Exports (Fresh Fruit) Regulations (Amendment)

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STATUTORY RULES

1969 No.

_________

REGULATIONS UNDER THE CUSTOMS ACT 1901-1968 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1966.*

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 1901-1968 and the Commerce (Trade Descriptions) Act 1905-1966.

Dated this seventeenth day of March, 1969.

CASEY

Governor-General.

By His Excellency’s Command,

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

_________

Amendments of the Exports (Fresh Fruit) Regulations†

Interpretation.

1. Regulation 4 of the Exports (Fresh Fruit) Regulations is amended by omitting the definition of “clipped”.

Third Schedule—Item 1.

2. Item 1 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended—

(a) by omitting from the table in sub-paragraph (7.) of paragraph 1 (in the second column)—

(i) the words and figures—

“Cox’s Orange Pippin .. 225–160 225–160 225–160”

and inserting in their stead the words and figures—

“Cox’s Orange Pippin .. 225-140 225–140 225-160”;

and

(ii) the words and figures—

“Delicious .. .. .. 200–128 200–112 225–96”

and inserting in their stead the words and figures—

“Delicious .. .. .. 200–128 200–112 225–80”;

(b) by inserting in sub-paragraph (2.) of paragraph 3 (in the second column) after the words “Granny Smith” the words “, Golden Delicious”; and

(c) by omitting sub-paragraph (2.) of paragraph 4 (in the second column) and inserting in its stead the following paragraph:—

“(2.) For the purposes of this paragraph, smooth and not unsightly russeting shall not be deemed to be a blemish if—

(a) in the case of an apple of the Sturmer variety, not more than fifty per centum;

____________________________________________________________________________________

* Notified in the Commonwealth Gazette on 1969.

† Statutory Rules 1955, No. 61, as amended by Statutory Rules 1956, Nos. 20, 27 and 123; 1957, No. 36; 1958, No. 24; 1959, No. 6; 1960, Nos. 16 and 38; 1961, Nos. 20 and 111; 1962, No. 37; 1963, Nos. 15 and 140; 1964, Nos. 11 and 28; 1965, No. 22; 1966, Nos. 49 and 84; 1967, No. 22; and 1968, No. 16.

11924/69—Price 8c 10/6.3.1969

(b) in the case of an apple of the Golden Delicious variety, not more than fifteen per centum;

(d) in the case of an apple of any other variety, not more than twenty-five per centum,

of the surface of the apple is affected.”.

Third Schedule—Item 3.

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

(a) by inserting after paragraph 3 (in the second column) the following paragraph:—

“3a.—(1.) Except in a case to which the next succeeding paragraph applies, the grapefruits shall be treated with a fungicide approved by the Secretary in a manner approved by the Secretary.

“(2.) Where the grapefruits are washed in water or immersed in a wax emulsion, the water or the wax emulsion, as the case may be, shall contain a fungicide approved by the Secretary in a concentration approved by the Secretary.”;

and

(b) by omitting paragraph 1 (in the third column) and inserting in its stead the following paragraph;—

“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 high if printed on the box or applied by means of printed paper labels and at least ¼ inch high if stencilled on the box, the word ‘Grapefruit’, the variety and number of grapefruits contained in the box and the word ‘Special’ or ‘Standard’, as the case may be; and

(b) in letters at least 1 inch high the word ‘Australia’, the State or Territory in which the grapefruits were produced and the details required to be included in the trade descriptions by paragraph (c) of sub-regulation (1.) of regulation 12 of these Regulations.”.

Third Schedule—Item 4.

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

(a) by inserting after paragraph 3 (in the second column) the following paragraph:—

“3a.—(1.) Except in a case to which the next succeeding paragraph applies, the lemons shall be treated with a fungicide approved by the Secretary in a manner approved by the Secretary.

“(2.) Where the lemons are washed in water or immersed in a wax emulsion, the water or the wax emulsion, as the case may be, shall contain a fungicide approved by the Secretary in a concentration approved by the Secretary.”;

and

(b) by omitting paragraph 1 (in the third column) and inserting in its stead the following paragraph:—

“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 high if printed on the box or applied by means of printed paper labels and at least ¼ inch high if stencilled on the box, the word ‘Lemon’, the variety and number of lemons contained in the box and the word ‘Special’ or ‘Standard’, as the case may be; and

(b) in letters at least ¼ inch high the word ‘Australia’, the State or Territory in which the lemons were produced and the details required to be included in the trade description by paragraph (c) of sub-regulation (1.) of regulation 12 of these Regulations.”.

Third Schedule—Item 5.

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

(a) by inserting after paragraph 3 (in the second column) the following paragraph:—

“3a.—(1.) Except in a case to which the next succeeding paragraph applies, the mandarins shall be treated with a fungicide approved by the Secretary in a manner approved by the Secretary.

“(2.) Where the mandarin; ate washed in water or immersed ill a wax emulsion, the water or the wax emulsion, as the case may be, shall content a fungicide approved by the Secretary in a concentration approved by the Secretary.”;

and

(b) by omitting paragraphs 1 and 2 (in the third column) and inserting in their stead the following paragraph:—

“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 high if printed on the box or applied by means of printed paper labels and at least ¼ inch high if stencilled on the box, the word ‘Mandarin’, the variety and number of mandarins contained in the box and the word ‘Special’ or ‘Standard’, as the case may be; and

(b) in letters at least ½ inch high the word ‘Australia’, the State or Territory in which the mandarins were produced and the details required to be included in the trade description by paragraph (c) of sub-regulation (1.) of regulation 12 of these Regulations.

“2. For the purposes of paragraph 1 of this item, in the case of mandarins of the Emperor variety, the abbreviation ‘Emp.” may be included in the trade description in lieu of the full name of the variety.”.

Third Schedule—Item 6.

6. Item 6 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended—

(a) by omitting from paragraph 3 (in the second column) all words after the word “colour”;

(b) by omitting paragraph 3a (in the second column) and inserting in its stead the following paragraph:—

“3a.—(1.) Except in a case to which the next succeeding paragraph applies, the oranges shall be treated with a fungicide approved by the Secretary in a manner approved by the Secretary.

“(2.) Where the oranges are washed in water or immersed in a wax emulsion, the water or the wax emulsion, as the case may be, shall contain a fungicide approved by the Secretary in a concentration approved by the Secretary.”;

“5.—(1.) The fruit shall have developed an orange flavour in the juice and be in such condition that the juice has—

(a) a total soluble-solids content of not less than 8 per centum by weight at 20 degrees centigrade; and

(b) in the case of oranges of the Valencia variety and other seeded varieties, a total soluble-solids to acid ratio of not less than 5.5 to 1; or

“(2.) The determination of the total soluble-solids content and the total soluble-solids to acid ratio of orange juice for the purposes of the last preceding sub-paragraph shall be made by methods approved by the Secretary.”;

(d) by omitting from sub-paragraph (c) of paragraph 7 (in the second column) the figures “21/2 ” and inserting in their stead the figure “5”;

(e) by omitting from sub-paragraph (c) of paragraph 8 (in the second column) the word “ten” and inserting in its stead the figures “15”;

(f) by inserting after paragraph 10 (in the second column) the following paragraph:—

“11. In this item, ‘creasing’ means a manifestation of the condition known as ‘Albedo Breakdown’.”; and

(g) by omitting paragraph 1 (in the third column) and inserting in its stead the following paragraph:—

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

(a) in letters or figures at least ½ inch high if printed on the box or applied by means of printed paper labels and at least ¼ inch high if stencilled on the box, the word ‘Orange’, the variety and number of oranges contained in the box and the word ‘Special’, ‘Standard’ or ‘Good’, as the case may be; and

(b) in letters at least ½ inch high the word ‘Australia’, the State or Territory in which the oranges were produced and the details required to be included in the trade description by paragraph (c) of sub-regulation (1.) of regulation 12 of these Regulations.”.

Third Schedule—Item 8.

7. Item 8 in the Export (Fresh Fruit) Regulations is amended by omitting paragraph 11a (in the second column) and inserting in its stead the following paragraph:—

“11a.—(1.) Pears packed in a bulk bin or in a fibreboard carton shall not be shipped if their temperature at the time of loading into a vessel exceeds 40 degrees Fahrenheit.

“(2.) Pears, other than pears of the ‘Josephine’ variety, packed in a box or tray shall not be shipped if their temperature at the time of loading into a vessel exceeds 45 degrees Fahrenheit.

“(3.) Pears of the ‘Josephine’ variety packed in a box or tray shall not be shipped if their temperature at the time of loading into a vessel exceeds 40 degrees Fahrenheit.”.

Printed for the Government of the Commonwealth by W. G. Murray at the

Government Printing Office, Canberra

Overview

The Customs (Exports) Regulations 1969, enacted in 1969, were introduced to refine and update the standards and requirements for the export of fresh fruit from Australia. These regulations are instrumental in ensuring that Australian exports meet international quality standards, thereby maintaining Australia's reputation for high-quality produce. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, the policy objective of these regulations is to establish stringent quality controls and treatment processes for fresh fruit exports, ensuring they are free from blemishes and pests, and meet specific organoleptic and chemical standards. These regulations are crucial for maintaining the integrity and marketability of Australian fruit products in the international market.

Scope and Application

The Statutory Rules 1969 No._________, enacted under the Customs Act 1901-1968 and the Commerce (Trade Descriptions) Act 1905-1966, apply to the export of fresh fruit, specifically targeting the quality standards and treatment requirements for grapefruits, lemons, mandarins, oranges, and pears. This regulation applies to all exporters of fresh fruit from Australia, ensuring that the produce meets the outlined standards before leaving the country. The amendments concern the permissible blemishes on various apple varieties, treatment with approved fungicides, and the temperature controls for pears during shipping. The regulation has a national jurisdictional reach as it pertains to the export of goods from Australia, and it includes specific exclusions and exemptions, such as the allowable levels of russeting on apples and the temperature limits for pears based on their packaging and variety. The application of these regulations can be further extended or restricted through subordinate instruments issued by the Secretary, ensuring compliance with the stipulated standards and safety measures for exported fresh fruit.

Key Provisions

The Regulations under the Customs Act 1901-1968 and the Commerce (Trade Descriptions) Act 1905-1966 primarily focus on amending the Exports (Fresh Fruit) Regulations, particularly concerning the standards for fresh fruit exports from Australia. Regulation 4 removes the definition of “clipped” from the previous regulations (paragraph 1). The Third Schedule has been extensively revised to ensure compliance with specific quality standards for various types of fruit, such as apples, grapefruits, lemons, mandarins, oranges, and pears. For apples, the document details permissible levels of russeting (paragraph 2). Grapefruits, lemons, and mandarins must be treated with an approved fungicide, and their trade descriptions must be clearly marked on the packaging (paragraphs 3a and 1). Oranges must meet specific soluble-solids and acid ratio requirements, and their trade descriptions must also be clearly marked (paragraphs 5 and 1). Lastly, pears have specific temperature limits for shipping to maintain their quality (paragraph 11a). These Regulations impose several obligations on the parties involved in exporting fresh fruit from Australia. Exporters must ensure that their fruit meets the specified quality and treatment standards outlined in the Regulations. This includes treating the fruit with approved fungicides where necessary and ensuring that the fruit does not exceed the specified temperature limits at the time of loading into a vessel. Additionally, exporters must accurately label the trade descriptions on the packaging, including the type and variety of fruit, the number of pieces in each box, and the origin of the fruit. Failure to comply with these Regulations can result in civil or criminal penalties. The specific penalties are not detailed in the text, but typically, breaches of regulations under the Customs Act or the Commerce (Trade Descriptions) Act can lead to fines, seizure of goods, and other enforcement actions. The severity of the penalties would depend on the nature and extent of the breach, as well as any previous history of non-compliance.

Area of Law: Commercial Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards

Interactions

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.

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