Exports (Fresh Fruit) Regulations (Amendment)

Legislation au C1947L00037 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1947. No. 37.

 

REGULATIONS UNDER THE CUSTOMS ACT 1901-1936 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*

WHEREAS by section 112 of the Customs Act 1901-1936 it is provided that the Governor-General may, by regulation, prohibit the exportation of any goods the exportation of which would, in his opinion, be harmful to the Commonwealth:

And whereas it is provided by the said section that the said power of prohibition shall extend to authorize the prohibition of the exportation of the goods generally, or to any specified place, and either absolutely or so as to allow of the exportation of the goods subject to any condition or restriction:

And whereas I am of opinion that the exportation of fresh fruit, except subject to the conditions and restrictions prescribed by the Exports (Fresh Fruit) Regulations, as amended by the following Regulations, would be harmful to the Commonwealth:

Now therefore 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 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933.

Dated this twentieth day of March ,1947.

(Sgd) W. G. McKell

Governor-General.

By His Excellency’s Command,

(Sgd) R. J. Pollard

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 (Fresh Fruit) Regulations. †

Definitions.

1. Regulation 4 of the Exports (Fresh Fruit) Regulations is amended by inserting in sub-regulation (1.), after the definition of “appointed place”, the following definition:—

“‘clipped’, in relation to citrus fruit, means cut from the tree, with stalk trimmed smooth and not protruding above the top of the basin, by means of a sharp, blunt-nosed clipper or by any other means approved by the Secretary;”.

First Schedule, Item 3.

2. Item 3 in the First Schedule to the Exports (Fresh Fruit) Regulations is amended—

(a) by adding after paragraph 2 (in the Second Column) the following paragraph:—

“3. Each box shall contain one variety of grapes only”; and

(b) by inserting in the third column the following paragraph:—

“1. The trade description shall set out the variety of the grapes contained in each box.”.

First Schedule, Items 3a and 3b.

3. After item 3 in the First Schedule to the Exports (Fresh Fruit) Regulations the following items are inserted:—

* Notified in the Commonwealth Gazette on , 1947.

† Statutory Rules 1938, No. 29, as amended by Statutory Rules 1938, Nos. 38 and 60 ; Statutory Rules 1939, Nos. 12 and 81 ; and Statutory Rules 1940, Nos. 4 and 24.

598.—Price 3d. 8/12.2.1947.

 

“3a. Grapefruits....

1. The outer layers or shown surfaces of the grapefruits shall be a true indication of the contents of each box.

2. Each box shall contain one variety of grapefruit only, and the grapefruits shall be wrapped in paper of a quality approved by the Secretary.

3. No grapefruit shall measure less than 3 inches in diameter. The grapefruits in each box shall not vary in diameter by more than ¼ inch.

4. The grapefruits shall not be dry. They shall be mature, of normal shape and appearance common to the variety, sound, of reasonably even colour, and shall have been clipped from the tree. The weight of juice extractable from a grapefruit (by means of rotating the halves of a freshly divided grapefruit on a conical glass lemon squeezer under hand pressure only and straining the resultant juice through a strainer of not less than 30 meshes to the lineal inch) shall be not less than thirty-three per centum of the total weight of the grapefruit.

5. Grapefruits shall be packed in either of two grades, namely, ‘Special’ or ‘Standard’.

6. Grapefruits described as ‘Special’ shall comply with the requirements of paragraph 4 of this item. The skin shall be of good texture and the rind of not more than medium thickness. The grapefruits shall be free from malformations and more than slight corrugation or ridging. Disfigurements caused by scars, scratches and other blemishes not affecting the soundness of the fruit shall not collectively exceed two and one half per centum of the total surface of any individual grapefruit.

7. Grapefruit described as ‘Standard’ shall comply with the requirements of paragraph 4 of this item. The skin shall be of good texture and the rind of not more than medium thickness. The grapefruits shall be practically free from malformations and marked corrugation or ridging. Disfigurements caused by scars, scratches and other blemishes not affecting the soundness of the fruit shall not collectively exceed ten per centum of the total surface of any individual grapefruit.

8. Grapefruits shall be packed only in boxes of the type described as ‘Citrus’ in the table contained in paragraph 3 of item 1 of this Schedule:

Provided that grapefruits may, with the approval of the Secretary, be packed in boxes of the type described as ‘Australian apple box’ or ‘Standard apple box’ in that table

1. The trade description shall be placed on one end of each box and shall set out—

(a) in letters or figures at least ¼ inch in height if printed on the boxes or applied by means of printed paper labels and at least ¾ inch if stencilled on the boxes, the word ‘Grapefruit’, the variety and number of the grapefruits contained in each box and whether the grapefruits are ‘Special’ or ‘Standard’; and

(b) in letters at least ½ inch in height the word ‘Australia’, the State or Territory in which the grapefruits were produced and the grower’s or exporter’s name or registered brand.

2. For the purpose of paragraph 1 of this item the abbreviation ‘G. fruit’ may be used in lieu of ‘Grapefruit’.

“3b. Lemons.......

1. The outer layers or shown surfaces of the lemons shall be a true indication of the contents of each box.

2. Each box shall contain one variety of lemons only, and the lemons shall be wrapped in paper of a quality approved by the Secretary.

3. No lemon shall measure less than 2 inches in diameter. The lemons in each box shall not vary in diameter by more than ¼ inch.

1. The trade description shall be placed on one end of each box and shall set out—

(a) in letters or figures at least ¼ inch in height if printed on the boxes or applied by

“3d. Lemons—contd.

4. The lemons shall not be dry. They shall be reasonably mature, of normal shape and appearance common to the variety, sound, of reasonably even colour, and shall have been clipped from the tree. The weight of juice extractable from a lemon (by means of rotating the halves of a freshly divided lemon on a conical glass lemon squeezer under hand pressure only and straining the resultant juice through a strainer of not less than 30 meshes to the lineal inch) shall be not less than thirty-three per centum of the total weight of the lemon.

5. Lemons shall be packed in either of two grades, namely, ‘Special’ or ‘Standard’.

6. Lemons described as ‘Special’ shall comply with the requirements of paragraph 4 of this item. The skin shall be of good texture and the rind of not more than medium thickness. The lemons shall be free from long necks and other malformations and from more than slight corrugation or ridging. Disfigurements caused by scars, scratches and other blemishes not affecting the soundness of the fruit shall not collectively exceed two and one half per centum of the total surface of any individual lemon.

7. Lemons described as ‘Standard’ shall comply with the requirements of paragraph 4 of this item. The skin shall be of good texture and the rind of not more than medium thickness. The lemons shall be practically free from long necks and other malformations and from marked corrugation or ridging. Disfigurements caused by scars, scratches and other blemishes not affecting the soundness of the fruit shall not collectively exceed ten per centum of the total surface of any individual lemon.

8. Lemons shall be packed only in boxes of the type described as ‘Citrus’ in the table contained in paragraph 3 of item 1 of this Schedule:

Provided that lemons may, with the approval of the Secretary, be packed in boxes of the type described as ‘Australian apple box’ or ‘Standard apple box’ in that table.

means of printed paper labels and at least ¾ inch if stencilled on the boxes, the word ‘Lemon’, the variety and number of lemons contained in each box and whether the lemons are ‘Special’ or ‘Standard’; and

(b) in letters at least ½ inch in height the word ‘Australia’, the State or Territory in which the lemons were produced and the grower’s or exporter’s name or registered brand.”

First Schedule, Item 5.

4. Item 5 in the First Schedule to the Exports (Fresh Fruit) Regulations is amended—

(a) by omitting sub-paragraph (b) of paragraph 4b (in the second column) and inserting in its stead the following sub-paragraph:—

“(b) thirty cubic centimetres in the case of valencia and other seeded varieties of oranges intended for shipment to New Zealand; and

(c) twenty-six cubic centimetres in the case of oranges intended for shipment to any other destination and navel oranges intended for shipment to New Zealand.”;

and

(b) by omitting from paragraphs 6, 7 and 7a (in the second column) the words “at the stem end” and inserting in their stead the words, “corrugation or ridging”.

 

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

Overview

The Exports (Fresh Fruit) Regulations 1947 were enacted to ensure the quality and consistency of fresh fruit exports from Australia, thereby protecting the nation's reputation in the global market. This legislative instrument was introduced under the authority of the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933, with the intent to prevent the export of substandard or misleadingly described fresh fruit that could harm the Commonwealth's economic interests. The regulations were made by the Governor-General, acting on advice from the Federal Executive Council, highlighting the importance of the issue at a national level. The policy objective was to establish stringent quality standards for fresh fruit exports, ensuring that Australian produce met specific criteria for size, ripeness, and presentation to maintain market integrity and consumer trust.

Scope and Application

The Exports (Fresh Fruit) Regulations, made under the Customs Act 1901-1936 and the Commerce (Trade Descriptions) Act 1905-1933, govern the exportation of fresh fruit from Australia, specifically targeting citrus fruits such as grapefruits, lemons, and oranges. These regulations apply to individuals and entities engaged in the export of fresh fruit, ensuring that such exports adhere to specified conditions and restrictions to prevent harm to the Commonwealth. The regulations are nationally applicable across Australia and establish detailed standards for the quality, packaging, and labelling of fresh fruit destined for export. Certain exclusions or exemptions are not explicitly mentioned in the provided text, but the regulations allow for variations in export standards based on the destination, such as different juice extractable volumes for oranges shipped to New Zealand compared to other destinations. The application and enforcement of these regulations may be extended or modified through subordinate instruments, which could include additional definitions, specific exemptions, or amendments to the existing standards.

Key Provisions

The primary sections of the Exports (Fresh Fruit) Regulations, as amended by the following Regulations, outline specific conditions and restrictions on the exportation of fresh fruit, particularly focusing on citrus fruits such as grapefruits, lemons, and oranges. Section 1 of the Regulations provides a definition for the term "clipped" in relation to citrus fruit, specifying the method of cutting and trimming required. Section 2 of the Regulations introduces new conditions for the export of grapes, including that each box must contain only one variety of grapes and that the trade description must specify the variety of grapes in each box. Section 3a introduces detailed requirements for the export of grapefruits, including the size, quality, and packaging specifications. Similarly, Section 3b introduces detailed requirements for the export of lemons, including the size, quality, and packaging specifications. Lastly, Section 4 modifies the requirements for the export of oranges, including the minimum juice content and changes to the description of acceptable fruit conditions. The obligations imposed by these Regulations on exporters and relevant parties include ensuring that the fresh fruit meets the specified quality and packaging standards before exportation. Exporters must ensure that each box contains only one variety of fruit, the fruit is of the required size and quality, and the trade description is clearly marked on the box. Additionally, the fruit must be clipped from the tree in the specified manner and packed in boxes of the approved type. The Regulations also require that the fruit be accompanied by the necessary documentation, including the variety, number, grade, and origin of the fruit. Failure to comply with these Regulations can result in significant consequences. Breaches of these provisions may lead to penalties, including fines and potential legal action. The exact penalties are not specified within the text of the Regulations, but under Australian law, breaches of such regulations can result in substantial financial penalties, as well as potential criminal charges in severe cases. Additionally, non-compliance can lead to the seizure and destruction of the affected fruit, which can have significant financial implications for the exporter.

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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.