Exports (Fresh Fruit) Regulations (Amendment)

Legislation au C2004L04546 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULES 1982 No. 86

Issued by the Authority of the Minister for Primary Industry

EXPORTS (FRESH FRUIT) REGULATIONS

(AMENDMENT)

The Exports (Fresh Fruit) Regulations which derive their authority from the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, prescribe the export inspection conditions with which fresh fruit intended for export must comply. Their purpose is to ensure that Australian fresh fruit is of a standard acceptable in overseas markets.

The Regulations have been amended to reflect updated requirements applicable to fresh fruit for export.

Regulation 1 (Amending Regulation 4 of the Principal Regulations - Interpretation)

The Definitions in the Regulations have been amended to incorporate aircraft, airports, depots, railway stations or railway sidings, railway wagons, road transport vehicles and container system units as appointed places where fresh fruit may be examined before export.


Regulation 2 (Amending Regulation 8 of the Principal Regulations - Export of Fresh Fruit Prohibited Except Subject to Conditions)

The amendment permits the exportation of pineapples without the need to be prepared and packed in an export establishment. Pineapples are now packed in the field or in portable sheds.

Regulation 3 (Amending Regulation 9 of the Principal Regulations

Registration of Export Establishments for Bananas, Citrus Fruit and Pineapples)

The amendment removes reference to export establishments being registered for the receipt, processing, packing and storage of pineapples.

Regulation 4 (Amending Regulation 12 of the Principal Regulations - Requirements as to Trade Description)

Regulation 12 (1) (c) requires the trade description to be applied to fresh fruit to contain details of the producer and exporter of the fruit, and under some circumstances, the particulars of the owner of the packing establishment.


The amendment requires, in the case of citrus fruit, that the name of the packer or his official registration number must be shown in the trade description. In the case of apples and pears, an identification number for the packer must be shown in the trade description.

Regulation 5 (Amending the Second Schedule to the Principal Regulations)

An amendment to the table in sub-paragraph 3 (1) removes the Australian dump package from the list of approved packages as this package is no longer in use.

Regulation 6 (Amending the Third Schedule to the Principal Regulations)

(a) Quality grades have been replaced by a numerical classification to conform to international standards and the “Red Jonathan” apple variety has been removed from the export list to avoid confusion with the variety “Jonathan”.

(b) The export of approved apple varieties of specified sizes or counts will no longer be restricted to certain destinations.


(c) Those pear varieties that are no longer required by overseas markets have been removed from the export list and the remaining varieties may be exported to any destinations.

(d) Individual wrapping of pears and use of protective material in packages will be optional on the recommendation of industry organisations.

Regulation 7 (Further Amendments of the Third Schedule to the Principal Regulations)

(a) Amendments to Item 1 remove references to Australian dump package and quality grades (substituting numerical classification); provide for apples to be free from sunburn and makes wrapping of apples an optional matter.

(b) An amendment of Item 2 removes the requirement that grapes shall be packed with granulated cork. There has been a considerable increase in the airfreight of grapes and use of cork is not justified for consignments sent by air.

(c) Amendments to Items 3, 4 and 5 remove the requirement that grapefruits, lemons and mandarins shall be wrapped and replace quality grades by a numerical classification. Wrapping will no longer be essential and will depend on the requirements of the importing country.

(d) Amendments to Item 6 remove the wrapping requirement for oranges; replace quality grades with numerical classifications and prohibit export of Class II oranges to countries other than New Zealand.

(e) Minor technical changes are being made to Item 9 to update requirements and standards for pineapples due to changes over the years in harvesting, fungicidal treatment, packaging and transport.

(f) An amendment to Item 10 will allow small size plums to be exported whenever there is a demand in overseas markets.

Regulation 8 (Amending the Fourth Schedule to the Principal Regulations)

The word “pineapples” has been removed from Forms 1 and 2.

The words “Registration No.” have been inserted in Form 2.

Overview

The Exports (Fresh Fruit) Regulations (Amendment) Statutory Rules 1982 No. 86, issued by the authority of the Minister for Primary Industry, were enacted to amend existing regulations concerning the export of fresh fruit from Australia. These amendments were introduced to address the need for updated requirements to ensure that Australian fresh fruit meets the standards acceptable in overseas markets. The objective of these regulations is to maintain and improve the quality and presentation of Australian fresh fruit exports, thereby supporting the agricultural sector and facilitating smoother trade processes. The regulations were made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, reflecting a commitment to harmonising export standards with international practices.

Scope and Application

The Exports (Fresh Fruit) Regulations, derived from the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, govern the export inspection conditions for fresh fruit intended for overseas markets, ensuring that Australian produce meets international standards. These regulations apply to persons and entities involved in the export of fresh fruit, including producers, exporters, and packers, and pertain to the conduct and transactions associated with the export process. Geographically, these regulations extend across Australia and are subject to the oversight of federal authorities. There are no explicit exclusions or exemptions mentioned within the text; however, certain amendments, such as those relating to the removal of specific fruit varieties or packaging requirements, imply certain exclusions by default. The regulations may also be extended or restricted through subordinate instruments, although this is not detailed in the provided text. The amendments include updates to definitions, packaging, and quality standards to better align with international practices and market demands.

Key Provisions

The Exports (Fresh Fruit) Regulations (Amendment) primarily amend the existing regulations concerning the export of fresh fruit from Australia, ensuring compliance with updated standards and requirements. Regulation 1 amends the definition of "appointed place" to include various locations such as aircraft, airports, depots, and road transport vehicles, where fresh fruit can be inspected before export (Reg 1). Regulation 2 allows pineapples to be exported without the necessity of being prepared and packed in an export establishment, permitting packing to occur in the field or in portable sheds instead (Reg 2). Regulation 3 removes the requirement for export establishments to be registered specifically for the receipt, processing, packing, and storage of pineapples (Reg 3). Additionally, Regulation 4 mandates that trade descriptions for citrus fruit must include the packer's name or official registration number, while apples and pears must have an identification number for the packer included in the trade description (Reg 4). These amendments impose specific obligations on exporters and packers of fresh fruit. Exporters must ensure that their fruit complies with the updated inspection and packaging requirements, including the addition of necessary trade descriptions and packer identification numbers as stipulated. The removal of the need for certain types of registration and the flexibility in packaging methods aims to streamline the export process while maintaining the quality standards expected by overseas markets. For example, pineapples can now be packed in the field or portable sheds, which might require exporters to have appropriate facilities and procedures in place to ensure compliance with the new standards. The Regulations do not explicitly state specific offences, penalties, or consequences for non-compliance within the text provided. However, given the authority deriving from the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, non-compliance could potentially lead to legal actions under these Acts. Such actions might include fines, penalties, or other enforcement measures as prescribed by these primary Acts. The precise penalties would depend on the specific nature of the non-compliance and the relevant provisions of the Customs Act and the Commerce (Trade Descriptions) Act.

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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.