REGULATIONS UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905.
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, to come into operation forthwith.
Dated this thirtieth day of November, 1921.
FORSTER,
Governor-General.
By His Excellency’s Command,
W. MASSY GREENE,
Minister of State for Trade and Customs.
_____
COMMERCE (EXPORT DAIRY PRODUCE) REGULATIONS 1921.
Part I.—Introductory.
Short Title.
These Regulations may be cited as the Commerce (Export Dairy Produce) Regulations 1921.
Parts.
These Regulations are divided into Parts, as follow:—
Part I.—Introductory.
Part II.—Trade Descriptions.
Part III.—Inspection.
Part IV.—Classification, Certification, and Marking.
Part V.—Registration of Brands.
Part VI.—Miscellaneous.
Definitions.
In these Regulations, unless the contrary intention appears—
“Appointed place” means a place appointed by the Comptroller-General, by writing under his hand, to be a place where any goods enumerated in these Regulations and 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.
“Creamery butter” means butter, other than pastry butter or milled butter, made from centrifugally separated cream.
“Coverings” means all the principal coverings in which goods are contained, and in which goods are usually sold wholesale or retail.
“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.
“Margarine” means any fatty substance, whether compound or otherwise, prepared in imitation of butter, and whether mixed with butter or not.
“Milled butter” means any pure butter, creamery or dairy, which has been re-worked or milled after leaving the place where it was originally manufactured.
“Pasteurized,” in relation to liquids, means subjected to heat in such a manner as to destroy fully developed microorganisms, but not necessarily the spores thereof.
“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 putrefactive germ life.
“Pastry butter” means butter which is not fit for ordinary table use, and which does not grade less than 78 points.
“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 with the Department of Trade and Customs in pursuance of these Regulations.
“State” includes any territory under the authority of the Commonwealth to which the Act applies.
“The Act” means the Commerce (Trade Descriptions) Act 1905.
Ships’ Stores.
These Regulations shall not apply to ships’ stores brought to or shipped in Australia:
Provided that with regard to butter supplied to a ship in Australia the quantity that may be regarded for the purposes of these Regulations as ships’ stores shall not exceed twenty-five 56-lb. boxes, or their equivalent.
Part II.—Trade Descriptions of Exports.
Prohibition of Certain Exports.
The exportation of the goods enumerated in the next succeeding regulation is prohibited unless there is applied to those goods a trade description in accordance with this Part.
Goods to which a Trade Description must be applied.
(1) The goods to which the last preceding regulation applies are as follow:—
Butter.
Cheese.
Cocoa and Milk Preparations.
Coffee and Milk Preparations.
Cream—Pasteurized or Sterilized.
Dried Milk Products.
Ghee.
Margarine.
Milk—
Concentrated.
Condensed.
Condensed Skimmed.
Dried.
Pasteurized or Sterilized.
Milk Sugar.
(2) If any goods referred to in the last preceding sub-regulation 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 can be proved to the satisfaction of the Comptroller-General that the goods are not the produce or manufacture of Australia.
Trade Description—General Requirements.
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 include any one, and may include all, of the following particulars, namely:—
(1) The name of the manufacturer or producer or exporter;
(2) The registered brand of the manufacturer or producer or exporter;
Provided, that in any case, where the manufacturer is not the exporter, the trade description shall include the manufacturer's name or registered brand unless the exporter sets forth in the notice of intention to export the name and address of the manufacturer; and
(d) The label or brand shall specify the net weight or quantity of the goods:
Provided that in the case of cheese a variation between the marked and the actual weights respectively to the extent, as regards crates marked as containing 160 lbs. net, of four pounds, and as regards marked weights greater or less than 160 lbs., in like proportions, shall not be deemed to be a false trade description in respect of weight.
Trade Description—Additional Requirements in Certain Cases.
In the case of the following goods the trade descriptions shall, in addition, comply with the following provisions:—
(a) In the case of butter the trade description as prescribed in the last preceding regulation shall be indelibly impressed on the outer covering, in the case of milled butter, in red colour, and, in the case of butter other than milled butter, in some dark colour other than red. The true description shall specify whether the butter is Pure Creamery Butter,
* Note.—The trade description may include the name of the State in which the goods were made or produced.
Pastry Butter, or Milled Butter, as the case may be, and, in the case of pasteurized butter, the word “Pasteurized” shall be applied to the boxes containing the butter, in letters not less than three-quarters of an inch in depth and half an inch in breadth. In the case of unsalted butter, the word “Unsalted” shall in addition be applied to the branded ends of the boxes in letters not less than 1 inch in depth and three-quarters of an inch in breadth.
(b) In the case of butter (other than milled butter so described, and butter in pats or tins) which has been repacked by any person other than the manufacturer thereof under a brand other than that of such manufacturer, the trade description shall include the word "Repacked" indelibly impressed in block letters, each not less than 1 inch square.
(c) In the case of butter (other than milled butter, so described, and butter in tins) there shall also be stamped or marked, in the left-hand top corner of that end or side of each outer covering bearing the trade description, a mark or marks, approved by the Comptroller-General, indicating the date and number of the churning.
(d) In the case of milled butter there shall be stamped or marked, in the left-hand top corner of that end or side of each outer covering bearing the trade description, a mark or marks, approved by the Comptroller-General, indicating the date of milling.
(e) In the case of butter (other than tinned butter), unless 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 at least ¼ lb. for each 56 lbs. of marked weight, and proportionately for marked weights greater or less than 56 lbs., the trade description shall include the words “Bare Weight” applied in block letters at least three-quarters of an inch square.
(f) In the case of pastry butter the trade description shall include the words “not fit for ordinary table use” fire-branded in prominent characters.
(g) In the case of cheese the trade description shall include, in prominent and legible characters, 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” must be shown) the letter “C” or “W,” as the case may be, to denote whether the cheese is coloured or white, and the number of the crate and the number of the vat.
(h) In the case of margarine the word “Margarine” shall be 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.
(i) In the case of dried milk food products, the trade description shall include a conspicuously displayed statement of the minimum percentage of butter fat contained, or shall state the proportion of dried whole milk contained in the product. The trade description shall also include the words “Dried Milk Product.”
Goods of Inferior, Unsound or Abnormal Condition or below Standard.
The exportation of all goods of the classes enumerated in regulation 6 which are in an inferior, unsound, or abnormal condition, or which do not comply with the standards prescribed therefor in the First Schedule, is prohibited, unless the trade description applied to the goods includes in bold and legible characters the words “Inferior,” “Unsound,” or “Below Standard,” as the case requires, and in addition, in the case of goods which do not comply with the standards applicable thereto, unless the trade descriptions state fully the matters in which, and the extent to which, the goods do not comply with those standards:
Provided that this regulation shall not apply to Condensed Milk containing not less than 7.8 per cent. of butter fat (but otherwise normal) and exported for consumption in any part of China, Japan, Philippine Islands or other parts adjacent thereto, except Singapore and the Straits Settlements, to the east of the 90th meridian of East longitude.
10. In the case of articles enumerated in regulation 6, used as food by man or in the preparation of articles of food used by man, and containing any deleterious substance, the trade description shall include a statement setting forth that the articles contain the deleterious substance.
Condition as at Time of Shipment.
The trade descriptions applied to goods in pursuance of this Part shall have relation to the condition of the goods as at the time of shipment.
Interference with Trade Descriptions.
12. No trade description or official stamp or mark appearing on any goods of the classes enumerated in regulation 6, 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 under Supervision.
(1) Upon the application of an exporter, any goods enumerated in these Regulations 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 a sum calculated at the rate of Two shillings and sixpence per hour or part of an hour, and, in addition, in any case where the amount so payable is exceeded by the expenses incurred by the Department of Trade and Customs in supplying the services of the officer, the Minister may require to be paid and if the Minister so requires, the exporter shall pay a sum equal to the amount of the excess.
Part III.—Inspection.
Appointment of Places for Inspection.
(1) The Comptroller-General may, by writing under his hand, appoint any place to be a place where any goods enumerated in these Regulations, which are intended for export, may be inspected and examined.
(2) In exercising his powers under this regulation the Comptroller-General 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 specified condition or restriction.
Examination of Goods.
(1) All butter (other than milled butter) and cheese intended for export shall be sent to an appointed place and submitted for examination at least three clear working days before shipment, and all milled butter intended for export shall be sent to an appointed place and submitted for examination at least seven clear working days before shipment.
(2) All other goods specified in these Regulations, and intended for export, shall be sent to an appointed place in sufficient time before shipment to enable an officer to inspect and examine them.
(3) The Comptroller-General may, in exceptional cases, permit the inspection and examination of goods to be made in places other than appointed places, or, in the case of butter (other than tinned butter), where the same is sent to an appointed place and submitted for examination, less than three days, but not less than two days, before shipment.
Exporter to give Notice.
Every person who intends to export any goods enumerated in these Regulations shall give written notice to the Customs in accordance with Form 12 or 14 in the Second Schedule, as the case requires, in the case of butter (other than milled butter) at least three clear working days, in the case of milled butter at least seven clear working days, and in the case of other goods at least one clear working day, before the proposed date of shipment.
(1) Notwithstanding anything contained in these Regulations, the notice to the Customs of intention to export any goods mentioned in these Regulations may be in accordance with Form 13 or 15 in the Second Schedule, as the case requires, for any stated period not exceeding twelve calendar months, and shall, in such case, state the estimated quantity of the goods to be exported within that period.
(2) When despatching butter or cheese to an appointed place, the manufacturer or owner shall send an advice note to the Officer in Charge, Commonwealth Dairy Branch, in the State concerned, in accordance with Form No. 29.
Declaration Required from Exporters.
A declaration by the exporter shall accompany the notice of intention to export goods mentioned or referred to in this regulation stating—
(a) In the case of goods enumerated in the First Schedule, the extent to which the goods conform to or differ from the standards set forth therein.
(b) In the case of goods enumerated in regulation 6 and in respect of which conditions of preparation or manufacture, or as to purity, soundness, and freedom from disease have been, or may be, prescribed in any regulations made under the Customs Act 1901-1920, whether or not such goods have been prepared in conformity with those conditions.
(c) In the case of dried milk prepared by the addition of milk sugar or other sugars, that the goods contain not less than a specified percentage of milk fat.
Export Permits.
(1) An export permit in accordance with Form 16 in the Second Schedule shall be issued by the examining officer to the exporter in all cases in which the provisions of these Regulations have been complied with.
(2) The permit shall be delivered by the exporter to the officer at the export ship at the time at which the goods are brought to the wharf for shipment.
Cool Stores.
When butter or cheese (except tinned butter or tinned cheese) has been inspected and examined in accordance with these Regulations, it shall, within twelve hours after inspection and examination, be placed in a cool store, at an appointed place, at the following temperatures:—
Butter—not exceeding 20 degrees Fahrenheit;
Cheese—not exceeding 50 degrees nor below 33 degrees Fahrenheit;
and shall not be removed therefrom without the authority of an officer.
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 examining officer.
Re-examination of Goods.
If an officer has reasonable cause to think that the condition, quality, grade, or class of any goods examined under these Regulations has changed since the examination, he may re-examine the goods, and, if necessary, cancel the certificate and permit already given, and the grade mark and 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.
Withdrawal of Goods from Export for Consumption within Commonwealth.
The Comptroller-General may allow any goods mentioned in these Regulations which have been examined by an officer for export to be removed from the appointed place for consumption within the Commonwealth.
Part IV.—Classification, Certification, and Marking.
Approved Stamp.
(1) Until altered by the Minister by notice in the Gazette, the approved stamp shall be in accordance with the following design:—
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(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.
Grading and Marking of Butter and Cheese.
All butter and cheese submitted for grading for export shall be graded in accordance with the standards set out in regulations 26 and 27.
Butter Grade Standards.
The grading of butter shall be carried out according to the following standards:—
Choicest:—Pure creamery butter graded at 92 to 100 points inclusive.
1st Grade:—Pure creamery butter graded at 90 or 91 points.
2nd Grade:—Pure butter graded at 86 to 89 points inclusive.
3rd Grade:—Pure butter graded at 82 to 85 points inclusive.
Pastry Butter:—Pure butter which is not rancid, and which, in the opinion of the Inspector, is fit for export and which grades not less than 78 points.
Cheese Grade Standards.
The grading of cheese shall be carried out according to the following standards:—
Choicest:—Pure cheese graded at 92 to 100 points inclusive.
1st Grade:-Pure cheese graded at 90 or 91 points.
2nd Grade:—Pure cheese graded at 86 to 89 points inclusive.
3rd Grade:—Pure cheese graded at 82 to 85 points inclusive.
(1) An officer shall not grade any impure butter or cheese.
(2) No cheese less than three weeks old shall be graded except with the approval of an officer authorized by the Comptroller-General for that purpose.
In grading Butter and Cheese, the officer shall take into consideration the flavour and aroma, texture, and condition of the goods; and the maximum points to be awarded in respect of those qualities shall be as follow:—
Flavour and aroma, 50 points.
Texture, including body, grain, and moisture, 30 points.
Condition, including colour, salting, packing, and covering, 20 points.
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 Butter and Cheese.
The officer shall apply to all butter and cheese submitted for grade marking for export, the official grade mark denoting the grade.
Certificates.
(1) The officer, after inspecting and examining any goods for export enumerated in these Regulations, may issue a certificate in such one of the forms in the Second Schedule as is applicable to the case, and may impress the number of the certificate on the coverings and labels of the goods in conjunction with the approved stamp.
(2) A copy of each certificate issued by an officer may be given to the exporter, one to the manufacturer, (if any) of the goods, and one retained by the Customs or dealt with as the Minister directs.
Marking of Other Goods.
(1) An intending exporter of any goods enumerated in these Regulations may, when giving notice of intention to export the goods, request the Customs in writing, in accordance with Form 17 in the Second Schedule, to mark the goods with the approved stamp, and thereupon the goods may be marked accordingly.
(2) The officer may decline to issue Certificates or to put the approved stamp on any goods that do not comply with the standards set out in the First Schedule or which are of inferior quality and not suitable for export.
Part V.—Registration of Brands.
A register of brands used by owners for any goods enumerated in these Regulations, which are intended for export, shall be kept by the Comptroller-General.
An application for the registration of a brand shall be in accordance with Form 28 in the Second Schedule, and may be made by the owner of the brand, and shall be accompanied by seven copies of the brand.
No brand shall be registered unless it is registered as a trade mark under a Commonwealth or State Act.
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.
(1) If a trade mark which is registered as a brand is transferred, notice of the transfer shall be given by the transferee to the Comptroller-General.
(2) If a trade mark which is registered as a brand ceases to be registered as a trade mark, its registration as a brand under these Regulations shall cease.
C.18018/20.—2
Part VI.-Miscellaneous.
Analysts.
(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.
Every certificate of the result of an analysis shall be primâ facie evidence of the facts therein stated.
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 sixpence.
Penalties.
Any person committing a breach of these Regulations for which no other penalty is provided shall be liable to a penalty of Twenty pounds.
Fees.
(1) There shall be paid to the Collector in respect of goods enumerated in this regulation which are submitted for export, the fees specified hereunder, namely:—
Butter, per box.....................................................1d.
Cheese, per crate, containing 160 lbs. or under ..............................1d.
If the net weight of cheese contained in a single crate is in excess of 160 lbs. by not more than 6 lbs., no fee shall be charged for the excess in weight. If the excess is more than 6 lbs., an additional fee of 1d. shall be charged.
When four cheeses are contained in one crate the fee shall be 2d. per crate.
When cheeses of varying dates are packed in the same crate, the fee shall be 2d. per crate.
Cheese, in tins, per package, containing 48 lbs. net or under of cheese........1d.
If the net weight of cheese contained in a single package is in excess of 48 lbs. by not more than 8 lbs., no fee shall be charged for the excess in weight. If the excess is more than 8 lbs., an additional fee of 1d. shall be charged.
Margarine, per box ..................................................1d.
Milk—Concentrated or Condensed; Cocoa and Milk preparations; Coffee and Milk preparations; and Cream, per package, containing 48 lbs. net or under ½d.
If the net weight of a single package is in excess of 48 lbs. by not more than 8 lbs., no fee shall be charged for the excess in weight. If the excess is more than 8 lbs., an additional fee of ½d. shall be charged.
Milk—Dried and Dried Milk Products, per package, containing 56 lbs. or under.... ½d.
If the net weight of a single package is in excess of 56 lbs. by not more than 10 lbs., no fee shall be charged for the excess in weight. If the excess is more than 10 lbs., an additional fee of ½d. shall be charged.
and, in addition, where the amount of fees payable is exceeded by the expenses incurred by the Department of Trade and Customs in supplying the services of the officer at any appointed place for the purpose of inspecting for export goods of the classes enumerated in this regulation, the Minister may require to be paid and if the Minister so requires, the exporter shall pay a sum equal to the amount of excess.
(2) No goods mentioned in the last preceding sub-regulation shall be permitted to be removed for home consumption from any appointed place, nor shall an export permit be issued therefor, until the fees in respect of those goods have been paid.
Repeal.
The Commerce Regulations 1913 (Statutory Rules 1913, No. 347, as amended by Statutory Rules 1915, No. 224, by Statutory Rules 1916, Nos. 103, 195, and 292, by Statutory Rules 1917, Nos. 15, 47, 113, 184, 286, and 295, by Statutory Rules 1918, Nos. 106, 217, 283, and 292, by Statutory Rules 1919, Nos. 11, 88, and 283, and by Statutory Rules 1920, No. 141), in so far as they relate to the goods specified in regulation 6 of these Regulations, are hereby repealed.
NOTE RE PROHIBITED EXPORTS.
In addition to the above Regulations governing the export of goods from the Commonwealth, proclamations have been issued under the Customs Act 1901-1920 prohibiting the export of the following:—
1. Butter which does not conform to the standard set out in the First Schedule of these Regulations. Vide “Commonwealth Gazette,” No. 2, of 11th January, 1913.
2. Butter, Cheese, Cream, Concentrated Milk, Condensed Milk, Condensed Skimmed Milk or Dried Milk if deemed by an Inspector, appointed under the Commerce Act 1905 to examine such goods intended for export, to be unfit for export. Vide “Commonwealth Gazette,” No. 83, of 6th June, 1918.
Butter, unless—
(a) it has first been graded by an Officer of Customs in accordance with specified provisions, and
(b) it (or any container thereof) be free from grade marks or indications of quality other than those affixed by the manufacturer at time of manufacture or by an Officer of Customs.
Vide Commonwealth Gazette, No. 77, of 6th October, 1921.
Cheese unless it has first been graded by an officer of Customs in accordance with specified provisions and unless the cheese packed in each container is of uniform grade. Vide “Commonwealth Gazette,” No. 42, of 20th May, 1920.
Cheese containing Margarine or other foreign fatty substances. Vide “Commonwealth Gazette,” No. 49, of 1st May, 1919.
Margarine containing any oil or other matter not necessary to the manufacture of margarine, and which causes the colour of the finished product to resemble butter, and also margarine containing fat obtained from diseased stock, or containing fat refined in other than open steam-jacketted kettles or pots. Vide “Commonwealth Gazette,” No. 195, of 15th November, 1917.
FIRST SCHEDULE.
STANDARDS.
Butter.
Butter shall contain butter fat to the extent of not less than 82 parts per cent., and may contain the following:—
Water to the extent of not more than 16 parts per cent.;
Casein to the extent of not more than 3 parts per cent.;
Boric acid to the extent of not more than 0.5 parts per cent.;
Salt to the extent of not more than 4 parts per cent.; and
such colouring as in the opinion of the Minister is harmless; it shall not contain any ingredient foreign to milk; and it shall not be of a lower Reichert-Wollny value than 24.
Cheese.
Cheese shall not contain any foreign matter other than rennet or salt or such colouring matter as in the opinion of the Minister is harmless, and shall contain not less than 30 parts per cent. of butter fat:
Provided that in cases where the percentage of fat falls below 30 parts per cent. no misdescription will be deemed to have occurred if 50 parts per cent. of the total solid matter of the cheese is shown to be butter fat.
Provided further that in the case of tinned cheese, sulphites in a proportion not exceeding 4 grains per lb. or alternatively, boric acid in a proportion not exceeding 0.5 parts per cent., may be added, conditionally on the cheese being graded by an officer immediately prior to tinning and being found to grade not less than 90 points, and on the sulphites being added in the form of a watery solution. When tinned the cheese must be submitted for re-examination by an officer so as to ensure a minimum standard of 90 points per cent.
Cocoa and Milk Preparations, Etc.
Cocoa and Milk Preparations and Coffee and Milk Preparations shall contain 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 whatsover, 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 other than 0.5 parts per cent. of boric acid.
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 such 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 less 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.
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 24.5 parts per cent. of milk solids.
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.
Sterilised 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.
Dried Butter Milk shall be butter milk dried from any process of heating, containing 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 containing not more than 12 parts per cent. of water.
Dried Milk or Full Cream Dried 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 25 parts per cent. of butter fat and not less than 95 parts per cent. of milk solids.
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.
Dried Skimmed Milk (or dried separated milk) shall be dried milk which contains less than 12.5 parts per cent. of butter fat, not more than 7 parts per cent. of water, and no matter foreign to milk.
Half Cream Dried Milk shall be milk from which the water has been removed by a process of heating, without the addition of any extraneous matter, containing not less than 12.5 parts per cent. of butter fat and not less than 95 parts per cent. of milk solids.
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.
Margarine.
Margarine shall contain—
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 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, and shall contain not more than 7 per cent. of water and no injurious substance foreign to milk.
To the Examining Officer at....................................†
Port of
State of
Notice is hereby given that I (or we) intend to export butter as set out hereunder.
The butter will be sent to the above-mentioned appointed place, for the purpose of being examined and marked by an officer, and frozen prior to shipment.
The butter will arrive at such place on.............................., 19.......
I do hereby certify that I am (the agent duly authorized by........................‡) the owner of the butter set out hereunder, and that the said butter is §..........................., and that it conforms to the prescribed standard.
To the Examining Officer at..............................*
Port of..............................
State of..............................
Notice is hereby given that I (or we) intend to export Butter between the months of...........................and..........................., inclusive, in the quantities and manner set out hereunder.
The Butter will be sent to the above-mentioned appointed place for the purpose of being examined and marked by an officer, and frozen prior to shipment.
I do hereby certify that I am (the agent duly authorized by...............)† the owner of the butter set out hereunder, and that the said butter will be ‡............................., and that it will conform to the prescribed standard.
To the Examining Officer at.................................*
Port of.................................
State of.................................
Notice is hereby given that I (or we) intend to export goods as set out hereunder.
The goods will be sent to the above-mentioned appointed place for the purpose of being examined by an officer, and will arrive there about...............{a.m./p.m.}............
..............................19.......
.................................Exporter.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><tbody><tr style="height:1pt"><td rowspan="2" style="width:13.64%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:2pt; vertical-align:middle"><p style="text-indent:0pt; text-align:center"><span style="font-family:'Times New Roman', serif">Goods.</span></p></td><td rowspan="2" style="width:12.42%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-indent:0pt; text-align:center"><span style="font-family:'Times New Roman', serif">Brands.</span></p></td><td colspan="2" style="border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center"><span style="font-family:'Times New Roman', serif">If in Packages.</span></p></td><td rowspan="2" style="width:13.48%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-indent:0pt; text-align:center"><span style="font-family:'Times New Roman', serif">If</span><span style="font-family:'Times New Roman', serif; font-style:italic"> </span><span style="font-family:'Times New Roman', serif">not in Packages.</span></p><p style="text-indent:0pt; text-align:center"><span style="font-family:'Times New Roman', serif">____</span></p><p style="text-indent:0pt; text-align:center"><span style="font-family:'Times New Roman', serif">Number.</span></p></td><td rowspan="2" style="width:18.64%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-indent:0pt; text-align:center"><span style="font-family:'Times New Roman', serif">Export Ship and Destination.</span></p></td><td rowspan="2" style="width:8.56%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:2pt; padding-left:1.62pt; vertical-align:middle"><p style="text-indent:0pt; text-align:center"><span style="font-family:'Times New Roman', serif">Date of Sailing.</span></p></td></tr><tr style="height:1pt"><td style="width:11.36%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-indent:0pt; text-align:center"><span style="font-family:'Times New Roman', serif">No. of Packages.</span></p></td><td style="width:21.9%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-indent:0pt; text-align:center"><span style="font-family:'Times New Roman', serif">Size, Weight, or Measure and Number of Contents.</span></p></td></tr><tr style="height:38.85pt"><td style="width:13.64%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:2pt; vertical-align:top"><p><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:12.42%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:11.36%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:21.9%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:13.48%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:18.64%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:8.56%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:2pt; padding-left:1.62pt; vertical-align:top"><p><span style="font-family:'Times New Roman', serif"></span></p></td></tr></tbody></table>
I declare that I am (the agent duly authorized by.....................)† the owner of the above-mentioned goods, and that the said goods are ‡.................................
....................................Exporter.
Image unavailable in extracted textDeclared before me this...............day of...............19......
Officer of Customs
................................. or
Justice of the Peace.
(This part to be filled in by the Officer.)
Goods examined, marked, and forwarded for shipment.
* State here the appointed place where it is desired goods shall be examined.
† Strike out the words which do not apply.
‡ Insert declaration required by Regulation 18.
(This form to be printed on light-blue paper.)
Form 15.
Commonwealth of Australia.
_____
The Commerce (Trade Descriptions) Act 1905.
______
General Notice of Intention to Export Goods other than Butter during a stated period.
.................................................
...................................19
To the Examining Officer at..........................................*
Port of..............................
State of..............................
Notice is hereby given that I (or we) intend to export goods between the months of...........................and...........................inclusive in the quantities and manner set out hereunder.
The goods will be sent to the above-mentioned appointed place for the purpose of being examined by an officer.
....................................Exporter.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><tbody><tr style="height:1pt"><td rowspan="2" style="width:10.66%; border-top:0.75pt solid #000000; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="text-align:center"><span style="font-family:'Times New Roman', serif"></span></p></td><td rowspan="2" style="width:14.44%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:2pt; vertical-align:middle"><p><span style="font-family:'Times New Roman', serif">Goods.</span></p></td><td rowspan="2" style="width:15.96%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-indent:0pt; text-align:center"><span style="font-family:'Times New Roman', serif">† Brands.</span></p></td><td colspan="2" style="border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-align:center"><span style="font-family:'Times New Roman', serif">If in Packages.</span></p></td><td rowspan="2" style="width:16.74%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:2pt; padding-left:1.62pt; vertical-align:middle"><p style="text-indent:0pt; text-align:center"><span style="font-family:'Times New Roman', serif">If not in Packages.</span></p><p style="text-indent:0pt; text-align:center"><span style="font-family:'Times New Roman', serif">_____</span></p><p style="text-indent:0pt; text-align:center"><span style="font-family:'Times New Roman', serif">Number (estimated).</span></p></td><td rowspan="2" style="width:16.7%; border-top:0.75pt solid #000000; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="text-indent:0pt; text-align:center"><span style="font-family:'Times New Roman', serif"></span></p></td></tr><tr style="height:1pt"><td style="width:11.74%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-indent:0pt; text-align:center"><span style="font-family:'Times New Roman', serif">†No. of Packages (estimated)</span></p></td><td style="width:13.76%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="text-indent:0pt; text-align:center"><span style="font-family:'Times New Roman', serif">Size, Weight, or Measure and Number of Contents.</span></p></td></tr><tr style="height:35.25pt"><td style="width:10.66%; border-bottom:0.75pt solid #000000; padding-right:2pt; padding-left:2pt; vertical-align:top"><p><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:14.44%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:2pt; vertical-align:top"><p><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:15.96%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:11.74%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:13.76%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:16.74%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:2pt; padding-left:1.62pt; vertical-align:top"><p><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:16.7%; border-bottom:0.75pt solid #000000; padding-right:2pt; padding-left:2pt; vertical-align:top"><p><span style="font-family:'Times New Roman', serif"></span></p></td></tr></tbody></table>
I declare that I am (the agent duly authorized by..................)‡ the owner of the above-mentioned goods, and that the said goods will be §..............................
...........................Exporter.
Image unavailable in extracted textDeclared before me this.........day of..................19......
Officer of Customs
.......................................... or
Justice of the Peace.
* State here the appointed place where it is desired goods shall be examined.
† If goods are shipped under more than one brand, the number of packages under each must be stated.
The provisions of the Commerce (Export Dairy Produce) Regulations 1921 have been duly complied with in regard to the following goods to be shipped per..................
Marks.
Exporter.
Character of Goods.
Quantity.
..............................Examining Officer.
.................................Appointed place.
Shipped the above Goods.
..................................Officer of Customs.
...................................Date 19 .
Note.—This form is to be delivered by the exporter to the Customs Officer at the export ship at the time the goods are brought for shipment, and to be returned by the Customs Officer at the ship after shipment of the goods to the officer at the above-mentioned appointed place.
(This form to be printed on white paper in size 10 inches by 8 inches.)
To the Examining Officer at*.....................................
Port of.....................................
State of....................................
I (or We) request that the goods referred to in my (or our) Notice of Intention to Export, dated....../...../......, may be—
† (a) marked with the approved stamp, or
† (b) classified, and marked with the approved stamp, or
† (c) classified, and marked with (the approved stamp and the grade mark or class mark of the goods,
in accordance with the provisions of the Commerce (Export Dairy Produce) Regulations 1921.
..............………………….
Exporter.
* State here the name of the appointed place to which the goods are to be sent.
† Strike out the words which do not apply. Request (a) is applicable to goods other than Butter and Cheese.
(This form to be printed on white paper.)
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Form 18.
Commonwealth of Australia.
Certificate No....................
____
The Commerce (Trade Descriptions) Act 1905.
____
Department of Trade and Customs.
Certificate as to Condition of*...............................................
This is to certify that..................of*....................., branded..............................and shipped per s.s...............................to...........................on..........................19..., have been examined and found to be in the condition mentioned hereunder.
Dated at.......................................................in the State of...................................the...........................day of..............................19....
*Insert name of goods as enumerated in Regulation 6.
† Here set out condition such as “Free from adulteration”.
(This form to be printed on green paper.)
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Form 19.
Commonwealth of Australia.
Certificate No...............
_____
The Commerce (Trade Descriptions) Act 1905.
Department of Trade and Customs.
Butter Grade Certificate.
Choicest (92-100 points).
This is to certify that..................of Butter, branded....................................and shipped per s.s.........................to........................on.................................19.......have been examined and awarded points as follow:—
Dated at.............................................in the State of................................................the.......................day of..............................19.......
This is to certify that..................of Butter, branded....................................and shipped per s.s.........................to........................on.................................19......, have been examined and awarded points as follow:—
Dated at.....................................................in the State of.........................................the.......................day of..............................19.......
This is to certify that...........................of butter, branded.................................and shipped per s.s...............................to.....................on..............................19......, have been examined and awarded points as follow:—
Dated at...........................................................in the State of.................................the........................ day of....................................19.......
This is to certify that........................of Butter branded..............................and shipped per s.s..................................to...........................on..............................19......, have been examined and awarded points as follow:—
Dated at..............................................................in the State of........................the.............................. day of....................................19......
Pastry Butter (under 82 and not less than 78 points).
This is to certify that..........................of Butter, branded....................................and shipped per s.s................................to................on...............................19........ have been examined and awarded points as follow:—
Dated at..........................................................in the State of........................the................................. day of.................................19.......
This is to certify that...........................Cheese, branded..............................and shipped per s.s..................................to............................on............................... 19........., have been examined and awarded points as follow —
This is to certify that........................Cheese, branded.....................................and shipped per s.s...............................to.....................on..............................19......, have been examined and awarded points as follow:—
Dated at............................................................in the State of........................the................................ day of....................................19.......
This is to certify that...........................Cheese, branded..............................and shipped per s.s..................................to...........................on.............................. 19......, have been examined and awarded points as follow:—
Dated at..............................................................in the State of........................the..............................day of....................................19......
This is to certify that......................Cheese, branded....................................and shipped per s.s......................to....................on........................19....., have been examined and awarded points as follow:—
Dated at..............................................................in the State of..........................the............................day of....................19........
I hereby make application for the registration, under the Commerce (Export Dairy Produce) Regulations 1921, of the undermentioned brand, of which seven copies are forwarded herewith. The brand has been (or is being) registered as a trade mark in the Trade Marks Office of the Commonwealth (or States of ).
..............................................
Applicant.
Description of Brand.
Name and Address of Owner.
Goods to which Brand is to be applied, and State from which Goods are to be exported.
Quality represented by such Brand if Brand is registered under a State Act for Goods of a specified quality.
(To be filled in by Officer on production of Certificate.)
Image unavailable in extracted text Commonwealth
Certificate of Registration as Trade Mark, No..........Date................................ or
produced / / ...................................
The essential particulars of the Trade Mark are the following:—
(See Trade Marks Journal, Vol. , No. , page .)
Goods in respect of which Trade Mark is registered—*
The Comptroller-General, Brand registered, No...............
Notice is hereby given that I (or we) have forwarded this day to.............................. Cold Store, for examination in accordance with our General Notice of Intention to Export, the goods here mentioned, viz.:—
boxes Butter. crates Cheese.
.........................Exporter.
Brand.
Packages.
Churn Mark or Vat Mark.
Remarks.
___________________
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.