Exports (Meat) Regulations (Amendment)

Legislation au C1978L00063 Regulations Not in force Legislative Instrument

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Statutory Rules

1978 No. 63

REGULATIONS UNDER THE CUSTOMS ACT 1901 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905.

Dated this twenty-sixth day of April 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

IAN SINCLAIR

Minister of State for Primary Industry and for and on behalf of the Minister of State for Business and Consumer Affairs

—————

AMENDMENTS OF THE EXPORTS (MEAT) REGULATIONS†

Interpretation

1. Regulation 5 of the Exports (Meat) Regulations is amended by omitting from sub-regulation (1) the definition of “ meat product ” and substituting the following definition:

“ ‘ meat product ’ means food, other than soup, intended for human consumption that—

(a) has been prepared from meat or edible offal; or

(b) contains meat;”.

Exemption

2. Regulation 9 of the Exports (Meat) Regulations is amended by adding at the end thereof the following sub-regulation:

“ (2) Where the Secretary is satisfied that a meat product that is being exported contains so small a proportion of meat that it is unnecessary for all the provisions of these Regulations to apply to or in relation to the exportation of the meat product, he may specify in an instrument

 

* Notified in the Commonwealth of Australia Gazette on 2 May 1978.

† Statutory Rules 1961, No. 93 as amended by Statutory Rules 1963, No. 143; 1965, No. 40; 1966, No. 53; 1967, No. 113; 1969, No. 37; 1971, No. 107; 1972, No. 8; 1976, Nos. 69, 252, 253 and 254; and 1977, Nos. 28, 45 and 61; and 1978, No. 43.


under his hand the provisions of these Regulations that he is satisfied need not apply to or in relation to the exportation of the meat product and, upon the issue of the instrument, those provisions do not apply to or in relation to the exportation of the meat product.”.

Exportation of certain meat, meat products and edible offal prohibited

3. Regulation 11 of the Exports (Meat) Regulations is amended by omitting from sub-regulation (5) “ (other than ram mutton) ” and substituting “ (other than ram mutton and boneless mutton) ”.

Trade description

4. Regulation 16 of the Exports (Meat) Regulations is amended—

(a) by inserting in paragraph (b) of sub-regulation (6) “ subject to sub-regulation (6a),” before “ the trade description ”; and

(b) by inserting after sub-regulation (6) the following sub-regulation:

“ (6a) The Secretary may, by instrument under his hand, exempt meat of a particular kind that is for export to a particular country from specified requirements of the third column of the Third Schedule that are applicable to meat of that kind if the requirements are inconsistent with the provisions of the law of that country relating to the importation of meat of that kind or if, having regard to the ordinary commercial practices of that country, it is undesirable that the requirements be complied with in relation to the export of meat of that kind to that country.”.

Indication of weight by means of cipher

5. Regulation 17 of the Exports (Meat) Regulations is amended—

(a) by omitting “ paragraph (c) of sub-regulation (6) ” and substituting “ paragraph (b) of sub-regulation (5) ”; and

(b) by omitting paragraphs (b) and (c) and substituting the following paragraphs:

“ (b) in the case of a carcass of first or second quality lamb—

(i) where the carcass weighs not less than 21 pounds and not more than 28 pounds—by the letter ‘ D’; or

(ii) where the carcass weighs less than 21 pounds—by the letters ‘ DL ’;

“ (c) in the case of a carcass of third quality lamb—

(i) where the carcass weighs not less than 21 pounds and not more than 28 pounds—by the letter ‘ L’; or

(ii) where the carcass weighs less than 21 pounds—by the letters ‘ LL ’ printed immediately under the word ‘ Lamb ’;”


6. After regulation 61a of the Exports (Meat) Regulations the following regulations are inserted:

Condemned animals

“ 61b. Where an officer condemns an animal at an export establishment, the occupier of the export establishment shall ensure that the animal is not slaughtered in a room in which animals that have been inspected and passed for slaughter are slaughtered or dressed.

Penalty: $100.

Certain meat not to be brought into export establishments

“ 61c. (1) Subject to sub-regulation (2), meat other than meat that has been inspected and passed as fit for export shall not be brought into an export establishment.

“ (2) Sub-regulation (1) does not prevent the bringing of any bones, fat or other substance into an export establishment for the purpose of having the fat extracted from it if—

(a) it is not brought into any part of the export establishment where meat intended for export is handled or stored; and

(b) it is conveyed directly to the rendering plant.”.

Second Schedule

7. The Second Schedule to the Exports (Meat) Regulations is amended—

(a) by inserting in clause (a) of sub-paragraph (1) of paragraph 1 “ and passed for slaughtering ” after “ inspected ”;

(b) by omitting clauses (i), (ii) and (iii) of sub-paragraph (1) of paragraph 3 and substituting the following clauses:

“ (a) in the case of a bull or a buffalo—an electric stunner, a captive bolt stunner or a firearm; or

(b) in any other case—an electric stunner or a captive bolt stunner,”;

(c) by omitting sub-paragraph (2) of paragraph 3 and substituting the following sub-paragraph”

“ (2) The pigs from which the meat was obtained shall, before being bled, have been—

(a) stunned by means of—

(i) in the case of a boar—an electric stunner, a captive bolt stunner or a firearm; or

(ii) in any other case—an electric stunner or a captive bolt stunner,

of a type approved by the Senior Assistant Director; or

(b) rendered unconscious in a gas chamber of a type approved by the Senior Assistant Director.”;

(d) by omitting from sub-paragraph (4) of paragraph 3 “ sub-regulation ” and substituting “ sub-paragraph ”;


(e) by inserting after paragraph 3 the following paragraph:

“ 3a. The meat shall not have been obtained from the head of an animal that was stunned by means of a firearm.”;

(f) by omitting sub-paragraph (4) of paragraph 10 and substituting the following sub-paragraphs:

“ (4) Piece-beef or boneless beef that is exported in a package containing more than one piece of beef shall be exported in a package that weighs not more than 45 kilograms.

“ (4a) Piece-beef, being briskets, shall be exported as salt meat.”;

(g) by omitting from sub-paragraph (3) of paragraph 24 the word “ embossed ” (wherever occurring) and substituting the word “ marked ”; and

(h) by inserting after sub-paragraph (3) of paragraph 24 the following sub-paragraph:

“ (3a) The markings referred to in sub-paragraph (3) shall—

(a) be embossed on the can or included in a label printed on the can by means of lithography; and

(b) be arranged on the can so that the letters ‘ EX ’ are immediately in front of the registration number of the export establishment in which the meat or meat extract was canned.”.

Third Schedule

8. The Third Schedule to the Exports (Meat) Regulations is amended—

(a) by inserting after item 26 the following item:

“ 26a. Piece-beef— bone-in briskets

1. Subject to paragraph 2. the briskets shall be meat that has been derived from a first, second or third quality forequarter of ox, heifer or cow beef

2. Briskets for export to a particular country may be derived from beef that is not first, second or third quality but is of a kind approved by the Minister having regard to the provisions of the law of that country relating to the importation of briskets and the briskets shall be graded as the Minister directs having regard to their likeness to briskets derived from first, second or third quality beef

1. The trade description shall include—

(a) the words ‘ salted bone-in beef briskets’; and

(b) the cut contained in the package ”;


(b) by omitting paragraph 1 (in the second column) of item 28 and substituting the following paragraphs:

“ 1. The dressed weight of a carcass shall be not less than 22.5 kilograms

“ 1a. A carcass shall have—

(a) distinct separation of the sacral vertebrae;

(b) only slight ossification of the cartilaginous tips of the spinous processes of the sacral vertebrae;

(c) no ossification of the cartilaginous tips of the lumbar or thoracic vertebrae;

(d) no more than a slight tendency to flatness of the rib bones; and

(e) some redness of the rib bones”;

(c) by omitting paragraph 1 (in the second column) of item 29 and substituting the following paragraphs:

“ 1. The dressed weight of a carcass shall be not less than 22.5 kilograms

“ 1a. A carcass shall have—

(a) distinct separation of the sacral vertebrae;

(b) only slight ossification of the cartilaginous tips of the spinous processes of the sacral vertebrae;

(c) no ossification of the cartilaginous tips of the lumbar or thoracic vertebrae;

(d) no more than a slight tendency to flatness of the rib bones; and

(e) some redness of the rib bones”;

(d) by omitting paragraph 1 (in the second column) of item 29a and substituting the following paragraphs:

“ 1. The dressed weight of a carcass shall be not less than 19 kilograms

“ 1a. A carcass shall have—

(a) distinct separation of the sacral vertebrae;

(b) only slight ossification of the cartilaginous tips of the spinous processes of the sacral vertebrae;

(c) no ossification of the cartilaginous tips of the lumbar or thoracic vertebrae;

(d) no more than a slight tendency to flatness of the rib bones; and

(e) some redness of the rib bones ”;


(e) by omitting paragraphs 1 and 2 (in the second column) of item 33 and substituting the following paragraphs:

“ 1. Boneless veal shall be derived from a carcass of a calf, being a carcass that has—

(a) distinct separation of the sacral vertebrae;

(b) only slight ossification of the cartilaginous tips of the spinous processes of the sacral vertebrae;

(c) no ossification of the cartilaginous tips of the spinous processes of the lumbar or thoracic vertebrae;

(d) no more than a slight tendency to flatness of the rib bones; and

(e) some redness of the rib bones

“ 2. The carcass shall have had firm flesh and have been in a reasonable condition”;

(f) by omitting paragraph 3 (in the second column) of item 36 and substituting the following paragraph:

“ 3. A carcass may be without external fat but shall not be emaciated ”;

(g) by inserting after item 43 the following item:

“ 43aa. Hogget— third quality carcasses

1. A carcass shall be the carcass of a sheep that had not cut more than 2 permanent incisor teeth and of which the permanent incisor teeth were not fully grown

2. A carcass shall have a more mature appearance than a carcass of summer lamb

3. A carcass shall have such an external covering of fat as will reasonably protect the underlying muscle

4. A carcass shall have an internal covering of fat on the loins and kidneys that is firm in texture

1. The trade description shall include the word ‘ hogget ’ on the tags and on the coverings ”;

and

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(h) by omitting item 60 and substituting the following item:

“ 60. Boneless mutton.................

1. The trade description shall include the words ‘ boneless mutton ’ or the words ‘ boneless ram mutton ’, as the case requires, on the tags and on the coverings

2. The particulars required by these Regulations to be included on the tags or on the coverings shall be written in indelible black ink ”.

Sixth Schedule

9. The Sixth Schedule to the Exports (Meat) Regulations is amended by inserting after paragraph 2 the following paragraph:

“ 2a. Any part of the buildings in which operations other than operations in connexion with—

(a) the slaughtering and dressing of animals from which meat intended for export is obtained; or

(b) the preparation or storing of meat intended for export,

are carried on shall—

(c) be separate from and have no means of direct access to the parts of the buildings in which operations in connexion with the procedures specified in paragraphs (a) and (b) are carried on; and

(d) be so constructed that they are capable of being maintained in a hygienic condition.”.

Overview

Statutory Rules 1978 No. 63, made under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, was enacted to address specific issues related to the export of meat products from Australia, ensuring compliance with Australian and international standards and practices. The Regulations were issued by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary objective of these Regulations is to refine the existing framework for meat exports, ensuring clarity in definitions, providing exemptions where appropriate, and aligning export practices with both domestic and international requirements. These amendments reflect an effort to maintain the integrity of Australian meat exports while accommodating the practicalities of international trade. The Regulations cover a range of amendments, including the redefinition of terms, exemptions for certain meat products, specifications for the indication of weight, and requirements for the handling and processing of meat within export establishments. By updating these Regulations, the Australian government aims to enhance the efficiency and compliance of meat exports, thereby supporting the agricultural sector and maintaining Australia’s reputation in the global market.

Scope and Application

These regulations, made under the authority of the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905, apply to the exportation of meat, meat products, and edible offal within the Commonwealth of Australia. The regulations govern the standards and procedures for the inspection, grading, and exportation of meat products, including specifications for the treatment and stunning of animals prior to slaughter, the marking and packaging of meat products, and the hygiene standards for export establishments. They also provide for exemptions and variations from certain requirements under certain conditions, such as where the Secretary is satisfied that the export meat product contains a small proportion of meat or where the export requirements are inconsistent with the importing country's laws. The regulations extend their application through the issuance of instruments by the Secretary, which can specify the provisions that need not apply to particular exports. The regulations do not apply to meat products that have been deemed exempt by the Secretary under specific circumstances.

Key Provisions

The main operative sections of the Statutory Rules 1978 No. 63 include amendments to the Exports (Meat) Regulations under the Customs Act 1901 and the Commerce (Trade Descriptions) Act 1905. Regulation 5 amends the definition of "meat product" to clarify that it means food intended for human consumption that has been prepared from meat or edible offal, or contains meat (Regulation 1(1)). Regulation 9 allows the Secretary to exempt certain meat products from the application of these regulations if the meat contains a very small proportion of meat (Regulation 2(2)). Regulation 11 modifies the types of meat that are prohibited from being exported, removing the exemption for ram mutton and boneless mutton (Regulation 3). Regulation 16 introduces provisions for the Secretary to exempt meat of a particular kind from specified requirements if those requirements conflict with the importing country's laws or are undesirable under its commercial practices (Regulation 4). Regulation 17 updates the method for indicating the weight of carcasses of first, second, and third quality lamb (Regulation 5). Two new regulations, 61b and 61c, are inserted to ensure that condemned animals are not slaughtered in the same room as animals that have been inspected and passed for slaughter, and to prohibit bringing meat other than inspected and passed meat into an export establishment (Regulation 6). The Second and Third Schedules are amended to include new requirements for the stunning of animals, the weight of packages of exported beef, and the marking of cans containing meat or meat extract (Regulations 7 and 8). The obligations imposed by these regulations on parties and entities governed by them include ensuring that meat products meet the specified definitions and standards. For instance, meat products must be clearly identified as such, and the meat within these products must be derived from specified sources or meet certain quality standards (Regulations 1 and 7). Additionally, the occupier of an export establishment must ensure that condemned animals are not slaughtered in the same room as animals that have been inspected and passed for slaughter (Regulation 61b). The regulations also mandate that certain information, such as the registration number of the export establishment, must be visibly marked on packages and cans (Regulations 7 and 8). Failure to comply with these regulations can result in significant consequences. Regulation 61b stipulates that if an occupier of an export establishment does not ensure that a condemned animal is not slaughtered in the same room as animals that have been inspected and passed for slaughter, they are subject to a penalty of $100. There are no specific maximum penalties mentioned in the regulations for other breaches, but non-compliance could potentially lead to legal action, fines, or other enforcement measures under the relevant Acts.

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