PROVISIONAL 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, hereby certify that the following Regulations under the Commerce (Trade Descriptions) Act 1905 should, on account of urgency, be immediately made, to come into operation on the first day of October, One thousand nine hundred and six, except as to Part II., and to come into operation as to Part II. on the first day of January, One thousand nine hundred and seven, and make the said Regulations to come into operation accordingly.
Dated this 20th day of July, One thousand nine hundred and six.
NORTHCOTE,
Governor-General.
By His Excellency’s Command.
WILLIAM JOHN LYNE.
PART I.—INTRODUCTORY.
These regulations may be cited as the Commerce Regulations 1906.
These regulations are divided into parts, as follows:—
Part I.—Introductory.
Part II.—Trade Descriptions of Imports.
Part III.—Trade Descriptions of Exports.
Part IV.—Examination of Exports.
Part V.—Classification and Certification on request.
Part VI.—Miscellaneous.
In these regulations, unless the contrary intention clearly appears—
“Appointed place” means a place appointed by the Minister, by notice in the Gazette, as a place where goods for export may be inspected and examined.
“Approved stamp” means a stamp approved by the Minister.
“Coverings” includes the principal coverings in which goods are to be sold either wholesale or retail.
“Butter fat” means the fat of cows’ milk.
“Creamery butter” means butter made from centrifugally-separated cream.
“Disease,” in relation to fruit, plants, seeds, maize, onions, or potatoes, means any abnormal condition of or in such goods,
whether consisting of the presence of or caused by or due to the operations, development, growth or decay of any insect or fungus, and also includes the condition known as “Bitter Pit.”
“Disease,” in relation to meat, includes pleuro-pneumonia, tuberculosis, anthrax, swine fever, trichinosis, cancer, and any disease in stock declared by the Governor-General by proclamation to be included in this definition; and also includes any defect or inferiority in the condition of the meat which renders it unfit for human food.
“Meat” means meat intended for human consumption, whether fresh or preserved.
“Manures” includes all articles for use as fertilizers of the soil, except farm-yard or stable manures, and crude materials, for the manufacture of manures.
“Pasteurized,” in relation to liquids, means subjected to heat in such a manner as to destroy fully-developed micro-organisms, but not necessarily the spores thereof.
“Preservative” means boric acid, salicylic acid, sulphurous acid, formic aldehyde, and any preparation of any of those substances used as a preservative agent, and any substances declared by proclamation to be a preservative.
“Registered brand” means a brand registered in the Department of Trade and Customs, in pursuance of these regulations.
“Sound” and “Soundness” have relation to freedom from disease.
These regulations shall not apply to goods brought to Australia or shipped in Australia as ships’ stores.
PART II.—TRADE DESCRIPTIONS OF IMPORTS.
5. (1) The importation of the goods enumerated in this regulation is prohibited unless there is applied to the goods a trade description in accordance with this Part.
(2) The goods to which this regulation applies are as follows:—
(a) Articles used for food or drink by man, or used in the manufacture or preparation of articles used for food or drink by man;
(b) Medicines or medicinal preparations for internal or external use;
(c) Manures;
(d) Apparel (including boots and shoes), and the materials from which such apparel is manufactured;
(e) Jewellery;
(f) Agricultural Seeds; and Plants.
6. (1) The trade description to be applied in accordance with this Part shall comply with the following provisions:—
(a) It shall be in the form of a label or brand affixed in a prominent position to the goods, or to the coverings containing the goods; and
(b) The label or brand shall set out in legible characters a true description of the goods, and the name of the country or place in which the goods were made or produced; and
(c) In cases where any weight or quantity is set out, the label or brand shall specify whether the weight or quantity so set out is gross or net.
(2) In the case of the following goods, the trade description shall, in addition, comply with the following provisions:—
(a) In the case of medicines prepared ready for use, and containing 10 per cent. or more of ethyl alcohol, if the average dose recommended exceeds one teaspoonful (60 minims), the trade description shall set out the proportion or quantity of alcohol in the medicine.
(b) In the case of medicines prepared ready for use, and containing any of the following drugs (or the salts or derivatives thereof), viz.:—Opium, morphine, cocaine, heroin, stramonium, nux vomica, cannabis indica, bromides, sulphonal, trional, veronal, paraldehyde, or any synthetic hypnotic substance, phenazonum, phenacetinum, or acetanilidum, or any allied synthetic substance, chloral hydrate, belladonna, cotton root, ergot, or any abortifacient, the trade description shall set out the names of all such drugs so contained.
(c) In the case of manures, the trade description shall set forth the principal active constituent thereof.
(d) In the case of articles, of apparel, the trade description shall state the nature of the principal material from which the article is made; and the term “wool,” or any term implying that the material is all wool shall not be applied to any such material unless it contains at least 90 per cent. of pure wool. If the material contains wool, but less than 90 per cent. of pure wool, the description shall also state the other substances contained in the material.
(e) In the case of articles of apparel manufactured from materials containing wool, but not containing as much as 90 per cent. of wool, the trade description shall set out the substances contained in the materials.
(f) In the case of boots and shoes, the trade description shall set out the principal material from which they are made, and unless the soles are solid leather, without admixture or addition, the description shall state the fact, and nature of the admixture or addition.
(g) In the case of leather containing any loading of any mineral or other weighting substance, the trade description shall state the name of the loading or other weighting substance contained in the leather, and the percentage thereof.
(h) In the case of articles described as gold, the description shall state the carat number indicating the proportion of pure gold in the article.
(i) In the case of agricultural seeds, the description shall state the name of the seeds and their condition as to soundness, cleanness, and freshness.
(j) In the case of plants, the description shall state the names of the plants and their condition as to freedom from or affection by any disease or pest.
(k) In the case of milk, the description shall describe the milk as Condensed Milk, Concentrated Milk, Dried Milk, or Condensed Skimmed Milk, as the case requires.
(3) This regulation shall not apply to small packets of seeds sent by post or to seeds imported otherwise than as merchandise.
PART III.—TRADE DESCRIPTIONS OF EXPORTS.
7. (1) The export of the goods enumerated in this regulation shall be prohibited unless there is applied to the goods a trade description in Accordance with this Part.
(2) The goods to which this regulation applies are—
Butter.
Canned Meat.
Cheese.
Condensed or Concentrated Milk.
Condensed Skimmed Milk.
Dried Milk.
Fruit.
Hares.
Honey.
Jam.
Leather.
Maize.
Meat (other than rabbits and hares).
Meat Extract or Meat Essence.
Plants.
Potatoes.
Preserved Fruit.
Rabbits.
Seeds.
8. (1) The trade description to be applied in accordance with this Part shall comply with the following provisions:—
(a) It shall be in the form of a label or brand attached or affixed in a prominent position to the goods, or to the coverings containing the goods; and
(b) The label or brand shall set out in legible characters a true description of the goods, the word Australia, and the name of the State in which the goods were made or produced; and
(c) The label or brand shall specify the net weight or quantity of the goods, except in the case of carcases of meat: Provided that in the case of tinned goods, if the net contents fall short of any number of pounds by less than half a pound, the weight may be described as “under” that number of pounds.
(d) The label or brand shall include either the name of the manufacturer or exporter or his registered brand.
(2) In the case of butter (not packed in tins) the trade description shall specify whether the butter is Pure Creamery Butter, Pastry Butter, or Milled Butter, as the case requires, and shall be indelibly impressed on the outer covering.
(3) In the case of the following goods, the trade description shall, in addition, unless the goods have been classified or certified by an officer, and marked by him with an approved stamp, comply with the following provisions:—
(a) In the case of butter (however packed), the trade description shall set out the name and percentage of any preservative contained in the butter, together with the percentages of casein, water, and colouring matter.
(b) In the case of cheese, the trade description shall set out the quantity of rennet and the quantity and nature of the colouring matter (if any), together with the percentage of any preservative or foreign matter contained in the cheese.
(c) In the case of Meat, Canned Meat, and Meat Extract or Meat Essence, the trade description shall specify its condition as to soundness and suitability for human consumption.
(d) In the case of Fruit and Potatoes, the trade description shall specify their condition as to soundness.
(e) In the case of Leather containing any loading of any mineral or other weighting substance, the trade description shall state the name of the loading or other weighting substance contained in the leather, and the percentage thereof.
(f) In the cases of Maize, Seeds, and Plants, the trade description shall specify their condition as to soundness, cleanness, and freshness.
(4) The trade description specified in paragraphs (a) and (b) of sub-section (3) of this regulation, in the case of butter and cheese, may, instead of being contained in the label or brand, be set out in a certificate signed by the exporter, and delivered to the examining officer at the appointed place, to which the butter and cheese are sent for inspection and examination.
The export of all goods of the kind specified in the First Schedule which do not comply with the standards therein set out is prohibited, unless the trade description applied to the goods either contains the words “Below standard” or states fully the matters in which, and the extent to which, the goods do not comply with the standards.
The trade description applied to goods in pursuance of this Part shall have relation to the condition of the goods as at the time of shipment.
Where the goods have been inspected by an officer, and a certificate has been issued by him in accordance with these regulations, the goods may be marked with an approved stamp applied to the outer covering or to a label or tag securely fastened to the goods.
In the case of any goods mentioned in these regulations exported for consumption in China, Japan, Philippine Islands, and adjacent islands, Singapore, the Straits Settlements, or other parts adjacent thereto, but to the east of India, it shall suffice if the trade description is applied to the outer coverings only.
These regulations shall not apply to unfrozen butter exported as ordinary cargo to any of the South Sea Islands.
PART IV.—INSPECTION OF EXPORTS.
Where by the law of any State any goods are required to be inspected and approved by a State Authority before export, and the Minister is satisfied that such inspection and approval are as efficient as inspection and marking under these regulations, the Minister may direct that such inspection and approval shall be accepted in lieu of examination and marking under these regulations.
The Minister may by a notice in the Gazette appoint places where any goods mentioned in these regulations intended for export may be inspected and examined by an officer.
16. (1) All butter (other than tinned butter) intended for export shall be sent to the appointed place at least three days before shipment.
(2) Goods (other than butter) specified in these regulations intended for export shall be sent to the appointed place in sufficient time before shipment to enable an officer to inspect and examine them.
(3) The Comptroller-General may permit the inspection and examination of goods, to be made in places other than appointed places.
The exporter shall give to the officer any information desired by him as to the date of churning of any butter, or the date of killing any meat, submitted to him for inspection.
Every person who intends to export any butter (other than tinned butter) shall give written notice to the Customs in Form 1 in the Second Schedule, at least three clear working days before the proposed date of shipment.
For all other goods mentioned in these regulations one clear working day’s notice in Form 2 in the Second Schedule shall be sufficient.
Notwithstanding anything contained in these regulations, the notice to the Customs of intention to export any goods mentioned in these regulations may be for any stated period, and shall state the estimated quantity of such goods to be exported within that period. The notice under this regulation shall be in Form 3 or 4 in the Second Schedule, as the case requires.
A declaration by the exporter shall accompany the notice of intention to export condensed milk, concentrated milk, dried milk, leather, maize, seeds, plants, fruit, or potatoes, stating—
(a) In the case of condensed milk, concentrated milk, or dried milk—the extent to which it conforms to or differs from the standard in the First Schedule;
(b) In the case of leather—the extent to which it contains any loading of any mineral or other weighting substance, and if it contains any such substance, the name of such substance, and the percentage thereof;
(c) In the case of maize, seeds, or plants, their condition as to soundness, cleanness, and freshness; and
(d) In the case of fruit or potatoes, their condition as to soundness.
PART V.—CLASSIFICATION AND CERTIFICATION ON REQUEST.
The intending exporter may, when giving notice of intention to export, give written notice to the Customs in Form 5, in the Second Schedule, that he requests the Customs to classify, certify, and mark the goods with an approved stamp, in accordance with these regulations; and where such request has been made, the following provisions of this Part shall apply.
The officer shall classify butter as follows:—
First Class, Superfine.—Pure creamery butter, containing not more than 14 per cent. of water, and classified at 94 points or over.
First Class.—Pure creamery butter, classified at 86 to 93 points,
Second Class.—Pure butter, classified at 75 to 85 points.
Third Class.—Pure butter, classified at less than 75 points.
The officer shall classify cheese as follows:—
First Class, Superfine.—Pure cheese, classified at 94 points or over.
First Class.—Pure cheese, classified at 86 to 93 points.
Second Class.—Pure cheese, classified at 75 to 85 points.
Third Class.—Pure cheese, classified at less than 75 points.
The officer shall not classify any impure butter or cheese.
In classifying butter and cheese, the officer shall take into consideration the flavour and aroma, texture, and condition of the butter; and the maximum points to be awarded in respect of those matters shall be as follows:—
Flavour and aroma, 50 points.
Texture, including body, grain, and moisture, 30 points.
Condition, including colour, salting, packing and covering, 20 points.
Butter shall only be examined when its temperature is not higher than 70 degrees Fahrenheit, and is not lower than 40 degrees Fahrenheit.
The officer shall classify hares and rabbits, as follows:—
Hares.
First Class.—Hares, each weighing 7 lbs. or over.
Second Class.—Hares, each weighing under 7 lbs. and not less than 6 lbs.
Hares not in prime condition, shall not be classified.
Rabbits.
First Class.—Rabbits in prime condition.
Second Class.—Rabbits in good condition, but not in prime condition.
Skinned Rabbits.—Skinned rabbits in prime or good condition.
29. (1) The officer, after inspecting and examining any goods for export mentioned in these regulations, may issue a certificate in such one of the forms 6, 7, 8, 9, 9a, 9b, 9c, 10, 10a, 10b, 10c, 11, 11a, or 11b in the Second Schedule as is appropriate to the case.
(2) Where goods are classified, the certificates for the different classes shall be coloured differently.
(3) The officer shall mark the outer coverings of any goods in respect of which a certificate has been issued by him with an approved stamp, or impress the approved stamp to a tag or label, and securely fasten it to the goods.
(4) Every certificate issued by an officer shall be in triplicate, and one part shall be given to the exporter, one to the manufacturer of the goods (if any), and the other or others retained by the Customs or dealt with as the Minister directs.
When butter or meat has been inspected and marked in accordance with these regulations, it shall be placed in a cool store at an approved place, at a temperature not exceeding 30 degrees Farenheit in the case of butter (except in the case of butter intended for consumption in South Africa, when the temperature may be not more than 40 degrees Fahrenheit) and 20 degrees Fahrenheit in the case of meat, within twelve hours after such examination and marking, and shall not be removed therefrom without the authority of an officer.
If the refrigerating machinery in any appointed place is rendered inoperative from any cause, and the temperature of the place thereby rises beyond the prescribed temperature, notice shall immediately be given to the examining officer, who may, if necessary, make a fresh examination of the butter or meat, cancel the certificate already given and the approved stamp applied to the goods, and issue a new certificate and apply another approved stamp to the goods.
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 to be consumed within the Commonwealth.
If an officer have reasonable cause to think that the condition, quality, or class of any goods examined and certified to under these regulations has changed since the examination from the condition, quality, or class mentioned in the certificate, he may re-examine the goods, and, if necessary, cancel the certificate already given, and the approved stamp applied to the goods, issue a fresh certificate, and apply another approved stamp to the goods.
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 an approved stamp or any impression of a stamp so nearly resembling an approved stamp as to be likely to deceive shall be deemed to have applied to them a false trade description.
PART VI.—MISCELLANEOUS.
35. (1) The Minister may appoint any qualified persons to be analysts under the Commerce (Trade Descriptions) Act 1905.
(2) All Customs Analysts shall be deemed to be analysts under that Act.
Any sample taken by an officer, and submitted for analysis, shall be delivered to an analyst, who shall analyze it, and give a certificate of the result of the analysis to the Collector of Customs for the State.
Every certificate of the result of an analysis shall be primâ facie evidence of the facts therein stated.
A copy of any certificate of analysis of butter or cheese given under these regulations may be furnished by the Collector of Customs of the State in which the analyzed butter or cheese was made, to the manufacturer thereof, upon payment of One shilling.
A register of brands used by owners for any goods, specified in these regulations, intended for export, shall be kept by the Comptroller-General.
Applications for registration of brands shall be made by the owners in Form 12 in the Schedule, which shall be accompanied by seven copies of each brand which it is desired shall be registered.
No brand shall be registered by the Comptroller-General unless it is registered as a trade mark under a Commonwealth or State Act.
A separate registration number shall be allotted to each owner of at registered brand, and the number so allotted may be applied to goods in conjunction with the brand.
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.
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.
FIRST SCHEDULE.
STANDARDS.
“Butter”: butter which contains only—
No fat other than butter fat;
Not more than 16 per cent. of water, 3 per cent. of casein, 0.5 per cent. of boric acid, 4 per cent. of salt;
Not less than 82 per cent. of butter fat;
Any colouring matter deemed harmless by the Minister.
“Cheese”: cheese which does not contain any foreign matter other than rennet, salt, or colouring matter deemed harmless by the Minister.
“Concentrated Milk”: pasteurized milk which is concentrated by any process whatever, and not subsequently sterilized, and which contains not less than 9 per cent. of butter fat and 24 per cent. of milk solids not fat, and no foreign substance other than 0.5 per cent. of boric acid.
“Condensed Milk”: milk which is condensed or concentrated by any process whatever, with or without the addition of cane sugar, and which, when containing such sugar, also contains not less than 9 per cent. of butter fat, and 24 per cent. of milk solids not fat, and when not containing such sugar, contains not less than 8.5 per cent. of butter fat and 22.5 per cent. of milk solids not fat.
“Dried Milk”: milk from which the water has been removed by a process of heating, without the addition of any extraneous matter, and which, when dissolved in or treated with water, according to any directions supplied by the maker or vendor thereof, produces milk as defined in these regulations.
“Honey”: the ripened, unfermented honey of bees, which does not contain any foreign matter.
“Meat Extract” or “Meat Essence”: the extract or essence of meat which has been obtained by cooking the flesh of animals, but not the internal organs thereof (except the heart and liver), and which contains no extraneous matter other than common salt.
“Milk”: the milk of cows, whether mixed or not, and containing not less than 3 per cent. of butter fat, nor less than 8.5 per cent. of solids not butter fat.
SECOND SCHEDULE.
FORM 1.
Notice of Intention to Export Butter.
19 .
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, if necessary, marked by an officer, and frozen prior to shipment.
The butter will arrive at such place on , 19 .
I (or we) do hereby certify that the, butter as set out hereunder is........................† and is butter according to the prescribed standard.
* State here the appointed place where it is desired goods shall be examined.
Form 3.
General Notice of Intention to Export 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 Butter between the months of and , inclusive, in the quantities and manner as set out hereunder.
The Butter will be sent to the above-mentioned appointed place, for the purpose of being examined and, if necessary, marked by an officer, and frozen prior to shipment.
I (or we) do hereby certify that the butter as set out hereunder will be † according to the prescribed standard.
* State here the appointed place where it is desired goods shall be examined.
———
Form 5.
Request to Classify, Certify, and Mark Goods with an Approved Stamp.
I (or we) request that the goods referred to in the accompanying notice of intention to export may be classified,* certified, and marked with an approved stamp in accordance with the Commerce Regulations 1906.
Exporter.
*The word “classified” is to be struck out in the case of goods other than butter, cheese, hares, and rabbits.
——
Form 6.
Department of Trade and Customs, Australia.
Certificate as to Suitability of Meat for Export.
This is to certify that , branded as under , and shipped per s. s. to , on 19 , has been examined and found to be sound and suitable for human consumption, and that no injurious ingredient has been used in its preparation.
Exporter . Meat . Brand . No.
Dated at , in the State of , the day of 19 .
Examining Officer.
——
Form 7.
Department of Trade and Customs, Australia.
Certificate as to Suitability of Fruit for Export.
This is to certify that branded , and shipped per s. s. , to , on , 19 , have been examined and found, upon examination of packages selected at random, to be free from disease.
Dated at in the State of , the day of , 19 .
Examining Officer
For definition of disease see back hereof
Form 8.
Department of Trade and Customs, Australia.
Certificate as to Condition of
entered for Export.
This is to certify that , branded and shipped per to on 19 , have been examined and found to be in the condition mentioned hereunder.
(Here set out conditions, such as “Free from loading” or “Sound, clean, and fresh,” as the case requires)
Dated at , in the State of , the day of , 19 .
Examining Officer.
(This form to be used for Leather, Seeds, Plants, Maize, and Potatoes.)
——
Form 9.
Department of Trade and Customs, Australia.
Butter Class Certificate.
first class superfine (94-100 points).
This is to certify that boxes or casks of butter, branded , and shipped per s. s. , to , on 19 have been examined and awarded points as follows:—
This is to certify that eases of cheese, branded and shipped per s. s. to on 19 have been examined, and awarded points as follows:—
This form shall be printed on blue paper.
Form 10b.
Department of Trade and Customs, Australia.
Cheese Class Certificate.
second class (75-85 points).
This is to certify that cases of cheese branded and shipped per s.s. to on , 19 have been examined, and awarded points as follows:—
(This form shall be printed on orange paper.)
——
Form 10c.
Department of Trade and Customs, Australia.
Cheese Class Certificate.
third class (under 75 points).
This is to certify that cases of cheese, branded , and shipped per s. s. to , 19 , have been examined, and awarded points as follows:—
(This form shall be printed on orange paper.)
——
Form 11.
Department of Trade and Customs, Australia.
Rabbits or Hares Class Certificate.
first class.
This is to certify that crates of , branded , and shipped per s. s. to on , 19 , have been examined, and classified as follows:—
Class. Weight.
Dated at , in the State of this day of 19 .
Examining Officer.
(This form shall be printed on pink paper.)
——
Form 11a.
Department of Trade and Customs, Australia.
Rabbits or Hares Class Certificate.
second class.
(Then same wording as in Form 11).
(This form shall be printed on blue paper.)
——
Form 11b.
Department of Trade and Customs, Australia
Rabbits Class Certificate.
Skinned Rabbits.
(Then same wording as in Form 11.)
(This form shall be printed on green paper.)
Form 12.
Application for the Registration of a Brand.
19 .
To the Collector of Customs,
Port of
State of
Sir,
I hereby make application for the registration, under the Commerce Regulations 1906, of the brand (or brands) of which (or each of which) seven copies are forwarded herewith. The brand (or brands) have been registered as trade mark in the Trade Marks Office of the Commonwealth (or States of ).
Description of Brand.
Name and Address of Owner.
Name of article to which brand is to be applied.
The Comptroller-General.
Submitted.
Collector of Customs, Applicant.
/ /19 .
Registration approved.
Comptroller-General, Date 19 .
/ /19 .
Brand registered, 19 .
By Authority: J. Kemp, Acting Government Printer, Melbourne.