STATUTORY RULES.
1927. No. 155.
REGULATIONS UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1926.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Commerce (Trade Descriptions) Act 1905-1926 to come into operation forthwith.
Dated this twenty-second day of December, 1927.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
THOS. W. CRAWFORD,
for Minister of State for Trade and Customs,
COMMERCE (IMPORTS) REGULATIONS.
PART I.—INTRODUCTORY.
Short title.
1. These Regulations may be cited as the Commerce (Imports) Regulations.
Parts.
2. These Regulations are divided into Parts, as follows:—
Part I.—Introductory.
Part II.—Trade Descriptions.
Part III.—Miscellaneous.
Definitions.
3. In these Regulations, unless the contrary intention appears—
“Bristle” means the hair of swine;
“Clean”, in relation to agricultural seeds and maize, means free from seeds other than those named in the trade description, and from other foreign substances such as chaff, stalks, soil, &c.;
“Clean”, in relation to cereals, fruit, nuts, plants partially treated, and vegetables, means free from stalks, dirt, sand, &c.;
“Coverings” means all the principal coverings in which goods are contained, and in which such goods are usually sold wholesale or retail;
“Disease”, in relation to fruit, plants, seeds, maize or vegetables, including onions and potatoes, means any abnormal condition of or in those goods, whether consisting of the presence of, or caused by or due to the operations, development, growth or decay of, any insect or fungus, and also, in relation to fruit, includes the condition known as “Bitter Pit”;
1491.—Price 5d.
“Food” and “drink” include every article used as food or drink by man, other than drugs and water;
“Gold-plated” and “gilt” mean coated with gold by the electric process, or by any other process which results in a covering of gold of a quality and thickness other than that defined for rolled gold or gold-cased goods;
“Hair” means the hair of animals other than swine;
“Infants’ food” means any food described or sold as an article of food suitable for infants;
“Leather” means leather intended for or usually employed in the manufacture of boots, shoes, and other apparel;
“Manures” includes all substances intended for or commonly used as fertilizers of the soil, except farm-yard or stable manures and crude materials for the manufacture of manures;
“New” and “Newness”, in relation to agricultural seeds and maize, mean that the seed has been gathered during the immediately preceding harvest time in the country or place named in the trade description;
“Plants” includes every part of any plant (except the seed) intended for planting or purposes of propagation;
“Preservative” means boric acid, nitrous acid, fluoric acid, hydrogen peroxide, salicylic acid, sulphurous acid, formic aldehyde, and any preparation of any of those substances or chemical compounds thereof, used as a preservative agent, and any substance declared by Proclamation to be a preservative;
“Rolled gold” and “gold-cased” mean material consisting of a base metal covered by mechanical means with a shell or covering of gold of such quality and thickness as will effectively protect the underlying base metal from the action of pure nitric acid, sp. gr. 1.42 at 60 deg. F.;
“Sole”, in relation to boots and shoes, means all that part of the boot or shoe which in use is under the foot of the wearer, except only the thin slip of leather, paper, or the like, which is affixed to the upper surface of the inner sole:
“Sound” and “Soundness” have relation to freedom from disease, as defined in these Regulations, and from damage, or decay; and
“The Act” means the Commerce (Trade Descriptions) Act 1905-1926.
Ships’ stores.
4. These Regulations shall not apply to ships’ stores brought to Australia.
PART II.—TRADE DESCRIPTIONS.
Conditional prohibition of certain imports.
5. The importation of the goods enumerated in the next succeeding regulation is prohibited unless there is applied to such goods a trade description in accordance with these Regulations.
Imports to which a trade description must be applied.
6. The goods to which the foregoing regulation applies are as follow:—
(a) Articles used for food or drink by man, or used in the manufacture or preparation of articles used for food or drink by man;
(b) Medicines or medicinal preparations for internal or external use;
(c) Manures;
(d) Apparel (including boots and shoes), and the materials from which apparel is manufactured;
(e) Jewellery;
(f) Agricultural seeds;
(g) Plants; and
(h) Brushware.
Trade description—General requirements.
7. The trade description to be applied in accordance with these regulations shall comply with the following provisions:—
(a) It shall be in the form of a principal label or brand affixed in a prominent position and in as permanent a manner as practicable to the goods, or, where affixture to the goods is impracticable, to the coverings containing the goods; and
(b) It shall contain in prominent and legible characters a true description of the goods, and the name of the country or place in which the goods were made or produced; and
(c) In cases where any weight or quantity is set out, it shall specify whether the weight or quantity so set out is gross or net.
Trade description—Additional requirements in certain cases
8. In the case of the goods mentioned in the following regulations, numbers 9 to 16 inclusive, the trade description shall, in addition, comply with the provisions prescribed therein.
Articles used for food or drink by man.
9. (1) In the case of articles used for food or drink by man, or used in the preparation of articles used for food or drink by man, and containing any deleterious or preservative substance, the trade description shall include a statement setting forth that the articles contain the deleterious or preservative substance, and in the case of preservative substances, the amount thereof per pint or pound weight of the goods. [See also clause (1), regulation 10, and schedule on page 9 re Baking Powder, &c.]
(2) In the case of—
(a) cereals, pulse, and other seeds used for food by man, or used in the manufacture or preparation of articles used for food by man;
(b) fruit, dried, such as raisins, currants, prunes, figs, dates and apples (other than in air-tight bottles, tins, or similar retail packages);
(c) fruit, fresh;
(d) nuts, whole, ground or shelled;
(e) parts of plants partially treated in preparation for foodstuffs used by man, such as nutmegs, coffee beans, cocoa beans, pepper, pimento, hops; or
1491.—2.
(f) vegetables, including onions, potatoes, corms rhizomes, bulbs and tubers generally, used for food by man, or used in the manufacture or preparation of articles used for food by man,
the trade description shall set out their condition as to soundness and cleanness.
(3) In the case of infants’ food, the trade description shall include a statement setting out the following particulars:—
(a) the date when the food was packed;
(b) the percentage composition of the food when prepared in accordance with accompanying instructions and a statement of the source of the proteins and fats, and the exact nature of the carbo-hydrate constituent; and
(c) the average percentage composition of human milk:
Provided that if the label contains the words “This food shall not be given to infants under the age of six months except under medical direction,” in bold-faced sans-serif capital letters of not less than six point face measurement, the particulars as required by sub-paragraphs (b) and (c) need not appear.
For the purpose of this sub-regulation, the average percentage composition of human milk shall be deemed to be—
| Proteins............................................................................ | 1.5 per cent. |
| Fat.................................................................................... | 3.5 „ |
| Lactose............................................................................ | 6.5 „ |
| Ash.................................................................................. | 0.2 „ |
(See also paragraph (b) of sub-regulation (4) of this Regulation and Schedule on page 9).
(4) (a) In the case of milk, the trade description shall describe the milk as Condensed Milk, Concentrated Milk, or Dried Milk, as the case requires.
(b) In the case of condensed skimmed milk, or condensed separated milk, the trade description shall include the words “Condensed Skimmed Milk, unfit for Infants,” or “Condensed Separated Milk, unfit for Infants,” printed in bold-faced sans-serif type of not less than twelve points face measurement; the said words shall form the first words on the label, and no other words shall be written on the same line or lines.
Additionally, there shall be printed across the face of the whole of the label, in a diagonal line and in a transparent red colour, the words “Skimmed Milk” in bold-faced sans-serif capital type of not less than forty-eight points face measurement.
(5) In the case of pepper berries (Piper nigrum, L.), the trade description shall specify whether they are white or black. [See also Schedule on page 10.]
Medicines or medical preparations.
10. (1) In the case of antitoxin, serum, or other biological preparations, intended for medicinal, prophylactic, or therapeutic purposes, or for use as, or in the preparation of, articles of food or drink for man,
the trade description shall be directly attached to the container, and shall include a statement in the English language setting out—
(a) the name of the institution, corporation, firm, or person by which or by whom the preparation was manufactured;
(b) the exact name of the preparation;
(c) the exact volume or weight of the content;
(d) the date of manufacture;
(e) the date from which the preparation should no longer be used;
(f) if any antiseptic has been added, the nature and percentage of such antiseptic;
(g) in the case of diphtheria and tetanus antitoxic sera—
(i) the number of immunizing units contained in any stated volume expressed in terms of the units adopted by the Hygienic Laboratory of Washington, U.S.A.;
(ii) a statement as to whether the serum has been concentrated;
(h) in the case of bacterial vaccines, the identity and number of organisms per cubic centimeter and the maximal doses for administration;
(i) whether or not the content is free from organisms other than those peculiar to the preparation;
(j) in the case of antitoxin, whether or not the content is sterile or contains any free toxin.
(2) In the case of medicines and medicinal preparations prepared ready for internal use by man, and containing more than 17.5 per cent. by volume of proof spirit (equivalent to 10 per cent. by volume of ethyl alcohol), the trade description shall include a statement setting out the percentage, by volume, of proof spirit contained in the goods.
(3) In the case of medicines and medicinal preparations for internal or external use by man, if the goods contain any of the following drugs or poisonous chemical derivatives thereof, viz.:—
Free iodine or chemical compounds containing iodine or bromine excepting iodoform and its substitutes; or
Poisonous compounds of animony, arsenic, barium, bismuth, copper, lead, and mercury; or
Yellow phosphorus, hydrocyanic acid, and poisonous cyanides; or
Chloral, dormiol, isopral, acetone-chloroform (chloretone), dionin, heroin, paraldehyde, sulphonal, trional, tetronal, veronal, proponal, bromural, neuronal, or any other natural or synthetic hypnotic substance; or
Anilides, phenetidines, or pyrazolones, such as acetanilide, phenacetin, phenazone, or other derivatives of anilines, aminophenols, or quinolines, or other preparations possessing analgesic or antipyretic properties; or
Any drugs of vegetable origin being or containing poisonous alkaloids, poisonous glucosides, or other poisonous principles; or
Adrenaline, or its substitutes; chloroform, nitro-glycerin; or
Carbolic acid, cresols, guaiacol, cresol, naphthols, resorcin, hydroquinone, pyrogallic acid; or
Cantharides, cotton root, ergot, oil of pennyroyal, oil of rue, oil of savin, oil of tansy, oil of parsley, or any emmenagogue or reputed abortifacient substance; or
Para-phenylenediamine, or similar irritant organic bases, the trade description shall include an explicit statement to such effect, setting out, in regard to any substance specifically named in this list, such specified name of the substance, or in the case of any substance included but not specifically named in this list, the name most commonly applied to the substance in the English language in the Pharmacopœias of Great Britain and the United States of America, or in the British Pharmaceutical Codex, or other recognized authority, and also the quantity or proportion of the drug present in the goods.
(4) In the case of veterinary medicines or liniments, if the goods contain methylated spirits, the trade description shall include a statement setting out in clear and prominent characters, and in the following form, the percentage of such substance contained in the goods, viz.:— “This preparation contains† per cent. of alcohol by volume in the form of methylated spirit.”‡
Manures.
11. In the case of manures, the trade description shall be indelibly branded upon the bags or other coverings, and shall include a statement of the name and percentage of each principal active constituent of the manure in terms of one or more of the following, as the case requires, viz.:—Nitrogen, Available Phosphoric Acid (P2O5) and Potash (K2O.)
Apparel (including boots and shoes.)
12. (1) In the case of articles of apparel, the trade description shall state the nature of the principal material of which the articles are made, and shall, wherever practicable, be applied by means of indelible stamping.
(2) (a) Where articles of apparel are manufactured of fibrous material containing not more than 10 per cent. of fibre other than the preponderating fibre, the name of the preponderating fibre (e.g., “Wool”) may be used to indicate the nature of the material. In other cases the trade description shall set out the names of the principal fibres present in the material, or alternatively, describe the material as being made of the preponderating fibre “and other fibres” (e.g., “Wool and other Fibres”).
(b) Where articles of apparel are manufactured of fibrous material containing loading or weighting substances (other than ordinary dressing), the word “Loaded” or “Weighted” shall be included in the trade description.
(3) (a) In the case of piece goods, intended for or commonly used in the manufacture of articles of apparel, the trade description shall specify the names of the principal fibres of which the material is composed.
(b) Where the material does not contain more than 10 per cent. of fibre other than the preponderating fibre, the name of the preponderating fibre may be used in the trade
† Quantity to be stated.
‡ Under the provisions of the Spirits Act 1906-1923, it is an offence to sell or have in one’s possession any medicines containing methylated spirits other than certain linaments and veterinary medicine.
description to indicate the nature of the material. In other cases the trade description shall set out the names of the principal fibres present in the material, or, alternatively, describe the material as being made of the preponderating fibre “and Other Fibres” (e.g., “Wool and Other Fibres”).
(c) Where any substance (other than ordinary dressing) has been used in the preparation or manufacture, “which has the effect of loading or weighting the material, the word “Loaded” or “Weighted” shall also be included in the trade description.
(d) When paper is contained in such goods, in any proportion whatsoever, the trade description shall include the word “paper”, and shall be applied by means of indelible stamping and in conspicuous characters to the material at least once every yard.
(4) In the case of boots and shoes manufactured wholly or partly from leather or any imitation thereof, the trade description shall set out the principal material from which they are made, and, unless the soles are solid leather, without admixture or addition other than ordinary fillers of cork or of waterproofed felt, shall state the nature of the admixture or addition, and a statement of the material or materials composing the sole shall, in addition, be conspicuously, legibly, and indelibly stamped upon or impressed into the outer surface of the sole of each boot or shoe.
(5) In the case of leather containing any loading of any mineral or other weighting substances, the trade description shall include a statement setting out the name of each loading substance contained in the leather, and the percentage thereof:
Provided that the following shall not be deemed to be loading substances within the meaning of this paragraph:—Glucose and sugar to the extent of not more than 5 per cent, taken together, and fats and oils used in the manufacture and preparation of the leather.—[See also Schedule on page 9.]
Jewellery.
13. (1) In the case of gold jewellery, the carat quality shall be conspicuously set out in the trade description applied to the goods, and shall also, where practicable, be legibly stamped or engraved upon each article.
(2) In the case of jewellery wholly or partly covered by gold, the words “Rolled Gold,” “Gold Cased,” “Gold Plated,” or “Gilt,” as the case requires, shall be conspicuously set out in the trade description applied to the goods, and shall also, where practicable, be legibly stamped upon each article.
(3) In the case of silver jewellery not marked with a British hall mark, the degree of millesimal fineness (e.g., “.925 fine”) shall be conspicuously set out in the trade description applied to the goods, and the number indicating such degree of millesimal fineness shall also, where practicable, be legibly stamped or engraved upon each article.
(4) In the case of jewellery which, not being gold or silver, nor coated with gold or silver, is coloured to represent gold or silver or gold and silver, the words “Imitation Jewellery” shall be conspicuously
set out in the trade description applied to the goods, and the word “Imitation” shall also, where practicable, be legibly stamped upon each article.
Agricultural seeds.
14. (1) In the case of agricultural seeds and maize, the trade description shall state the names of the seeds and their condition as to soundness, cleanness, and newness:
Provided that, where the Collector of Customs is satisfied that the seeds are not to be used for planting, the condition as to statement of newness need not be insisted upon.
(2) In the case of lucerne seed, the trade description shall in addition, specify the year in which the seed was produced.—[See also Schedule on page 10.]
(3) The foregoing clauses of this regulation shall not apply to packages of seeds weighing less than 1 lb., unless such seeds are imported for purposes of sale within the Commonwealth.
Plants.
15. In the case of plants, the trade description shall state the names of the plants and their condition as to freedom from, or affection by any disease or pest.
Brushware.
16. (1) In the case of brushware, the trade description shall state the nature of the material or materials comprising the brush other than the handle or stock, e.g., “Bristle,” “Hair,” “Bone,” “Fibre,” “Bristle and Hair”.
(2) Where brushware contains, apart from the handle or stock, more than one material, e.g., Bristle and Hair, the name of the preponderating material shall appear first in the trade description.
General.
17. The importation of all goods mentioned in the Schedule to these Regulations, which do not comply with the standards set out therein, is prohibited, unless the trade description applied to the goods includes in bold and legible characters the matters in which, and the extent to which, the goods do not comply with the standards applicable thereto.
18. The importation of all goods mentioned in these Regulations, which do not comply with the standards set out in the respective schedules to the Commerce (General Exports) Regulations, the Commerce (Export Dairy Produce) Regulations, and the Commerce (Meat Export) Regulations, is prohibited, unless the trade description applied to the goods includes in bold and legible characters the matters in which, and the extent to which, the goods do not comply with the standards applicable thereto.
PART III.—MISCELLANEOUS.
Analysts and analyses.
19. (1) The Minister may appoint any qualified person to be an analyst for the purpose of the Act and these Regulations.
(2) All Customs Analysts shall without further appointment be analysts for the purposes of the Act and these Regulations.
20. Every certificate of the result of an analysis shall be prima facie evidence of the facts therein stated.
21. A copy of a certificate of analysis relating to any goods for export enumerated in these Regulations may be supplied by the Collector of Customs to the manufacturer or exporter of the goods on either of the following conditions:—
(a) Where the analysis is made at the instance of an officer for departmental purposes, the certificate may be supplied upon payment to the Customs of One shilling; or
(b) Where the analysis is made at the request of the manufacturer or exporter desirous of obtaining the certificate, the certificate may be supplied upon payment to the Customs of Ten shillings and six pence.
Penalties.
22. Any person committing a breach of these Regulations for which no other penalty is provided shall be liable to a penalty of £20 (Twenty pounds).
Repeal.
23. The Commerce (Imports) Regulations 1923 (Statutory Rules 1923, No. 37 as amended by Statutory Rules 1923, No. 129, by Statutory Rules 1924, Nos. 8, 48, 126, and by Statutory Rules 1926, No. 166) are hereby repealed.
SCHEDULE.
STANDARDS.
Baking Powder, etc.
Baking Powder or Cream of Tartar Substitutes shall contain no boron compounds.
Cocoa Mass, Cocoa Paste, or Cocoa Slab.
Cocoa mass, cocoa paste, or cocoa slab, shall be the solid or semi-solid mass produced by grinding cocoa nibs, and shall contain not less than 45 parts per cent. of cocoa fat. The water and fat free residue of the cocoa mass shall contain not more than nineteen parts per cent. of starch naturally present in cocoa nibs or cracked cocoa (as determined by the Diastase method); not more than six and one-third parts per cent. of crude fibre; not more than eight parts per cent. of total ash; and not more than five and five-tenths parts per cent. of ash, insoluble in water; and not more than four-tenths of one part per cent. of ferric oxide.
Infants’ Foods.
Infants’ food shall not contain any wood fibre nor any mineral substance insoluble in decinormal hydrochloric acid, nor any preservative substance.
Leather.
A Proclamation has been issued under the Customs Act 1901-1920 prohibiting the importation of all Leather, or manufactures thereof, when for human wear, containing any proportion of barium sulphate, or other barium compounds.
Lucerne Seed.
Lucerne Seed shall contain no foreign seeds or substances, and shall, when tested by an officer, show germination to the extent of at least 80 per cent.
A proclamation has been issued under the Customs Act 1901-1920, prohibiting the importation of lucerne seed unless such seed is stained with fine polishing rouge. The staining must be effected by first thoroughly mixing the total bulk of the seed with one-tenth (1-10th) part of one per centum of refined cotton seed oil in a closed vessel (i.e., revolving barrel); subsequently one-quarter (¼) of one per centum of fine polishing rouge must be added and the mixing continued until the added colour is uniformly distributed on the seed.
Pepper.
Black Pepper is the dried immature berry of Piper nigrum, L.; it shall contain—
(a) no foreign substance;
(b) not more than
(1) 5 parts per cent. white berries,
(2) 15 parts per cent. of waste material,
(3) 7 parts per cent. of total ash;
(c) not less than
(1) 6 parts per cent. of extract soluble in ether, and
(2) 8 parts per cent. of extract soluble in ethylic alcohol.
White Pepper is the dried more or less mature berry of Piper nigrum, L.; it shall contain—
(a) no foreign substance;
(b) not more than
(1) 5 parts per cent. black berries,
(2) 7 parts per cent. of immature berries,
(3) 3.5 parts per cent. of ash;
(c) not less than
(1) 6 parts per cent. of extract soluble in ether, and
(2) 7 parts per cent. of extract soluble in ethylic alcohol.
By Authority: H. J. Green, Government Printer, Canberra.