STATUTORY RULES.

1935. No. 5.

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REGULATIONS UNDER THE CUSTOMS ACT 1901-1934 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1933.*

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 1901-1934 and the Commerce (Trade Descriptions) Act 1905-1933.

Dated this twenty-sixth day of January, 1935.

Governor-General.

By His Excellency’s Command,

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

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Amendments of the Commerce (General Exports) Regulations.†

Interpretation.

1. In these Regulations, any reference to a regulation shall be read as a reference to a regulation contained in the Commerce (General Exports) Regulations, as amended to the date of commencement of these Regulations.

2. Regulation 8 is amended by omitting paragraph (j) and inserting in its stead the following paragraph:—

Embossing of containers of canned fruits.

“(j) Each can or immediate container of canned fruits shall have embossed thereon a cypher approved by the Secretary, indicating the season of packing, and (except in the case of canned fruits of ‘Second’ and ‘Pie’ qualities) the letters ‘EX’ conjoined indicating that the contents have been passed as fit for export.”.

Cases for fresh fruit.

3. Regulation 47 is amended—

(a) by inserting in the table contained in paragraph (a), after the words and figures referring to the case described as “Pear”, the following words and figures:—

“Long bushel | 26 | 14¼ | 6 | Pears only”;

(b) by omitting paragraph (e) and inserting in its stead the following paragraph:—

“(e) The fruit shall be packed in clean, new cases or trays manufactured from seasoned softwood or

* Notified in the Commonwealth Gazette on   , 1935.

† Statutory Rules, 1926 No. 22, as amended by Statutory Rules, 1926, Nos. 66 and 176; 1927, Nos. 11, 34, 107, 131, and 152; 1928, No. 114; 1929, No. 52; 1930, No. 23; 1932, Nos. 12, 48 and 67; 1933, Nos. 22, 66, 79 and 121; 1934, Nos. 2, 7, 23, 47, 49 and 117.

78.—6/22.1.1935.—Price 5d.

hardwood containing not more than twenty per centum of moisture, smoothly sawn or dressed in a manner approved by the Secretary, and, in the opinion of the Secretary, sufficiently strong to withstand such handling as is ordinarily incidental to transport to destinations beyond the Commonwealth. Cases manufactured from karri and jarrah timber shall have the boards comprising the ends, tops and bottoms dressed on one side at least and the boards comprising the sides shall be smoothly sawn or dressed.”; and

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

“(f) Each apple and pear shall, before being packed into the cases or trays, be wrapped in paper. Packing material shall be used and shall consist of corrugated strawboard, wood-wool, or other similar material. The paper and packing material shall be of a quality approved by the Secretary. In the packing of pears the fruit shall be protected by the use of packing material on all sides, tops and bottoms of the cases and trays. Only one layer of apples shall be packed in each tray.”.

Grade standards for apples and pears.

4. Regulation 48 is repealed and the following regulation inserted in its stead:—

“48.—(1.) Apples intended for export shall comply with the following provisions:—

(a) Only apples of the varieties and sizes specified in the Third Schedule to these Regulations shall be exported:

Provided that apples of the following varieties shall not be exported unless the consent in writing of the Secretary has first been obtained:—

Coleman, Jubilee, King Cole, McIntosh Red, Stayman, White Winter Pearmain and Wellington.

(b) The outer layers or shown surfaces of the apples in each case shall be a true indication of the average grade of the contents of that case.

(c) Apples described as ‘Extra Fancy’ shall consist of sound, clean, well-formed mature apples of one size and one variety, free from broken skins and from disease. Slight blemishes from any cause may be permitted, provided that the total number of blemished apples in any case does not exceed ten per centum of the total number of apples in the case, and the total area covered by such blemishes on any apple does not exceed the area contained in a circle having a diameter of one quarter of an inch.

Russeting shall not be considered a blemish, provided that not more than ten per centum of the surface of any apple is affected.

(d) Apples described as ‘Fancy’ shall consist of sound, clean and fairly well-formed mature apples of one size and one variety, free from broken skins and from disease.

Slight blemishes from any cause may be permitted provided that the total number of blemished apples in any case does not exceed ten per centum of the total number of apples in the case, and the total area covered by such blemishes on any apple does not exceed the area contained in a circle having a diameter of one quarter of an inch.

Russeting shall not be considered a blemish provided that not more than thirty per centum of the surface of any apple is affected, or, in the case of apples of the Sturmer variety, not more than fifty per centum of the surface of any apple.

(e) In addition to the requirements set out in paragraphs (c) and (d) of this sub-regulation, each apple shall have the colour characteristic of the variety to an extent not less than that specified in the Third Schedule to these Regulations in respect of the particular variety and grade of the apple.

Provided that those apples which are of the green or yellow coloured varieties, or have no distinguishing colour or marks and are indicated by the letters ‘E.C.’ in that Schedule, shall be of even colour throughout the case.

(2.) Pears intended for export shall comply with the following provisions:—

(a) The outer layers or shown surfaces of the pears in each case shall be a true indication of the average grade of the contents of that case.

(b) Pears described as ‘Extra Fancy’ shall consist of sound, clean, well-formed pears of one size and one variety, free from broken skins and from disease. Superficial blemishes from any cause may be permitted provided that the total number of blemished pears in any case shall not exceed five per centum of the total number of pears in the case. None of the pears shall be less than two and one-quarter inches in diameter.

(c) Pears described as ‘Fancy’ shall consist of sound, clean, well-formed pears not less than two inches in diameter, of one size and one variety, free from broken skins and not seriously blemished or injured by any disease. Pears slightly blemished by black spot fungus, or from other causes may be exported provided that—

(i) the proportion of such fruit does not exceed ten per centum (by number) of the pears in any case; and

(ii) the total area covered by such blemishes on any pear does not exceed the area contained in a circle having a diameter of one-quarter of an inch.

(d) Pears described as ‘Good’ shall consist of pears not less than two inches in diameter, of one size and one variety, free from broken skins, and not seriously blemished or

injured by any disease. Pears slightly blemished by black spot fungus, or from other causes, may be exported provided that the total area covered by such blemishes on any pear does not exceed the area contained in a circle having a diameter of one-quarter of an inch.”.

Trade descriptions—general requirements as to brands, labels and markings.

5. Regulation 57 is amended by omitting the proviso to paragraph (b) and inserting in its stead the following proviso:—

“Provided that in the case of second quality canned fruit the words ‘Empire Produce’ instead of the word ‘Australia’ shall be used.”.

Additional trade description for apples and pears.

6. Regulation 61 is amended by omitting paragraph (a) and inserting in its stead the following paragraph:—

“(a) in letters or figures of not less than one-quarter of an inch in height if on printed paper labels, and not less than three-quarters of an inch if stencilled on cases—the variety and size or number of the apples or pears contained in each case, and whether the apples are ‘Extra Fancy’ or ‘Fancy’, or whether the pears are ‘Extra Fancy’, ‘Fancy’, or ‘Good’.

The size of the apples or pears appearing in the trade description shall be stated as follows:—

‘2 inches’, which term shall include fruit of 2 inches or greater diameter, but less than 2⅛ inches;

‘2⅛ inches’, which term shall include fruit of 2⅛ inches or greater diameter, but less than 2¼ inches;

‘2¼ inches’, which term shall include fruit of 2¼ inches or greater diameter, but less than 2⅜ inches;

‘2⅜ inches’, which term shall include fruit of 2⅜ inches or greater diameter, but less than 2½ inches.

‘2½ inches’, which term shall include fruit of 2½ inches or greater diameter, but less than 2¾ inches.

‘2¾ inches’, which term shall include fruit of 2¾ inches, or greater diameter, but less than 3 inches.

‘3 inches’, which term shall include fruit of 3 inches or greater diameter, but less than 3¼ inches.

‘3¼ inches’, which term shall include fruit of 3¼ inches or greater diameter, but less than 3½ inches; and”.

Inspection fees.

7. Regulation 104 is amended—

(a) by omitting from sub-regulation (1.) the word “Markets” and inserting in its stead the word “Commerce”; and

(b) by adding after the word “Commonwealth” in that sub-regulation the words “to the United Kingdom or to the continent of Europe.”.

Third Schedule.

8. After the Second Schedule to the Commerce (General Exports) Regulations the following Schedule is added:—

“THE THIRD SCHEDULE.

APPLES.

Varieties, Classes, and Sizes of Apples which may be Exported, the Abbreviated Description of each Variety, and the Minimum Percentage of Colour Characteristic of the Variety necessary on each Apple for each of the Grades ‘Extra Fancy’ and ‘fancy’.

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