Exports (Canned Fruits) Regulations (Amendment)

Legislation au C1948L00078 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1948. No. .

 

REGULATION UNDER THE CUSTOMS ACT 1901-1947 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933.

Dated this twenty-third day of June, 1948.

W. J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Commerce, and Agriculture and for and on behalf of the Minister of State for Trade and Customs.

 

Amendment of the Exports (Canned Fruits) Regulations.†

Second Schedule.

The Second Schedule to the Exports (Canned Fruits) Regulations is amended—

(a) by omitting from paragraph 5 in the second column of Item 18 the figures “20” and inserting in their stead the words “not less than 20 per centum and not more than 23”;

(b) by omitting paragraph 4 in the second column of Item 48 and inserting in its stead the following paragraph :—

“4. The syrup used shall be clear and shall contain sufficient cane sugar to give a cut out of not less than 25 per centum and not more than 28 per centum Brix at 60° Fahrenheit.”;

(c) by omitting from paragraph 5 in the second column of that Item the figures “23” and inserting in their stead the words “not less than 25 per centum and not more than 28”;

(d) by omitting paragraph 4 in the second column of Item 49 and inserting in its stead the following paragraph :—

“4. The syrup used shall be clear and shall contain sufficient cane sugar to give a cut out of not less than 22 per centum and not more than 25 per centum Brix at 60° Fahrenheit.”;

 

* Notified in the Commonwealth Gazette on , 1948.

† Statutory Rules 1938, No. 109, as amended by Statutory Rules 1944, No. 140.

2955.—Price 3d. 8/31.5.1948.


(e) by omitting from paragraph 5 in the second column of that Item the figures “20” and inserting in their stead the words “not less than 22 per centum and not more than 25”;

(f) by omitting paragraph 3 in the second column of Item 50 and inserting in its stead the following paragraph :—

“3. The syrup used shall be clear and shall contain sufficient cane sugar to give a cut out of not less than 22 per centum and not more than 25 per centum Brix at 60° Fahrenheit.”;

(g) by omitting from paragraph 4 in the second column of that Item the figures “17” and inserting in their stead the words “not less than 22 per centum and not more than 25”;

(h) by omitting paragraph 3 in the second column of Item 5 and inserting in its stead the following paragraph :—

“3. The syrup used shall be clear and shall contain sufficient cane sugar to give a cut out of not less than 25 per centum and not more than 28 per centum Brix at 60° Fahrenheit.”;

(i) by omitting from paragraph 4 in the second column of that Item the figures “23” and inserting in their stead the words “not less than 25 per centum and not more than 28”;

(j) by omitting paragraph 3 in the second column of Item 52 and inserting in its stead the following paragraph :—

“3. The syrup used shall be clear and shall contain sufficient cane sugar to give a cut out of not less than 22 per centum and not more than 25 per centum Brix at 60° Fahrenheit”.

(k) by omitting from paragraph 4 in the second column of that Item the figures “20” and inserting in their stead the words “not less than 22 per centum and not more than 25”;

(l) by omitting paragraph 3 in the second column of Item 53 and inserting in its stead the following paragraph :—

“3. The syrup used shall be clear and shall contain sufficient cane sugar to give a cut out of not less than 22 per centum and not more than 25 per centum Brix at 60° Fahrenheit.”;

(m) by omitting from paragraph 4 in the second column of that Item the figures “17” and inserting in their stead the words “not less than 22 per centum and not more than 25”;


(n) by omitting paragraph 2 in the second column of Item 54 and inserting in its stead the following paragraphs:—

“2. It shall be of uniform colour and consistency.

“3. Where cane sugar is added to the fruit during boiling in a steam container, there shall be sufficient to give a cut out of not less than 30 per centum and not more than 33 per centum Brix at 60° Fahrenheit.”; and

(o) by omitting from paragraph 3 in the second column of Item 55 the words “the product shall contain 30 per centum by weight of cane sugar” and inserting in their stead the words “there shall be sufficient to give a cut out of not less than 30 per centum and not more than 33 per centum Brix at 60° Fahrenheit.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules of 1948, No. 109, enacted under the Customs Act 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933, aim to amend the Exports (Canned Fruits) Regulations. These amendments focus on standardising the sugar content of canned fruits exported from Australia, ensuring that they meet specific quality and consistency criteria. The regulation was enacted by the Governor-General in Council, aiming to maintain high standards for Australian produce exported overseas. The policy objective is to ensure that Australian canned fruit products exported meet specific quality standards, thereby enhancing the reputation and marketability of Australian goods internationally.

Scope and Application

The Exports (Canned Fruits) Regulations, as amended by this legislative instrument, apply to the export of canned fruits from Australia. These regulations are made under the Customs Act 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933 and pertain specifically to the quality and composition standards of canned fruits intended for export. The scope of the regulation is confined to entities and individuals involved in the export of canned fruits from Australia, ensuring that these products meet specified standards regarding the sugar content and consistency of the syrup used in the canning process. The amendments outlined in the regulation affect various items listed in the Second Schedule, adjusting the permissible ranges for sugar content to ensure compliance with the quality standards set forth in the legislation. The regulations apply nationally, covering all states and territories of Australia, and do not explicitly state any exclusions or exemptions. The regulation extends its application through the Second Schedule, which lists the specific items affected and the amendments made to the standards for each item.

Key Provisions

The regulation, under the Customs Act 1901-1947 and the Commerce (Trade Descriptions) Act 1905-1933, primarily amends the Exports (Canned Fruits) Regulations (section 1). It specifies the sugar content required for syrups in various canned fruits. For instance, for canned peaches (Item 18), the sugar content in the syrup must be between 20 and 23 per centum (Schedule 2(a)). Similarly, for canned pineapple (Item 48), the syrup must contain between 25 and 28 per centum sugar (Schedule 2(b)). These changes apply to various items listed in the regulation, including cherries, apricots, and plums, where the sugar content requirements vary slightly but follow the same pattern of being between 22 and 28 per centum (Schedule 2(c) to (k)). The obligations imposed by this regulation are primarily on exporters of canned fruits, requiring them to ensure that the syrup used in their canned products meets the specified sugar content levels (Schedule 2). This involves precise measurement and adherence to the Brix scale at 60° Fahrenheit, as outlined in the regulation. Exporters must verify that their products comply with these standards before exporting them. The regulation also mandates uniformity in colour and consistency for certain items, such as the addition of cane sugar during boiling for canned peaches (Schedule 2(n)) and the specific Brix levels for canned plums (Schedule 2(o)). Breaches of these regulations may result in various legal consequences. Under the Customs Act 1901-1947, penalties may be imposed for non-compliance with export regulations, which could include fines or other sanctions. The specific penalties are not detailed in the regulation but are governed by the broader customs legislation. Additionally, under the Commerce (Trade Descriptions) Act 1905-1933, misrepresentation of goods can lead to civil actions for damages or criminal charges, which could include imprisonment or fines, depending on the severity of the breach. The maximum penalties are not specified in the regulation itself but are outlined in the respective acts.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.