Horticulture Marketing and Research and Development Services [Regulated Horticultural Products and Markets (Mandarins, Tangelos, Grapefruit, Lemons and Limes to the United States of America)] Order (No. 1) 2002

Overview

The Horticulture Marketing and Research and Development Services [Regulated Horticultural Products and Markets (Mandarins, Tangelos, Grapefruit, Lemons and Limes to the United States of America)] Order (No. 1) 2002 was enacted to address specific market and quality standards for certain horticultural products exported to the United States of America. This legislative instrument was established under the authority of subsection 19(1) of the Horticulture Marketing and Research and Development Services Act 2000, with the objective of ensuring that the export of regulated horticultural products meets the stringent requirements set by the importing country. This measure is intended to protect the reputation and market access of Australian horticultural products, while also ensuring that these products meet the necessary quality and safety standards expected by the United States. The Order was made by Michael Taylor, Secretary to the Department of Agriculture, Fisheries and Forestry, on 18 December 2002, and it came into effect from 1 February 2003. It designates mandarins, tangelos, grapefruit, lemons, and limes as regulated horticultural products and identifies the United States of America as a regulated horticultural market for these products. This designation ensures that there are clear regulations and standards in place to facilitate the export of these products to the United States, thereby supporting the Australian horticulture industry's growth and compliance with international trade requirements.

Scope and Application

The Horticulture Marketing and Research and Development Services [Regulated Horticultural Products and Markets (Mandarins, Tangelos, Grapefruit, Lemons and Limes to the United States of America)] Order (No. 1) 2002 establishes the regulatory framework for the marketing and research and development services of specified regulated horticultural products, namely mandarins, tangelos, grapefruit, lemons, and limes, and designates the United States of America as a regulated horticultural market for these products. This legislative instrument applies to the export of these products from Australia to the United States and affects entities and individuals involved in the production, marketing, and research and development of these horticultural products. The Order extends to the entire Commonwealth of Australia, ensuring a national scope of application. Notably, this Order is an extension of the Horticulture Marketing and Research and Development Services Act 2000, which provides the overarching legislative basis for the regulation of horticultural products and markets. The Order further refines and specifies the application of the Act by detailing particular products and markets, thereby providing a more focused regulatory approach.

Key Provisions

The primary operative sections of this Order, particularly Section 2, establish the regulated status of certain horticultural products and markets. Specifically, Section 2(a) designates mandarins, tangelos, grapefruit, lemons, and limes as regulated horticultural products. Section 2(b) identifies the United States of America as a regulated horticultural market for these products, effective from 1 February 2003. This designation means that these fruits, when exported to the United States, are subject to specific regulations under the Horticulture Marketing and Research and Development Services Act 2000. The Act imposes several obligations and requirements on parties involved in the marketing and export of these regulated horticultural products. Primarily, any person or entity engaged in the export of mandarins, tangelos, grapefruit, lemons, and limes to the United States must comply with the regulations set forth by this Order. This compliance includes adhering to any standards, certifications, or labelling requirements stipulated by the relevant authorities to ensure the products meet the necessary quality and safety standards for the market. The Act also mandates that exporters maintain records and documentation proving compliance with these regulations, which may be subject to audit or inspection by authorised officers. In terms of enforcement and penalties, breaches of this Order can lead to various civil or criminal consequences. The specific penalties are not detailed in the Order itself but typically, under the Horticulture Marketing and Research and Development Services Act 2000, violations can result in substantial fines and potential criminal charges. For instance, knowingly exporting non-compliant products could result in penalties that may include fines up to a significant amount, reflecting the severity of non-compliance with export regulations. Additionally, repeated or serious breaches could lead to more severe criminal penalties, including imprisonment for responsible individuals or entities.