Commerce Regulations 1913 (Amendment)

Overview

The Regulations under the Commerce (Trade Descriptions) Act 1905, enacted in 1917, were introduced to provide greater clarity and standards in the trade of pepper berries. These statutory rules were made by the Governor-General in Council, acting on the advice of the Minister of State for Trade and Customs. The primary objective of these regulations was to address potential confusion and ensure consumer protection by specifying the trade descriptions for pepper berries. The regulations introduced standards for black and white pepper, including the allowable percentage of foreign substances and other impurities, to ensure that consumers receive products that meet certain quality criteria. The 1917 regulations amended the 1913 Commerce Regulations by adding detailed specifications for pepper berries, distinguishing between black and white varieties. This amendment aimed to improve the transparency of trade descriptions, ensuring that the quality and characteristics of the products are clearly communicated to consumers. The new standards outlined in the First Schedule of the 1917 regulations provided specific requirements for the composition of black and white pepper, including limits on foreign substances, percentages of waste material, and minimum levels of certain extracts, thereby setting a benchmark for the quality of pepper berries traded within Australia.

Scope and Application

The Regulations under the Commerce (Trade Descriptions) Act 1905, as amended by Statutory Rules 1917, No. 47, apply to all entities and individuals involved in the trade and distribution of pepper berries within the Commonwealth of Australia. These regulations specifically mandate the accurate trade descriptions for pepper berries, requiring that the type of pepper berry, whether white or black, must be explicitly stated. The amendments introduced by these regulations not only update the existing Commerce Regulations 1913 but also set specific quality standards for black and white pepper, including permissible levels of foreign substances, percentage of specific types of berries, and allowable ash content. These standards are designed to ensure transparency and quality in the trade of pepper berries across the Commonwealth. The regulations are binding on all persons and entities dealing in these products, with the stated exclusions and thresholds strictly enforced to maintain the integrity of the trade. Subordinate instruments may further detail specific implementation processes or additional requirements as necessary.

Key Provisions

The key provisions of these Regulations, made under the Commerce (Trade Descriptions) Act 1905, involve amendments to the existing Commerce Regulations 1913. Specifically, Regulation 8 is amended to require that trade descriptions for pepper berries must specify whether they are white or black (Regulation 1(1)). Additionally, the standards for black and white pepper have been outlined in the First Schedule. For black pepper, the standards require that it be the dried immature berry of Piper Nigrum, L., containing no foreign substances, not more than 5% white berries, 15% waste material, and 7% total ash, while also containing not less than 6% extract soluble in ether and 8% extract soluble in ethylic alcohol (First Schedule). For white pepper, the standards require that it be the dried more or less mature berry of Piper Nigrum, L., containing no foreign substances, not more than 5% black berries, 7% immature berries, and 3.5% ash, while also containing not less than 6% extract soluble in ether and 7% extract soluble in ethylic alcohol (First Schedule). These Regulations impose specific obligations on the parties involved in the trade of pepper berries. Sellers and manufacturers must ensure that the trade descriptions clearly specify whether the pepper berries are white or black (Regulation 1(1)). Furthermore, they must adhere to the specified standards for black and white pepper, ensuring that the pepper berries meet the defined criteria for purity, composition, and extract levels (First Schedule). The Act does not explicitly state any offences or penalties for breach of these Regulations. However, given that these Regulations are made under the Commerce (Trade Descriptions) Act 1905, any breaches of these Regulations may result in civil or criminal consequences as outlined in the principal Act. Typically, under the Act, penalties can include fines and, in severe cases, imprisonment. The exact penalties would depend on the specific breach and the provisions of the principal Act.