Commerce (Export Dairy Produce) Regulations (Amendment)

Overview

The Statutory Rules 1937 No. 115, enacted by the Governor-General on behalf of the Federal Executive Council, amends the Commerce (Export Dairy Produce) Regulations under the Commerce (Trade Descriptions) Act 1905-1933 and the Customs Act 1901-1936. These regulations address specific requirements for the packaging and labelling of exported dairy products, particularly butter and cheese, to ensure that they meet the standards and quality expectations of importing countries. The primary objective of these amendments is to maintain and enhance the reputation of Australian dairy products in the international market by enforcing stringent packaging and labelling standards. This legislative instrument was introduced to rectify inconsistencies and update the regulatory framework governing the export of dairy produce, ensuring compliance with international trade agreements and consumer protection standards.

Scope and Application

The Statutory Rules 1937, No. 115, made under the authority of the Commerce (Trade Descriptions) Act 1905-1933 and the Customs Act 1901-1936, primarily concern the export of dairy products, specifically butter and cheese, with amendments to the Commerce (Export Dairy Produce) Regulations. These regulations apply to entities involved in the export of dairy products, such as exporters, manufacturers, and packers, ensuring that the products meet specific quality and packaging standards before they are exported. The geographic reach of these regulations is national, as they govern the practices across the Commonwealth of Australia. The regulations provide detailed specifications on how butter must be packed, including the use of pure dry vegetable parchment paper and approved markings on coverslips, and set out conditions for the use of Queensland hoop pine in butter boxes. Additionally, the regulations mandate that cheese exported to Great Britain must adhere to certain conditions and restrictions, particularly after a specified date in 1938. These amendments ensure that Australian dairy exports meet international standards and maintain their reputation in overseas markets.

Key Provisions

The main operative sections of these Regulations under the Commerce (Trade Descriptions) Act 1905-1933 and the Customs Act 1901-1936 concern the specifications for packaging butter for export and marking the top surface of butter in export boxes. Regulation 8(2) specifies that each box containing butter must be lined with pure dry vegetable parchment paper to prevent direct contact with the timber of the box, and the top surface of the butter must be covered with a sheet of plain, dry parchment paper, referred to as the coverslip. The coverslip must measure 12 inches by 12 inches and bear the appropriate markings depending on the quality of the butter. Regulation 8(b) mandates that Queensland hoop pine used in the boxes must either be treated in a manner approved by the Secretary or that the boxes must be lined with parchfoil of a quality approved by the Secretary. Regulation 8(b)(4) now allows butter bearing the design prescribed for choicest butter to retain that design if it is graded by an officer at 91 or 92 points. These Regulations impose specific obligations on exporters of dairy produce, particularly butter and cheese. Exporters must ensure that butter is packed in boxes lined with pure dry vegetable parchment paper and that the top surface of the butter is covered with an appropriately marked coverslip. Additionally, if Queensland hoop pine is used in the construction of the boxes, it must be treated in a manner approved by the Secretary or the boxes must be lined with parchfoil of an approved quality. For cheese exported to Great Britain, at least half of each consignment exported before 30 June 1938 and all consignments exported after that date must comply with specified conditions and restrictions. The Regulations do not explicitly state offences, penalties, or civil/criminal consequences for breaches. However, given the context of the underlying Acts, non-compliance with these Regulations could potentially lead to penalties under the Commerce (Trade Descriptions) Act 1905-1933 or the Customs Act 1901-1936, which could include fines or other sanctions. The specific penalties would depend on the nature and severity of the breach, as well as any additional legislative provisions that may apply.