Commerce Regulations 1913 (Amendment)

Overview

The Statutory Rules 1919, No. 88, is a legislative instrument enacted by the Governor-General in Council, under the authority of the Commerce (Trade Descriptions) Act 1905, to amend the Commerce Regulations 1913. The primary objective of this regulation is to ensure accurate and transparent labelling of butter products, thereby protecting consumers and maintaining fair trading practices. Specifically, the regulation mandates that the trade description of butter must be indelibly impressed on the outer covering of the product, with specific colour requirements for different types of butter, and explicit labelling for pasteurised butter. This legislative instrument responds to the need for precise and clear labelling to prevent consumer deception and ensure compliance with trade standards. The amendment introduced by these rules reflects a policy objective to enhance consumer protection and clarity in the marketplace, ensuring that consumers are fully informed about the nature and quality of the butter products they purchase. By making these changes, the regulation seeks to uphold the integrity of trade practices and safeguard consumer interests within the commercial sector.

Scope and Application

The Regulation made under the Commerce (Trade Descriptions) Act 1905 applies to all persons and entities involved in the production, packaging, and sale of butter within the Commonwealth of Australia. Specifically, it mandates that butter must have a trade description indelibly impressed on its outer covering, with different colour requirements for milled and other types of butter. Additionally, the regulation stipulates that the true description of the butter must specify whether it is Pure Creamery Butter, Pastry Butter, or Milled Butter, and if it is pasteurised, the word "Pasteurised" must appear on the packaging in a specified size. This regulation extends to the entire Commonwealth, ensuring a consistent standard for butter descriptions across all states and territories. The regulation does not explicitly mention any exclusions or exemptions, implying that it applies universally to all relevant products and actors within the scope of the Act. Subordinate instruments may further refine or expand the scope of these regulations, ensuring compliance and clarity in the description and sale of butter products.

Key Provisions

The main operative sections of the Statutory Rules 1919, No. 88 under the Commerce (Trade Descriptions) Act 1905, primarily amend the Commerce Regulations 1913. Specifically, sub-regulation (a) of Commerce Regulation 13 is repealed and replaced with new provisions. These provisions mandate that the trade description for butter must be indelibly impressed on the outer covering of the product. For milled butter, this must be in red colour, while for other types of butter, a dark colour other than red must be used. The true description must clearly specify whether the butter is Pure Creamery Butter, Pastry Butter, or Milled Butter. If the butter is pasteurized, the word “Pasteurized” must be applied to the boxes in letters no less than three-quarters of an inch in depth and half an inch in breadth. The obligations and requirements imposed by these regulations are designed to ensure that consumers receive accurate and clear information about the nature and quality of the butter they purchase. Manufacturers and sellers are required to ensure that the trade description is correctly and legibly applied to the packaging. This includes the correct colouring for the type of butter and the inclusion of any relevant processing details, such as pasteurization, in a clearly visible manner. These requirements aim to prevent misleading or deceptive descriptions, thereby protecting consumer interests and ensuring fair trade practices. In terms of consequences for breaches of these regulations, the Statutory Rules do not explicitly state the penalties or consequences for non-compliance. However, under the broader provisions of the Commerce (Trade Descriptions) Act 1905, non-compliance with trade descriptions regulations can lead to legal action, including fines and potential criminal charges. The severity of the penalties would depend on the nature and extent of the breach, with potential maximum penalties being determined by relevant courts based on the specific circumstances of the case. Ensuring adherence to these regulations is crucial for avoiding legal repercussions and maintaining consumer trust.