Exports (Fresh Fruit) Regulations (Amendment)

Legislation au C1953L00053 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

 

 

1953. No. 53

 

REGULATIONS UNDER THE CUSTOMS ACT 1901-1952 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 1901-1952 and the Commerce. (Trade Descriptions) Act 1905-1950.

Dated this fourth

day of June , 1953.

 

W. J. Slim

Governor-General.

By His Excellency’s Command,

 

 

 

 

Minister of State for Commerce and Agriculture and for and on behalf of the Minister of State for Trade and Customs.

 

__________

 

 

Amendments of the Exports (Fresh Fruit) Regulations. †

1. After regulation 4 of the Exports (Fresh Fruit) Regulations the following regulations is inserted:—

Compliance with Forms.

“4a. Strict compliance with the Forms contained in the Second Schedule is not necessary, and substantial compliance with those Forms is sufficient.”.

First Schedule.

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

(a) by omitting paragraph 11 in the second column of item 1 and inserting in its stead the following paragraph:—

“11. Where paper labels are used, they shall be applied with an adhesive which is, and which contains an effective fungicide which is, approved by the Secretary.”;

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* Notified in the Commonwealth Gazette on                                                                                     , 1953.

† Statutory Rules 1948, No. 102, as amended by Statutory Rules 1949, No. 107; 1950, No. 39; 1951, Nos. 132 and 146; and 1952, No. 106.

4836.—Price 3d. 9/21.4.1953.


(b) by omitting Part I. of the table set out in paragraph 1 in the second column of item 2 and inserting in its stead the following Part:—

Part I.—Apples for Export to any Destination.

Variety.

Abbreviation of name of variety.

Sizes (inches in diameter).

Percentage of colour, characteristic of the variety, necessary on each apple in each grade.

 

Extra Fancy.

Fancy.

Alfriston............

ALF...........

2½–3¼

..

..

Ballarat.............

BAL...........

2½–3

..

..

Cleopatra............

CLEO..........

2¾–2¾

..

..

Cox’s Orange Pippin....

C.O.P..........

2–2½

30

5

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

CROF..........

2⅛–2¾

50

20

Crow Egg............

C.E............

2¼–3

30

10

Delicious............

DEL...........

2¼–2¾

50

20

Democrat............

DEM..........

2¼–3¼

70

35

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

DHTY.........

2⅛–2¾

40

20

Duke of Clarence.......

D.C...........

2¼–3

70

35

Dunns..............

DUNNS........

2¼–3

..

..

French Crab..........

F.C............

2½–3

100

80

Geeveston Fanny.......

G.F............

2¼–2¾

50

20

Golden Delicious.......

G. DEL.........

2¼–2¾

..

..

Granny Smith.........

G.S............

2¼–3

..

..

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

JON........... 

2⅛–2¾

50

20

King Cole............

K.C...........

2¼–2¾

70

35

King Pippin..........

K.P............

2⅛–2¾

30

10

Legana..............

LEG...........

2¼–2¾

60

30

London Pippin.........

L.P............

2½–3

..

..

McIntosh Red.........

Mc RED........

2¼–2¾

70

35

Nickajack............

NJ............

2¼–3

30

10

Pomme de Neige.......

P.D.N..........

2⅛–2¾

30

10

Prince Alfred.........

P.A............

2½–3¼

..

..

Ribston Pippin.........

R.P............

2¼–2¾

..

..

Rokewood...........

ROKE..........

2¼–2¾

40

20

Rome Beauty.........

R.B...........

2¼–3

30

10

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

S.P.M..........

2⅛–2¾

50

20

Statesman............

STN...........

2¼–2¾

30

10

Stayman.............

STAY..........

2¼–2¾

30

10

Stone Pippin..........

S.P............

2¼–3

..

..

Sturmer.............

S.T.P..........

2¼–2¾

..

..

Tasman’s Pride........

T.P............

2¼–3

50

20

Worcester Pearmain.....

W.P.M.........

2⅛–2¾

50

20

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

YATES.........

2⅛–2¾

50

20

(c) by inserting after paragraph 8 in the second column of item 2 the following paragraph:—

“9. A shipping mark allotted by the Australian Apple and Pear Board shall not appear on a box containing apples intended for shipment to the United Kingdom unless, notwithstanding that the shipping mark appears elsewhere on the box, the shipping mark, and the shipping mark only, is affixed or applied in a legible and reasonably permanent manner by means of a label or brand consisting of letters or figures, or letters and figures, at least one and three-quarter inches in height to the end of the box opposite to the end on which the trade description is placed.”;


(d) by inserting in paragraph 5 in the second column, of item 7 a, after the words “At the”, the word “top,”;

(e) by inserting in paragraph 6 in the second column of item 8, after the words “blemished by”, the word “dead”;

(f) by omitting paragraph 7 in the second column of item 8 and inserting in its stead the following paragraph:—

“7. Where pears are described as ‘Good’—

(a) the pears in each box shall be of one variety only and of uniform size;

(b) each pear shall be reasonably well formed, not less than two inches in diameter, have an unbroken skin and be free from disease; and

(c) if a pear is blemished by dead black spot fungus or otherwise, the area covered by blemishes shall not exceed—

(i) in the case of a pear of less than two and one-half inches diameter—an area equal to the area of a circle having a diameter of one-quarter of an inch; or

(ii) in the case of a pear of two and one-half inches diameter or more—an area equal to the area of a circle having a diameter of three-eighths of an inch.”; and

(g) by inserting after paragraph 11 in the second column of item 8 the following paragraph:—

“12. A shipping mark allotted by the Australian Apple and Pear Board shall not appear on a box containing pears intended for shipment to the United Kingdom unless, notwithstanding that the shipping mark appears elsewhere on the box, the shipping mark, and the shipping mark only, is affixed or applied in a legible and reasonably permanent manner by means of a label or brand consisting of letters or figures, or letters and figures, at least one and three-quarter inches in height to the end of the box opposite to the end on which the trade description is placed.”.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

_________________

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1953 No. 53, made under the Customs Act 1901-1952 and the Commerce (Trade Descriptions) Act 1905-1950, were enacted to address the need for updated and more flexible compliance requirements for the export of fresh fruit, specifically apples and pears. These regulations were introduced to ensure that Australian fresh fruit exports met the necessary standards while providing some leeway in the compliance process. The Regulations were made by the Governor-General in accordance with the Federal Executive Council’s advice, reflecting the Commonwealth's commitment to facilitating trade while maintaining quality and safety standards. The policy objective was to streamline the regulatory process for exporters, ensuring that they could meet export requirements without unnecessary rigidity, thus supporting the growth of the agricultural sector and enhancing Australia’s trade reputation.

Scope and Application

The Statutory Rules 1953 No. 53, made under the Customs Act 1901-1952 and the Commerce (Trade Descriptions) Act 1905-1950, pertain to the regulation of exports, particularly fresh fruit, within Australia. These regulations apply to entities involved in the export of fresh fruit, ensuring compliance with specified forms and standards. The scope includes the implementation of specific requirements for labelling and packaging of apples and pears destined for export, with a particular focus on shipments to the United Kingdom. The regulations mandate substantial compliance with forms and specific criteria for the size, colour, and condition of fruit in various grades. Geographic reach extends to Australia as a whole, with particular emphasis on exports. While the regulations themselves provide the primary framework, they can be further detailed and implemented through subordinate instruments, which may provide additional specifications or clarifications.

Key Provisions

The Regulations under the Customs Act 1901-1952 and the Commerce (Trade Descriptions) Act 1905-1950, specifically the Exports (Fresh Fruit) Regulations, contain several key provisions that are intended to govern the export of fresh fruit, particularly apples and pears, to various destinations. Regulation 4a introduces a notable change, stating that while strict compliance with the forms in the Second Schedule is not mandatory, substantial compliance is required (Regulation 4a). The First Schedule details specific requirements for the export of apples and pears, including the mandatory use of approved adhesives for paper labels (Regulation 11), specifications for apple varieties and their respective sizes and colour requirements (Regulation 1), and conditions for the appearance and quality of pears (Regulation 7). The obligations imposed by these Regulations are quite detailed. For instance, exporters must ensure that apple labels are affixed using an adhesive that contains an approved fungicide (Regulation 11). Additionally, apples must meet specific size and colour criteria depending on their variety and grade (Regulation 1). For pears, the Regulations mandate that they must be of a single variety, uniform size, and free from significant blemishes (Regulation 7). Another obligation includes the application of shipping marks for boxes containing fruit intended for shipment to the United Kingdom, which must be affixed in a specific, legible manner (Regulations 9 and 12). Failure to comply with these Regulations can result in various consequences. While the specific penalties are not detailed in the provided text, breaches of regulations under the Customs Act and the Commerce (Trade Descriptions) Act typically attract penalties that can include fines, confiscation of goods, or other administrative actions. Given the detailed nature of these Regulations, non-compliance could also lead to legal actions under the Acts, potentially resulting in further penalties or legal ramifications for the parties involved.

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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.