Exports (Fresh Fruit) Regulations (Amendment)

Legislation au C1962L00037 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1962. No. 37.

REGULATIONS UNDER THE CUSTOMS ACT 1901-1960 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 1901-1960 and the Commerce (Trade Descriptions) Act 1905-1950.

Dated this twenty-third day of May, 1962.

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 (Fresh Fruit) Regulations.†

Requirements as to trade description.

1. Regulation 12 of the Exports (Fresh Fruit) Regulations is amended—

(a) by omitting paragraph (c) and inserting in its stead the following paragraph:—

“(c) shall include—

(i) if the identity of the producer of the fruit was lost during the operation of packing the fruit—the prescribed particulars of the owner of the establishment in which the fruit was packed, or those prescribed particulars and, in addition, the name or registered brand of the exporter of the fruit; or

(ii) in any other case—the prescribed particulars of the producer of the fruit, or those prescribed particulars and, in addition, the name or registered brand of the exporter of the fruit or of the owner of the establishment in which the fruit was packed.”; and

* Notified in the Commonwealth Gazette on 31st May, 1962

† 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; and 1961, Nos. 20 and 111.

11147/61.—Price 3d. 9/18.1.1962.


(b) by adding at the end thereof the following sub-regulation:—

“(2.) In the last preceding sub-regulation—

‘the prescribed particulars of the owner’ means the name or registered brand of the owner;

‘the prescribed particulars of the producer’ means the name or registered brand of the producer, or a number or device, approved by the Secretary, indicating the identity of the producer.”.

Third Schedule—item 1.

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

(a) by omitting from the table in sub-paragraph (4.) of paragraph 1 in the second column of item 1 the words and figures—

“Golden Delicious ..

2¼-2¾

2 ⅜-2 ⅞

2¼-2 ⅞”

and inserting in their stead the words and figures—

“Golden Delicious ..

2¼-2¾

2 ⅜-2 ⅞

2¼-3½”;

(b) by omitting from the table in sub-paragraph (5.) of that paragraph the words and figures—

“Golden Delicious ..

234-125

216-113

234-113”

and inserting in their stead the words and figures—

“Golden Delicious ..

234-125

216-113

234-72”;

(c) by omitting from the table in sub-paragraph (6.) of that paragraph the words and figures—

“Golden Delicious ..

220-126

200-108

220-108”

and inserting in their stead the words and figures—

“Golden Delicious ..

220-126

200-108

220-68”;

and

(d) by omitting sub-paragraph (7.) of that paragraph and inserting in its stead the following sub-paragraph:—

“(7.) Apples of the varieties Crofton, Dougherty, Jonathan, Red Jonathan, Scarlet and Yates may be exported to the United Kingdom notwithstanding that the provisions of sub-paragraph (4.), (5.) or (6.) of this paragraph, as the case may be, have not been complied with in relation to the apples if—

(a) they are of the grade Extra Fancy;

(b) in the case of apples packed in containers other than the Standard apple box or the Australian apple box—the diameter of each apple is not less than 2⅛ inches but is less than 2¾ inches; and

(c) in the case of apples packed in the Standard apple box or the Australian apple box—they are packed in such of the counts in the following table as are applicable in relation to those apples:—

 

Count.

Variety.

Standard apple box.

Australian apple box.

Crofton .................

288

300

Dougherty ...............

288

280

Jonathan ................

270

260

Red Jonathan .............

270

260

Scarlet ..................

288

280

Yates ..................

288

280”.


(2.) The Third Schedule to the Exports (Fresh Fruit) Regulations is amended by omitting sub-paragraphs (5.) and (6.) of paragraph 7 in the second column of item 1 and inserting in their stead the following subparagraphs:—

“(5.) The apples shall be protected by the use of packing material on the top, bottom and sides of each box or tray.

“(6.) The packing material shall be of a size and quality approved by the Secretary.”.

(3.) The Third Schedule to the Exports (Fresh Fruit) Regulations is amended by adding at the end of paragraph 12 in the second column of item 1 the following sub-paragraph:—

“(2.) Where apples are packed in the Standard apple box or the Australian apple box, a shipping mark, in accordance with the last preceding sub-paragraph, shall be so placed that it faces the sides of the box.”.

(4.) The Third Schedule to the Exports (Fresh Fruit) Regulations is amended by omitting paragraph 1 in the third column of item 1 and inserting in its stead the following paragraph:—

“1. The trade description shall be placed on one end of the box, so placed that it reads from top to the bottom of the box, and shall set out—

(a) in letters or figures at least ¾ inch high the name of the variety (or the abbreviation of the name of the variety) and the number of apples contained in the box, and whether the grade of apples is ‘Extra Fancy’ or ‘Fancy’; and

(b) in letters or figures at least ½ inch high if applied to the box by means of a rubber stamp, and at least ¾ inch high if stencilled on the box, the details required to be included in the trade description by paragraph (c) of regulation 12 of these Regulations.”.

Third Schedule—item 5.

3. The Third Schedule to the Exports (Fresh Fruit) Regulations is amended by omitting paragraph 3 in the second column of item 5 and inserting in its stead the following paragraph:—

“3. The mandarins—

(a) shall be of normal shape and appearance common to the variety:

(b) shall not be dry;

(c) shall be sound;

(d) shall be of reasonably even colour; and

(e) shall have been clipped from the tree.”.

Third Schedule—item 8.

4.—(1.) The Third Schedule to the Exports (Fresh Fruit) Regulations is amended by adding at the end of paragraph 14 in the second column of item 8 the following sub-paragraph:—

“(2.) Where the pears are packed in the Standard pear box, a shipping mark, in accordance with the last preceding sub-paragraph, shall be so placed that it faces the sides of the box.”.

(2.) The Third Schedule to the Exports (Fresh Fruit) Regulations is amended by omitting paragraph 1 in the third column of item 8 and inserting in its stead the following paragraph:—

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

(a) in letters or figures at least ¾ inch high the name of the variety (or the abbreviation of the name of the variety) and the size and number of the pears contained in the box, and whether the grade of the pears is ‘Extra Fancy’, ‘Fancy’ or ‘Good’; and

(b) in letters or figures at least ½ inch high if applied to the box by means of a rubber stamp, and at least ¾ inch high if stencilled on the box, the details required to be included in the trade description by paragraph (c) of regulation 12 of these Regulations.”.

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

Overview

The Statutory Rules 1962 No. 37, made under the Customs Act 1901-1960 and the Commerce (Trade Descriptions) Act 1905-1950, were enacted to address the need for updated regulations concerning the export of fresh fruit, particularly in relation to trade descriptions and packaging requirements. These regulations were introduced by the Governor-General in the Commonwealth of Australia, acting on advice from the Federal Executive Council. The policy objective of these amendments was to ensure that exported fresh fruit met specific quality and identification standards, thereby protecting consumer interests and maintaining the reputation of Australian produce in international markets. The regulations specifically revised the details regarding the identification of fruit producers and packers, as well as the specifications for the size and quality of exported apples, mandarins, and pears.

Scope and Application

The Statutory Rules 1962 No. 37, made under the Customs Act 1901-1960 and the Commerce (Trade Descriptions) Act 1905-1950, pertain to the regulation of exports of fresh fruit, specifically apples, mandarins, and pears. These regulations apply to entities involved in the export of these fresh fruit types, including producers, packers, and exporters, ensuring compliance with prescribed trade descriptions and quality standards. The geographic reach of these regulations is national, as they apply across Australia in the context of exports. The regulations do not explicitly state exclusions, but they do set specific thresholds and standards for the size, grade, and packing requirements of the fruits being exported. These regulations can be further extended or restricted through subordinate instruments, such as additional amendments or clarifications made under the authority of the Customs Act and the Commerce (Trade Descriptions) Act.

Key Provisions

The main operative sections of the Statutory Rules 1962 No. 37 are primarily concerned with the amendments of the Exports (Fresh Fruit) Regulations. Section 1 modifies Regulation 12 to update the requirements for trade descriptions on exported fresh fruit. Specifically, it alters the information that must be included on the packaging, depending on whether the identity of the fruit producer was lost during packing, or if the producer's identity is known (paragraph 1(c)). Additionally, it clarifies the definition of "prescribed particulars of the owner" and "prescribed particulars of the producer" (paragraph 1(b)). The Third Schedule, which details specific requirements for different types of fruit, is also amended in various sub-paragraphs. For instance, it updates size specifications for certain apple varieties (item 1), modifies the packing requirements for apples (item 1, sub-paragraphs 4, 5, 6, and 7), and specifies the details for trade descriptions on boxes (item 1, paragraph 1 in the third column). It also sets out the criteria for mandarins (item 5) and adds new shipping mark placement requirements for pears (item 8). The Regulations impose several obligations on the parties involved in exporting fresh fruit. They require that trade descriptions include specific details about the fruit's producer, owner, or exporter, depending on the circumstances. For apples, the Regulations mandate that they meet certain size criteria and be packed according to specified counts if they are to be exported to the United Kingdom. Additionally, the Regulations stipulate that all fruit must be protected by approved packing material and that trade descriptions must be clearly visible and legible on the packaging. The Regulations also specify the placement of shipping marks on fruit boxes, ensuring that these marks face the sides of the boxes. Failure to comply with these Regulations can result in various consequences. While the specific offences and penalties are not detailed in the text, non-compliance with trade description regulations and export standards can typically lead to penalties under the governing Acts, which may include fines or other enforcement actions. The exact penalties would depend on the severity and nature of the breach, as well as any additional provisions under the Customs Act 1901-1960 or the Commerce (Trade Descriptions) Act 1905-1950.

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