Exports (Fresh Fruit) Regulations (Amendment)

Legislation au C1970L00033 Regulations Not in force Legislative Instrument

Select Document

STATUTORY RULES

1970 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 sixteenth day of March 1970.

Paul Hasluck

Governor-General.

(SGD.) J. D. ANTHONY

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—

(a) by inserting in sub-regulation (1.), after the definition of “cluster”, the following definition:—

“‘container system unit’ means a container (including a lift-van, but not including a vehicle) designed for repeated use as a unit of cargo-handling equipment in the transport of goods by ships specially constructed, adapted or equipped for the handling and carrying of containers of the kind to which the container belongs in the course of a transportation system in which goods are transported to, in and from the ship in containers of that kind;”; and

(b) by inserting after that sub-regulation the following sub-regulation;—

“(1a.) For the purpose of the Third Schedule to these Regulations, goods shall be taken to be intended for export to a particular port if the ship on which the goods are to be exported is stated to be bound for that port on the sheet of the Ship’s Outward Manifest on which particulars of the goods are entered.”.

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 (5.) of paragraph 1 (in the second column) the words and figures—

“Golden Delicious . . . | 198-100 | 180-100 | 234-72”

and inserting in their stead the words and figures—

“Golden Delicious . . . | 216-100 | 180-100 | 234-72”;

____________________________________________________________________________________

* Notified in the Commonwealth Gazette on 1970.

† 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 30; 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; 1968, No. 16; and 1969, Nos. 33 and 40.

10650/70—Price 8c 10/10.2.1970

(b) by omitting from the table in sub-paragraph (6.) of paragraph i (in the second column) the words and figures—

“ Golden Delicious . . . | 200-96 | 175-96 | 220-75”

and inserting in their stead the words and figures—

“ Golden Delicious . . . | 220-96 | 175-96 | 220-75”;

“(1a.) Apples intended for export to the United States of America or Canada shall be packed in—

(a) a telescopic cell pack carton, that is to say, a fibreboard carton consisting of an inner carton equipped with fillers and pads forming individual cells and of a lid that fits over and covers the sides and ends of the inner carton; or

(b) a fibreboard carton that is equipped with trays and has a white lid.

“(1b.) Apples of the Delicious or Red Delicious varieties, intended for export to a port in Asia, other than a port that is situated on the Mediterranean Sea or the Red Sea, shall be packed in—

(a) a telescopic cell pack carton referred to in the last preceding sub-paragraph; or

(b) a fibreboard carton, equipped with trays,

being a carton constructed as approved by the Secretary.”.

(d) by inserting in sub-paragraph (2.) of paragraph 6 (in the second column) after the word “Apples” the words “, other than apples referred to in the last two preceding sub-paragraphs,”; and

(e) by inserting after paragraph 11a (in the second column) the following paragraph:—

“11b. Apples of the variety Granny Smith intended for export to any port other than a port in Asia that is not on the Mediterranean Sea or the Red Sea before the fifteenth day of April in the year in which they are harvested shall have been subjected to an anti-scald treatment of a kind approved by the Secretary unless the Secretary has authorized the exportation of the apples without having been subjected to such a treatment.”.

Third Schedule—Item 3.

3. Item 3 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended by inserting after paragraph 4 (in the second column) the following paragraph:—

“4a. Grapefruits shall not be loaded into a container system unit at a time when the core temperature of the grapefruits is above 55 degrees Fahrenheit.”.

Third Schedule—Item 4.

4. Item 4 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended by inserting after paragraph 4 (in the second column) the following paragraph:—

“4a. Lemons shall not be loaded into a container system unit at a time when the core temperature of the lemons is above 55 degrees Fahrenheit.”.

Third Schedule—Item 5.

5. Item 5 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended by inserting after paragraph 4 (in the second column) the following paragraph:—

“4a. Mandarins shall not be loaded into a container system unit at a time when the core temperature of the mandarins is above 55 degrees Fahrenheit.”.

Third Schedule—Item 6.

6. Item 6 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended by inserting after paragraph 4 (in the second column) the following paragraph:—

“4a. Oranges shall not be loaded into a container system unit at a time when the core temperature of the oranges is above 55 degrees Fahrenheit.”.

Third Schedule—Item 8.

7. Item 8 in the Third Schedule to the Exports (Fresh Fruit) Regulations is amended—

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

“3.—(1.) Subject to the nest succeeding sub-paragraph, pears shall be packed in one of three grades, namely, ‘Extra Fancy’, ‘Fancy’ or ‘Good’.

“(2.) Pears of the Packhams Triumph variety intended for export to the United States of America or Canada shall be packed in one of two grades, namely, ‘Extra Fancy’ or ‘Fancy’.”;

(b) by omitting from sub-paragraph (2.) of paragraph 7 (in the second column) the words “Packhams Triumph,”;

(c) by omitting from sub-paragraph (2.) of paragraph 7 (in the second column) the word “variety” (wherever occurring) and inserting in its stead the word “grade”;

(d) by inserting after sub-paragraph (2.) of paragraph 7 (in the second column) the following sub-paragraph:—

“(3.) In the case of pears of the Packhams Triumph variety, smooth and not unsightly russeting shall be considered a blemish if more than fifteen per centum of the surface of any pear of the ‘Extra Fancy’ grade or twenty per centum of the surface of any pear of the ‘Fancy’ grade is affected.”;

(e) by inserting after sub-paragraph (1.) of paragraph 8 (in the second column) the following sub-paragraphs:—

“(1a.) Subject to the next succeeding sub-paragraph, pears intended for export to the United States of America or Canada shall be packed in a polythene bag in—

(a) a telescopic white twin cushion carton, that is to say, a fibreboard carton consisting of an inner carton, in which two layers of corrugated material are used, and of a white lid, in which one layer of corrugated material is used, that fits over and covers the sides and ends of the inner carton;

(b) a long pear box; or

“(1b.) Pears intended for export to the State of California in the United States of America shall be packed in a carton or box of a kind referred to in the last preceding sub-paragraph but need not be packed in a polythene bag.”;

(f) by inserting in paragraph 11 (in the second column) after the word “Pears” the words “, other than pears referred to in the next succeeding sub-paragraph,”;

(g) by adding at the end of paragraph 11 (in the second column) the following sub-paragraph:—

“(2.) Pears intended for export to the United States of America or Canada shall—

(a) be placed in cool storage within twenty-four hours after they are harvested;

(b) be cooled to a core temperature of 32 degrees Fahrenheit as rapidly as possible before being packed;

(c) if they are removed from cool storage for packaging or other treatment, be returned to cool storage as soon as possible after having been so removed; and

(d) be otherwise held, transported and stored in such manner as to conserve their storage life.”; and

(h) by omitting sub-paragraph (2.) of paragraph 12 (in the second column) and inserting in its stead the following sub-paragraphs;—

“(2.) Pears packed in a fibreboard carton shall, when stowed in a vessel otherwise than in a container system unit, be stowed in such a manner that the two ends or at least one long face of each carton is freely exposed to the cooling air.

“(3.) Pears packed in a fibreboard carton shall, when stowed in a container system unit in a vessel, be stowed in such manner that at least one end of each carton is freely exposed to the cooling air in the container system unit.”.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Exports (Fresh Fruit) Regulations 1970, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, were enacted to address the need for specific standards and requirements in the exportation of fresh fruit from Australia. These regulations were established by the Governor-General in accordance with the advice of the Federal Executive Council and aim to ensure the quality, safety, and proper packaging of fresh fruit intended for export. The regulations provide detailed specifications for the types of containers, packing materials, and temperature controls required for different varieties of fruit being exported to various destinations, reflecting a policy objective to maintain high standards in the international trade of Australian fresh produce. These regulations are particularly significant in addressing the logistical and quality control challenges associated with exporting perishable goods. By specifying packing requirements and temperature controls, the regulations aim to mitigate issues such as spoilage and non-compliance with import standards in destination countries. The detailed stipulations for different fruit types and export destinations underscore the importance of adhering to international trade norms and maintaining the reputation of Australian fresh produce in global markets.

Scope and Application

The Statutory Rules 1970 No._________, made under the Customs Act 1901-1968 and the Commerce (Trade Descriptions) Act 1905-1966, apply to exporters of fresh fruit within the Commonwealth of Australia. The primary focus of these Regulations is to modify the Exports (Fresh Fruit) Regulations, detailing specific packaging, handling, and temperature requirements for various types of fresh fruit intended for export to different countries. These requirements cover apples, pears, grapefruits, lemons, mandarins, and oranges, specifying the type of packaging, permissible temperatures during transport, and other conditions to ensure the quality and safety of the fruit upon arrival. The Regulations also set out detailed specifications for fruit destined for export to the United States of America, Canada, and certain Asian ports, ensuring compliance with the importing countries' standards. These Regulations extend to any person or entity involved in the export of fresh fruit from Australia, including packers, shippers, and exporters. The scope of these Regulations is broad, covering various aspects of the export process, from initial packing to the final loading onto ships. There are no specific exclusions mentioned in the text, indicating that the Regulations apply to all fresh fruit exports as amended by these Rules. The application of these Regulations is further extended and clarified through subordinate instruments, ensuring that all stakeholders are aware of the specific requirements and standards they must meet.

Key Provisions

The Statutory Rules of 1970, No. ________, establish regulations under the Customs Act 1901-1968 and the Commerce (Trade Descriptions) Act 1905-1966, which primarily address the exports of fresh fruit, particularly focusing on the packing and handling requirements for various fruits intended for export to specific destinations. Regulation 4 introduces a new definition for "container system unit," which refers to a container designed for cargo-handling in the transport of goods via specially adapted ships (1). Furthermore, it specifies that goods are considered for export to a particular port if the ship’s outward manifest indicates the port of destination (1a). Entities and parties governed by these regulations must adhere to stringent packing and handling requirements. For instance, apples intended for export to the United States or Canada must be packed in specific types of cartons, such as telescopic cell pack cartons or fibreboard cartons with white lids (6). Additionally, apples of certain varieties destined for Asian ports must also be packed in approved containers (6). Furthermore, Granny Smith apples exported before April 15th must undergo an anti-scald treatment unless otherwise authorised by the Secretary (11b). Temperature control is another critical requirement, with specific fruits such as grapefruits, lemons, mandarins, and oranges not being loaded into containers if their core temperature exceeds 55 degrees Fahrenheit (3, 4, 5, 6). Pears also have specific packing and storage requirements. They must be graded as 'Extra Fancy', 'Fancy', or 'Good', with stricter standards for Packhams Triumph pears (8). Pears for the United States or Canada must be packed in polythene bags within specific types of cartons, although those for California may omit the polythene bag (8, 8a). Moreover, pears must be placed in cool storage within 24 hours of harvest, cooled to 32 degrees Fahrenheit before packing, and maintained in a manner that preserves their storage life (11). Non-compliance with these regulations can lead to various penalties and legal consequences. While the specific penalties are not detailed in the provided text, violations of customs and trade regulations typically result in fines, confiscation of goods, and potential legal action under the relevant Acts. Entities found in breach of these requirements may face civil penalties, criminal charges, or both, depending on the severity and intent of the violation.

Area of Law: Trade Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Licensing & Registration; 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.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions