STATUTORY RULES

STATUTORY RULES.

1953. No. 1.

REGULATIONS UNDER THE CUSTOMS ACT 1901-1953 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 1901-1953 and the Commerce (Trade Descriptions) Act 1905-1950.

Dated this twenty second

day of December , 1953.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Signature of George McLeay

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

EXPORTS (GENERAL) REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Exports (General) Regulations.

Repeal.

2. The Exports (General) Regulations (comprising the Statutory Rules specified in the First Schedule) are repealed.

Parts.

3. These Regulations are divided into Parts, as follows :—

Part I.—Preliminary (Regulations 1-6).

Part II.—General Provisions as to Exportation of Goods (Regulations 7-8).

Part III.—Trade Descriptions (Regulations 9-12).

Part IV.—Supervision, Inspection and Examination (Regulations 13-20).

Part V.—Registration of Brands (Regulations 21-26).

Part VI.—Miscellaneous (Regulations 27-30).

Definitions.

4.—(1.) In these Regulations, unless the contrary intention appears—

“ analyst ” means a person appointed as an analyst under regulation 27 of these Regulations ;

“ appointed place ” means—

(a) a place appointed under regulation 14 of these Regulations ;

* Notified in the Commonwealth Gazette on , 1953.

3819.—Price 1s. 9/27.10.1953.

(b) a wharf at which goods to which these Regulations apply and which are intended for export are to be shipped ; or

“ disease ” means any abnormal condition of or in goods, and includes any condition caused by or due to the presence, operation, development, growth or decay of any insect, fungus, bacterium, virus or parasite ;

“ goods to which these Regulations apply ” means goods of a kind named or described in the first column of the Second Schedule ;

“ officer ” has the same meaning as in the Commerce (Trade Descriptions) Act 1905-1950 ;

“ registered brand ” means a brand registered in pursuance of Part V. of these Regulations or having effect as a registered brand for the purposes of the Regulations repealed by these Regulations ;

“ the Department ” means the Department of Commerce and Agriculture ;

“ the Minister ” means the Minister of State for Commerce and Agriculture ;

“ the Secretary ” means the person for the time being holding, or performing the duties of, the office of Secretary of the Department.

(2.) In these Regulations, a reference to a Schedule by number shall be read as a reference to the Schedule so numbered to these Regulations, and a reference to a form by number shall be read as a reference to the form so numbered in the Third Schedule to these Regulations.

(3.) Strict compliance with the Forms contained in the Third Schedule is not necessary and substantial compliance is sufficient.

Regulations do not apply to ships’ stores.

5. These Regulations do not apply to ships’ stores brought to or shipped in Australia.

Delegation.

6.—(1.) The Secretary may, in relation to a particular matter or class of matters, by writing under his hand, delegate to an officer all or any of his powers and functions under these Regulations, except this power of delegation, so that the delegated powers or functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation as fully and effectually as by the Secretary.

(2.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or function by the Secretary.

Part II.—General Provisions as to Exportation of Goods.

Exportation of certain goods prohibited except subject to conditions.

7.—(1.) The exportation of any goods to which these Regulations apply is prohibited unless—

(a) the Secretary is satisfied that the goods have been prepared or manufactured for export in an establishment which is constructed, equipped and operated in an efficient and hygienic manner ;

(b) the goods are, in the opinion of an officer, packed in such a manner as to ensure their arrival at their destination in a sound condition ;

(c) the conditions and restrictions, if any, specified in the second column of the Second Schedule opposite to the name or description of those goods are complied with ; and

(d) the exporter has obtained an export permit in accordance with these Regulations in respect of the goods.

(2.) Paragraph (c) of the last preceding sub-regulation does not apply to goods in respect of which the Secretary has certified in writing that, for the purposes of experiment or on account of exceptional circumstances, it is desirable that that paragraph should not apply to those goods.

Officers may enter establishments, take samples, &c.

8. An officer may at any time enter an establishment in which goods to which these Regulations apply are being prepared or manufactured for export, and may open packages, take samples and do all other things necessary to enable him to ascertain whether the establishment is constructed, equipped and operated in an efficient and hygienic manner.

Part III.—Trade Descriptions.

Exportation of certain goods prohibited unless trade description applied.

9.—(1.) Subject to this regulation, the exportation of any goods to which these Regulations apply is prohibited unless there is applied to the goods a trade description which complies with the requirements of the next succeeding regulation and the requirements, if any, specified in the third column of the Second Schedule opposite to the name or description of those goods.

(2.) This regulation does not apply—

(a) to goods which are imported into Australia and which the Secretary is satisfied are not the produce or manufacture of Australia ; or

(b) to a parcel of seeds not exceeding three pounds in weight exported by post or by air.

Requirements as to trade description.

10.—(1.) A trade description required to be applied to goods under the last preceding regulation—

(a) shall be in the form of a label or brand fixed to the outer covering of the goods in a prominent position and in a conspicuous and reasonably permanent manner ;

(b) shall contain, in prominent and legible characters, a true description of the goods together with the word “ Australia ”;

(c) where the manufacturer or producer of the goods is the exporter, shall include his name or registered brand or his name and registered brand ;

(d) where the manufacturer or producer of the goods is not the exporter, shall include—

(i) the name or registered brand, or the name and registered brand, of the exporter and, unless the exporter has set out the name and address of the manufacturer or producer of the goods

in the notice furnished by him in respect of the goods under regulation 17 of these Regulations, the name or registered brand, or the name and registered brand, of the producer or manufacturer of the goods ; or

(ii) the name or registered brand, or the name and registered brand, of the producer or manufacturer of the goods ;

(e) shall specify, except in the case of plants, the net weight or quantity of the goods ;

(f) in the case of goods which contain a deleterious substance shall include a statement that the goods contain that deleterious substance ; and

(g) shall have relation to the condition of the goods at the time of shipment.

(2.) Notwithstanding the last preceding sub-regulation, the Secretary may, subject to such conditions as he thinks fit, permit the name or brand of the consignee of goods to be included in the trade description in lieu of the name or registered brand of the manufacturer, producer or exporter.

Trade-description may include name of State or Territory of manufacture.

11. A trade description required to be applied to goods under regulation 9 of these Regulations may include the name of the State or Territory in which the goods were manufactured or produced.

Trade descriptions and official marks not to be interfered with.

12. Where goods to which these Regulations apply and which are intended for export have been inspected by an officer, a person shall not, except with the approval of an officer, remove, alter or interfere with a trade description applied to those goods or a. stamp or mark placed on or applied to those goods by an officer.

Penalty : Fifty pounds.

Part IV.—Supervision, Inspection and Examination.

Preparation of export goods under supervision.

13.—(1.) Upon the application of a person engaged in the preparation of goods to which these Regulations apply and which are intended for export, the Secretary may make available the services of an officer to supervise the preparation of the goods.

(2.) When goods are prepared under the supervision of an officer made available under the last preceding sub-regulation, the person engaged in the preparation of the goods may attach or affix to the goods, or to the coverings of the goods, a label stating that the goods have been prepared under the supervision of an officer.

(3.) The officer may sign or stamp his name upon the label.

(4.) Where the services of an officer are made available in pursuance of an application under sub-regulation (1.) of this regulation, the applicant shall pay to the Department for those services—

(a) a fee calculated at the rate of Three shillings for each hour, or part of an hour, during which the officer is engaged in supervising the preparation of goods ; or

(b) where the amount so calculated is less than the expenses incurred by the Department in making the services of the officer available and the Minister directs that payment be made under this paragraph—a fee equal to the amount of those expenses.

(5.) A fee is not payable for the services of an officer under the last preceding sub-regulation in respect of a period for which a fee is paid under regulation 30 of these Regulations for the services of that officer.

Secretary may appoint places for inspection of exports.

14.—(1.) The Secretary may, by writing under his hand, appoint a place to be a place where goods to which these Regulations apply and which are intended for export may be inspected and examined.

(2.) A place may be appointed for the inspection and examination of a particular kind of goods, or of goods included in a particular class of goods, and the appointment may be made subject to such conditions and restrictions as the Secretary thinks fit.

Goods to be sent to appointed places.

15. If goods to which these Regulations apply and which are intended for export are not sent to an appointed place for inspection and examination within a reasonable period before the goods are proposed to be shipped, an officer may refuse to inspect and examine them.

Examination at places other than appointed places.

16. The Secretary may, in an exceptional case, permit the inspection and examination of goods to be made at a place other than an appointed place.

Notice of intention to export, and declaration.

17.—(1.) A person who intends to export any goods to which these Regulations apply shall furnish to the Department a notice and declaration in writing in accordance with Form 1.

(2.) The notice and declaration shall be furnished—

(a) in the case of chutneys, pickles, sauces, fruit juice, fruit pulp, honey, jam, marmalade, dried and preserved vegetables—at least three days before the proposed date of shipment ; and

(b) in any other case—at least one day before the proposed date of shipment.

(3.) A declaration relating to lucerne seed shall, in addition to the matters specified in the form of a declaration in Form 1, state the name of the State or Territory, and district, where, and the year in which, the seed was produced.

False. declarations.

18.—(1.) A person shall not make a false or misleading statement in a declaration furnished in pursuance of the last preceding regulation.

Penalty : Fifty pounds.

(2.) In proceedings for an offence against the last preceding sub-regulation, a certificate signed by the Secretary certifying that the declaration was furnished in pursuance of the last preceding regulation, and was made by the person by whom it purports to have been made, is evidence of the matters stated in the certificate.

(3.) Judicial notice shall be taken of the signature of the Secretary appearing on a certificate under the last preceding sub-regulation and of the fact that the person by whom the certificate purports to have been signed is, or was at the time he signed the certificate, the Secretary.

Export permit and certificate as to examination of goods.

19.—(1.) Where—

(a) goods to which these Regulations apply and which are intended for export are marked with a trade description in accordance with these Regulations ; and

(b) an officer who has examined those goods is satisfied that the conditions and restrictions applicable under these Regulations in respect of the goods have been complied with,

the officer shall sign the certificate at the foot of the notice and declaration furnished in respect of the goods under regulation 17 of these Regulations, and the exporter is thereupon entitled to receive an export permit in accordance with Form 2 and a certificate as to the condition of the goods in accordance with Form 3.

(2.) When goods to which these Regulations apply and which are intended for export are brought to a wharf for shipment, the exporter shall deliver the export permit referred to in the last preceding sub-regulation to the officer of Customs on duty at the ship by which the goods are to be exported.

Goods may be re-examined and permit cancelled.

20.—(1.) If an officer has reasonable cause to think that, since the examination by an officer of any goods to which these Regulations apply and which are intended for export, the condition, quality, grade or class of the goods has changed, he may re-examine the goods and if, having regard to the condition, quality, grade or class of the goods as disclosed by the re-examination, he is satisfied that—

(a) the goods are not marked with a trade description in accordance with these Regulations ; or

(b) any condition or restriction applicable to the goods under these Regulations has not been complied with,

he may cancel the export permit and any certificate as to the condition of the goods issued under the last preceding regulation in respect of those goods.

(2.) Where an export permit or a certificate as to the condition of goods has been cancelled under the last preceding sub-regulation, the exporter shall, if so required by an officer, forthwith surrender the permit or certificate, as the case may be, to the officer.

Penalty : Fifty pounds.

Part V.—Registration of Brands.

21.—(1.) Subject to the two next succeeding regulations, the Secretary may register a brand as a brand which may be included in the trade description of goods to which these Regulations apply and which are intended for export.

(2.) The Secretary shall keep a register of brands registered by him under this regulation.

(3.) The register of brands kept by the Secretary under the Regulations repealed by these Regulations shall be incorporated with and form part of the register of brands required to be kept under these Regulations.

Application to be accompanied by copies of brand.

22. A brand shall not be registered under this Part unless it is accompanied by seven copies of the brand.

Registration as trade mark necessary.

23. A brand shall not be registered under this Part unless it is registered as a trade mark under the Trade Marks Act 1905-1948 and the applicant is the registered proprietor of the trade mark.

Registration number.

24. The Secretary shall allot a number to each registered brand and that number may be applied to goods in conjunction with the brand.

Assignments and transmissions of trade marks to be notified.

25. Where a trade mark which is a registered brand is assigned or transmitted, the person to whom it is assigned or transmitted shall forthwith give notice of the assignment or transmission to the Secretary.

Penalty : Twenty-five pounds.

Cancellation of brand where no longer registered as a trade mark.

26. Where a trade mark which is a registered brand ceases to be registered as a trade mark, the Secretary shall cancel the registration of the brand.

Part VI.—Miscellaneous.

Analysts.

27.—(1.) The Minister may appoint persons whom he is satisfied have the necessary qualifications to be analysts for the purpose of these Regulations.

(2.) An analyst may analyse samples of goods to which these Regulations apply which are taken by an officer under the Commerce (Trade Descriptions) Act 1905-1950.

Certificates of analysis.

28.—(1.) In proceedings arising under the Customs Act 1901-1953, under the Commerce (Trade Descriptions) Act 1905-1950 or under these Regulations in relation to goods to which these Regulations apply and which are intended for export, a certificate given by an analyst as to the result of an analysis of a sample of those goods is prima facie evidence of the matters stated in the certificate.

(2.) Judicial notice shall be taken of the signature of an analyst appearing on a certificate under the last preceding sub-regulation and of the fact that the person by whom the certificate purports to have been signed is an analyst.

Fees for certificates.

29. A copy of a certificate of analysis given in respect of an analysis made under these Regulations may be supplied by the Secretary to the manufacturer, producer or exporter of the goods in respect of which the analysis was made—

(a) where the analysis was made at the instance of an officer for purposes of the Department—upon payment of the sum of One shilling ; and

(b) where the analysis was made at the request of the manufacturer, producer or exporter—upon payment of the sum of Ten shillings and sixpence.

Fees for inspections out of ordinary hours.

30.—(1.) When the services of an officer are, at the request of a person, made available to the person for a purpose of these Regulations before or after official hours or on a Sunday or holiday, that person shall, except as provided by sub-regulation (2.) of this regulation, pay to the Department for those services a fee calculated at the rate of Twelve shillings and sixpence for each hour, or part of an hour, during which the services of the officer are supplied and the officer is reasonably occupied in proceeding to and returning from the place where his attendance is required.

(2.) Where an officer is required to proceed on duty away from his ordinary station, the fee to be paid in respect of his services is such fee as is fixed by the Minister.

(3.) In this regulation, “ holiday ” means a day observed as a holiday in the Public Service of the Commonwealth by virtue of section 76 of the Public Service Act 1922-1953.

THE SCHEDULES.

FIRST SCHEDULE. Reg. 2.

Statutory Rules Repealed.
Statutory Rules 1937, No.	68.
Statutory Rules 1942, No.	286.
Statutory Rules 1943, No.	192.
Statutory Rules 1944, No.	139.
Statutory Rules 1948, No.	11.
Statutory Rules 1948, No.	28.
Statutory Rules 1948, No.	166.
Statutory Rules 1949, No.	53.
Statutory Rules 1950, No.	36.
Statutory Rules 1950, No.	54.
Statutory Rules 1951, No.	47.
Statutory Rules 1951, No.	126.
Statutory Rules 1952, No.	111.

SECOND SCHEDULE.

First Column.	Second Column.	Third Column.
Name or Description of Goods.	Conditions and Restrictions	Additional Requirements as to Trade Descriptions.
1. Chutneys, pickles and sauces	1. The goods shall not contain—
1. Chutneys, pickles and sauces	(a) more than 0.025 per centum of benzoic acid ; or
	(b) any other preservative substance
	2. The goods shall be free from disease, damage and decay
2. Fruit juice—
(a) Lemon juice	1. The juice shall be sound and wholesome	The trade description shall include the name of the fruit from which the fruit juice was obtained and, where preservatives are used, the name of the preservative and the number of grains of preservative per pint of juice
	2. The juice shall consist of pure unfermented juice obtained from properly matured fresh clean fruit of the lemon tree (Citrus medica lemonum)
	3. The juice shall contain not more than 15 per centum of free and suspended pulp as determined by the standard method (A.C.1)
	4. The juice shall not be sweetened and shall have a density due to its natural content of soluble solids of not less than 7.0 degrees Brix
	5. The juice shall contain not less than 5.5 per centum and not more than 7.5 per centum of natural fruit acids expressed as anhydrous citric acid by weight
	6. The juice shall be free, or almost free, from particles of membrane, and entirely free from core, skin, seeds, “ rag ” and other residue
	7. The juice shall possess a distinct lemon flavour free from traces of scorching, caramelization, oxidation or terpene
	8. The juice shall be sufficiently pasteurized to ensure preservation in hermetically sealed containers and bottled lemon juice may contain sulphur dioxide in a proportion not exceeding two grains of sulphur dioxide to the pint of juice
	9. The immediate containers of the juice shall not be packed in a case or other outside container until a period of ten days has elapsed after the completion of the canning or bottling process
(b) Orange juice	1. The juice shall be sound and wholesome	The trade description shall include the name of the fruit from which the fruit juice was obtained and,
	2. The juice shall consist of pure unfermented juice obtained from properly matured fresh clean fruit of the orange tree (Citrus sinensis)

Second Schedule—continued.

First Column.	Second Column.	Third Column.
Name or Description of Goods	Conditions and Restrictions.	Additional Requirements as to Trade Description.
2. Fruit juice—continued.
(c) Grape-fruit juice —continued.	7. The juice shall be free, or almost free, from particles of membrane, and entirely free from core, skin, seeds, “ rag ” and other residue
	8. The juice shall possess a distinct grape-fruit flavour free from traces of scorching, caramelization, oxidation or terpene
	9. The juice shall be sufficiently pasteurized to ensure preservation in hermetically sealed containers and bottled grape-fruit juice may contain sulphur dioxide in a proportion not exceeding two grains of sulphur dioxide to the pint of juice
	10. The immediate containers of the juice shall not be packed in a case or other outside container until a period of ten days has elapsed after the completion of the canning or bottling process
(d) Orange juice and grape-fruit juice (blended)	1. The blended juice shall be sound and wholesome	The trade description shall include the name of the fruits from which the fruit juice was obtained and, where preservatives are used, the name of the preservative and the number of grains of preservative per pint of juice
(d) Orange juice and grape-fruit juice (blended)	2. The blended juice shall consist of a combination of pure unfermented juices obtained from properly matured fresh, clean fruits of the orange tree (Citrus sinensis) and of the grape-fruit tree (Citrus grandus Osbeck) and shall contain not less than 75 per centum of orange juice
	3. The blended juice shall contain not more than 15 per centum of free and suspended pulp as determined by the standard method (A.C.1)
	4. The blended juice shall not be sweetened and shall have a density due to its natural content of soluble solids of not less than 9.5 degrees Brix
	5. The blended juice shall contain not less than 0.75 per centum and not more than 1.65 per centum of natural fruit acids expressed as anhydrous citric acid by weight
	6. The amount of recoverable oil shall be not more than 0.050 per centum by volume when determined by the standard method (A.C.I)
	7. The blended juice shall be free, or almost free, from particles of membrane, and entirely free from core, skin, seeds, “ rag ” and other residue
	8. The blended juice shall possess a normal flavour free from traces of scorching, caramelization, oxidation or terpene

Second Schedule—continued.

First Column.	Second Column.	Third Column.
Name or Description of foods	Conditions and Restrictions.	Additional Requirements as to Trade Descriptions.
2. Fruit Juice—continued.
(d) Orange juice and grape-fruit juice (blended)—contd.	9. The blended juice shall be sufficiently pasteurized to ensure preservation in hermetically sealed containers and bottled blended orange and grape-fruit juice may contain sulphur dioxide in a proportion not exceeding two grains of sulphur dioxide to the pint of juice
	10. The immediate containers of the juice shall not be packed in a case or other outside container until a period of ten days has elapsed after the completion of the canning or bottling process
(e) Other fruit juice	1. The juice shall be the clear, unfermented liquid product obtained by the first pressing of fresh, ripe fruit and shall not contain more than 0.2 per centum by volume of alcohol	The trade description shall include the name of the fruit from which the fruit juice was obtained and, where preservatives are used, the name of the preservative and the number of grains of preservative per pint of juice
	2. The immediate containers of the juice shall not be packed in a case or other outside container until a period of ten days has elapsed after the completion of the canning or bottling process
3. Fruit mincemeat	1. No ingredients other than those approved by an officer shall be used in the manufacture of fruit mincemeat	The trade description shall include—
		(a) the words “ Fruit Mincemeat ”; or
	2. The dried fruits used shall have been packed in premises registered under the Exports (Dried Fruits) Regulations	(a) the words “ Fruit Mincemeat ”; or
		(b) the word “ Mincemeat ” and a list of ingredients set forth in the order corresponding with the proportions in which they are present in the mincemeat
	3. Where animal fats are used, they shall have been prepared in premises registered under the Commerce (Meat Export) Regulations
	4. A label shall not be applied to containers of fruit mincemeat unless the design, nature and dimensions of the label have been approved by the Secretary
	5. The immediate containers of fruit mincemeat shall be clean and strongly and efficiently constructed
	6. The immediate containers shall be enclosed in oases or other outside containers of a type approved by the Secretary

The Second Schedule—continued.

First Column.	Second Column.	Third Column.
Name or Description of Goods.	Conditions and Restrictions.	Additional Requirements as to Trade Descriptions.
3.Fruit mincemeat—continued.	7. If the outside containers are constructed of wood—
	(a) they shall be clean and new, strapped with metal strapping or wire and sufficiently strong to be able, in the opinion of the Secretary, to withstand such handling as is ordinarily incidental to transportation to places beyond the Commonwealth, and
	(b) the wood shall be smoothly sawn or dressed in a manner approved by the Secretary
	8. If the outside containers are constructed of fibre board—
	(a) each side of each container shall consist of one piece of solid fibre board of not less than 100 point thickness constructed with outer face of 0.016, 100 lb. Mullen test ;
	(b) the fibre board shall be coloured and water proof and the combined board shall have a Mullen test of not less than 275 lb. per square inch ; and
	(c) the side flaps shall be securely riveted with coppered flat wire and the containers shall, if so required by the Secretary, be strapped with metal strapping or wire
4. Honey	1. The honey shall be the ripened nectar and saccharine exudations of plants which have been gathered, modified and stored by the honey bee	The trade description shall include a statement that the honey is white, light amber, medium amber or dark, as the case may be
	2. The honey—
	(a) shall contain not more than 26 per centum of water and not less than 60 per centum of reducing sugars ;
	(b) shall yield not more than 0.75 per centum of ash ;
	(c) shall not contain any added sugar or glucose, artificial sweetening substance, added colouring matter or other foreign substance ; and
	(d) shall be uniform in flavour, density and colour
	3. Unless in a particular case the Secretary agrees otherwise on the ground that it would be impracticable to comply with the conditions specified in this paragraph—
	(a) the immediate containers of the honey shall be clean, new and strongly constructed:

The Second Schedule—continued.

First Column.	Second Column.	Third Column.
Name or Description of Goods.	Conditions and Restrictions.	Additional Requirements as to Trade Description.
4. Honey—continued.	3.—continued.
	(b) if the immediate containers are made of tin plate—the containers shall be lacquered on the outside and shall not be soldered internally and the substance and quality of the tin plate shall be not lower than—
	(i) in the case of containers of less than 2 lb. net capacity—95 lb. substance I.C.L. quality ; and
	(ii) in the case of containers of 2 lb. or more net capacity—108 lb. substance I.C. quality ; and
	(c) the immediate containers shall be enclosed in cases, which—
	(i) shall be clean and new ;
	(ii) shall be strapped with metal strapping or wire and be sufficiently strong to be able, in the opinion of the Secretary, to withstand such handling as is ordinarily incidental to transportation to places within the Commonwealth ; and
	(iii) shall be constructed of well-seasoned wood which has been smoothly sawn or dressed in a manner approved by the Secretary
	4. Where the immediate containers are of tin plate, the weight of honey in a container shall not exceed 56 lb. and the weight of honey in a case in which the containers are packed shall not exceed 120 lb.
5. Jam (including mixed jam, marmalade and fruit pulp)	1. The goods shall, in the opinion of an officer—	1. The trade description shall include in bold legible characters of not less than one-quarter of an inch in length the word “ Jam ” “ Conserve ”, “ Marmalade ” or “ Fruit Jelly ” and the name of the fruit or fruits from which the jam has been made
	(a) be sound and not diseased or otherwise in an abnormal condition ;
	(b) be contained in packages or containers which are suitable in respect of size, nature, durability and cleanliness ; and
	(c) be not likely, for any other reason, to arrive at their destination in a deteriorated condition
	2. The jam (except in the case of mixed jam, marmalade and fruit pulp) shall be the product obtained by boiling one kind of sound fruit with cane sugar or beet sugar, or with both

Second Schedule—continued.

First Column.	Second Column.	Third Column.
Name or Description of Goods	Conditions and Restrictions.	Additional Requirements as to Trade Descriptions.
5. Jam (including mixed jam, marmalade and fruit pulp)—continued.	3. Mixed jam shall be the product obtained by boiling two or more varieties of sound fruit with cane sugar or beet sugar, or with both, and shall not contain any added substance other than 5 per centum or less of apple juice and, in the case of raspberry, strawberry or plum jam, harmless colouring matter	2. The trade description of mixed jam shall include the names of the constituent fruits set forth in order corresponding with the proportions in which they are present in the jam, the name of the fruit used in greatest proportion in the manufacture of the jam being placed first
	4. Marmalade shall be the product obtained by boiling sound citrus fruit or fruits with cane sugar or beet sugar, or with both and hall not contain any added substance except glucose made from maize starch
	5. Fruit pulp shall be the product obtained by boiling any one variety of sound fruit and shall not contain any added substance
	6. The water soluble extract of jam (other than fruit pulp) shall be—
	(a) not less than—	3. Where more than one variety of fruit is used in making jam (other than jam sold under the description of mixed jam or mixed fruit jam), the trade description shall include the name of each variety (other than a variety added to the jam in the form of fruit juice only in a quantity not exceeding 5 per centum of the total fruit content of the jam) preceded by, in a case where the quantity of a variety contained in the jam is less than 25 per centum of the total fruit content of the jam, the words “ flavoured with ” in an easily readable form
	(i) in the case of gooseberry or quince jam—64 per centum of the jam by weight ; and
	(ii) in any other case—66 per centum of the jam by weight ; and
	(b) not more than 71 per centum of the jam by weight
	7. The jam (other than fruit pulp) shall contain not less than 50 per centum of added sugar
	8. The immediate containers of the jam shall be made of tin plate or glass and shall be clean and sufficiently strong to be able, in the opinion of the Secretary, to withstand such handling as is ordinarily incidental to transportation to places beyond the Commonwealth
	9. If the immediate containers are made of tin plate—
	(a) the containers shall not be soldered internally and the substance and quality of the tin plate shall be not lower than—
	(i) in the case of containers of less than 2 lb. net capacity—95 lb. substance I.C.L. quality ; and
	(ii) in the case of containers of 2 lb. or more net capacity—108 lb. substance I.C. quality ;
	(b) in the case of goods intended for export to a place situated between the 80th and 180th degrees of east longitude—the containers shall be lacquered on the whole of the outer surfaces in a manner approved by an officer;

Second Schedule—continued.

First Column.	Second Column.	Third Column.
Name or Description of Goods.	Conditions and Restrictions.	Additional Requirements as to Trade Descriptions.
5. Jam (including mixed jam, marmalade and fruit pulp)—contd.	9.—continued.
	(c) in the case of goods intended for export to a place other than a place to which the last preceding sub-paragraph applies—the containers shall, if considered necessary by the Secretary, be lacquered on the whole of the outer surfaces in a manner approved by an officer ; and	4. In the case of fruit pulp, the trade description shall comply with the following additional provisions :—
	(d) in the case of pulps manufactured from berry fruits—the whole of the inner surfaces of the containers shall be lacquered in a manner approved by the Secretary	(a) The label shall be clearly and legibly printed and affixed in a prominent position to the container, and the trade description shall include, in bold and legible characters of not less than three-eights of an inch in length, the word “ pulp ” and the name of the fruit from which the pulp has been prepared;
	10. The immediate containers shall be enclosed in cases constructed of wood or of fibre board and the gross weight of the cases, when packed, shall not exceed 75 lb.
	11. The immediate containers of the jam shall not be packed in a case until a period of ten days has elapsed after the completion of the canning or bottling process
	12. If the cases are constructed of wood—
	(a) they shall be clean and new, strapped with metal strapping or wire and sufficiently strong to be able, in the opinion of the Secretary, to withstand such handling as is ordinarily incidental to transportation to places beyond the Commonwealth ; and
	(b) the wood shall be smoothly sawn or dressed in a manner approved by the Secretary.
	13. If the cases are constructed of fibre board—
	(a) each side of each case shall consist of one piece of solid fibre board of not less than 100 point thickness constructed with outer face of 0.016, 100 lb. Mullen test ;	(b) On the immediate container, if made of tin plate, there shall be impressed, in a form approved by the Secretary, an indication of the year and month of manufacture
	(b) the fibre board shall be coloured and waterproof and the combined board shall have a Mullen test of not less than 275 lb. per square inch ; and
	(c) the side flaps shall be securely riveted with coppered flat wire and the containers shall, if so required by the Secretary, be strapped with metal strapping or wire
	14. If the Secretary is of opinion that there is such free movement of the immediate containers within a case as to be likely to cause breakage or other damage to, or to the labels on, the containers during transport, the containers shall be securely packed with wood wool or other suitable packing material

Second Schedule—continued.

First Column.	Second Column.			Third Column.
Name or Description of Goods	Conditions and Restrictions.			Additional Requirements as to Trade Description.
5. Jam (including mixed jam, marmalade and fruit pulp)—continued.	15. The design, nature and dimensions of labels applied to containers of jam shall be approved by the Secretary
	16. A label applied to a container of jam shall not include a pictorial representation of a kind of fruit other than the fruit from which the jam is made unless the label also includes pictorial representations of several other kinds of fruit
	17. Where jam is packed in tins—
	(a) one label only shall be applied to each tin and that label shall completely cover the outside of the tin other than the top and bottom ; and
	(b) an additional label shall not be super-imposed without the permission of the Secretary
	18. Where jam (other than fruit pulp) is packed in tins, the minimum net contents of each tin and the maximum number of tins which may be packed in a case shall be as follows :—
		Minimum net contents of tins.	Maximum number of tins which may be packed in a case.
		12 or 13 ounces......	72
		16 ounces......	60
		24 ounces......	48
		32 ounces......	30
		36 ounces......	30
		80 ounces......	12
		(In the case of jam exported to a country where the metric system of weights has been adopted to the exclusion of other systems, the net contents of a tin may be expressed in the terminology of the metric system)
		19. Where fruit pulp is packed in immediate containers made of tin plate, the weight of pulp in a container shall not exceed 30 lb. and the weight of pulp in a case in which the containers are packed shall not exceed 64 lb.

Second Schedule—continued.

First Column.	Second Column.	Third Column.
Name or Description of Goods	Conditions and Restrictions.	Additional Requirements as to Trade Descriptions.
6. Nuts	1. Ninety per centum of the nuts in each consignment shall be fresh, reasonably uniform in colour, dry and free from damage caused by stains and from adhering or loose hulls or other foreign material
	2. The kernels of 90 per centum of the nuts in each consignment shall be well formed and cured and free from rancidity and damage caused by lack of development, insects, mould, discolouration or other causes
	3. The nuts shall be reasonably uniform in size
7. Plants, including parts of plants (except the seed) intended for planting or for purposes of propogation	The plants shall be free from disease, damage and decay
8. Seeds	1. The seeds shall be free from seeds other than those specified in the trade description and from stalks, soil and other foreign substances	The trade description shall include a statement that the seeds are sound, clean and fresh and, in the case of lucerne seed, shall specify the name of the State or Territory, and district where, and the year in which, the seeds were produced
	2. The seeds shall be free from disease, damage and decay
	3. The germinating power of the seeds (other than lucerne seeds) shall not be impaired by age or other cause
	4. The seeds shall not be contained in second-hand bags
	5. Lucerne seed shall possess germinating power to the extent of 80 per centum
9. Vegetables (dried and preserved)	1. The vegetables shall be free from stalks, dirt, sand and other foreign substances	In the case of dried vegetables, the trade description shall include a statement that the vegetables are sound, clean and fresh
9. Vegetables (dried and preserved)	2. The vegetables shall be the produce of the latest crop
	3. The vegetables shall be free from disease, damage and decay
	4. The vegetables shall not contain any added preservative substance
	5. The immediate containers of preserved vegetables shall not be packed in a case or other outside container until a period of fourteen days has elapsed after the completion of the canning or bottling process

Goods (Kind and Grade).	Brand and Shipping Marks.	Destination.	Number of Packages.	Number and Size (by Weight or Measure) of Contents of Packages.

Marks.	Exporter.	Character of Goods.	Quantity.