STATUTORY RULES.
1924. No. 21.
REGULATIONS UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905.
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 Commerce (Trade Descriptions) Act 1905, to come into operation forthwith.
Dated this sixth day of February, 1924.
FORSTER,
Governor‑General.
By His Excellency’s Command,
AUSTIN CHAPMAN,
Minister of State for Trade and Customs.
Amendment of Commerce (Exports) Regulations.
(Being Statutory Rules 1921. No. 207, as amended to this date.)
1. Regulation 8 of the Commerce (Exports) Regulations 1921, is amended by omitting paragraph (c) of sub‑regulation (1), and inserting in its stead the following paragraph—
“(c) In the case of fresh fruit, being apples or pears, the trade description shall set out in letters or figures of not less than one‑quarter of an inch in height if on printed paper labels, and not less than three‑quarters of an inch if stenciled on cases—
(i) the variety of the apples or pears contained in each case;
(ii) the grade and minimum size of the apples or pears contained in each case, viz:—
‘Special’—not under 2¼ inches;
‘Standard’—not under 2¼ inches (or 2 inches in the case of varieties, which, in the opinion of the Collector, may be regarded as normally small);
‘Plain’—not under 2 inches (in the case of apples only); or
‘Blemished’—not under 2 inches (in the case of apples only); and
(iii) there shall also be set out on one end of the package in letters of not less than one‑half inch in height the grower’s name (or registered brand), or in the case of a firm or corporation the firm or corporate name (or registered brand):
C.1688.—Price 3d.
Provided that the trade description may state that the apples or pears are of a larger size than the minimum specified for the grade, but in that case there shall not be a variation of more than one‑quarter of an inch in the actual size of the fruit (i.e., no fruit shall be more than one‑eighth of an inch above or below the size stated).
Provided further that in the case of ‘Blemished’ apples the grade shall be set out in letters of not less than three‑quarters of an inch in height, if on printed paper labels, and not less than one and a half inches if stencilled on cases. Such marking or stencilling to be in red colour and the remainder of the marking or stencilling to be of a colour other than red.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1924 No. 21, enacted under the authority of the Governor-General in Council, amends the Commerce (Exports) Regulations 1921. These Regulations were introduced to ensure clarity and transparency in the trade descriptions of fresh fruit exports, specifically apples and pears, aligning with the provisions of the Commerce (Trade Descriptions) Act 1905. The policy objective of these amendments is to mandate clear and precise information on export consignments, including the variety, grade, size, and source of the fruit. This legislative instrument aims to enhance consumer protection and facilitate fair trading practices by providing detailed labelling requirements for fresh fruit exports, thereby addressing potential issues of misrepresentation and ensuring that consumers and importers receive accurate information about the quality and origin of the products they purchase.
Scope and Application
The Trade Descriptions Regulations 1924, established under the Commerce (Trade Descriptions) Act 1905, are designed to ensure clarity and accuracy in the trade descriptions of exported goods, specifically targeting fresh fruit such as apples and pears. These regulations apply to the entities involved in the export of these fruits, mandating that the trade description on labels or cases must specify the variety, grade, and minimum size of the fruit, as well as the name of the grower or the firm. This requirement aims to provide consumers with transparent and precise information about the products they purchase, thereby protecting them from misleading descriptions. The regulations have a national reach, applying across the Commonwealth of Australia, and are enforced through subordinate instruments, ensuring consistency and compliance in the exportation of these goods. The regulations also include provisions for permissible variations in fruit size and special requirements for blemished apples, ensuring that all descriptions are both accurate and prominently displayed.
Key Provisions
The primary operative sections of these Regulations pertain to the amendment of Regulation 8 under the Commerce (Exports) Regulations 1921, focusing on the trade descriptions for fresh fruit, specifically apples and pears. As per section 1 of the Statutory Rules, Regulation 8 now requires that trade descriptions for apples and pears must include certain details when exported. The variety of fruit, the grade and minimum size of the fruit, and the grower’s name or the firm or corporate name must be clearly indicated. These descriptions must meet specific size requirements and use specific colours for certain information, particularly for the grade of blemished apples.
These Regulations impose specific obligations on the entities involved in the export of fresh fruit, ensuring that all trade descriptions adhere to the new stipulations. For instance, the variety of apples or pears, their grade, and minimum size must be clearly and legibly stated on the packages. Additionally, the grower’s name or the firm or corporate name must be prominently displayed. The Regulations also specify the minimum font sizes and colours to be used for different pieces of information, with particular emphasis on the visibility and legibility of the grade for blemished apples.
Violations of these Regulations can lead to civil and criminal consequences. While the specific penalties are not detailed in the excerpt, it is reasonable to infer that non-compliance with trade description requirements could result in penalties under the Commerce (Trade Descriptions) Act 1905. This could include fines or other sanctions for those who fail to adhere to the stipulated guidelines, ensuring that all exported fresh fruit meets the specified trade description standards.