Commerce (Export Dairy Produce) Regulations (Amendment)

Legislation au C1932L00077 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1932. No. 77.

 

REGULATIONS UNDER THE CUSTOMS ACT 1901-1930 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1930.

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 1901-1930, and the Commerce (Trade Descriptions) Act 1905-1930, to come into operation forthwith.

Dated this twenty-eighth day of July, 1932.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

C. A. S. HAWKER

Minister of State for Commerce,

and for and on behalf of the

Minister of State for Trade and Customs.

 

Amendment of Commence (Export Dairy Produce) Regulations.

(Statutory Rules 1930, No. 132, as amended to this date.)

1. Regulation 7 of the Commerce (Export Dairy Produce) Regulations is amended—

(a) by omitting the word “and” (first occurring); and

(b) by inserting, after the word “cheese”, the words “and egg pulp”.

2. Regulation 12 of the Commerce (Export Dairy Produce) Regulations is repealed and the following regulation inserted in its stead:—

“Packing and preparation egg pulp.

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

(i) All eggs shall be individually examined by the candling process before being placed in the room where the actual breaking of the eggs and packing of the pulp into containers takes place;

(ii) No egg that is in an unsound or other abnormal condition shall be used in the preparation of egg pulp;

(iii) The eggs shall be broken by hand into a vessel of a type approved by an officer or by other method approved of by the Secretary;

(iv) Egg pulp shall be blended, emulsified and strained by a method approved of by the Secretary;

(v) Egg pulp shall be packed only in clean new containers of a type approved of by the Secretary;

2239.—Price 3d.


(vi) Egg pulp must be hard frozen within twenty-four (24) hours after being placed in the refrigeration chamber, the temperature of which shall not exceed 5 degrees Fahrenheit.

(vii) The preparation of egg pulp shall be carried out under sanitary conditions approved of by the Secretary.”

3. Regulation 13 of the Commerce (Export Dairy Produce) Regulations is amended by omitting from paragraph (a) the words “under the supervision of an officer, and”.

4. Regulation 35 of the Commerce (Export Dairy Produce) Regulations is amended by omitting the figures “15” and inserting in their stead the figure “5”.

5. Regulation 36 of the Commerce (Export Dairy Produce) Regulations is amended by omitting the proviso therein and inserting in its stead the following proviso:—

“Provided that no authority shall be given for removal from the Cool Stores for exportation unless the temperature of the goods at time of removal is—

(a) In the case of butter 20 degrees Fahrenheit or under.

(b) In the case of egg pulp 12 degrees Fahrenheit or under.”.

6. Regulation 59 of the Commerce (Export Dairy Produce) Regulations is amended by inserting after the word “butter” (wherever occurring) the words “egg pulp”.

7. Forms 15, 17 and 18 of the Second Schedule to the Commerce (Export Dairy Produce) Regulations are repealed and the following forms inserted in their stead:—

Reg. 51 Form 15.

Certificate No....

Commonwealth of Australia.

The Customs Act 1901-1930.

The Commerce (Trade Descriptions) Act 1905-1930.

Commerce (Export Dairy Produce) Regulations.

Department of Commerce.

EGGS IN SHELL.

This is to certify that the eggs described hereunder have been examined and found upon examination of packages selected at random to be fresh and packed and graded in accordance with the Commerce (Export Dairy Produce) Regulations.

The minimum weight of any egg is .........oz. and the net weight per ten dozen eggs is not less than               lbs.

Description of eggs.

No. of cases each doz.

Brands.

Vessel.

Destination.

Date of Shipment.

 

 

 

 

 

 

Dated at.....................in the State of...............the.......day of

............., 19.

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

Dairy Officer.

[This form to be printed on white paper.]

Reg. 59 Form 17.

Commonwealth of Australia.

The Customs Act 1901-1930.

The Commerce (Trade Descriptions) Act 1905-1930

Commerce (Export Dairy Produce) Regulations.

APPLICATION FOR REGISTRATION OF EXPORT ESTABLISHMENT IN RESPECT OF BUTTER, CHEESE OR EGG PULP.

To...................

Port of.............

State of.............

I [or We] (1)...............................of (2)....................

hereby make application in pursuance of the Commerce (Export Dairy Produce) Regulations for the registration of the (3)               situated at              for the

year ending 30th June, 19.... as an Export Establishment in the State of............for the preparation and manufacture of *              intended for export, and I [or we] declare—

(а) that I [or we] are the of the said Establishment; and

(b) that the said Establishment will be constructed and equipped to the satisfaction of the Secretary, Department of Commerce, and operated in such a way as to enable the preparation and manufacture of *              intended for export to be carried out in an efficient and hygienic manner.

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

Signature(s) of applicant(s).

Dated this.........................day of............19.

(1) Here insert full name of applicant.

(2) Here insert address of applicant.

(3) Here insert name of export establishment.

* Insert the words butter, cheese or egg pulp as the case may be.

† Strike out word which does not apply.

 

Reg. 59 Form 18.

Commonwealth of Australia.

Registration No......

The Customs Act 1901-1930.

The Commerce (Trade Descriptions) Act 1905-1930.

Commerce (Export Dairy Produce) Regulations.

Department of Commerce.

CERTIFICATE OF REGISTRATION OF EXPORT ESTABLISHMENT IN RESPECT

OF ................

This is to certify that in pursuance of the Commerce (Export Dairy Produce) Regulations an Establishment known as the              situated at               and by              has been registered for the year ending 30th

June, 19..., as an Export Establishment in the State of .............. for the preparation and manufacture of              intended for export.

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

*Secretary Department of Commerce.

*For or on behalf of the Secretary,

Department of Commerce.

Dated this...........day of............19...

* Strike out words which do not apply.

 

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

Overview

The Statutory Rules 1932, No. 77, made under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1930, introduce amendments to the existing Commerce (Export Dairy Produce) Regulations. This legislative instrument, enacted by the Governor-General with the advice of the Federal Executive Council, seeks to address specific concerns related to the export of dairy products, particularly egg pulp, by updating and refining the standards and procedures for their preparation, packing, and export. The policy objective behind these regulations is to ensure that Australian dairy exports meet high standards of quality and hygiene, thereby safeguarding the nation's reputation in international markets and protecting consumer health.

Scope and Application

The Statutory Rules 1932, No. 77, made under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1930, applies to the export of dairy produce, specifically butter, cheese, and egg pulp, from Australia. These regulations govern the standards and procedures for the examination, preparation, and packing of these products intended for export. The regulations apply to all persons and entities involved in the preparation and export of dairy produce, including manufacturers, packers, and exporters. The geographic reach of these regulations is national, applying to all states and territories within Australia. The regulations provide specific requirements for the sanitary conditions, examination, and temperature controls for the export of butter, cheese, and egg pulp, including amendments to the examination process, packing conditions, and temperature requirements for export. These regulations also include provisions for the registration of export establishments and the issuance of necessary certificates. The application and scope of these regulations can be further extended or restricted through subordinate instruments, ensuring compliance with the standards set forth.

Key Provisions

The statutory rules set forth amendments to the Commerce (Export Dairy Produce) Regulations under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1930. These amendments primarily focus on the regulation of egg pulp intended for export, aligning it with the standards set for other dairy products like cheese and butter. Regulation 7 now includes "egg pulp" alongside other dairy products (Regulation 1), while Regulation 12 details specific packing and preparation requirements for egg pulp (Regulation 2). These requirements include candling eggs before breaking them, using only sound eggs, breaking eggs by hand or approved methods, blending and straining egg pulp by approved methods, and packing egg pulp in clean, approved containers (Regulation 2(i)-(v)). Egg pulp must be frozen within 24 hours of placement in the refrigeration chamber at a specified temperature (Regulation 2(vi)), and the preparation must occur under sanitary conditions approved by the Secretary (Regulation 2(vii)). Regulation 13 now removes the requirement for officer supervision during the removal of egg pulp from cool stores (Regulation 3). Regulation 35 reduces the minimum number of samples required for inspection from 15 to 5 (Regulation 4), and Regulation 36 sets specific temperature limits for butter and egg pulp at the time of removal for export, with butter not exceeding 20 degrees Fahrenheit and egg pulp not exceeding 12 degrees Fahrenheit (Regulation 5). Regulation 59 now includes egg pulp in its provisions (Regulation 6), and new forms for certification and registration have been introduced to replace the old forms 15, 17, and 18 (Regulation 7). The obligations imposed by these regulations on parties involved in the export of dairy products, including egg pulp, are significant. Export establishments must ensure that all eggs are examined, only sound eggs are used, and that egg pulp is prepared and packed in accordance with the detailed provisions set out in Regulation 12 (Regulation 2(i)-(vii)). Establishments must also ensure that the temperature of the egg pulp does not exceed 12 degrees Fahrenheit at the time of removal for export (Regulation 5). Additionally, these establishments must apply for and obtain registration as an Export Establishment from the Secretary, Department of Commerce, and comply with the conditions of such registration (Regulation 59 and Forms 17 and 18). Breach of these regulations could result in serious consequences. Although the specific penalties are not detailed in the provided text, under the Customs Act 1901-1930 and the Commerce (Trade Descriptions) Act 1905-1930, non-compliance could lead to fines and other penalties as prescribed by these Acts. The exact penalties would depend on the nature and severity of the breach, but they could include substantial financial penalties and, in some cases, criminal charges for more severe violations. The enforcement of these regulations is intended to protect public health and ensure the quality and safety of exported dairy products.

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