STATUTORY RULES.
1922. No. 7.
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, except paragraph (c) of sub-regulation (1) of regulation 8, which shall come into operation on and from the first day of November, One thousand nine hundred and twenty-two.
Dated this twelfth day of January, 1922.
FORSTER,
Governor-General.
By His Excellency’s Command,
ARTHUR S. RODGERS,
Minister of State for Trade and Customs.
Amendment of Commerce (Exports) Regulations 1921.
(Statutory Rules 1921, No. 207, as amended to this date.)
1. Regulation 3 of the Commerce (Exports) Regulations 1921 is amended—
(a) by inserting, after the definition of “Appointed place”, the following definitions:—
“‘Clean’ (in relation to dried fruit and dried vegetables) means free from stalks, dirt, sand, &c.;
‘Clean’ (in relation to maize and seeds) means free from seeds other than those named in the trade description and from other foreign substances such as chaff, stalks, soil, &c.”; and
(b) by inserting, after the definition of “Food”, the following definitions:—
“‘Fresh’ (in relation to dried fruit and dried vegetables) means that the goods are the product of the latest crop, and in prime condition.”
“‘Fresh’ (in relation to maize and seeds) means that the germinating power of the seed has not been impaired by age or other cause.”
2. Regulation 6 of the Commerce (Exports) Regulations 1921 is amended by omitting therefrom the words “Vegetables, fresh (including potatoes)”, and inserting in their stead the words “Vegetables, fresh (including onions and potatoes)”.
C.3.—Price 3d.
3. Regulation 8 of the Commerce (Exports) Regulations 1921 is repealed, and the following regulation inserted in its stead:—
“Trade Description—Additional Requirements in Certain Cases.
8. (1) In the case of the following goods the trade description shall, in addition, comply with the following provisions:—
am 1922/22
(a) in the case of boots and shoes manufactured wholly or partly from leather or any imitation thereof, the trade description shall set out the principal material from which they are made, and, unless the soles are solid leather, without admixture or addition other than ordinary fillers of cork or of waterproofed felt, shall state the nature of the admixture or addition, and a statement of the material or materials composing the sole shall, in addition, be conspicuously, legibly, and indelibly stamped upon or impressed into the outer surface of the sole of each boot or shoe;
(b) In the case of egg pulp, the trade description shall indicate whether the pulp is that of whole eggs, white or yolk of eggs;
(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 ¼ inch in length if on printed paper labels and not less than ¾ inch if stencilled on cases:—
(i) The size or number of the apples or pears contained in each case, provided that there shall not be a variation of more than one-quarter of an inch (that is one-eighth of an inch above or below the marked size);and
(ii) whether the apples or pears are—
“A” Grade,
“B” Grade, or
“C” Grade;
and the trade description shall set out the initials of the christian name and full surname and address and State of the grower or exporter (or registered, brand), or in the case of a firm or corporation the firm or corporate name and address (or registered brand) on one end of the package in letters of not less than ½ inch in length.
(d) In the case of fruit pulp—
(i) the label shall be clearly and legibly printed and affixed in a prominent position to the container, and there shall be included in the trade description in bold and legible characters of not less than ⅜ of an inch in length, the word “Pulp” and the name of the fruit from which the pulp has been prepared; and
(ii) on the immediate container, if made of tin plate, there shall be impressed an indication of the season and month of manufacture in a form approved by the Comptroller-General, e.g., “1.22” to indicate January, 1922.
(e) In the case of preserved fruit—
(i) the name of the fruit shall be set out in the trade description in bold and legible characters of not less than ⅜ of an inch in length, and, if any pictorial representation of fruit is included in the trade description, it shall be a representation of the kind of fruit contained in the package to which the pictorial representation is applied;
(ii) being apricots, peaches (in halves or in slices) or pears, the trade description shall state whether the fruits are—
“Fancy,”
“Choice,” or
“Standard.”
(iii) being plums, cherries, or pineapples, the trade description shall state whether the fruits are—
“Fancy,” or
“Choice”;
(iv) being peaches, it shall be stated in the trade description whether the fruit has been quartered or sliced, and whether they are of the “Clingstone” or “Freestone” variety;
(v) being cherries, it shall be stated in the trade description whether they are white, red, or dark-red in colour;
(vi) being apples or quinces, it shall be stated in the trade description whether or not the fruits have been sliced and cored.
(vii) being pineapples, it shall be stated in the trade description whether the fruit is in a single piece, or whether it is in slices, chunks, cubes, or quarter slices;
(viii) being of the undermentioned varieties the name of the variety shall, in addition to the name of the fruit, be stated in the trade description, viz.:—
Peaches.—Clingstone variety:—Goodman’s Choice.
Pears.—Bartlett.
(f) in the case of honey, it shall be stated whether the honey is white, light amber, medium amber, or dark.
(g) In the case of jam—
(i) the trade description shall include in bold legible characters of not less than ⅜ of an inch in length the word “Jam,” “Conserve,” “Marmalade” or “Fruit Jelly” and the name of the fruit or fruits from which the product has been made;
(ii) if a label includes the pictorial representation of any one kind of fruit, the pictorial representation shall be deemed to be part of the trade description of the jam in connexion with which it is used; but the pictorial representation on a label of several kinds of fruit shall not be deemed to be part of the trade description; and
(iii) in the trade description of mixed jam the names of the constituent fruits shall be set forth in the trade description in order corresponding to the proportions in which they are present, the name of the fruit used in greatest proportion in the manufacture of the jam being placed first.
(iv) Where more than one variety of fruit is used in making jam (other than in the form of added fruit juice not exceeding 5 per cent.), each such variety must be mentioned in the trade description, but where, any fruit or fruits contained in such jam is less than 25 per cent. of the total fruit content, the name of such fruit or fruits shall be, prefaced in the trade description by the words “flavoured with” in such form as to be easily readable by the buyer. The provisions of this clause shall not apply to jam sold under the description of mixed jam or mixed fruit jam.
(h) in the case of leather containing any loading of any mineral or other weighting substance, the trade description shall include a statement setting out the name of each loading substance contained in the leather, and the percentage thereof:
Provided that the following shall not be deemed to be loading substances within the meaning of this paragraph:—Glucose and sugar to the extent of not more than 5 per cent., taken together, and fats and oils used in the manufacture and preparation of the leather.
(i) In the case of maize and seeds, the trade description shall specify their condition as to soundness, cleanness, and freshness*; and in the case of lucerne seed, the trade description shall, in addition, specify the names of the State and district of origin, also the year in which the seed was produced.
(j) In the case of dried fruits and dried vegetables, the trade description shall specify their condition, as to soundness, cleanness, and freshness.*
* Note.—Trade descriptions as to soundness, cleanness, and freshness are to be interpreted as follow (see regulation 3):—
“Sound” as indicating freedom from disease (as defined in regulation 3), and from damage or decay.
“Clean” (in relation to dried fruit and dried vegetables), as indicating freedom from stalks, dirt, sand, &c.
“Clean” (in relation to maize and seeds), as indicating freedom from seeds other than those named in the trade description, and from other foreign substances, such as chaff, stalks, soil, &c.
“Fresh” (in relation to maize and seeds), as indicating that the germinating power of the seed has not been impaired by age or other cause.
“Fresh” (in relation to dried fruits and dried vegetables), as indicating that the goods are the product of the latest crop, and in prime condition.
(2) The grade designations specified in sub-paragraph (ii) of paragraph (c) and sub-paragraphs (ii) and (iii) of paragraph (e) of the last preceding sub-regulation shall, unless it is otherwise expressly stated in the trade description, be deemed to indicate that the fruit has been prepared in accordance with the conditions of preparation prescribed by regulations under the Customs Act 1901-1920.
4. Regulation 15 of the Commerce (Exports) Regulations 1921 is repealed, and the following regulation inserted in its stead:—
“Exports Exempted from Regulations.
15. These Regulations shall not apply to parcels of seeds not exceeding 3 lbs. in weight exported by post.”
5. Regulation 21 of the Commerce (Exports) Regulations 1921 is amended—
(a) by omitting the figure “3” in paragraph (c) thereof, and inserting in its stead the figure “5”; and
(b) by inserting in paragraph (e) thereof, after the word “soundness” the word “cleanness”.
6. Regulation 23 of the Commerce (Exports) Regulations 1921 is hereby repealed, and the following regulation inserted in its stead:—
Cool Stores.
23. When egg pulp and rabbits and hares have been inspected and examined in accordance with these Regulations, they shall, within four hours after inspection and examination, be placed in cool store at an “Appointed Place”, at a temperature not exceeding 15 degrees Fahrenheit in the case of egg pulp, and not exceeding 10 degrees Fahrenheit in the case of rabbits and hares, and shall not be removed therefrom without the authority of an officer.
7. Regulation 28 of the Commerce (Exports) Regulations 1921 is amended by omitting therefrom the word “classify” and inserting in its stead the word “grade”.
8. Regulation 29 of the Commerce (Exports) Regulations 1921 is amended—
(a) by omitting the word “classify” and inserting in its stead the word “grade” and
(b) by omitting the word “Class” (wherever occurring) and inserting in its stead the word “Grade”, and
(c) by omitting the word “classified” and inserting in its stead the word “graded”.
9. The first schedule to the Commerce (Exports) Regulations 1921 is amended—
(a) by omitting therefrom the standards relating to jam, marmalade, and mixed jam, and inserting the following standards in their stead:—
“Jam.
Jam (other than mixed jam and marmalade) shall be the product obtained by boiling some one kind of sound fruit with cane and/or beet sugar; it shall contain no added substance other than apple juice not exceeding 5 per cent., and in the case of raspberry, strawberry, or plum jam, no added substances other than harmless colouring matter; the water soluble extract of the jam shall not be less than 65 per cent. of the jam by weight, and shall contain not less than 50 per cent. of added sugar.”
“Marmalade.
Marmalade shall be the product obtained by boiling sound citrus fruit or fruits with cane and/or beet sugar; it shall contain no added substances except glucose made from maize starch; the water soluble extract shall not be less than 65 per cent. of the marmalade by weight, and shall contain not less than 50 per cent. of added sugar.”
“Mixed Jam.
Mixed jam shall be the product obtained by boiling two or more varieties of sound fruit with cane and/or beet sugar; it shall contain no added substances other than apple juice not exceeding 5 per cent; the water soluble extract of the jam shall not be less than 65 per cent. of the jam by weight, and shall contain not less than 50 per cent. of added sugar.”
and
(b) by omitting therefrom the standard relating to ungraded fruit.
10. Forms 8, 9, and 10 in the second schedule to the Commerce (Exports) Regulations 1921 are amended—
(a) by omitting therefrom the word “class” (wherever occurring) and inserting in its stead the word “grade”, and
(b) by omitting therefrom the word “classified” (wherever occurring) and inserting in its stead the word “graded”.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.