STATUTORY RULES.
1955. No. 50.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1954 AND
THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1950.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1954 and the Commerce (Trade Descriptions) Act 1905-1950.
Dated this nineteenth
day of July , 1955.
W. J. Slim
Governor-General.
By His Excellency's Command,
(Sgd) J. McEwen
Minister of State for Commerce and Agriculture
and for and on behalf of the Minister of
State for Trade and Customs.
Amendments of the Exports (Canned and Frozen Fruits)
Regulations. †
Third Schedule —Item 27.
1. Item 27 in Part I. of the Third Schedule to the Exports (Canned and Frozen Fruits) Regulations is omitted and the following item inserted in its stead:—
"27. Tropical Fruit Salad—Choice Quality. | 1. The fruit salad shall consist of pineapple, paw-paw and in addition shall include banana or passion fruit or both. Fruit juice or approved fruit flavours and a few Maraschino cherries may also be included. | 1. The trade description shall include the words "Choice Quality" on the label and on the outside container.". |
| 2. The pineapple shall comply with the same conditions and restrictions as those specified in paragraphs 1 and 2 of item 64 in this Part. | |
| 3. The paw-paw and banana shall be sound, shall not be blemished and shall consist of small portions or sections. | |
| 4. The portions or sections of the pineapple, paw-paw and banana shall be of uniform size. | |
* Notified in the Commonwealth Gazette on , 1955.
† Statutory Rules 1954, No. 101, as amended by Statutory Rules 1955, No. 20.
2611/55.—Price 3d. 9/14.6.1955.
"27. Tropical Fruit Salad—Choice Quality— continued. | 5. The passion fruit shall be sound, shall not be blemished and shall consist of passion fruit or passion fruit pulp. |
| 6. Where Maraschino cherries are included, the size of the cherries shall be such that not more than 12 cherries of that size weigh not less than one ounce avoirdupois drained weight. |
| 7. The weight of the pineapple shall be not less than 55 per centum nor more than 65 per centum of the total fill-in weight of fresh fruit. |
| 8. The weight of the paw-paw shall be not less than 25 per centum nor more than 40 per centum of the total fill-in weight of fresh fruit. |
| 9. Where cane sugar is added to the fruit, there shall be sufficient to give a cut out of not less than 20 per centum and not more than 23 per centum Brix at 60 degrees Fahrenheit. |
Third Schedule —Item 50a .
2. Item 50a in Part 1 of the Third Schedule to the Exports (Canned and Frozen Fruits) Regulations is amended by omitting paragraph 1 in the second column and inserting in its stead the following paragraph:—
"1. The peaches shall comply with the same conditions and restrictions as those specified in paragraphs 1, 2 and 3 of item 48.".
Printed for the Government of the Commonwealth by A. J. Arthur
at the Government Printing Office, Canberra.
Overview
The Statutory Rules of 1955, No. 50, issued under the authority of the Customs Act 1901-1954 and the Commerce (Trade Descriptions) Act 1905-1950, address the need for standardised regulations governing the exports of canned and frozen fruits, particularly focusing on the quality and composition of these products. Enacted by the Federal Executive Council, with the advice of the Governor-General and relevant ministers, these regulations aim to ensure that exported fruit products meet specific quality standards and are accurately described. The regulations establish detailed criteria for the composition and quality of tropical fruit salads and other fruit products, ensuring that they adhere to specified proportions of different fruits and quality benchmarks, thereby protecting consumer interests and maintaining the integrity of Australian exports.
Scope and Application
The Statutory Rules of 1955, No. 50, made under the Customs Act 1901-1954 and the Commerce (Trade Descriptions) Act 1905-1950, specifically target the export of canned and frozen fruits, with detailed regulations for the composition, quality, and trade descriptions of these products. This legislative instrument applies to entities involved in the exportation of such fruits, ensuring compliance with prescribed standards to maintain quality and consumer protection. The geographic scope of these regulations is national, as they pertain to the Commonwealth of Australia, impacting exporters who must adhere to the specified standards for their products to be legally exported. The regulations also provide for amendments to previous rules, such as those pertaining to tropical fruit salad and peaches, by modifying and updating the conditions and restrictions, thereby reflecting changes in standards or practices. These regulations do not explicitly mention exclusions or exemptions, implying that all entities exporting canned and frozen fruits within the Commonwealth are subject to these rules.
Key Provisions
The Regulations under the Customs Act 1901-1954 and the Commerce (Trade Descriptions) Act 1905-1950 primarily deal with the specifications for exported canned and frozen fruits, specifically tropical fruit salad and peaches. According to Regulation 27 (Third Schedule, Part I), tropical fruit salad of choice quality must include pineapple, paw-paw, and either banana or passion fruit. The label and container must indicate "Choice Quality." Additionally, the pineapple must meet the conditions outlined in item 64, paragraph 1 and 2 of the Regulations. The paw-paw and banana must be sound and unblemished, and the fruit pieces must be uniform in size. The pineapple must constitute 55-65% of the total fruit weight, while paw-paw must make up 25-40%. Passion fruit must also be sound and unblemished. If Maraschino cherries are included, they must weigh no more than 12 per ounce when drained. Lastly, if cane sugar is added, it must yield a Brix reading of 20-23% at 60 degrees Fahrenheit.
The Regulations impose several obligations on parties exporting canned and frozen fruits. Exporters must ensure that their products meet the specified quality standards and composition outlined in the Regulations. This includes the required proportions of different fruits and the permissible Brix level when sugar is added. Exporters are also required to label their products accurately, including the declaration of "Choice Quality" for tropical fruit salad. Any additives, such as Maraschino cherries, must adhere to the specified size and weight requirements. Non-compliance with these obligations may result in the product being deemed substandard or mislabelled, which could lead to legal repercussions.
Failure to comply with the Regulations can result in various consequences. Under the Customs Act 1901-1954, non-compliance with export regulations can lead to the seizure of goods by customs authorities. This means that the goods could be prevented from leaving the country, resulting in financial loss for the exporter. Additionally, under the Commerce (Trade Descriptions) Act 1905-1950, mislabelling or providing misleading information about the product can result in fines. The specific penalties are not detailed in the Regulations but typically can include substantial monetary fines or, in more severe cases, criminal charges. The precise penalties would depend on the nature and extent of the breach.