STATUTORY RULES.
1912. No. 233.
PROVISIONAL 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 certify that, on account of urgency, the following regulations under the Commerce (Trade Descriptions) Act 1905 should come into immediate operation, and make the regulations to come into operation forthwith as Provisional Regulations.
Dated this fourth day of December, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
FRANK G. TUDOR.
Minister of State for Trade and Customs.
Standards.
The First Schedule of the Commerce Regulations 1910 (Statutory Rules 1910, No. 120) is hereby amended—
(a) in respect to the standard for Butter, by the cancellation of the words “Not more than 15 per cent. of water” and the substitution therefor of the words “Not more than 16 per cent of water”,
(b) by the addition of the following:—
“Cream”: cream which contains not less than 35 per cent. of milk fat, and does not contain any foreign substance.
“Sterilized Cream”: cream which contains not less than 25 per cent. of milk fat and does not contain any foreign substance, and which has been sterilized by heat and subsequently protected from contamination.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.16520.—Price 3d.
Overview
The Provisional Regulations under the Commerce (Trade Descriptions) Act 1905 were enacted in 1912 by the Governor-General in the Commonwealth of Australia, acting with the advice of the Federal Executive Council, due to the urgency of the matter. This legislative instrument sought to amend the existing standards for butter, specifically adjusting the allowable water content to not more than 16 per cent, and introduced new standards for cream and sterilized cream. The objective was to ensure that products sold under these descriptions met specific quality and purity standards, thereby protecting consumers from misleading trade descriptions and maintaining fair trade practices.
The regulations were introduced by the Federal Executive Council under the authority of the Commonwealth of Australia to address the need for precise and enforceable standards in trade descriptions, particularly for dairy products. This legislative action aimed to provide clarity and consistency in the market, ensuring that products labelled as butter, cream, or sterilized cream met the specified standards, thus safeguarding consumer interests and promoting honest trade practices.
Scope and Application
The Provisional Regulations under the Commerce (Trade Descriptions) Act 1905 apply to all individuals, businesses, and entities engaged in the trade of goods within the Commonwealth of Australia. The regulations are particularly pertinent to the dairy industry, setting specific standards for the composition and quality of products such as butter, cream, and sterilized cream. The geographic reach of these regulations is nationwide, as they are enacted under Commonwealth law. They establish the allowable percentages of water content and milk fat for these dairy products and stipulate that certain products must be free from foreign substances and properly sterilized. The regulations also detail the processes by which these standards are to be enforced. The Act extends its application through the subordinate instrument of the Provisional Regulations, ensuring that any amendments or new standards can be implemented swiftly to address urgent matters. However, specific exclusions, exemptions, or thresholds are not detailed in the text provided.
Key Provisions
The main operative sections of the Statutory Rules 1912, No. 233, involve amendments to the standards for certain dairy products as outlined in the Commerce Regulations 1910 (Section 1). Specifically, the regulation modifies the allowable water content in butter from not more than 15 per cent to not more than 16 per cent. Furthermore, the regulation introduces new standards for cream and sterilized cream. For cream, it specifies that it must contain not less than 35 per cent milk fat and must not contain any foreign substances. Similarly, sterilized cream must contain not less than 25 per cent milk fat, must be free from any foreign substances, and must have been sterilized by heat and protected from contamination after sterilization.
The obligations and requirements imposed by these regulations are primarily concerned with the composition and quality of dairy products. Manufacturers, importers, and sellers of these products are required to ensure their products meet the specified standards. For butter, this means adhering to the new water content limit of 16 per cent. For cream and sterilized cream, they must meet the specified milk fat content and purity standards, and, in the case of sterilized cream, they must be processed and stored in a manner that prevents contamination after sterilization. These standards ensure that consumers receive products of consistent quality and safety.
The Statutory Rules 1912, No. 233, do not explicitly state offences, penalties, or consequences for non-compliance with the new standards. However, under the parent Act, the Commerce (Trade Descriptions) Act 1905, non-compliance with trade descriptions regulations can lead to civil and criminal penalties. Under the Act, it is an offence to sell goods that do not comply with the prescribed standards, and this can result in fines and, in some cases, imprisonment. The severity of the penalty would depend on the nature and extent of the non-compliance, as well as any resulting harm to consumers.