STATUTORY RULES.
1924. No. 48.
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, do hereby make the following regulations under the Commerce (Trade Descriptions) Act 1905, to come into operation on the 1st day of July, 1924.
Dated this second day of April, 1924.
FORSTER,
Governor‑General.
By His Excellency’s Command,
AUSTIN CHAPMAN,
Minister of State for Trade and Customs.
Amendment of Commerce (Imports) Regulations 1923.
(Statutory Rules 1923, No. 37, as amended to this date.)
1. Regulation 9 of the Commerce (Imports) Regulations 1923 is amended by omitting sub‑regulation (3), and inserting in its stead the following sub‑regulation:—
(3) In the case of infants’ food, the trade description shall include a statement setting out the following particulars:—
(a) the date when the food was packed;
(b) the percentage composition of the food when prepared in accordance with accompanying instructions and a statement of the source of the proteins and fats, and the exact nature of the carbo‑hydrate constituent;
(c) the average percentage composition of human milk:
Provided that if the label contains the words “This food shall not be given to infants under the age of six months except under medical direction,” in bold‑faced sans‑serif capital letters of not less than six point face measurement, the particulars as required by sub‑paragraphs (b) and (c) need not appear.
For the purpose of this sub‑regulation the average percentage composition of human milk shall be deemed to be—
Proteins.............................. | 1.5 | per cent. |
Fat................................. | 3.5 | „ |
Lactose.............................. | 6.5 | „ |
Ash................................. | 0.2 | „ |
(See also paragraph (b) of sub‑regulation (4) of this Regulation and Schedule on page 9).
2. The Schedule to the Commerce (Imports) Regulations 1923 is amended by omitting the standard for infants’ foods, and inserting the following in its stead:—
Infants’ Food.
“Infants’ food shall not contain any wood fibre nor any mineral substance insoluble in decinormal hydrochloric acid, nor any preservative substance.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullet, Government Printer for the State of Victoria.
C. 4350.—Price 3d.
Overview
The Statutory Rules 1924 No. 48, made under the Commerce (Trade Descriptions) Act 1905, were introduced to amend the Commerce (Imports) Regulations 1923, specifically addressing the labelling requirements for infants' food. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations came into effect on 1 July 1924. The aim was to ensure that labels on imported infants' food provided accurate and detailed information about the product's composition and nutritional value, with specific exemptions for certain disclaimers. The regulations mandate that labels must include the date of packing, the percentage composition of the food when prepared according to instructions, and details about the source of proteins and fats, as well as the nature of carbohydrates, unless the label explicitly states that the food should not be given to infants under six months without medical direction. Additionally, the regulations prohibit the presence of wood fibre, insoluble mineral substances, and preservatives in infants' food.
Scope and Application
The Commerce (Trade Descriptions) Act 1905, as amended by the statutory rules 1924, No. 48, governs the regulation of trade descriptions, particularly concerning imports of goods into Australia. These regulations apply to all entities and persons involved in the import of goods, particularly those involved in the importation of infants' food. The geographic and jurisdictional reach of these regulations is Commonwealth-wide, as they are enacted under federal law. The amendments made to the Commerce (Imports) Regulations 1923 focus on ensuring that trade descriptions for imported infants’ food include specific details such as the date of packing, composition, and source of ingredients, unless exempted by a certain warning label. The regulations also establish standards prohibiting the presence of certain substances in infants’ food, such as wood fibre, insoluble mineral substances, and preservatives. Subordinate instruments may further extend or restrict the application of these regulations, providing additional specifications or exemptions as necessary.
Key Provisions
The main operative sections of these Regulations, specifically focusing on the amendments made to Regulation 9 and the Schedule, introduce specific requirements for the labelling and composition of infants' food. Under section 1, Regulation 9 now mandates that the trade description for infants' food must include the date of packing, the percentage composition of the food when prepared, and a statement of the source of proteins and fats, and the nature of the carbohydrate constituent. However, if the label includes a statement warning that the food should not be given to infants under six months without medical direction, the detailed composition need not be included. Section 2 further amends the Schedule to prohibit the presence of wood fibre, insoluble mineral substances in decinormal hydrochloric acid, and preservatives in infants' food.
These Regulations impose obligations on importers and manufacturers to ensure that infants' food is accurately labelled and free from certain prohibited substances. Importers must verify that the food complies with the new labelling requirements and composition standards, and manufacturers must ensure that any claims or warnings on the packaging are truthful and appropriately displayed. The Regulations require that the date of packing be clearly stated, and that the nutritional composition be accurately represented or that a specific warning is prominently displayed if the detailed composition is omitted.
Breaches of these Regulations can lead to significant legal consequences. While the primary focus of the Regulations is on ensuring the safety and proper labelling of infants' food, non-compliance could result in civil actions for misleading or deceptive conduct under the Australian Consumer Law, as well as potential criminal penalties if the breach is deemed to involve serious public health risks. Under the Trade Practices Act, penalties for misleading or deceptive conduct can include substantial fines, with the exact amount depending on the nature and impact of the breach. The Regulations do not specify maximum penalties, but such breaches could lead to significant financial penalties and reputational damage.