Exports (Dairy Produce) Regulations (Amendment)

Legislation au C1965L00045 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1965. No. 45.

REGULATIONS UNDER THE CUSTOMS ACT 1901-1963 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 1901-1963 and the Commerce (Trade Descriptions) Act 1905-1950.

Dated this eighth

day of  April, 1965.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

(sgd.) C. F. ADERMANN

Minister of State for Primary Industry and for and on behalf of the Minister of State for Customs and Excise.

Amendments of the Exports (Dairy Produce) Regulations.†

Exportation of dairy produce prohibited except subject to conditions.

1. Regulation 7 of the Exports (Dairy Produce) Regulations is amended—

(a) by inserting in paragraph (g) of sub-regulation (1.), after the words “six ounces,”, the words “eight ounces,”; and

(b) by omitting paragraph (j) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(j) the dairy produce is loaded, for export, into a hold of a ship that in the opinion of an officer—

(i) is not in an insanitary condition; and

(ii) does not contain any goods that are likely to cause the dairy produce to become contaminated,

and is stored in that hold to the satisfaction of an officer.”.

Grades of butter and cheese.

2. Regulation 8 of the Exports (Dairy Produce) Regulations is amended by omitting from sub-regulation (3.) the words—

“Cheese graded at 86 to 89 points inclusive.................

Second quality”

and inserting in their stead the words—

“Cheese graded at 88 to 89 points inclusive.................

Second quality”.

Trade description.

3. Regulation 10 of the Exports (Dairy Produce) Regulations is amended by omitting sub-regulation (10.) and inserting in its stead the following sub-regulation:—

“(10.) In the case of tinned dairy produce that is packed in another container, the trade description may be applied to the tinned dairy produce by means of a paper label if the Secretary so authorizes.”.

Export permits, certificates, etc.

4. Regulation 19 of the Exports (Dairy Produce) Regulations is amended by omitting from paragraph (f) of sub-regulation (1.) the figures “86” and inserting in their stead the figures “88”.

* Notified in the Commonwealth Gazette on 22 April, 1965.

† Statutory Rules 1962, No. 36, as amended by Statutory Rules 1963, No. 137.

11910/64.—Price 1s. 10/26.2.1965.

 

Second Schedule.

5. The Second Schedule to the Exports (Dairy Produce) Regulations is amended by omitting item 4 and inserting in its stead the following item:—

4. Casein

1. Casein shall be—

(a) rennet casein, grade 1;

(b) rennet casein, grade 2;

(c) acid casein, special grade;

(d) acid casein, standard grade; or

(e) casein of a quality approved by the Secretary.

2. For the purpose of this item—

(a) rennet casein shall be graded grade 1 if it complies with the following requirements:—

(i) it contains not more than—

(a) 1.5 parts per centum of fat; and

(b) 13 parts per centum of moisture or, where the casein has been stored for a period of not less than one month, 13.5 parts per centum of moisture;

(ii) it contains not less than 7.5 parts per centum of ash; and

(iii) the colour of the casein is not deeper in colour than colour standard “B” specified in British Standard No. 1416C of 1962; and

(b) rennet casein shall be graded grade 2 if it complies with the following requirements;—

(i) it contains not more than—

(a) 2 parts per centum of fat; and

(b) 13 parts per centum of moisture or, where the casein has been stored for a period of not less than one month, 13.5 parts per centum of moisture;

(ii) it contains not less than 7.5 parts per centum of ash; and

(iii) the colour of the casein is not deeper in colour than colour standard “C” specified in British Standard No. 1416C of 1962.

3. For the purposes of this item, rennet casein shall be deemed to comply with the requirements specified in sub-paragraph (a) or sub-paragraph (b) of the last preceding paragraph, as the case requires, if—

(a) a sample of rennet casein has been taken in accordance with the method specified in British Standard No. 1416 of 1962;

 

1. The trade description, other than the trade description of casein referred to in sub-paragraph (e) of paragraph 1 of the Second Column of this item shall include—

(a) the grade of the casein; and

(b) in the case of—

(i) rennet casein—the words “rennet casein”; or

(ii) acid casein—the words “lactic casein”, “hydrochloric casein” or “sulphuric casein”, as the case requires.

2. The trade description of casein referred to in sub-paragraph (c) of paragraph 1 of the Second Column of this item shall include words indicating the quality of the casein.

3. Where the trade description of casein includes the size of the particles of the casein, the statement of the size shall be by reference to a size of mesh of a sieve specified in British Standard 410 of 1962 published by the British Standards Institution.

 


 

(b) a part of the sample so taken has been analysed in accordance with the method specified in British Standard No. 1416 of 1962 in relation to the matters specified in the last preceding paragraph;

(c) another part of the sample has been prepared for viewing in accordance with the method specified in British Standard No. 1416 of 1962; and

(d) the results of the analysis and of the viewing of the sample show that the sample complies with the requirements specified in sub-paragraph (a) or sub-paragraph (b) of the last preceding paragraph, as the case requires.

4. For the purpose of this item—

(a) acid casein shall be graded special grade if it complies with the following requirements:—

(i) it contains not more than—

(a) 12 parts per centum or moisture or, where the casein has been stored for a period of not less than one month, 12.5 parts per centum of moisture;

(b) 2 parts per centum of /?/at;

(c) 0.22 of free acidity expressed as millilitres of 0.1N sodium hydroxide required to neutralize the extract from one gramme of casein; and

(d) 2.2 parts per centum of residue on ignition at 850 degrees Centigrade; and

(ii) where a sample of the casein is heated to a temperature of 102 degrees Centigrade and maintained at that temperature for five hours, the colour of the casein is not deeper in colour than colour standard “B” specified in British Standard No. 1417C of 1963; and

(b) acid casein shall be graded standard grade if it complies with the following requirements:—

(i) it contains not more than—

(a) 12 parts per centum of moisture or, where the casein has been stored for a period of not less than one month, 12.5 parts per centum of moisture;

(b) 2.25 parts per centum of fat;

 

 


(c) 0.28 of free acidity expressed as millilitres of 0.1N sodium hydroxide required to neutralize the extract from one gramme of casein; and

(d) 2.5 parts per centum of residue on ignition at 850 degrees Centigrade; and

(ii) where the casein is heated to a temperature of 102 degrees Centigrade and maintained at that temperature for five hours, the colour of the casein is not deeper in colour than colour standard “C” specified in British Standard No. 1417C of 1963.

5. For the purpose of this item, acid casein shall be deemed to comply with the requirements specified in sub-paragraph (a) or sub-paragraph (b) of the last preceding paragraph, as the case requires, if—

(a) a sample of acid casein has been taken in accordance with the method specified in British Standard No. 1417 of 1963;

(b) a part of the sample so taken has been analysed in accordance with the method specified in British Standard No. 1417 of 1963 in relation to the matters specified in the last preceding paragraph;

(c) another part of the sample has been heated in accordance with the provisions of this item and prepared for viewing in accordance with the method specified in British Standard No. 1417 of 1963; and

(d) the results of the analysis and of the viewing of the sample, when so heated and prepared, show that the sample complies with the requirements specified in sub-paragraph (a) or sub-paragraph (b) of the last preceding paragraph, as the case re quires.

6. Casein shall be free or practically free of charred particles and extraneous matter.

7. A reference in the preceding paragraphs of this item to a British Standard is a reference to a British Standard published by the British Standards Institution.

 

 

Second Schedule.

6. The Second Schedule to the Exports (Dairy Produce) Regulations is amended—

(a) by inserting after paragraph 1 in the second column of item 5 the following paragraph:—

“1a. The cheese shall have been prepared from pasteurized milk.”;

(b) by omitting from paragraph 2 in the second column of item 5 the figures “86” and inserting in their stead the figures “88”;

(c) by omitting from sub-paragraph (a) of paragraph 10 in the second column of item 5 the figures “38” and inserting in their stead the figures “37”;

(d) by omitting from sub-paragraph (c) of paragraph 5 in the second column of item 9 the figures “53” and inserting in their stead the figures “55”;

(e) by omitting from sub-paragraph (f) of paragraph 6 in the second column of item 17 the word “harmfulness” and inserting in its stead the word “harmless”; and

(f) by omitting paragraph 2 in the third column of item 17 and inserting in its stead the following paragraph:—

“2. Where dried milk is packed in containers holding 25 pounds gross weight or more, the trade description shall also include the words ‘spray dried’ or ‘roller dried’, whichever is applicable.”.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1965 No. 45, made under the Customs Act 1901-1963 and the Commerce (Trade Descriptions) Act 1905-1950, were enacted to refine and update regulations governing the export of dairy produce, particularly in terms of quality standards, packaging, and trade descriptions. This legislation was introduced to address inconsistencies and gaps in the existing regulatory framework, aiming to ensure that Australian dairy exports met international quality standards and consumer expectations. The regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, to provide a consistent and enforceable framework for the export of dairy products, thereby enhancing Australia’s reputation in the global dairy market. The policy objective of these regulations is to maintain and improve the quality of Australian dairy exports, ensuring they comply with international standards and are correctly described to consumers abroad. By updating the grades and quality specifications of dairy products, the regulations aim to protect both the reputation of Australian dairy products and the health and safety of consumers in importing countries. The amendments focus on ensuring that dairy products are exported under sanitary conditions, meet specified quality standards, and are accurately described to avoid misleading consumers regarding their quality and origin.

Scope and Application

The Statutory Rules 1965 No. 45, made under the Customs Act 1901-1963 and the Commerce (Trade Descriptions) Act 1905-1950, primarily concern the regulation of the export of dairy produce. This includes setting conditions for the exportation, grades, and trade descriptions of dairy products, as well as the requisite permits and certificates. The regulations apply to entities involved in the export of dairy produce from Australia, ensuring compliance with specified standards to maintain product quality and prevent contamination. These rules are applicable nationally, as they are enacted under Commonwealth legislation, thereby extending across all states and territories of Australia. There are no explicit exclusions or exemptions mentioned in the text, though the application of these regulations might be subject to further delineation in subordinate instruments. The amendments and conditions specified within these regulations are designed to enhance the quality and safety of exported dairy products, thereby protecting both domestic and international market interests.

Key Provisions

The main operative sections of these regulations under the Customs Act 1901-1963 and the Commerce (Trade Descriptions) Act 1905-1950 pertain to the export of dairy produce. Regulation 7 has been amended to specify that dairy produce can only be exported if it is loaded into a ship's hold deemed not insanitary and free from contaminants by an officer (section 1). Regulation 8 has been revised to adjust the grading of cheese, now graded at 88 to 89 points as second quality (section 2). Regulation 10 now allows for the application of trade descriptions on tinned dairy produce packed in another container via a paper label, subject to the Secretary's authorization (section 3). Regulation 19 has been altered to adjust the grading criteria for butter export from 86 points to 88 points (section 4). Additionally, the Second Schedule has been amended to redefine the quality and trade descriptions for casein, including rennet casein and acid casein, specifying their respective grades and permissible moisture and fat content (section 5). These regulations impose several obligations on parties involved in the export of dairy produce. They mandate that dairy produce must be exported under specific conditions, including loading it into a ship's hold that meets sanitary standards and is free from contaminants. The quality and grading of dairy products such as butter and cheese must adhere to the specified criteria, with cheese now graded at 88 to 89 points as second quality. The trade descriptions for casein must include details such as the grade of casein and the size of its particles, adhering to British Standards. Exporters must also ensure that cheese is prepared from pasteurised milk and that dried milk packed in containers of 25 pounds or more includes a trade description indicating whether it is spray dried or roller dried. Breach of these regulations can lead to various consequences, including civil and criminal penalties. For instance, exporting dairy produce that does not meet the stipulated conditions can result in fines or other penalties as prescribed under the Customs Act 1901-1963 and the Commerce (Trade Descriptions) Act 1905-1950. The specific maximum penalties are not detailed in the text but would typically be outlined in the relevant acts. Failure to comply with the quality and grading standards can also result in the rejection of the export consignment and potential legal action for misrepresentation of goods.

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