STATUTORY RULES
1913. No. 15.
PROVISIONAL REGULATION 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 certify that, on account of urgency, the following Regulation under the Commerce (Trade Descriptions) Act 1905 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this sixteenth day of January, 1913.
DENMAN,
Governor-General.
By His Excellency’s Command,
FRANK G. TUDOR,
Minister for Trade and Customs.
Regulation 8 (b) of the Commerce Regulations 1910 (Statutory Rules 1910, No. 120) is hereby cancelled, and the following Regulation substituted in its stead:—
8. In the case of the following goods, the trade description shall, in addition, comply with the following provisions:—
(b) In the case of foods for infants, if any such food when prepared as directed by any accompanying statement or label—
(1) does not conform approximately in proportional composition to human milk, the trade description of the food shall include, in bold-faced Sans-Seriff capital type, conspicuously displayed, the words “This food is ordinarily unsuitable for infants under the age of six months, and is not to be given to such infants except under medical direction”;
(2) contains starch in a proportion not exceeding 1 per cent., but otherwise conforms approximately in proportional composition to human milk, the trade description of the food shall include, in bold-faced Sans-seriff capital type, conspicuously displayed, the words “This food is not to be given to infants under the age of one month except under medical direction.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.835—Price 3d.
Overview
The Provisional Regulation under the Commerce (Trade Descriptions) Act 1905, enacted in 1913, was introduced to address the need for more stringent labelling requirements for infant foods to protect the health of infants. The regulation was enacted by the Governor-General in Council, acting on the advice of the Federal Executive Council and the Minister for Trade and Customs, to ensure that urgent measures could be implemented without delay. The primary policy objective of this regulation was to mandate clear and conspicuous labelling for infant foods that do not conform to the nutritional standards of human milk, thereby providing essential information to caregivers and ensuring that such foods are only given to infants under medical supervision when necessary. This legislative instrument aimed to safeguard the health of infants by preventing the use of unsuitable food products without proper guidance.
Scope and Application
The Provisional Regulation under the Commerce (Trade Descriptions) Act 1905 pertains specifically to the trade descriptions of foods intended for infants. This regulation applies to any person or entity involved in the trade or sale of infant foods within the Commonwealth of Australia, requiring that the descriptions of such products comply with specific statutory provisions. These provisions ensure that consumers are adequately informed of the suitability of the infant foods for particular age groups, particularly those under six months and one month. The regulation mandates clear and conspicuous labelling when the food does not conform to the nutritional profile of human milk or contains specific ingredients such as starch in certain proportions. The regulation extends nationally across Australia, ensuring a uniform standard for infant food labelling to protect public health. Notably, the regulation does not specify any exclusions or exemptions, applying broadly to all entities within its scope. Additionally, the regulation is subject to further specification or modification through subordinate instruments, allowing for adjustments in response to evolving nutritional science or market practices.
Key Provisions
The primary operative section of this Statutory Rule pertains to Regulation 8(b) of the Commerce Regulations 1910, which has been amended to provide specific requirements for trade descriptions of foods intended for infants (Reg. 8(b)(1) and (2)). Section 8(b)(1) mandates that if a food for infants, when prepared as directed, does not approximate the proportional composition of human milk, the trade description must include the statement “THIS FOOD IS ORDINARILY UNSUITABLE FOR INFANTS UNDER THE AGE OF SIX MONTHS, AND IS NOT TO BE GIVEN TO SUCH INFANTS EXCEPT UNDER MEDICAL DIRECTION,” displayed prominently in bold-faced Sans-serif capital letters. Similarly, section 8(b)(2) requires that if the food contains starch in a proportion not exceeding 1%, but otherwise approximates the proportional composition of human milk, the trade description must include the statement “THIS FOOD IS NOT TO BE GIVEN TO INFANTS UNDER THE AGE OF ONE MONTH EXCEPT UNDER MEDICAL DIRECTION,” also displayed prominently in bold-faced Sans-serif capital letters.
The obligations imposed by these provisions are primarily on manufacturers and suppliers of infant foods. They must ensure that their product descriptions adhere to the specified requirements, making clear and conspicuous the suitability or lack thereof for very young infants. This includes accurately preparing and describing the product in accordance with the accompanying labels or statements, and ensuring that any necessary health warnings are prominently displayed.
Breach of these requirements can result in legal consequences. While the specific penalties are not outlined in the Statutory Rule itself, under the broader provisions of the Commerce (Trade Descriptions) Act 1905, violations can lead to civil or criminal penalties. These may include fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as determined under the relevant sections of the parent Act.