Commerce (Export Dairy Produce) Regulations (Amendment)

Overview

The Statutory Rules 1922 No. 95, enacted under the Commerce (Trade Descriptions) Act 1905, addresses the need for clear and accurate labelling of dairy products, particularly pastry butter, to protect consumers from being misled about their quality and intended use. This legislative instrument, issued by the Governor-General in accordance with the Federal Executive Council's advice, specifies that pastry butter must be labelled with either "Not fit for ordinary table use" or "For cooking" in prominent characters, replacing earlier requirements. The policy objective is to ensure that consumers are not deceived regarding the fitness of dairy products for their intended use, thus enhancing consumer protection and market integrity.

Scope and Application

The statutory rules outlined in the legislative instrument C1922L00095 pertain to the regulation of trade descriptions under the Commerce (Trade Descriptions) Act 1905. This regulation is specifically concerned with the amendment of the Commerce (Export Dairy Produce) Regulations 1921, focusing on the labelling requirements for pastry butter. The legislation applies to entities involved in the export of dairy products, particularly pastry butter, ensuring that these products are accurately described to prevent consumer deception. The geographic scope of this regulation is national, as it pertains to the Commonwealth of Australia, with the stated purpose of maintaining fair trade practices and ensuring consumer safety through clear labelling. This legislative instrument also provides for the exclusion of certain descriptions unless explicitly stated, such as the requirement for pastry butter to be labelled as "Not fit for ordinary table use" or "For cooking," ensuring transparency in the labelling of such products for export purposes. The regulation extends its application through the amendment of previous statutory rules, thereby modifying existing standards to include more stringent labelling requirements.

Key Provisions

The main operative sections of this legislation involve amendments to the Commerce (Export Dairy Produce) Regulations 1921, specifically altering the trade descriptions for pastry butter. Regulation 8(f) is repealed and replaced with a new requirement that the trade description for pastry butter must include either the words "Not fit for ordinary table use" or "For cooking", which must be fire-branded in prominent characters (Reg. 1). This amendment ensures that consumers and importers are clearly informed about the suitability of the butter for consumption or cooking purposes. The obligations imposed by these regulations on parties involved in the trade of pastry butter are clear and specific. Exporters must ensure that the trade description on any pastry butter they export clearly indicates its intended use, either as "Not fit for ordinary table use" or "For cooking". This labelling requirement is intended to prevent any misunderstanding about the product's suitability for consumption and to protect both consumers and the reputation of Australian dairy products abroad. Breach of these regulations can lead to various consequences. The legislation does not explicitly state penalties, but under the parent act, the Commerce (Trade Descriptions) Act 1905, breaches of trade description regulations can result in criminal charges. Offenders could face fines, imprisonment, or both, depending on the severity and intent of the breach. The maximum penalties for such offences can include fines of up to $12,000 for individuals and $60,000 for corporations, along with potential imprisonment terms. These stringent penalties underscore the importance of compliance with the trade description requirements outlined in the regulation.