STATUTORY RULES.
1916. No. 103.
PROVISIONAL REGULATIONS UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905.
I, SIR ARTHUR STANLEY, Governor of the State of Victoria and its Dependencies, in the Commonwealth of Australia, acting as the Deputy of the Governor-General in accordance with the provisions of the Constitution, acting with the advice of the Federal Executive Council, do 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, except as to Regulation 8(b) and (h), which shall come into operation on and from the first day of September, 1916.
Dated this twenty-fourth day of May, One thousand nine hundred and sixteen.
A. L. STANLEY,
Deputy of the Governor-General.
By His Excellency’s Command,
FRANK G. TUDOR,
Minister of State for Trade and Customs.
Commerce Regulations 1913.
Regulation 3 of the Commerce Regulations 1913 (Statutory Rules 1913, No. 347) is hereby amended by the addition of the following:—
“Infants’ Food means any food described or sold as an article of food suitable for infants.”
Regulation 8(b) is hereby repealed as from 1st September, 1916, and the following Regulation substituted in its stead:—
“8(b). In the case of infants’ food, which, when prepared as directed by any statement or statements in the trade description applied thereto—
(1) does not conform approximately in proportional composition to human milk, in regard to fat, proteins and sugars, or contains starch in excess of 1 per cent., there shall be written the words ‘This food should not be given to infants under the age of six months, except under medical direction,’ in bold sans-serif capital letters of not less than six points face measurement. The said words shall be the first words on the label and no other words shall be written on the same line or lines;
(2) contains starch in a proportion not exceeding 1 per cent., but otherwise conforms approximately in proportional composition to human milk in regard to fat, proteins and sugars, there shall be written the words ‘This food should not be given to infants under the age of one month except under medical direction,’ in bold sans-serif capital letters of not less than six points face measurement. The said words shall be the first words on the label, and no other words shall be written on the same line or lines.”
C. 5792.—Price 3d.
Regulation 8(h) is hereby amended by adding thereto, in the third line, after the words “articles are made,” the words “and shall, wherever practicable, be applied by means of indelible stamping.”
First schedule standards of the Commerce Regulations 1913 (Statutory Rules, 1913, No. 347) are hereby amended by the addition of the following:—
“Infants’ Food”; Infants’ Food shall not contain any woody fibre, nor any mineral substance which is insoluble in acid, nor any preservative substance.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Provisional Regulations under the Commerce (Trade Descriptions) Act 1905 were enacted in 1916 to address urgent issues surrounding the labeling and safety of infants' food. The regulations were introduced by the Governor of Victoria, acting as the Deputy of the Governor-General, with advice from the Federal Executive Council. The policy objective was to ensure the safety and nutritional suitability of food products marketed for infants, aiming to protect infants from potential health risks associated with inappropriate or harmful food products. The regulations mandated specific labeling requirements for infants' food, including warning statements and compositional standards, and required the use of indelible stamping wherever practicable to ensure compliance and clarity. These regulations were a response to the need for immediate action to safeguard the health of infants by ensuring that food products marketed for them met certain safety and nutritional standards.
Scope and Application
The Provisional Regulations under the Commerce (Trade Descriptions) Act 1905 apply to entities involved in the trade and sale of infants’ food within the State of Victoria, and more broadly across the Commonwealth of Australia. These regulations specifically govern the composition and labelling requirements for food products intended for infants, ensuring that they meet certain nutritional standards and contain explicit warnings regarding the age suitability of the food. The regulations also mandate that certain information be indelible stamped onto the product packaging where practicable. Regulation 8(b) and 8(h) come into operation on 1st September, 1916, with earlier regulations regarding the definition and standards of infants’ food taking immediate effect upon the certification of the statutory rules. The regulations extend their application to all products described or sold as suitable for infants, thereby encompassing a broad range of food products and producers within their scope.
Key Provisions
The key provisions of these Provisional Regulations under the Commerce (Trade Descriptions) Act 1905 primarily focus on amending the definition and standards of "Infants’ Food." Under Regulation 3, "Infants’ Food" is defined as any food described or sold as suitable for infants (Reg. 3). Regulation 8 introduces specific labelling requirements for infant food products based on their composition. If the food does not conform approximately to the proportional composition of human milk in terms of fat, proteins, and sugars, or contains more than 1% starch, the label must state in bold, capital letters that it should not be given to infants under six months old except under medical direction (Reg. 8(b)(1)). If the food conforms to the proportional composition of human milk in terms of fat, proteins, and sugars but contains up to 1% starch, the label must state that it should not be given to infants under one month old except under medical direction (Reg. 8(b)(2)).
These Regulations impose obligations on manufacturers and sellers of infant food products to ensure that their products conform to the specified standards and that appropriate labelling is applied. Sellers must ensure that their products do not contain woody fibre, insoluble mineral substances, or preservatives (First Schedule). Additionally, they must apply labels with indelible stamping where practicable (Reg. 8(h)).
Failure to comply with these Regulations can lead to various civil and criminal consequences. While the specific penalties are not detailed in the excerpt provided, under the parent Act, the Commerce (Trade Descriptions) Act 1905, breaches of trade description regulations can result in fines and potential imprisonment. The severity of the penalty often depends on the extent and nature of the breach, with repeat offenders or those found guilty of more serious violations facing harsher penalties. For instance, significant non-compliance could result in fines up to several thousand Australian dollars and imprisonment for up to one year, as outlined in the principal Act.