Exports (Dairy Produce) Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 201, under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, were enacted to amend the Exports (Dairy Produce) Regulations, specifically addressing the quality and labelling standards for exported cheese products. The regulation was made by the Governor-General, acting with the advice of the Federal Executive Council, on behalf of the relevant ministers. The policy objective behind these amendments was to ensure that cheese exported from Australia adheres to specified quality and safety standards, particularly concerning the permissible levels of preservatives such as sorbic acid and sulphur dioxide, and to mandate clear labelling when such preservatives are present.

Scope and Application

This legislative instrument, titled "Statutory Rules 1980 No. 201," represents a regulation made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905. It applies to the export of dairy products, specifically cheese, within the Commonwealth of Australia, thus regulating entities involved in the dairy export industry. The regulations primarily focus on the permissible levels of certain preservatives in cheese, specifically sorbic acid and sulphur dioxide, to ensure safety and compliance with trade standards. These regulations specify the maximum allowable quantities of these preservatives in various forms of cheese and require that the presence of these additives be indicated in the trade description of the product. The regulation is applicable across the Commonwealth, thereby affecting all parties involved in the export of cheese from Australia. Notably, these regulations do not explicitly exclude any categories of cheese or entities from their purview, thereby encompassing all cheese exporters operating within Australia. The scope of this regulation is further extended through subordinate instruments, which may include additional specifications and amendments to the standards set forth herein.

Key Provisions

The main operative sections of this regulation, detailed in the Second Schedule, primarily modify the Exports (Dairy Produce) Regulations by altering the permissible additives in cheese and other dairy products. These modifications, found in paragraphs (a) to (h), refine the permissible limits of sorbic acid and sulphur dioxide in various types of cheese and introduce the requirement for specific trade descriptions when preservatives are used. For instance, the regulation specifies that cheese may contain not more than 0.3 parts per centum of sorbic acid, except in certain cases where lower limits apply. Furthermore, Australian Processed Cheddar Cheese and Australian Processed Gruyere Cheese, when in sliced form, may contain up to 0.2 parts per centum of sorbic acid. These amendments ensure that the dairy products meet specified standards before exportation. The obligations imposed by this regulation require exporters to ensure that their cheese and other dairy products comply with the updated additive limits and labelling requirements. For example, exporters must now verify that the cheese contains no more than the stipulated amounts of sorbic acid and sulphur dioxide, and if these preservatives are used, they must include the words "preservative added" in a prominent and legible manner on the trade description. Failure to adhere to these specifications could result in non-compliance with the regulation, potentially affecting the legality of the exportation of the dairy products. Breaches of these regulations can lead to significant consequences. The regulation does not explicitly state penalties for non-compliance, but violations of the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, under which these regulations are made, can result in both civil and criminal penalties. Under the Customs Act, penalties can include fines of up to $22,200 for individuals and up to $111,000 for corporations for each offence. Additionally, under the Trade Descriptions Act, misleading trade descriptions can lead to fines of up to $1,100 per item for individuals and $5,500 per item for corporations. These penalties underscore the importance of adhering to the regulation to avoid legal repercussions.