Exports (Fresh Fruit) Regulations (Amendment)

Overview

Statutory Rules 1973 No. 140, made under the Customs Act 1901-1971 and the Commerce (Trade Descriptions) Act 1905-1966, was enacted to ensure the proper packaging and trade descriptions of fresh fruit exports from Australia, specifically addressing the quality standards for apples and pears. This legislative instrument was introduced to rectify issues related to the packaging and quality standards of fresh fruit exports, ensuring compliance with international trade expectations and maintaining the reputation of Australian produce in the global market. The Regulations were made by the Governor-General, acting on the advice of the Executive Council, and the policy objective is to uphold the quality and presentation of Australian fresh fruit exports by specifying detailed packaging requirements and permissible blemish levels for certain varieties of apples and pears.

Scope and Application

The Statutory Rules 1973 No. 140, made under the Customs Act 1901-1971 and the Commerce (Trade Descriptions) Act 1905-1966, primarily regulate the export of fresh fruit by amending the Exports (Fresh Fruit) Regulations. These regulations apply to entities involved in the export of fresh fruit, including individuals, businesses, and corporations that pack and trade apples and pears for export purposes. The regulations are intended to ensure that these fruits meet specific packing and quality standards when exported, thereby maintaining the integrity and quality of Australian fresh fruit in international markets. The regulations have a national jurisdictional reach across Australia, as they are established under Commonwealth law. However, the regulations may be subject to additional state or territory laws that govern specific aspects of fruit exports. Notably, these regulations do not explicitly provide for exclusions or exemptions, implying that all entities involved in the export of fresh fruit are subject to these standards unless otherwise specified by other legislation or subordinate instruments. Furthermore, the regulations can be extended or restricted through additional subordinate instruments, which may further define specific details or introduce new standards as needed.

Key Provisions

The Regulations under the Customs Act 1901-1971 and the Commerce (Trade Descriptions) Act 1905-1966 primarily amend the Exports (Fresh Fruit) Regulations, with specific focus on the packing and trade descriptions of apples and pears. Under the new provisions, apples (regulation 7a) must be packed without leaves, stems, or other pieces of apple trees, though a leafless stem can be attached to any apple. For bulk bins, the trade description must specify the size or size range of the apples packed within (regulation 4). Additionally, the variety "Flame Tokay" is introduced as a permissible apple variety (regulation 2). The Regulations impose obligations on parties involved in the export of fresh fruit, requiring them to adhere to the specified packing standards for apples and pears. For pears, they must be packed without leaves, stems, or other pieces of pear trees, with the allowance for a leafless stem (regulation 2a). The Regulations also set forth standards for permissible blemishes on pears. For pears other than Packhams Triumph, blemishes must be superficial, affecting no more than ten per cent of the pears in a container, with a maximum blemish area of a quarter-inch diameter circle. For Packhams Triumph pears, blemishes can affect up to twenty-five per cent of the pears, with a maximum blemish area of a three-eighths of an inch diameter circle (regulation 5). Breach of these Regulations can lead to various penalties. While the specific penalties are not detailed within the text of the Regulations themselves, they would generally fall under the purview of the Customs Act 1901-1971 and the Commerce (Trade Descriptions) Act 1905-1966. These Acts provide for both civil and criminal penalties for non-compliance, which can include fines and, in more serious cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or additional regulations.