Dairy Produce Regulations

Overview

The Dairy Produce Regulations 1977 were introduced to provide detailed regulations under the Dairy Produce Act 1924, addressing the need for clear and specific rules governing the production, handling, and classification of dairy products. These regulations were enacted by the Governor-General, with the advice of the Federal Executive Council, and came into effect on 1 July 1977. The primary objective of these regulations is to ensure the proper management and classification of dairy products, including the establishment of pools for certain types of dairy products, and to exclude certain products from specific provisions of the Act. By setting up these detailed regulations, the government aimed to maintain the stability and quality of the dairy industry, ensuring compliance with industry standards and protecting consumer interests.

Scope and Application

The Dairy Produce Regulations, 1977, made under the Dairy Produce Act 1924, apply to the production, processing, and sale of dairy products within the Commonwealth of Australia. These regulations are designed to ensure the quality and integrity of dairy products by establishing standards and procedures for their production. They apply to any person or entity involved in the handling of dairy products, including producers, processors, and sellers, as well as the relevant industries such as dairy farming and food manufacturing. The regulations specify that whole milk powder is included in the definition of "dairy produce" and mandate the establishment and maintenance of pools for various types of dairy products such as butter, casein, and processed cheese. These pools must be managed according to commercial accounting principles. The regulations also exempt certain classes of dairy products produced before specific dates from the application of Section 20aa of the Act, thereby providing transitional measures for products made prior to the regulations' enactment. The scope of these regulations extends nationally, covering all states and territories within Australia, and they may be further extended or restricted through subordinate instruments as necessary.

Key Provisions

The Dairy Produce Regulations 1977, under the Dairy Produce Act 1924, establish various provisions concerning the handling, classification, and regulation of dairy products. Regulation 4(1) defines "whole milk powder" as a prescribed product for the purposes of the definition of "dairy produce" in section 3 of the Act. Regulation 4(2) clarifies that "whole milk powder" has the same meaning as defined in the Dairy Industry Stabilization Levy Act 1977. Regulation 5 specifies that section 20aa of the Act will not apply to certain classes of dairy products, namely processed butteroil, processed cheese, and whole milk powder produced before specific dates. Regulation 6 mandates the establishment and maintenance of pools for specified dairy products during a production period, with these pools to be maintained according to generally applied commercial accounting principles. These regulations impose several obligations on parties involved in the production and handling of dairy products. According to Regulation 4, producers and processors must ensure that their products comply with the prescribed definitions and classifications, particularly for "whole milk powder." Regulation 5 exempts certain classes of dairy products from the application of section 20aa of the Act, which means those products do not need to adhere to the specific provisions outlined in that section. Regulation 6 requires the establishment of pools for specified dairy products, which likely involves financial and administrative responsibilities for those involved in the production and distribution of these products. Breaches of these regulations may result in various legal consequences. While the specific offences and penalties are not detailed within the provided text of the Dairy Produce Regulations 1977, under the parent Act, the Dairy Produce Act 1924, there are provisions for offences and penalties. Typically, breaches of regulations made under an Act can lead to fines and, in severe cases, criminal charges. The maximum penalties for offences under the Dairy Produce Act 1924 can vary, but they often include substantial fines and potential imprisonment for serious or repeated breaches. Additionally, non-compliance with these regulations could result in civil liabilities for damages or compensation in case of harm or financial loss caused by the breach.