STATUTORY RULES.
1930. No. 132.
REGULATIONS UNDER THE CUSTOMS ACT 1901-1930 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1930.
I, THE person administering the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1930, and the Commerce (Trade Descriptions) Act 1905-1930, to come into operation forthwith.
Dated this sixth day of November, 1930.
SOMERS
Administering the Government of the
Commonwealth of Australia.
By His Excellency’s Command,
F. M. FORDE
Acting Minister of State for Markets, and for and behalf
of the Minister of State for Trade and Customs.
__________
Commerce (Export Dairy Produce) Regulations.
Statutory Rules 1930, No. 132.
Part I.—Preliminary.
Short title.
1. These Regulations may be cited as the Commerce (Export Dairy Produce) Regulations.
Repeal.
2. The Commerce (Export Dairy Produce) Regulations (Statutory Rules 1926, No. 182, as amended by Statutory Rules 1927, Nos. 50 and 132; 1928, No. 83; 1929, No. 77; and 1930, No. 104) are repealed.
Parts.
3. These Regulations are divided into Parts, as follows:—
Part I.—Preliminary.
Part II.—Preparation and Packing.
Part III.—Trade Descriptions.
Part IV.—Inspection.
Part V.—Classification, Certification and Marking.
Part VI.—Registration of Brands.
Part VII.—Export Establishments.
Part VIII.—Miscellaneous.
Definitions.
4. In these Regulations, unless the contrary intention appears—
“Acts” means the Customs Act 1901-1930 and the Commerce
(Trade Descriptions) Act 1905-1930;
“Appointed place” means a place appointed by the Secretary in accordance with regulation 29 of these Regulations where any prescribed goods intended for export may be inspected and examined, and includes any wharf at which those goods are exported, and any ship used for the conveyance of those goods for export;
“Butter fat” means the fat of cow’s milk;
“Clean,” in relation to eggs in shell, means free from stain, dirt or other foreign matter, but does not include eggs which have been washed;
“Collector” means any Collector of Customs for any State and any principal Officer of Customs doing duty at the time and place, and any Officer of Customs doing duty, in the matter in relation to which the expression is used;
“Coverings” means all the principal coverings in which goods are contained, and in which goods are usually sold wholesale or retail;
“Creamery butter” means butter, other than pastry butter or milled butter, made from centrifugally separated cream;
“Dairy Officer” means any officer who inspects, examines, grades or marks any prescribed goods;
“Dried milk products” includes all dried preparations made from milk, or any of the constituents of milk, as a basis and includes dried milk food products;
“Export establishment” means any premises registered in accordance with those Regulations wherein any prescribed goods are prepared or manufactured for export;”
“Fresh,” in relation to eggs in shell, means that the eggs arc fit for human consumption and are considered by an officer, after examination by the “candling” process, to be not more than seven days old;
“Fresh,” in relation to egg pulp, means that the egg pulp is fit for human consumption and is considered by an officer to be fit for export;
“Margarine” means any fatty substance, whether compound or otherwise, and containing animal fats or vegetable oils or both, prepared in imitation of butter, and whether mixed with butter or not;
“Marked,” in relation to any prescribed goods submitted for export, means that any such goods have been graded and marked with the “Approved for Export” stamp in accordance with regulation 52 of these Regulations;
“Milled butter” means butter which is a mixture or blend of two or more butters originally packed under separate names or brands, and which have been mixed or blended at a place other than where manufactured and packed;
“Officer” means an officer of the Department of Markets;
“Pasteurized,” in relation to milk or cream, means that the milk or cream has been subjected to a process of heating to a temperature sufficiently high and for a time sufficiently long to ensure the destruction of active germ life contained therein;
“Pasteurized butter” means butter made from cream that has been properly pasteurized and thoroughly protected after pasteurization, by cooling and careful treatment, from contamination by germ life;
“Pastry butter” means butter which is not fit for ordinary table use, and which is graded 85 points and not less than 80 points;
“Prescribed goods” means the goods specified in regulation 15 of these Regulations;
“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;
“Registered brand” means a brand registered in pursuance of Part VI. of these Regulations;”
“Schedule” means a Schedule to these Regulations;
“State” includes any Territory under the authority of the Commonwealth to which the Acts apply;
“The Secretary” means the Secretary of the Department of Markets.
"Regulations do not apply to ship’s stores.
5. These Regulations shall not apply to ship’s stores brought to or shipped in Australia:
Provided that, with regard to the following goods supplied to a ship in Australia, the quantities which may be regarded for the purposes of these Regulations as ships’ stores shall not exceed :—
(a) In the case of butter, twenty-five (25) 56-lb. boxes, or their equivalent;
(b) In the case of cheese, ten (10) 160-lb. crates of cheese or their equivalent;
(c) In the case of condensed milk, one hundred (100) 42-lb. boxes or their equivalent; and
(d) In the case of dried milk, ten (10) 56-lb. boxes, or their equivalent.
Part. II.—Preparation and Packing.
Food or drink to comply with prescribed conditions.
6. Except by permission of the Secretary, none of the prescribed goods shall be exported, or brought for export to any wharf or place, unless the conditions prescribed by these Regulations have been complied with.
Manufacture of butter and cheese.
7. All butter and cheese submitted for export shall have been prepared and manufactured at an export establishment.
Packages for butter, & co.
8. Butter, cheese, eggs in shell and egg pulp shall be exported only in packages which, in the opinion of an officer authorized to inspect those goods—
(a) will not cause them to deteriorate;
(b) will not impart a taint to them when stored; and
(c) are sufficiently strong to enable them to be carried without breakage when subject to ordinary treatment,
and shall be packed in such a manner and with such material as will ensure their arrival at their destinations in a sound condition.
Crates for cheese.
9.— (1.) The crates in which cheese is packed for export shall be made in accordance with the following specifications, viz.:—
(a) The crate shall be twelve-sided. Its outside length shall be 27 inches;
(b) The timber used shall be as follows :—
Length of batten—27 inches.
Width of batten—3¼ to 3½ inches.
Thickness of batten—⅜ to ½ inch.
Edges of battens to be bevelled;
(c) The ends of the crate shall, when dressed be at least ⅞ inch thick, and the centre boards not less than ¾ inch thick;
(d) The crate shall be bound at each end with galvanized wire of fourteen gauge;
(e) The nails used shall be 1¾ inches by thirteen gauge, and shall have flat heads; and
(f) The crate shall be fitted with approved scale boards in such manner as will prevent the cheese adhering to the timber.
(2.) No cheese shall be exported in crates other than as prescribed in the preceding sub-regulation unless the approval of the Secretary is first obtained.
(3.) The cheese contained in each crate shall be of uniform grade.
Label or brand for butter, &c.
10. No label, brand, or mark shall be applied to any proscribed goods or the coverings thereof unless the design, dimensions and nature of such label or brand have boon approved by the Secretary:
Provided that this regulation shall not apply to any mark applied by the manufacturer at the time of manufacture.
Case for condensed milk, cocoa and milk, &c.
11. Condensed, concentrated or dried milk, cocoa and milk preparations, coffee and milk preparations, and preparations of a similar character, which are intended for export, shall be packed in eases, strapped with metal or wire, which are, in the opinion of an officer, sufficiently strong to withstand such handling as is ordinarily incidental to transport to destinations beyond the Commonwealth.
Packing and preparation of egg pulp.
12. Egg pulp intended for export shall be prepared and packed in accordance with the following provisions:—
(i) The eggs shall be individually examined by the candling process under the supervision of an officer and such examination shall be supplemented by the breaking of individual eggs;
(ii) The eggs shall be broken by hand into a cup of a type approved by an officer;
(iii) The officer may reject all eggs considered by him to be unfit for pulping;
(iv) No egg that is in an unsound or other abnormal condition shall be used;
(v) The preparation of the eggs shall be carried out under sanitary conditions approved by the Secretary;
(vi) Egg pulp shall be packed only in clean new containers of a type approved by the Secretary.
Preparation, inspection, and packing of eggs in shell.
13. The packing of eggs in shell intended for export shall be subject to the following conditions :—
(a) The eggs shall be individually examined by the candling process under the supervision of an officer, and at premises approved of by the Secretary;
(b) The eggs shall not be graded or packed within a reasonable distance of the place where eggs are pulped;
(c) Eggs, which have been subjected to any preservative process or which have been placed in cold store prior to being submitted for export, shall not be packed;
(d) Any egg, which has a broken or damaged shell, or which is in an unsound, unclean, or other abnormal condition, shall not be packed;
(e) Hen eggs shall be packed in accordance with such one of the following sizes as is applicable to the description of the eggs :—
(i) Size 1.—Not less than 13¼ lb. net weight per each ten dozen eggs, provided that no egg shall weigh less than 1¾ oz.;
(ii) Size 2.—Not less than 14 lb. net weight per each ten dozen eggs, provided that no egg shall weigh less than 1¾ oz., nor more than 2 oz.;
(iii) Size 3.—Not less than 15 lb. net weight per each ten dozen eggs, provided that no egg shall weigh less than 1¾ oz., nor more than 2⅛ oz.;
(iv) Size 4.—Not less than 16 lb. net weight per each ten dozen eggs, provided that no egg shall weigh less than 2 oz., nor more than 2¼ oz.;
(v) Size 5.—Not less than 17 lb. net weight per each ten dozen eggs, provided that no egg shall weigh less than 2⅛ oz., nor more than 2⅜ oz.; and
(vi) Size 6.—Not less than 18 lb. net weight per each ten dozen eggs, provided that no egg shall weigh less than 2¼ oz., nor more than 21 oz.;
and the eggs in each box shall be fresh, clean, of uniform size and not mis-shapen;
(f) An officer may reject any eggs considered by him to be unfit for export;
(g) The eggs shall be packed in clean new cases, constructed of well-seasoned softwood or hardwood that has been smoothly sawn or dressed in an approved manner, strapped with metal strapping or wire, and sufficiently strong, in the opinion of the officer, to withstand such handling as is ordinarily incidental to transport to destinations beyond the Commonwealth;
(h) Hen eggs shall be packed only in cases of the undermentioned dimensions and containing the quantities specified hereunder :—
| Total number of eggs in case. | Internal measurements of case. |
| 15 dozen ......................................... | 11⅝ inches x 11⅝ inches x 13 inches. |
| 30 dozen.......................................... | This case shall be divided into two equal compartments by a board placed across the centre of the case. The internal measurement of each compartment shall be 11⅝ inches x 11⅝ inches x 13 inches. The dimensions of the centre board shall be 11⅝ inches wide, 13 inches deep, ⅝ inch thick. |
(i) Each hen egg shall be packed in a separate division, constructed of new white odourless wood pulp board, the thickness of which shall be not less than . 028 caliper. A pad of wood wool or other odourless substance, approved by the officer, shall be placed at the bottom and top of each case and not less than one pad in the centre layer of eggs;
(j) Duck eggs shall be packed in such manner and in cases of such dimensions containing such quantity as are approved by an officer; and
(k) Duck eggs shall not be packed in the same case as hen eggs.
Margarine, &c., not to be manufactured or stored near butter or cheese.
14. No margarine or fats other than butter fat shall, unless with the approval of the Secretary, be manufactured or stored in premises wherein butter or cheese for export is manufactured or stored.
Part III.—Trade Descriptions.
Trade description to be applied to certain goods before export.
15. The exportation of the goods specified hereunder is prohibited unless there is applied to those goods a trade description in accordance with this Part—
Butter,
Casein,
Cheese,
Cocoa and milk preparations,
Coffee and milk preparations,
Cream (pasteurized or sterilized).
Egg pulp,
Eggs in shell,
Ghee,
Margarine,
Milk—
Concentrated,
Condensed,
Condensed skimmed,
Dried,
Dried butter milk,
Dried milk products,
Dried skim milk,
Pasteurized or sterilized,
Malted milk powder,
Milk sugar.
Imported goods subsequently exported liable to examination.
16. Where any prescribed goods are imported into Australia and are not held in bond, they shall, before export is permitted, be submitted for examination for export under the same conditions as if they were produced in Australia, unless it is proved to the satisfaction of the Secretary that the goods are not the produce or manufacture of Australia.
Trade description— general requirements as to brands, labels, and markings.
17. Subject to this Part, 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 conspicuous and reasonably permanent manner in a prominent position to the goods or to the coverings containing the goods;
(b) It shall contain, in prominent and legible characters, a true description of the goods and the word “ Australia ” ;
(c) It shall be in the English language;
Provided that the Minister may, if he thinks fit, permit the whole or portion of such trade description other than the word “ Australia ” to appear in a foreign language;
(d) It shall include any one, and may include all, of the following particulars, namely:—
(i) The name of the manufacturer or producer or exporter;
(ii) The registered brand of the manufacturer or producer or exporter:
Provided that the Minister may permit, subject to such conditions as he deems necessary, the registered brand of the consignee in lieu of the registered brand of the manufacturer, producer or exporter to appear in the trade description:
Provided further that, in any case where the exporter is not the manufacturer or producer, the trade description shall include the manufacturer’s or producer’s name or registered brand unless the exporter sets forth in the notice of intention to export the name and address of the manufacturer or producer; and
(e) The label or brand shall specify the net weight or quantity of the goods:
Provided that—
(i) In the case of butter other than tinned butter, the net weight of the contents, exclusive of paper, shall at the time of examination prior to export be in excess of the marked weight to the extent of not less than 2 oz. for each 56 lb. of marked weight, and proportionately for marked weights greater or less than 56 lb. and the words “ Net Weight ” shall be marked, in prominent characters, on the box;
(ii) In the case of tinned butter, if the statement of net weight appears on the cases, marking on the tins will not be required;
(iii) In the case of cheese, a variation between the marked and the actual weights, respectively, may be permitted to the extent, as regards crates marked as containing 160 lb. net, of 4 lb., and as regards marked weights greater or less than 160 lb., in like proportions; and
(iv) In the case of eggs in shell, the net weight per long hundred (ten dozen) shall be specified.
Additional description of butter.
18. (a) In the case of butter—
A. The trade description as prescribed shall be indelibly impressed on both ends or both sides of the box—
(i) in the case of milled butter, in red colour; and
(ii) in the case of butter other than milled butter, in some dark colour other than red.
B. The trade description shall also specify whether the butter is Pure Creamery Butter, Milled Butter, or Pastry Butter, as the case may be;
(b) In the case of pasteurized butter, the trade description shall include—
(i) the word “ Pasteurized ”; and
(ii) where such butter has been graded by an officer in accordance with these Regulations at 92 points and over, the Commonwealth Standardization Trade Mark No. 34,531 indicated in regulation 42 of these Regulations. Such Mark shall be contained within two concentric circles, the diameter of the outer circle being 2¾ inches and that of the inner circle being 2½ inches, and shall be applied to the boxes by an officer in such manner as the Secretary decides;
(c) In the case of unsalted butter, the trade description shall include the word “Unsalted” in prominent characters;
(d) In the case of milled butter, the trade description shall indicate, by mark or marks approved by the Secretary, the date of milling. Such mark or marks shall be applied to the left hand top corner of that end or side of each outer covering bearing the prescribed trade description;
(e) In the case of butter, other than milled butter and butter in pats or tins, which has been repacked by any person other than the manufacturer thereof under a brand other than the brand of such manufacturer, the trade description shall include the word “Repacked” indelibly impressed in prominent characters;
(f) In the case of butter other than milled butter and butter in tins, the trade description shall include the following marks :—
(i) vat number;
(ii) churn number;
(iii) date of manufacture; and
(iv) the number of boxes in the churning.
Such marks shall be applied to the left-hand top corner of those ends or sides of each outer covering bearing the trade description;
(g) In the case of pastry butter, the trade description shall include the words “ Pastry Butter ” fire-branded in prominent characters.
Additional description for cheese.
19. In the case of cheese, the trade description shall be indelibly impressed on both ends of the crate, and shall include, in prominent and legible characters—
(i) the words “Colored” or “White”, as the case may be, the word “Colored” to be applied in red ink, and the word “White” to be applied in dark ink of a different color;
(ii) the words “Australian Cream Cheese”, “Australian Whole Milk Cheddar Cheese”, “Australian Partially Skimmed Milk Cheese”, “Australian Processed Cheese”, or “Australian Soft Cheese”, whichever description is applicable. In the case of partially skimmed milk cheese, there shall, in addition, be marked on the cheese itself, and also on the packages or containers, in clear and legible characters, the words “Made from Partially Skimmed Milk”;
(iii) where the cheese has been graded by an officer in accordance with these Regulations at 92 points and over, the Commonwealth Standardization Trade Mark, No. 34,531, indicated in regulation 42 of these Regulations. Such Mark shall be contained within two concentric circles, the diameter of the outer circle being 2¾ inches and that of the inner circle being 2½ inches, and shall be applied to the crates by an officer in such manner as the Secretary decides;
(iv) the date of manufacture (except in instances where cheese manufactured on more than one date is packed in the same crate, when the words “Mixed Dates” shall be shown) ;
(v) the number of the crate; and
(vi) the number of the vat.
Additional description for margarine.
20. In the case of margarine, the trade description shall include the word “Margarine” conspicuously and indelibly impressed in block letters at least three-quarters of an inch square in a prominent position on the top, bottom and sides of the outer covering, and shall also include the date of manufacture of the margarine.
Additional description for dried milk products.
21. In the case of dried milk food products, the trade description shall include—
(i) a conspicuously-displayed statement of the minimum percentage of butter-fat contained; and
(ii) the words “Dried Milk Product”.
Additional description for dried skimmed milk.
22. In the case of dried skimmed milk, the trade description shall include the words “Machine Skimmed”.
Additional description for egg pulp.
23. In the case of egg pulp, the trade description shall indicate whether the pulp is that of whole eggs, white of eggs or yolk of eggs.
Additional description for eggs in shell.
24. In the case of eggs in shell, the trade description shall be applied to both ends of the case and shall include a mark or marks indicating the date of packing and each egg shall he legibly branded in a reasonably permanent manner with the word “Australia” in sans-serif capital letters of not less than two millimetres in height.
Goods below standard not to be shipped.
25. The exportation of any prescribed goods which do not comply with the standards prescribed therefor in the First Schedule is prohibited :
Provided that this regulation shall not apply to—
(a) condensed milk containing not less than 7.8 per cent. of butter-fat (but which otherwise complies in all respects with the standard prescribed) and exported for consumption in any part of South Africa or in China, Japan, Philippine Islands, Straits Settlements, or other parts adjacent thereto except the Federated Malay States, but to the east of the 90th meridian of east longitude;
(b) butter containing not less than 80 per cent. of butter-fat (but which otherwise complies in all respects with the standard prescribed) and exported for consumption in any country in which the butter-fat standard for butter is below 80 per cent.; and
(c) goods intended for Eastern destinations for the exportation of which the approval of the Secretary has first been obtained.
Trade description applies as at time of examination.
26. The trade descriptions and official marks of quality applied to goods shall have relation to the condition of the goods as at the time of examination at an appointed place in pursuance of these Regulations.
Trade descriptions and official marks not to be interfered with.
27. No trade description or official stamp or mark appearing on any prescribed goods intended for export, and which have been inspected under these Regulations by an officer, shall be removed, altered, or interfered with, except by the authority of an officer and in accordance with these Regulations.
Preparation of export goods under supervision.
28.—(1.) Upon the application of an exporter, any prescribed goods may be prepared for export under the special supervision of an officer.
(2.) In such cases, the exporter may attach or affix to the goods, or to the coverings containing the goods, a label setting out that the goods have been so prepared, and the supervising officer may then sign or stamp his name upon the label.
(3.) In respect of the services of an officer engaged in supervising the preparation of goods for export under this regulation, the exporter shall pay to the Collector of Public Moneys for the Department of Markets or the Collector of Customs a sum calculated at the rate of Four shillings and sixpence per hour or part of an hour, and, in addition, in any case where the Department of Markets in supplying the services of the officer incurs expense in excess of the amount so payable, the exporter shall, if the Minister so requires, pay a sum equal to the amount of the excess.
Part IV.—Inspection.
Secretary may appoint places for inspection of exports.
29.— (1.) The Secretary may, by writing under his hand, appoint any place to be a place where any prescribed goods intended for export may be inspected and examined.
(2.) In exercising his powers under this regulation, the Secretary may limit the appointment of any place to the inspection and examination of any particular goods or class of goods, or may attach to the appointment any other condition or restriction.
Examinations at appointed places.
30.— (1.) All prescribed goods intended for export, shall be sent to an appointed place in sufficient time before shipment to enable an officer to inspect and examine them.
(2.) In the case of goods being butter (other than milled butter), cheese, egg pulp and eggs in shell, intended for export, the goods shall, subject to the proviso to the next succeeding sub-regulation, be sent to an appointed place and submitted for examination at least three clear working days before shipment.
(3.) In the case of milled butter intended for export, the butter shall be sent to an appointed place and submitted for examination at least seven clear working days before shipment:
Provided that the Secretary may, in exceptional cases, permit the examination and inspection of butter (other than tinned butter), if it is sent to an appointed place and submitted for examination not less than two days before shipment.
Examination at places other than appointed places.
31. The Secretary may, in exceptional cases, permit the inspection and examination of goods to be made at places other than appointed places.
Notices of intention to export necessary.
32. Every person who intends to export any prescribed goods shall give written notice, after the goods have been delivered to an appointed place, in accordance with Form 1, 2 or 3 in the Second Schedule, as the case requires—
(a) in the case of butter (other than milled butter), cheese, egg pulp and eggs in shell at least three clear working days;
(b) in the case of milled butter, at least seven clear working days; and
(c) in the case of all other goods, at least one clear working day,
before the proposed date of shipment.
Exporter to forward certain declarations with notice of intention to export.
33. A declaration by the exporter in accordance with that included in Form 1, 2 or 3, as the case requires, shall accompany the notice of intention to export any prescribed goods.
Export permits.
34. An export permit in accordance with Form 4 in the Second Schedule shall be issued by a Dairy Officer to the exporter in all cases in which the provisions of these Regulations have been complied with and such export permit shall be delivered by the exporter to an Officer of Customs at the export ship when the goods are brought to the wharf for shipment.
Certain goods to be placed in cool store.
35. Upon the completion of the inspection and examination of any of the following goods in accordance with these Regulations, the goods shall be placed in a cool store at an appointed place within such times and kept at such temperatures as are specified hereunder:—
| Name of Goods. | Time within which Goods must be placed In a Cool Store. | Temperature. |
| Butter (other than tinned butter) | 12 hours | Not exceeding 20 degrees Fah. |
| Cheese (other than tinned cheese) | 12 hours | Not exceeding 50 degrees Fah. nor below 33 degrees Fah. |
| Egg Pulp.................................................... | 4 hours | Not exceeding 16 degrees Fah. |
| Eggs in shell.............................................. | 24 hours | Not exceeding 40 degrees Fah., nor below 32 degrees Fah. |
Approval to withdraw goods from cool store necessary.
36. Where the goods enumerated in the last preceding regulation have been placed in a cool store in accordance with the conditions specified, they shall not be removed therefrom without the authority of an officer:
Provided that, in the case of butter, no authority shall be given for its removal from the cool store for exportation unless the temperature of such butter at time of removal is 20 degrees Fahrenheit or under.
Approved vehicles for conveyance of butter to ship.
37.—(1.) All butter (other than tinned butter) intended for export, removed from a cool store at an appointed place to a ship’s side by any mode of conveyance other than insulated railway trucks, shall be conveyed in vehicles which are so constructed as to prevent any contamination of the butter or any increase in the temperature of the butter during transit.
(2.) The vehicles shall be maintained in a clean and sanitary condition.
(3.) Before any vehicles are used for the purposes of this regulation, the approval of the Secretary as to the design, construction and equipment of the vehicles shall be obtained.
Breakdown in cool store machinery to be reported.
38. If the refrigerating machinery in any appointed place becomes wholly or partly inoperative from any cause, and the temperature of the place thereby rises beyond the prescribed temperature, notice of the fact shall immediately be given by the proprietor or occupier to the Dairy Officer in Charge.
Goods may be re-examined and permits cancelled.
39. If an officer has reasonable cause to believe that the condition, quality, grade or class of any goods examined under those Regulations has changed since the examination, he may re-examine the goods and, if necessary, cancel the certificate and permit already given, the Kangaroo brand, the grade mark and the approved stamp applied to the goods, and proceed to deal with the certification, grade marking and stamping of the goods as if they had not been previously examined.
Export goods may be withdrawn for Australian consumption.
40.—(1.) The Secretary may allow any prescribed goods which have been examined by an officer for export to be removed from the appointed place for consumption within the Commonwealth.
(2.) Any markings applied by an officer in pursuance of these Regulations shall be cancelled in the manner approved by the Secretary before the goods arc removed from the appointed place.
Part V.—Classification, Certification and Marking.
“Approved for Export” stamp—design and use.
41.—(1.) The approved stamp, which may be altered by the Minister from time to time by notice in the Gazette, shall be in accordance with the following design :—
(2.) The approved stamp shall only be applied to goods by an officer and as authorized by these Regulations, and all goods bearing or having applied to them an unauthorized impression of the approved stamp or any impression of a stamp so nearly resembling the approved stamp as to be likely to deceive shall be deemed to have applied to them a false trade description.
Standardization trade mark— design and use.
42.—(1.) The design of the Commonwealth Standardization Trade Mark No. 34,531 is as under:—
(2.) The Mark shall only be applied to butter and cheese by an officer in accordance with regulations 18 and 19 of these Regulations, and all butter and cheese bearing or having applied to them an unauthorized impression of the Mark or any impression thereof so nearly resembling such Mark as to be likely to deceive shall be deemed to have applied to them a false trade description.
Butter grade standards.
43. Butter submitted for export shall be graded in accordance with the following standards:—
Choicest grade—Pure creamery but manufactured from pasteurized cream and graded at 92 to 100 points inclusive.
First grade—Pure creamery butter manufactured from pasteurized cream and graded at 89 to 91 points inclusive.
Second grade—Pure creamery butter graded at 86 to 88 points inclusive.
Pastry—Pure butter which is not rancid and which, in the opinion of the officer grading the butter, is fit for export and which is graded at 80 to 85 points inclusive.
Butter not to be graded unless four days old.
44. Butter which is less than four days old shall not be graded except with the approval of an officer authorized for that purpose.
Cheese grade standards.
45. Cheese submitted for export shall be graded in accordance with the following standards :—
Choicest grade—Pure cheese graded at 92 to 100 points inclusive.
First grade—Pure cheese graded at 89 to 91 points inclusive.
Second grade—Pure cheese graded at 86 to 88 points inclusive.
Third grade—Pure cheese graded at 80 to 85 points inclusive.
Theme not to be graded unless three weeks old.
46. Cheese which is less than three weeks old shall not be graded except with the approval of an officer authorized for that purpose.
Butter or cheese which is unfit or export.
47. An officer shall not grade any butter or cheese which, in his opinion, is unfit for export.
Grading butter and cheese.
48.— (1.) In grading butter and cheese, the officer shall take into consideration the flavour and aroma, texture and condition thereof.
(2.) The points to be awarded in respect of each of the undermentioned qualities of butter and cheese shall not exceed the following:—
Flavour and aroma, 50 points.
Texture, including body, grain and moisture, 30 points.
Condition, including colour, salting, packing and covering, 20 points.
Temperature at which butter may be graded.
49. Butter shall be examined only when its temperature is not higher than 70 degrees Fahrenheit, and is not lower than 40 degrees Fahrenheit.
Grade marking of goods.
50. Where any prescribed goods have been inspected examined and graded for export in accordance with these Regulations and a request has been made by the exporter in accordance with Form 5 in the Second Schedule, the officer shall mark such goods with the official grade mark denoting the grade thereof.
Certificates shall be issued for approved exports.
51.—(1.) An officer may, after inspecting and examining any of the prescribed goods intended for export, and if satisfied that such goods comply with the requirements of these Regulations, issue a certificate in such one of the forms numbered 6 to 15 (inclusive) in the Second Schedule as is applicable to the case, and shall impress on the coverings or labels of the goods the number of the certificate.
(2.) A copy of every such certificate may be given to the manufacturer of the goods, another to the exporter of the goods, and another shall be retained by the Department of Markets or dealt with as the Minister directs.
Marking of goods with approved stamp.
52. An officer shall, after examining and grading any butter, cheese or eggs in shell, and, if satisfied that such goods comply with the requirements of these Regulations, mark the coverings or labels of the goods with the “ Approved for Export ” stamp as shown in regulation 41 of these Regulations:
Provided that this regulation shall not apply in the case of butter and cheese to which the Commonwealth Standardization Trade Mark specified in regulation 42 of these Regulations has been applied.
Part VI.—Registration of Brands.
Register of brands to be kept.
53. A register of brands used by owners for any of the prescribed goods, which are intended for export, shall be kept by the Secretary.
Application form.
54. An application by the owner of a brand for the registration of the brand shall be in accordance with Form 16 in the Second Schedule and shall be accompanied by seven copies of the brand.
Trade mark registration necessary.
55. A brand shall not be registered unless it is registered as a trade mark under the laws of the Commonwealth relating to trade marks.
Registration number.
56. A separate registration number shall be allotted to each registered brand, and the number so allotted may be applied to goods in conjunction with the brand.
Transfer of marks to be reported.
57. Where a registered brand is transferred, the transferee shall notify the Secretary of the transfer.
Deregistration of brand on cancellation trade mark.
58. Where a registered brand ceases to be registered as a trade mark, its registration as a brand under these Regulations shall cease.
Part VII.—Export Establishments,
Registration of export establishment
59.— (1.) Every person who is the owner or occupier of any premises wherein butter or cheese is prepared or manufactured for export shall, within twenty-eight days after the commencement of these Regulations or after he becomes the owner or occupier of any such premises, apply for the registration of the premises as an export establishment in respect of butter or cheese, as the case may be.
Provided that where any such premises are registered in accordance with the law in any State the provisions of this sub-regulation shall not apply until such premises cease to be so registered.
(2.) The Secretary may, in his discretion, register any such premises as an export establishment in respect of butter or cheese, as the case may be.
(3.) An export establishment shall be constructed and equipped to the satisfaction of the Secretary and operated in such a way as to enable the preparation or manufacture of any prescribed goods to be carried out in an efficient and hygienic manner.
(4.) Application for the registration of an export establishment shall be in accordance with Form 17 in the Second Schedule.
(5.) A certificate in accordance with Form 18 in the Second Schedule, signed by the Secretary, or any officer authorized in that behalf by the Secretary, shall be evidence of the registration of an export establishment.
(6.) The registration of an export establishment shall, subject to this regulation, remain in force until the thirtieth day of June next following the date of the issue of the certificate.
(7.) Notwithstanding the last preceding sub-regulation, the Secretary may at any time cancel the registration of an export establishment.
(8.) Within twenty-eight days of the expiration of the registration, the occupier or owner shall, if he intends to continue to use the premises for the preparation and manufacture of butter or cheese for export, apply for the registration of those premises as an export establishment.
Officers may enter establishments &c.
60. Any officer may enter any export establishment at any time, open any packages, take samples and do all things necessary to enable him to ascertain whether the requirements of these Regulations are being complied with.
Part VIII.—Miscellaneous.
Analysts.
61. The Minister may appoint any qualified person to be an analyst for the purpose of the Acts and these Regulations in relation to the export of any of the prescribed goods.
Customs analysts.
62. All Customs Analysts shall without further appointment be analysts for the purposes of the Acts and these Regulations.
Certificates analysts.
63. Every certificate of the result of an analysis signed by an analyst shall be prima facie evidence of the facts therein stated.
Tips for Certificates.
64. A copy of a certificate of analysis relating to any prescribed goods intended for export may be supplied by the Secretary 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 of a fee 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 of a fee of Ten shillings and sixpence:
Provided that, in the case of butter analysed for a specific purpose, such as determining the moisture contents, or ascertaining whether the butter is free from preservative substances, a certificate of such analysis may be supplied upon payment of a fee of Three shillings.
Inspection
65.—(1.) There shall be paid to the Collector of Public Moneys of Department of Markets in the States of Victoria, New South Wales and Queensland, and the Collector of Customs in the States of South Australia, Western Australia and Tasmania, in respect of butter and cheese submitted for export, the inspection fees specified hereunder, namely:—
Butter, per box........................................................................... ½d.
Cheese, per crate containing 160 lb. or under............................ ½d.
If the net weight of cheese contained in a single crate is in excess of 160 lb. by not more than 6 lb., no fee shall be charged for the excess in weight. If the excess is more than 6 lb., an additional fee of ½d. shall be charged.
Cheese, in tins or other packages, per package, containing 48 lb. net or under of cheese.......................................................... ½d.
If the net weight of cheese contained in a single package is in excess of 48 lb. by not more than 8 lb., no fee shall be charged for the excess in weight. If the excess is more than 8 lb., an additional fee of ½d. shall be charged.
(2.) No butter or cheese shall be permitted to be removed for home consumption or for export from any appointed place nor shall a export permit be issued therefor, until the inspection fees in respect of those goods have been paid.
Overtime.
66.— (1.) Where any prescribed goods are submitted for export before or after official hours or on any Sunday or holiday, for the convenience of any exporter, the rate to be charged for the services of an officer for the purpose of inspecting such goods shall be Four shillings and sixpence per hour or part thereof.
(2.) The charge shall be calculated from the hour at’ which the officer is required to attend, and shall include charges at the same rates in respect of time reasonably occupied in proceeding from the officer’s ordinary station to the appointed place where attendance is required and returning therefrom.
(3.) Where an officer is required to proceed on duty away from his ordinary station, the rate of charge to be made in respect of his services shall be fixed by the Minister.
(4.) The money received for overtime shall be held by the Department of Markets and payment shall be made, at the rates provided by law, to the officers who have earned the overtime.
Penalties.
67. Any person who is guilty of any contravention of any of these ; Regulations shall be liable, upon conviction, to a penalty not exceeding Fifty pounds.
FIRST SCHEDULE.
STANDARDS.
Butter.
Butter shall contain butter fat to the extent of not less than 82 parts per cent., and shall contain the following :—
Water to the extent of not more than 16 parts per cent.;
Casein to the extent of not more than 2 parts per cent.;
Salt to the extent of not more than 2.5 parts per cent.; and
such colouring matter deemed by the Minister to be harmless; it shall not contain any other ingredient foreign to milk; and it shall not be of a lower Reichert-Wollny value than 24.
Butter grading 92 points and over shall have been manufactured from pasteurized cream.
Cheese.
Cheese shall not contain any foreign matter other than rennet or salt or such colouring matter deemed by the Minister to be harmless, and shall comply with the following conditions:—
(1) Australian Cream Cheese shall contain not less than 50 parts per cent. butter fat and not more than 30 parts per cent. water.
(2) Australian Whole Milk Cheddar Cheese shall contain not less than 30 parts per cent. butter fat, and not more than 40 parts per cent. water.
(3) Australian Partially Skimmed Milk Cheese shall contain not less than 20 parts per cent. butter fat, and not more than 45 parts per cent. water.
(4) Australian Processed Cheese shall contain not less than 30 parts per cent. butter fat, and not more than 40 parts per cent. water.
(5) Australian Soft Cheese shall contain not less than 27 parts per cent. butter fat, and not more than 45 parts per cent. water:
Provided that, if 50 parts per cent. of the water free substance comprises butter fat, no mis-description shall be deemed to have occurred.
Cocoa and Milk Preparation, etc.
Cocoa and Milk Preparation and Coffee and Milk Preparations shall contain no preservative substance and no condensed milk other than condensed milk that conforms to the standard for condensed milk prescribed in this Schedule.
Concentrated Milk.
Concentrated Milk shall be pasteurized milk which is concentrated by any process whatsoever, and not subsequently sterilized; it shall contain not less than 9 parts per cent. of butter fat and 24 parts per cent. of milk solids not fat, and no foreign substance.
Condensed Milk.
Condensed Milk shall be milk which is condensed or concentrated by any process whatsoever, with or without the addition of cane sugar; when containing cane sugar, it shall also contain not less than 31 parts per cent. of total milk solids, and not less than 9 parts per cent. of butter fat; or, when cane sugar is not added, the milk shall contain not les3 than 28 parts per cent. of total milk solids, and not less than 8 parts per cent. of butter fat. In addition the milk must be completely soluble in water, free from any form of germ life capable of causing injurious fermentation therein, and from all nodules or partly coagulated lumps of milk. No preservative substance shall be added.
Condensed Skimmed Milk shall be milk from which butter fat has been wholly or partially removed; it shall contain—
(a) no fat other than butter fat;
(b)not less than 20.5 parts per cent. of milk solids;
(c) no preservative substance.
Cream—Pasteurized and Sterilized.
Pasteurized Cream shall contain not less than 35 parts per cent. of milk fat. It shall not contain any foreign substance.
Sterilized Cream shall be cream sterilized by heat and subsequently protected from contamination; it shall contain not less than 25 parts per cent. of milk fat; it shall not contain any foreign substance.
Dried Milk and Dried Milk Products.
No preservative substance shall be added to any of the Dried Milk and Dried Milk Products mentioned hereunder :—
Dried Butter Milk shall be butter milk dried from any process of heating, and shall contain no matter harmful to human health, and not more than 7 parts per cent. of water.
Dried Casein shall be casein prepared and dried by any process whatsoever, and shall contain not more than 12 parts per cent. of water.
First Schedule—continued.
Dried Full Cream Milk shall be milk from which the water has been removed by a process of heating, without the addition of any extraneous matter, and shall contain not less than 20 parts per cent. of butter fat and not less than 95 parts per cent. of milk solids.
Dried Three-quarter Cream Milk shall be milk from which the water has been removed by a process of heating, without the addition of any extraneous matter, and shall contain not less than 20 parts per cent. of butter fat and not less than 95 parts per cent. of milk solids.
Dried Half Cream Milk shall be milk from which the water has been removed by a process of heating, without the addition of an extraneous matter, and shall contain not less than 14 parts per cent. of butter fat and not less than 95 parts per cent. of milk solids.
Dried Quarter Cream Milk shall be milk from which the water has been removed by a process of heating, without the addition of any extraneous matter, and shall contain not less than 8 parts per cent. of butter fat and not less than 95 parts per cent. of milk solids.
Dried Skimmed Milk shall be dried machine skimmed milk which contains less than 8 parts per cent. of butter fat, not more than 7 parts per cent. of water, and no matter foreign to milk.
Dried Milk Food Products shall be the products of dried milk, with the addition of matter natural to or extraneous to milk, but containing nothing harmful to human health.
Malted Milk Powder shall contain not less than 7.5 parts per cent. of butter fat and not more than 5 parts per cent. of moisture.
Egg Pulp.
Egg Pulp shall be prepared from fresh eggs only, and shall contain—
In the case of liquid whole eggs, not more than 74 per cent. moisture;
In the case of white of egg, not more than 86 per cent. moisture;
In the case of egg yolk, not more than 51 per cent. moisture.
It shall not contain any foreign substances or shell.
Eggs in Shell.
Eggs in Shell shall be clean and fresh, not misshapen and not less than one and three-quarter ounces each in weight, provided that the weight of ten dozen eggs shall not be less than thirteen and one-quarter pounds. The shell shall not be broken.
Margarine.
Margarine shall contain—
No oil or other matter not necessary for the manufacture of margarine or which causes the colour of the finished product to resemble butter.
No fat obtained from diseased stock, or refined in other than steam-jacketted kettles or pots;
Not more than 10 parts per cent. of butter fat;
Not more than 16 parts per cent. of water;
No added colouring matter;
No substance deemed by the Minister to be harmful to health.
Milk—Pasteurized and Sterilized.
Pasteurized or Sterilized Milk shall be the milk of cows, whether mixed or not; it shall contain no added preservative substance and not less than 3 parts per cent. of butter fat, nor less than 8.5 parts per cent. solids not butter fat.
Milk Sugar.
Milk Sugar shall contain no sugar other than that extracted from milk, not more than 7 per cent. of water, no preservative substance and no injurious substance foreign to milk.