Commerce Regulations 1913 (Amendment)

Overview

The Statutory Rules of 1919, No. 11, Regulations under the Commerce (Trade Descriptions) Act 1905, were made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to address issues related to the accurate trade descriptions and quality of butter, cheese, and meat. These regulations amend previous provisions to enhance the clarity and transparency in the trade of these products, particularly those intended for export. This legislative instrument was designed to ensure that the trade descriptions of these perishable goods included specific details such as the date of manufacture, the type of cheese, and the numbers of the crate and vat, while also regulating the storage conditions post-inspection to maintain quality. The policy objective is to protect consumers by ensuring that the products meet certain standards and that the information provided is accurate and comprehensive.

Scope and Application

The Regulations under the Commerce (Trade Descriptions) Act 1905 apply to goods, specifically butter, cheese, and meat, that are intended for export from the Commonwealth of Australia. These regulations mandate that such goods must be sent to an appointed place for examination at least three clear working days before shipment, ensuring that they meet specified standards and trade descriptions. The scope of these regulations includes the requirement for cheese to prominently display the date of manufacture, whether it is coloured or white, and the numbers of the crate and vat. Additionally, the regulations specify the mandatory temperatures at which butter, cheese, and meat must be stored in a cool store within twelve hours after inspection and examination. Notably, these regulations exclude tinned butter, tinned cheese, and preserved meat from certain requirements such as storage temperatures and examination. The application of these regulations is overseen by officers appointed under the Act, who have the authority to enforce compliance and grade the quality of the exported goods.

Key Provisions

The primary operative sections of these Regulations, made under the Commerce (Trade Descriptions) Act 1905, pertain to the labelling and storage requirements of certain food products, specifically cheese, butter, and meat. Regulation 13 now mandates that cheese must display the date of manufacture, the type of cheese (coloured or white), and the crate and vat numbers (Regulation 13(da)). Additionally, Regulation 23 now requires that all butter and cheese intended for export be sent to a designated place for examination at least three working days before shipment (Regulation 23(1)). Further, Regulation 29 stipulates that once inspected, butter, cheese, or meat must be placed in a cool store at specific temperatures for up to twelve hours and cannot be removed without permission from an officer (Regulation 29). Finally, Regulation 37 prohibits the grading of impure butter or cheese and requires that cheese less than three weeks old be approved by an authorized officer before grading (Regulation 37(1)-(2)). The obligations imposed by these Regulations are primarily on food producers and exporters. They must ensure that their products, particularly cheese, butter, and meat, meet the specified labelling and storage requirements. For instance, producers must clearly mark cheese with the date of manufacture, the type of cheese, and the crate and vat numbers. Exporters are required to submit their products for examination at least three working days before the intended shipment date. Additionally, once inspected, the products must be stored in a cool store at the specified temperatures for up to twelve hours and can only be removed with the authority of an officer. There are no explicit offences or penalties mentioned in these Regulations. However, failure to comply with the labelling and storage requirements could potentially lead to the products being deemed unfit for sale or export. This could result in financial losses for the producers and exporters and may also attract regulatory action under the broader provisions of the Commerce (Trade Descriptions) Act 1905. Any specific penalties would be determined under the overarching legislation rather than these Regulations.