Commerce (General Exports) Regulations (Amendment)

Legislation au C1926L00176 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1926. No. 176.

REGULATIONS UNDER THE CUSTOMS ACT 1901-1925 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1926.

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 1901-1925 and the Commerce (Trade Descriptions) Act 1905-1926 to come into operation forthwith.

Dated this seventeenth day of December, 1926.

STONEHAVEN,

Governor-General.

By His Excellency’s Command,

H. E. PRATTEN,

Minister of State for Trade and Customs.

Amendment of Commerce (General Exports) Regulations.

(Statutory Rules 1926, No. 22, as amended to this date.)

1. Regulation 3 of the Commerce (General Exports) Regulations is amended by including in the definition of “Prunes” the following additional varieties:—

Burton

Coates.

2. Regulation 8 is amended by inserting after paragraph (j) the following paragraphs:—

(k) Each can or container of canned fruits of “Second quality in syrup” shall have embossed on the top the word “seconds”.

(l) Each can or container of canned fruits of “Second quality in water” shall have embossed on the top the words “seconds without added sugar”.

(m) Each can or container of canned fruits of pie quality shall have embossed on the top the word “pie”.

(n) No other marking or sticker or label or wrapping which will wholly or partly obscure or divert attention from the embossing shall be placed on or about the top of a can or container of second or pie quality fruit.

(o) Nothing contained in these Regulations shall prevent the printing of factory can marks in ink or the embossing on the top of the can or container.

C.18010.—Price 3d.


3. Regulation 14 is amended by inserting after sub-paragraph (vi) of paragraph (d) the following sub-paragraphs:—

(vii) Apricots describable as “Second Quality in Syrup”.—The halves shall be sound, fairly firm, and ripe. The colour shall be fairly good and the fruit fairly free from blemishes serious to the grade. The halves in each can shall be fairly uniform in size, colour and degree of ripeness. The syrup used shall be clear and shall contain not less than 10 per cent. by weight of cane sugar;

(viii) Apricots describable as “Second Quality packed in Water”. —The halves shall be sound, fairly firm, and ripe. The colour shall be fairly good and the fruit fairly free from blemishes serious to the grade. The halves in each can shall be fairly uniform in size, colour, and degree of ripeness. There shall be no added sugar.

4. Regulation 16 is amended by omitting sub-paragraph (iii) from paragraph (d) and inserting in its stead the following sub-paragraph:—

(iii) Peaches describable as “Standard Quality”.—The halves shall be sound, ripe, firm, of fairly good colour for the variety, free from blemishes serious to the grade, and fairly uniform in size, colour and maturity.

There shall be no ragged edges. The syrup used shall be clear, and shall contain not less than 25 per cent. by weight of cane sugar. The number of halves that may be placed in a can shall be in accordance with the following grades:—

“Large Count”—Not less than six nor more than nine halves;

“Medium-large Count”—Not less than nine or more than twelve halves;

“Medium Count”—Not less than twelve nor more than fifteen halves;

“Small Count”—Not less than fifteen nor more than twenty halves;

Provided that in no instance shall the number of halves per can be less than six nor more than twenty and in no single consignment shall there be a variation of more than five halves per can.

5. Regulation 16 is amended by inserting after sub-paragraph (iii) of paragraph (d) the following sub-paragraphs:—

(iv) Peaches describable as “Second Quality in Syrup”.—The halves shall be sound, fairly firm, and ripe. The colour shall be fairly good and the fruit fairly free from blemishes serious to the grade. The halves in each can shall be fairly uniform in size, colour, and degree of ripeness. The syrup used shall be clear and shall contain not less than 10 per cent. by weight of cane sugar;

(v) Peaches describable as “Second Quality in Water”—The halves shall be sound, fairly firm, and ripe. The colour shall be fairly good and the fruit fairly free from


blemishes serious to the grade. The halves in each can shall be fairly uniform in size, colour, and degree of ripeness. There shall be no added sugar.

6. Regulation 19 is amended by inserting after sub-paragraph (iii) of paragraph (d) the following sub-paragraphs:—

(iv) Pears describable as “Second Quality in Syrup”—The halves shall be sound, fairly firm, and ripe. The colour shall be fairly good and the fruit fairly free from blemishes serious to the grade. The halves in each can shall be fairly uniform in size, colour, and degree of ripeness. The syrup used shall be clear and shall contain not less than 10 per cent. by weight of cane sugar.

(v) Pears describable as “Second Quality in Water”—The halves shall be sound, fairly firm, and ripe. The colour shall be fairly good and the fruit fairly free from blemishes serious to the grade. The halves in each can shall be fairly uniform in size, colour, and degree of ripeness. There shall be no added sugar.

7. Regulation 32 is amended by omitting paragraph (d) and inserting in its stead the following paragraph:—

(d) The fruit shall be free from stalks, dirt, sand, grit, insect refuse, and from any other matter foreign to the fruit:

Provided that if sulphur dioxide not in excess of the quantities specified below is contained in the undermentioned dried fruit, no contravention of this paragraph shall be deemed to have occurred—

Apricots

 

Peaches

 

Nectarines

2,000 parts per million.

Apples

 

Pears

 

Lexias

 

Seedless Lexias

750 parts per million.

Sultanas

 

8. Regulation 44 is hereby repealed and the following inserted in its stead:—

“44. Prunes intended for export shall be in accordance with such one of the following sets of conditions as is applicable to the description of the prunes:—

(a) Prunes describable as “4 Crown”.—The fruit shall be of such size that not more than forty prunes shall comprise one pound weight avoirdupois. The fruit shall be of a uniformly good, dark colour;

(b) Prunes describable as “3 Crown”.—The fruit shall be of such size that not less than forty nor more than sixty prunes shall comprise one pound weight avoirdupois. The fruit shall be of a uniformly good, dark colour;

(c) Prunes describable as “2 Crown”.—The fruit shall be of such size that not less than sixty nor more than eighty prunes shall comprise one pound weight avoirdupois. The fruit shall be of a uniformly good, dark colour; and


(d) Prunes describable as “1 Crown”.—The fruit shall be of such size that not less than eighty nor more than one hundred prunes shall comprise one pound weight avoirdupois. The fruit shall be of a uniformly good, dark colour.

9. Regulation 80 is amended by omitting the words “or the advice note”

10. The First Schedule is amended by inserting the following standards:—

Chutneys, Pickles and Sauces.

Chutneys, pickles and sauces may contain benzoic acid to the extent of not more than 250 parts per million. No other preservative substance shall be added.

Vegetables (Dried or Preserved).

Vegetables (dried or preserved) shall contain no added preservative substance.

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.

Overview

The Statutory Rules 1926, No. 176, under the Customs Act 1901-1925 and the Commerce (Trade Descriptions) Act 1905-1926, aim to amend various regulations regarding the classification and export of canned fruits, specifically focusing on the quality descriptions, embossing requirements, and standards for apricots, peaches, and pears. These regulations were introduced by the Governor-General in Council to ensure consistency and clarity in the trade descriptions of exported goods, thereby enhancing consumer confidence and protecting the reputation of Australian products abroad. The amendments include specific guidelines for the classification of fruit quality, the embossing of cans to indicate the quality, and the permissible levels of preservatives in chutneys, pickles, and sauces, ensuring that the quality and safety standards are met and clearly communicated to consumers.

Scope and Application

The Statutory Rules 1926, No. 176, made under the Customs Act 1901-1925 and the Commerce (Trade Descriptions) Act 1905-1926, sets forth regulations for the export of certain canned fruits and prunes, detailing the standards and specifications these products must meet. This legislation applies to exporters and manufacturers of canned fruits and prunes, ensuring that the products meet specified quality standards and are correctly labelled. The regulations cover a range of fruit types, including apricots, peaches, and pears, outlining their quality requirements and the conditions under which they can be exported. These rules also extend to the labelling requirements for canned fruits, specifying the embossing and permissible markings on containers to ensure consumer transparency. The geographic reach of these regulations is national, as they are enacted under Commonwealth authority, applying uniformly across Australia. Any deviations from these regulations could potentially result in legal consequences for non-compliance. These rules are enforced through subordinate instruments, allowing for adjustments and clarifications as needed to keep pace with changes in industry practices or standards.

Key Provisions

The Regulations under the Customs Act 1901-1925 and the Commerce (Trade Descriptions) Act 1905-1926 set forth detailed requirements for the classification, packaging, and labelling of various fruit products intended for export. Specifically, Regulation 3 amends the definition of "Prunes" to include the varieties Burton and Coates (Section 1). Regulation 8 adds new requirements for the labelling of canned fruits, stipulating specific wording for "seconds" and "pie" quality fruits, prohibiting obscuring markings, and allowing for factory can marks (Section 2). Regulation 14 further defines the quality standards for apricots, specifying that "Second Quality in Syrup" apricots must have clear syrup containing at least 10% cane sugar, and "Second Quality packed in Water" must have no added sugar (Section 3). Regulation 16 revises the standards for peaches, detailing specific quality requirements for "Standard Quality" and "Second Quality" in syrup or water, including restrictions on the number of halves per can and sugar content (Sections 4 and 5). Regulation 19 similarly outlines quality standards for pears, specifying that "Second Quality in Syrup" must have clear syrup with at least 10% cane sugar, and "Second Quality in Water" must have no added sugar (Section 6). Regulation 32 mandates that fruits be free from foreign matter, with specific allowable limits for sulphur dioxide content in certain dried fruits (Section 7). Regulation 44 provides detailed conditions for prunes intended for export, categorising them based on size and colour (Section 8). Regulation 80 removes the requirement for an advice note (Section 9). The First Schedule adds standards for chutneys, pickles, and sauces, permitting benzoic acid up to 250 parts per million but prohibiting other preservatives, and requiring dried or preserved vegetables to have no added preservatives (Section 10). The obligations imposed by these regulations on exporters include ensuring that their fruit products meet the specified quality standards, adhere to the labelling requirements, and comply with the provisions regarding permissible preservatives and foreign matter. Exporters must label their products accurately according to the regulations, ensuring that the specified wording is used for "seconds" and "pie" quality fruits, and that no labels or stickers obscure the required markings. They must also ensure that the fruit meets the detailed quality criteria for size, colour, firmness, and freedom from blemishes. Additionally, exporters must comply with the standards for preservatives and foreign matter, ensuring that their products do not contain prohibited substances and meet the allowable limits for sulphur dioxide. Failure to comply with these regulations may result in significant consequences. While the specific penalties for breaches are not detailed in the provided text, violations of regulations under the Customs Act 1901-1925 and the Commerce (Trade Descriptions) Act 1905-1926 generally carry civil and criminal penalties, including fines and potential prosecution. The severity of the penalties may depend on the nature and extent of the breach, with repeat or significant violations potentially leading to more severe sanctions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.