Commerce (General Exports) Regulations (Amendment)

Overview

Statutory Rules 1934 No. 49, enacted under the authority of the Customs Act 1901–1930 and the Commerce (Trade Descriptions) Act 1905–1933, aims to address the need for consistent standards in the preparation and canning of apples for export. This regulation, made by the Governor-General on the advice of the Federal Executive Council, introduces specific conditions for the canning of apples to ensure quality and consumer protection. The policy objective is to maintain high standards for exported goods, thereby enhancing Australia’s reputation in international markets and protecting consumers abroad from substandard products. The regulation was issued on 24 April 1934, with Frederick Stewart, the Minister of State for Commerce and Trade, acting on behalf of the relevant ministers.

Scope and Application

The regulation specified in Statutory Rules 1934 No. 49 applies to the canning and export of apples, governing the preparation, quality, and labelling standards for both "Choice Quality" and "Standard Quality" apples. It specifically applies to entities involved in the preparation and export of canned apples, ensuring compliance with the prescribed conditions to maintain the integrity and quality of exported apple products. This regulation operates within the jurisdiction of the Commonwealth of Australia and is issued under the authority of the Customs Act 1901–1930 and the Commerce (Trade Descriptions) Act 1905–1933. The regulation imposes strict quality and labelling requirements on the apple canning process, including specific standards for apple variety, preparation, and appearance, as well as labelling requirements to ensure transparency and consumer protection. Notably, the regulation does not explicitly outline exclusions or exemptions, thereby applying broadly to all entities involved in the canning and export of apples within Australia. Additionally, the regulation allows for further specification and enforcement through subordinate instruments, enabling the government to adapt and refine the regulatory framework as needed.

Key Provisions

The principal operative sections of this regulation, as outlined in Regulation 13a, pertain to the canning of apples for export purposes. This regulation stipulates that apples intended for export must be canned under specific conditions. Firstly, only one variety of apple is permitted in each can or case (13a(a)). Secondly, apples must be prepared in accordance with strict conditions which are differentiated between "Choice Quality" and "Standard Quality" apples (13a(b)). For "Choice Quality" apples, they must be properly peeled, with no less than 90% of the pieces remaining whole, and must be free from blemishes such as worm holes and scabs. The apples should also be evenly cut, with not less than 95% of the pieces maintaining the true natural colour of the variety, and the canning liquor must be clear. Additionally, the variety of apple used must be clearly stated on the label in letters no less than three-eighths of an inch in height (13a(b)(i)). For "Standard Quality" apples, they must also be properly peeled, cored, and trimmed, with at least 70% of the pieces remaining whole and no less than 80% being even in size and shape. These apples must be free from blemishes and the canning liquor must be fairly clear (13a(b)(ii)). The regulation imposes specific obligations and requirements on the parties involved in the export of canned apples. These parties must ensure that the apples meet the defined quality standards and preparation methods as outlined in the regulation. This includes adhering to the variety-specific requirements for "Choice Quality" and "Standard Quality" apples, ensuring that the apples are properly peeled, cored, trimmed, and cut, and that they are free from blemishes and evenly sized and shaped. Furthermore, the labelling requirements must be strictly followed, with the variety of apple used clearly and prominently displayed on the label in the specified font size. Failure to comply with the provisions of this regulation may result in legal consequences. While the specific offences, penalties, or civil/criminal consequences for breach are not detailed within the provided text of the regulation, it is implicit that non-compliance with statutory regulations governing food exports could lead to penalties under the Customs Act 1901–1930 and the Commerce (Trade Descriptions) Act 1905–1933. Penalties for breaches of these Acts can include fines and other sanctions, which are determined by the respective Acts and may be enforced through administrative or judicial processes.