall be ½ inch high and 3/16 inch wide.”.


8. Regulation 43 is repealed and the following regulation inserted in its stead:—

Butter grade standards.

“43. Butter submitted for export shall be graded in accordance with the following standards:—

Choicest Grade—Pure butter manufactured from pasteurized cream and graded at 93 to 100 points inclusive.

First Grade—Pure butter manufactured from pasteurized cream and graded at 90 to 92 points inclusive.

Second Grade—Pure butter graded at 86 to 89 points inclusive.

Pastry or Cooking Grade—Pure butter which is not rancid and which, in the opinion of the officer grading the butter, is fit for export and is graded at 80 to 85 points inclusive.”.

9. Regulation 43a is repealed and the following regulation inserted in its stead:—

Grade standards for whey butter.

“43a. Whey butter submitted for export shall be graded in accordance with the following standards:—

First Grade—Pure butter graded at 90 to 92 points inclusive.

Second Grade—Pure butter graded at 86 to 89 points inclusive.

Cooking grade—Pure butter graded at 80 to 85 points inclusive.”.

10. Regulation 45 is repealed and the following regulation inserted in its stead:—

Cheese grade standards.

“45. Cheese submitted for export shall be graded in accordance with the following standards:—

Choicest Grade—Pure cheese graded at 93 to 100 points inclusive.

First Grade—Pure cheese graded at 90 to 92 points inclusive.

Second Grade—Pure cheese graded at 86 to 89 points inclusive.

Third Grade—Pure cheese graded at 80 to 85 points inclusive.”.

First Schedule.

11. The First Schedule is amended by omitting from the standard for Butter the figures “92” and inserting in their stead the figures “90”.

Second Schedule.

12. The Second Schedule is amended—

(a) by omitting from Form 7 the figures “92” and inserting in their stead the figures “93”;

(b) by omitting from Form 8 the figures “89—91” and inserting in their stead the figures “90—92”;

(c) by omitting from Form 9 the figures “88” and inserting in their stead the figures “89”;

(d) by omitting from Form 11 the figures “92” and inserting in their stead the figures “93”;

(e) by omitting from Form 12 the figures “89—91” and inserting in their stead the figures “90—92”; and

(f) by omitting from Form 13 the figures “88” and inserting in their stead the figures “89”.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1936 No. 85 were enacted under the authority of the Commonwealth of Australia to amend regulations concerning the export of dairy products, specifically butter and cheese, as well as eggs in shell, under the Commerce (Trade Descriptions) Act 1905-1933 and the Customs Act 1901-1935. These regulations were introduced to address the need for standardised packaging and quality control for dairy products exported from Australia, ensuring that products met specific standards and were accurately described and marked for international trade. The objective of these regulations was to maintain the integrity and reputation of Australian dairy products on the global market by enforcing strict quality controls and trade descriptions. The regulations were made by the Deputy of the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council.

Scope and Application

These Regulations, made under the Commerce (Trade Descriptions) Act 1905-1933 and the Customs Act 1901-1935, apply specifically to the export of dairy produce, notably butter, cheese, and eggs in shell, within the Commonwealth of Australia. They dictate the requirements for the packaging and marking of these goods to ensure they meet specific quality and safety standards before export. The Regulations cover entities involved in the production, packaging, and exporting of these dairy products, imposing mandatory specifications on the materials and methods used for packaging, as well as the information that must be displayed on the packaging. The scope of these Regulations is national, applying across all states and territories of Australia. However, the Secretary has the discretion to permit the use of timbers other than those specified, subject to conditions he deems appropriate. These Regulations are subject to amendments and further specifications through subordinate instruments, ensuring they can adapt to changing circumstances or requirements.

Key Provisions

The Regulations, under the Commerce (Trade Descriptions) Act 1905-1933 and the Customs Act 1901-1935, introduce specific provisions for the export of butter, cheese, and eggs in shell, effective from 1 July 1936. These Regulations amend and update existing rules, particularly focusing on the quality, packaging, and marking requirements for dairy products intended for export. They include detailed specifications for the materials and construction of butter boxes, the design and impression to be made on the top surface of butter, and the additional descriptive marks to be applied to dairy products. For butter, the Regulations stipulate that the boxes must be made of specific types of timber, with strict requirements on the quality and condition of the timber used, including restrictions on moisture content and the absence of defects. The boxes must also be constructed with precise measurements and bindings, ensuring they are light proof, dust proof, and free from contaminants. The top surface of the butter must bear an approved design, with specific requirements for the inclusion of the word "Australia" for choicest and first grade butter. The Regulations also detail the grading standards for butter and whey butter, setting out the quality points required for different grades. For cheese, the Regulations require specific descriptive marks on the crates, including the colour of the cheese and the number of the vat, the date of manufacture, and the number of crates from the vat. The Regulations also specify the grading standards for cheese, distinguishing between choicest, first, second, and third grades based on quality points. For eggs in shell, the Regulations mandate that the number of the packer and the date of packing must be stamped on the branded ends of the containers. These provisions ensure that all exported dairy products meet certain quality and descriptive standards, facilitating transparency and consumer protection in international trade. The Regulations impose several obligations on the parties involved in the export of these products. Exporters must ensure that the butter, cheese, and eggs are packaged in accordance with the specified requirements, including the use of approved materials and construction methods for packaging containers. They must also apply the required descriptive marks and grading indicators to the products, ensuring that all information is accurate and clearly visible. Failure to comply with these requirements may result in the products being deemed unfit for export, potentially leading to financial losses and reputational damage. The Regulations do not explicitly outline offences, penalties, or consequences for non-compliance. However, under the parent Acts, non-compliance with regulations governing trade descriptions and customs could potentially lead to civil or criminal penalties, including fines and imprisonment. The exact penalties would depend on the specific nature of the breach and the provisions of the relevant Acts. Compliance with these Regulations is essential to avoid any legal repercussions and to ensure the smooth operation of international trade in these products.

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