Exports (Canned and Frozen Fruits) Regulations (Amendment)

Overview

This Statutory Rule, enacted in 1956, amends the Exports (Canned and Frozen Fruits) Regulations under the Customs Act 1901-1954 and the Commerce (Trade Descriptions) Act 1905-1950. The regulation was introduced to standardise the quality and trade descriptions of peaches that are exported in canned form, ensuring that consumers receive products of consistent quality. The objective is to provide clarity and protect consumers by clearly defining the quality standards for peaches, including specifications for the removal of skins, the variety of peaches, the diameter, the can size, and the sugar content in the syrup. The regulation also mandates specific trade descriptions on the labels and containers to inform consumers about the quality and variety of the peaches.

Scope and Application

The regulation applies to the export of canned and frozen peaches in Australia, specifically targeting entities and individuals involved in the canning and export of peaches. It sets out specific standards for the quality and trade descriptions of peaches intended for export, differentiating between "Choice Quality" and "Standard Quality" categories. The regulation is issued under the authority of the Customs Act 1901-1954 and the Commerce (Trade Descriptions) Act 1905-1950, thereby extending its reach across the Commonwealth of Australia. The regulation mandates that peaches must meet certain criteria such as skin removal method, can size, sugar content in syrup, and the inclusion of specific trade descriptions on labels and containers. There are no stated exclusions or exemptions within the regulation, and it is comprehensive in its application to all entities exporting canned peaches. Subordinate instruments may further extend or specify the application of these regulations, ensuring compliance and maintaining quality standards for exported peaches.

Key Provisions

The Statutory Rules 1956, No. 42, made under the Customs Act 1901-1954 and the Commerce (Trade Descriptions) Act 1905-1950, amend the Exports (Canned and Frozen Fruits) Regulations by adding new items 50 B and 50 C to Part I of the Third Schedule. These items pertain to the quality and labelling requirements for peaches that are to be exported. Specifically, item 50 B pertains to "Choice Quality" peaches, requiring that the skins be removed using a lye solution (item 1), the label and container must state "Whole Peaches" and "Choice Quality" (item 1), and each can and case must contain only one variety of peaches (item 2). For Clingstone peaches, the label must include "Yellow Cling" or "Yellow Clingstone" (item 2). The peaches must be sound, ripe, free from blemishes, and uniform in colour, size, and maturity (item 4). The diameter of each peach must be at least 2¼ inches at the time of canning (item 3), and the peaches must be packed in cans of at least thirty ounces (item 5). The syrup must contain 35% by weight of cane sugar (item 6). Item 50 C pertains to "Standard Quality" peaches, which must comply with the same conditions as those in item 50 B, except the label must state "Standard Quality" and the syrup must contain 25% by weight of cane sugar (item 3). The legislation imposes several obligations on the parties involved. Manufacturers, packers, and exporters of peaches must ensure that the peaches meet the specified quality criteria, including the removal of skins by lye solution, the diameter of the peaches, and the uniformity in colour, size, and maturity. They are also required to label the cans and containers accurately, including the variety of peaches and the quality grade. The cans must contain only one variety of peaches, and the syrup must contain the specified percentage of cane sugar. Failure to comply with these requirements can result in the peaches being deemed non-compliant for export. Breach of these regulations can result in various penalties and consequences. While the specific penalties are not detailed in the provided text, under Australian law, breaches of regulations typically result in administrative penalties, such as fines. For serious or repeated violations, there could be additional penalties, including potential criminal charges, depending on the severity and intent of the breach. The exact penalties would be determined by the relevant authorities enforcing the Customs Act 1901-1954 and the Commerce (Trade Descriptions) Act 1905-1950. Ensuring compliance with these regulations is essential to avoid any legal repercussions and to maintain the quality standards expected for exported goods.