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, do hereby certify that on account of urgency the following Regulations under the Commerce (Trade Descriptions) Act 1905 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations except as to paragraph (fb) of Regulation 8, which shall come into operation on and from the first day of April, 1911.
Dated this 29th day of November, One thousand nine hundred and ten.
DUDLEY,
Governor-General.
By His Excellency’s Command,
FRANK G. TUDOR,
Minister of State for Trade and Customs.
REGULATIONS UNDER THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905.
PART I.—INTRODUCTORY.
Short Title.
These regulations may be cited as the Commerce Regulations 1910.
Parts.
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.—Inspection of Exports.
Part V.—Classification, Certification, Inspection, and Marking.
Part VI.—Miscellaneous.
C.14379.
Definitions.
In those 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 Part III. of these Regulations and intended for export may be inspected and examined. It may include any wharf at which such goods are exported, and any ship used for the conveyance of such goods for export.
“Butter fat” means the fat of cow’s milk.
“Carcase meat” includes any meat being portion of a carcase.
“Coverings” means all the principal coverings in which goods are contained, and in which such goods are usually sold wholesale or retail.
“Creamery butter” means butter, other than pastry butter or milled butter, made from centrifugally separated cream.
“Disease,” in relation to fruit, plants, seeds, maize, 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, in relation to fruit, includes the condition known as “Bitter Pit.”
“Disease,” in relation to meat, means 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 includes any defect, inferiority, or abnormal conditions in the meat which renders it unsightly or unfit for human food.
“Food” and “drink” include every article used as food or drink by man other than drugs and water.
“Gold-plated” and “gilt” mean coated with gold by the electric process, or by any other process which results in a covering of gold of a quality and thickness other than that defined for rolled gold or gold-cased goods.
“Leather” means leather intended for or usually employed in the manufacture of boots, shoes, and other apparel.
“Manures” includes all substances intended for or commonly used as fertilizers of the soil, except farm-yard or stable manures and crude materials for the manufacture of manures.
“Margarine” means any substance, whether compound or otherwise, prepared in imitation of butter, and whether mixed with butter or not.
“Meat” means the flesh of animals intended for human consumption, whether fresh or preserved, and includes sausage casings.
“Milled butter” means butter which is a mixture or blend of two or more butters ordinarily packed alone and under separate names or brands, and which have been mixed or blended at a place other than where manufactured and packed.
3 (continued)—
“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.
“Pastry butter” means butter which is not fit for ordinary table use.
“Plants” includes every part of any plant (except the seed) intended for planting or purposes of propagation.
“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 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.
“Rolled gold” and “gold-cased” mean material consisting of a base metal covered by mechanical means with a shell or covering of gold of such quality and thickness as will effectively protect the underlying base metal from the action of pure nitric acid.
“Sole” in relation to boots and shoes means all that part of the boot or shoe which in use is under the foot of the wearer, except only the thin slip of leather, paper, or the like, which is affixed to the upper surface of the inner sole.
“Sound” and “Soundness” have relation to freedom from disease, as defined in these Regulations, and from damage, or decay.
“State” includes any territory under the control 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.
PART II.—TRADE DESCRIPTIONS OF IMPORTS.
Conditional Prohibition of Certain Imports.
The importation of the goods enumerated in the next succeeding regulation is prohibited unless there is applied to such goods a trade description in accordance with this Part.
Imports to which a Trade Description must be applied.
The goods to “which the foregoing regulation applies are as follow:—
(a) Articles used for food or drink by man, or used in the manufacture or preparation of articles used for food or drink by man;
(b) Medicines or medicinal preparations for internal or external use;
(c) Manures;
(d) Apparel (including boots and shoes), and the materials from which apparel is manufactured;
(e) Jewellery;
(f) Agricultural Seeds; and Plants.
2 a
Trade Description—General Requirements.
7. 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 principal label or brand affixed in a prominent position and in as permanent a manner as practicable to the goods, or where affixture to the goods is impracticable, to the coverings containing the goods; and
(b) It shall contain in prominent and legible characters a true description of the goods, and the name of the country or place in which the goods were made or produced; and
(c) In cases where any weight or quantity is set out, it shall specify whether the weight or quantity so set out is gross or net.
Trade Description—Additional Requirements in Certain Cases.
In the case of the following goods, the trade description shall, in addition, comply with the following provisions:—
(a) In the case of articles used as food or drink by man, or used in the preparation of articles used as food or drink by man, and containing any deleterious or preservative substance, the trade description shall include a statement setting forth that the articles contain the deleterious or preservative substance, and in the case of preservative substances, the amount thereof per pint or pound weight of the goods.
(b) In the case of foods for infants, if the food is not suitable for general use for infants under the age of six months, the trade description shall include, in legible characters and conspicuously displayed, the following words, namely, “Not suitable for Infants under the age of Six Months.”
(c) In the case of milk, the trade description shall, describe the milk as Condensed Milk, Concentrated Milk, Dried Milk, or Condensed Skimmed Milk, as the case requires.
(d) In the case of fruit, fresh or dried, the trade description shall set out its condition as to cleanness and freedom from disease.
(e) In the case of medicines and medicinal preparations prepared ready for internal use, and containing more than 17.5 per cent, by volume of proof spirit (equivalent to 10 per cent. by volume of ethyl alcohol) the trade description shall include a statement setting out the percentage, by volume, of proof spirit contained in the goods.
(f) In the case of medicines and medicinal preparations for internal or external use, if the goods contain any of the following drugs, or the active principles, salts, compounds, derivatives, or preparations thereof, viz.:—
Bromides, iodides, chloral, chloretone, dionin, dormiol, paraldehyde, heroin, sulphonal, veronal, or any natural or synthetic hypnotic substance; or
8 (continued)—
Cantharides, cotton root, ergot, oil of pennyroyal, oil of rue, oil of savin, oil of tansy, oil of parsley, or any emmenagogue or reputed abortifacient substance; or
Any drugs of vegetable origin being or containing poisonous principles, or medicinal alkaloids, or glucosides; or
Acetanilide, exalgine, phenacetin, phenazone, or any allied analgesic or antipyretic substance; or
Any poisonous salt of arsenicum, barium, copper, lead, or mercury; or
Adrenaline or the like, bromoform, carbolic acid, chloroform, creosote, cresylic acid, hydrocyanic acid, free phosphorus, or nitroglycerin,
the trade description shall include an explicit statement to such effect, setting out, in regard to any substance specifically named in this list, such specified name of the substance, or, in the case of any substance included but not specifically named in this list, the name most commonly applied to the substance in the English language in the Pharmacopoeias of Great Britain and the United States of America, or in the British Pharmaceutical Codex or other recognised authority, and also the quantity or proportion of the drug present in the goods.
(f a) In the case of medicines and medicinal preparations for internal or external use, if the goods contain methylated spirits the trade description shall include a statement setting out in clear and prominent characters, and in the following form, the percentage of such substance contained in the goods, viz.. “This preparation contains * per cent. by volume of methylated spirit.”
†(f b) In the case of cultures and preparations of bacteria, yeasts, and similar micro-organisms, intended for medicinal purposes or for use as or in the preparation of articles of food or drink for man, the trade description shall include a statement as to the activity of the micro-organisms present, and as to freedom of the culture or preparation from disease-producing micro-organisms, and shall also include a statement as to the date up to which the culture or preparation will remain active.
(g) In the case of manures the trade description, shall be indelibly branded upon the bags or other coverings, and shall include a statement of the name and percentage of each principal
* Quantity to be stated.
† Regulation (f b) to come into operation on 1.4.11.
8 (continued)—
active constituent of the manure in terms of one or more of the following, as the case requires, viz.:—Nitrogen, Available Phosphoric Acid, and Potash (K2O).
(h) In the case of articles of apparel the trade description shall state the nature of the principal material of which the articles are made.
Where articles of apparel are manufactured of fibrous material containing not more than 10 per cent, of fibre other than the preponderating fibre, the name of the preponderating fibre (e.g., “Wool”) may be used to indicate the nature of the material. In other cases the trade description shall set out the names of the principal fibres present in the material, or, alternatively, describe the material as being made of the preponderating fibre “and Other Fibres” (e.g., “Wool and Other Fibres”).
(i) In the case of piece goods intended for or commonly used in the manufacture of articles of apparel the trade description shall specify the names of the principal fibres of which the material is composed.
Where the material does not contain more than 10 per cent. of fibre other than the preponderating fibre, the name of the preponderating fibre may be used in the trade description to indicate the nature of the material. In other cases the trade description shall set out the names of the principal fibres present in the material, or, alternatively, describe the material as being made of the preponderating fibre “and Other Fibres” (e.g., “Wool and Other Fibres”). In cases where any substance (other than ordinary dressing) has been used in the preparation or manufacture which has the effect of loading or weighting the material the word “Loaded” or “Weighted” shall also be included in the trade description.
(j) In the case of boots and shoes manufactured wholly or partly from leather or any imitation thereof, the trade description shall set out the principal material from which they are made, and, unless the soles are solid leather, without admixture or addition other than ordinary fillers of cork or of waterproofed felt, shall state the nature of the admixture or addition, and a statement of the material or materials composing the sole shall, in addition, be conspicuously, legibly, and indelibly stamped upon or impressed into the outer surface of the sole of each boot or shoe.
8 (continued)—
(k) In the case of leather containing any loading of any mineral or other weighting substance, the trade description shall include a statement setting out the name of each loading substance contained in the leather, and the percentage thereof. Provided that the following shall not be deemed to be loading substances within the meaning of this regulation:—
In the case of sole leather—glucose and sugar to the extent of not more than 3 per cent. taken together, and fats and oils to the extent of not more than 5 per cent. taken together; and
In the case of leather other than sole leather—glucose and sugar to the extent of not more than 3 per cent. taken together, and fats and oils used in the manufacture and preparation of the leather.
(l) In the case of gold jewellery the carat quality shall be conspicuously set out in the trade description applied to the goods, and shall also, where practicable, be legibly stamped or engraved upon each article.
In the case of jewellery wholly or partly covered by gold, the words “Rolled Gold,” “Gold Cased,” “Gold Plated,” or “Gilt,” as the case requires, shall be conspicuously set out in the trade description applied to the goods, and shall also, where practicable, be legibly stamped upon each article.
In the case of sliver jewellery not marked with a British hallmark, the degree of millesimal fineness (e.g., “·925 fine”) shall be conspicuously set out in the trade description applied to the goods, and the number indicating such degree of millesimal fineness shall also, where practicable, be legibly stamped or engraved upon each article.
In the case of jewellery which, not being gold or silver, nor coated with gold or silver, is coloured to represent gold or silver or gold and silver, the words “Imitation Jewellery” shall be conspicuously set out in the trade description applied to the goods, and the word “Imitation” shall also, where practicable, be legibly stamped upon each article.
(m) In the case of agricultural seeds, the trade description shall state the names of the seeds and their condition as to soundness, cleanness, and newness.*
(n) In the case of plants, the trade description shall state the names of the plants and their condition as to freedom from or affection by any disease or pest.
These regulations shall not apply to small packets of seeds received by post or to seeds imported otherwise than as merchandise.
* Note.—Trade descriptions as to soundness, cleanness, and newness are to be interpreted as follows:—“Sound”—as indicating freedom from disease (as defined in Regulation 3), and from damage or decay. “Clean”—as indicating freedom from seeds other than those named in the trade description, and from other foreign substances such as chaff, stalks, soil, &c.
“New”—as indicating that the seed has been gathered during the immediately preceding harvest time in the country or place named in the trade description.
PART III.—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 such goods a trade description in accordance with this Part.
Goods to which a Trade Description must be applied.
The goods to which the foregoing regulation applies are as follow:—
12. 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 principal label or brand affixed in a conspicuous and reasonably permanent manner in a prominent position to the goods, or, except in the case of carcase meat, to the coverings containing the goods; and
(b) It shall contain in prominent and legible characters a true description of the goods, the name of the State in which the goods were made or produced, and the word “Australia,” except in the case of goods exported from the State of South Australia, or the State of Western Australia, marked with the full name of the State, in which case the word “Australia” need not be repeated; and
(e) 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; and
(d) The label or brand shall specify the net weight or quantity of the goods, except in the case of carcase meat.
Provided that—
(i.) in the case of potatoes the approximate net weight may be specified; and
(ii.) 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.
Trade Description—Additional Requirements in Certain Cases.
In the case of the following goods the trade description shall, in addition, comply with the following provisions:—
(a) In the case of butter the trade description as prescribed in Regulation 12 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, Pastry Butter, or Milled Butter, as the case may be.
(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 butter (other than tinned butter) unless the net weight of the contents, exclusive of paper, shall be in excess of the marked weight to the extent of at least ½ 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.
(e) 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.
(f) In the case of meat, if the same be the flesh of bulls or “stags,” the trade description shall include—
(i.) In the case of carcase meat, the word “Bull” prominently applied, in some indelible colour, in half-inch letters in a circle at least one and one-quarter inches in diameter to each piece of meat, together with the words “Bull Beef” applied, in similar sized letters, to a label or tag on the coverings (if any) of the goods; or
(ii.) In the case of boxed meat, the words “Bull Beef” indelibly branded or impressed in block letters at least one-inch square on the boxes containing the goods; or
(iii.) In the case of canned meat, the words “Bull Beef” in one quarter inch letters in the principal label on each tin, and also in block letters at least one inch square indelibly branded or impressed on the cases containing the goods.
13 (continued)—
(g) In the ease of salt or corned beef, unless it has been subjected for a period of at least sixteen days to a process of curing, approved by the Comptroller-General, the trade description shall include in prominent characters, the words “Below Standard,”
(h) In the case of potatoes, the trade description shall specify their condition as to soundness or otherwise.
(i) In the case of maize, seeds, dried fruits, and plants, the trade description shall specify their condition as to soundness, cleanness, and freshness.*
(j) In the case of leather containing any loading of any mineral or other weighting substance, the trade description shall include a statement setting out the name of each loading substance contained in the leather, and the percentage thereof. Provided that the following shall not be deemed to be loading substances within the meaning of this regulation:—
In the case of sole leather—glucose and sugar to the extent of not more than 3 per cent. taken together, and fats and oils to the extent of not more than 5 per cent. taken together; and
In the case of leather other than sole leather—glucose and sugar to the extent of not more than 3 per cent. taken together, and fats and oils used in the manufacture and preparation of the leather.
Unsorted Fruit.
(1) In the case of fruit, where the package contains fruits of various sizes, the trade description shall include the word “Unsorted.”
Apples under 2¼ inches Diameter.
(2) In the case of apples under 2¼ inches in diameter, the trade description shall include, in bold and legible characters, the words “Under 2¼ inches.”
Goods Below Standard, or Inferior, or Unsound.
The exportation of all goods of the classes enumerated in Regulation 11 which, in the case of goods mentioned in the First Schedule, do not comply with the standards therein set out, or in the case of other goods, which are in an inferior, unsound, or abnormal condition, is prohibited—
(a) Unless, in the case of goods mentioned in the First Schedule, the trade description applied to the goods includes, in bold and
* Note.—Trade descriptions as to soundness, cleanness, and freshness are to be interpreted as follows:—
“Sound”—as indicating freedom from disease (as denned in Regulation 3), and from damage or decay.
“Clean” (in relation to seeds)—as indicating freedom from seeds other than those named in the trade description, and from other foreign substances, such as chaff, stalks, soil, &c.
“Fresh” (in relation to seeds)—as indicating that the germinating power of the seed has not been impaired by age or other cause.
“Fresh” (in relation to dried fruits)—as indicating that the goods are the product of the latest crop, and in prime condition.
15 (continued)—
legible characters, the words “Below Standard,” and states fully the matters in which, and the extent to which, the goods do not comply with the standard applicable thereto; or
(b) Unless, in the case of fruit, the trade description includes, in bold and legible characters, the words “Second Grade”; or
(c) Unless, in the case of other goods included in the classes enumerated in Regulation 11, the trade description includes, in bold and legible characters, the words “Unsound”, or “Inferior”, as the case requires.
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.
No trade description or official stamp or mark appearing on any goods of the classes enumerated in regulation 11, intended for export and which have been inspected under these regulations by an officer, shall be removed, altered, or interfered with, except by authority and in accordance with these regulations.
Preparation under Supervision.
Upon the application of an exporter, any goods enumerated in this part of these regulations may be prepared for export under the special supervision of an officer, whose services shall be paid for by the exporter at the rate of 2s. per hour, or part of an hour. 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.
Goods for China and Eastern Parts.
In the case of any goods enumerated in this Part of 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 the 90th meridian of East longitude, it shall, suffice if the trade description is applied to the outer coverings only.
Exports Exempted from Regulations.
These regulations shall not apply to unfrozen butter exported as ordinary cargo to any of the South Sea Islands or New Guinea, nor to seeds in packets exported by post.
PART IV.—INSPECTION OF EXPORTS.
Inspection under State Acts.
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 wholly or partly in lieu of examination and marking under these regulations.
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 Part III. of these regulations, which are intended for export, may be inspected and examined.
22 (continued)—
(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 tinned butter) intended for export shall be sent to an appointed place and submitted for examination at least three 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) Tinned meats shall not, except with the written permission of the Comptroller-General, be submitted for examination until at least ten days after cooking and sealing.
(4) 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 Information.
The exporter of any meat submitted for inspection shall give to the officer any information desired by him as to the date of killing, canning, or preserving the meat.
Exporter to give Notice.
Every person who intends to export any goods enumerated in Part III. of these regulations shall give written notice to the Customs in accordance with Form 1 or 2 in the Second Schedule, as the case requires, in the case of butter (other than tinned butter) at least three 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 for any stated period not exceeding twelve calendar months, and shall, in such case, state the estimated quantity of such goods to be exported within that period. The notice under this regulation shall be in accordance with Form 3 or 4 in the Second Schedule, as the case requires.
(2) When despatching butter to an appointed place the manufacturer or owner shall send an advice note to the Supervising Officer, giving particulars of all marks stamped or marked on the outer covering thereof in pursuance of paragraph (c) of Regulation 13.
Declaration required in Certain Cases.
27. A declaration by the exporter shall accompany the notice of intention to export canned meat, salt or corned beef, condensed milk, concentrated milk, dried milk, honey, leather, maize, meat extract or meat essence, seeds, plants, fruit, jam, preserved fruit, or potatoes, stating—
(a) In the case of condensed milk, concentrated milk, dried milk, honey, or meat extract or meat essence—the extent to which the goods conform to or differ from the standard in the First Schedule.
27 (continued)—
(b) In the case of leather—whether it contains any loading of any mineral or other weighting substance, and if it contains any such substance, the name of the substance and the percentage thereof. Provided that the following shall not be deemed to be loading substances within the meaning of this regulation:—
In the case of sole leather—glucose and sugar to the extent of not more than 3 per cent. taken together, and fats and oils to the extent of not more than 5 per cent. taken together; and
In the case of leather other than sole leather—sugar and glucose to the extent of not more than 3 per cent. taken together, and fats and oils used in the manufacture and preparation of the leather.
(c) In the case of canned meat, its condition as to soundness and suitability for human consumption, and that it has been prepared from the flesh of healthy animals, and that it was canned and cooked not less than ten days prior to submission for examination for export.
(d) In the case of salt or corned beef, the exporter shall declare as to the time occupied in the process of curing, and whether the meat has been artery or vein pumped.
(e) In the case of maize, seeds, dried fruit, or plants, their condition as to soundness, cleanness, and freshness.
(f) In the case of jam, preserved fruit, or potatoes, their condition as to soundness.
(g) In the case of fruit affected by disease, to what extent it is so affected; and, in the case of apples, if under 2¼ inches in diameter such to be stated.
Export Permits.
An export permit in accordance with Form 5 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. Such permit shall be delivered by the exporter to the officer at the export ship at the time the goods are brought to the wharf for shipment.
Cool Stores.
When butter or meat (except tinned butter which has not been classified, and canned meat) 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 a temperature not exceeding 25 degrees Fahrenheit 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, 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 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.
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 V.—CLASSIFICATION, CERTIFICATION, AND MARKING OF EXPORTS.
Approved Stamp.
(1) Until altered by the Minister by Gazette notice, the approved stamp shall be in accordance with the following design:—
C1910L00120-1.jpg
(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 examination for export shall be graded and marked as provided in the following provisions of this Part of the regulations. Provided that tinned butter shall not be so graded, certified, and marked except on the written request of the exporter.
Grading of Butter and Cheese.
The officer shall grade butter as follows:—
Superfine.—Pure creamery butter, graded at 95 to 100 points.
First Grade.—Pure creamery butter, graded at 90 to 94 points.
Second Grade.—Pure butter, graded at 83 to 89 points.
Third Grade.—Pure butter, graded at 75 to 82 points.
Pastry Butter.—Pure butter, graded at less than 75 points.
The officer shall grade cheese as follows:—
Superfine.—Pure cheese, graded at 95 to 100 points.
First grade.—Pure cheese, graded at 90 to 94 points.
Second Grade.—Pure cheese, graded at 83 to 89 points.
Third Grade.—Pure cheese, graded at 75 to 82 points.
The Officer shall not grade any impure butter or cheese.
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 the outer covering of all butter and cheese submitted for examination for export and graded at over 89 points or under 75 points an official grade mark as follows:—
Butter and Cheese graded at 95 to 100 points—Superfine.
Butter and Cheese graded at 90 to 94 points—First Grade.
Butter graded at under 75 points—Pastry.
Cheese graded at under 75 points—Below Standard.
Classification and Marking of Rabbits and Hares.
An intending exporter of rabbits or hares may, when giving notice of intention to export the goods, request the Customs in writing, in accordance with Form 6 in the Second Schedule, to classify and mark the goods with the approved stamp, and thereupon the goods shall be dealt with accordingly
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.
Certificates.
(1) The officer, after inspecting and examining any goods for export enumerated in Part III. of these regulations, may issue a certificate in such one of the forms in the Second Schedule as is applicable to the case.
(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 certain Goods.
In the case of all Butter, Cheese, and Carcase Meat submitted for examination for export, the officer shall apply to that portion of the goods or covering bearing the prescribed trade description, such one of the following markings as is applicable to the case:—
(a) If in the opinion of the officer the goods are not under fair average quality—the approved stamp as prescribed in Regulation 33; or
(b) If in the opinion of the officer the goods are under fair average quality—a stamp in accordance with the following design:—
C1910L00120-2.jpg
Marking of Other Goods.
An intending exporter of any goods enumerated in Part III. of these regulations (other than Butter, Cheese, Carcase Meat, Rabbits and Hares) may, when giving notice of intention to export the goods, request the Customs in writing, in accordance with Form 6 in the Second Schedule, to mark the goods with the approved stamp, and thereupon, unless in the opinion of the officer they are under fair average quality, the goods shall be marked accordingly.
PART VI.—MISCELLANEOUS.
Analysts and Analyses.
(1) The Minister may appoint any qualified person to be an analyst for the purposes 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 of the kinds enumerated in Part III. of these regulations may be supplied by the Collector of Customs to the manufacturer or exporter of the goods, upon payment of One shilling.
Registration of Brands.
A register of brands used by owners for any goods enumerated in Part III. of 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 22 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.
Penalties.
Any person committing a breach of these regulations for which no other penalty is provided shall be liable to a penalty of £20 (Twenty pounds).
Fees.
(1) There shall be paid to the Collector in respect of all butter and meat submitted for examination for export under these regulations the following fees:—
Butter.....................
per box ¼d.
Carcase Meat—..............
Lamb and Mutton...........
per carcase ¼d.
Beef..................
” 3d.
Pigs.................
” 1d.
Canned meat...........
per 100 lb. ½d.
(2) No export permit shall be issued in respect of the above mentioned goods until the fees have been paid.
Repeal.
(1) Subject to this Regulation, these Regulations shall supersede the following Regulations under the Act, viz.:—Statutory Rules 1906, No. 84, 1908, No. 17, and 1910, No. 17.
(2) In relation to Exports, the Minister may permit the inspection and marking of goods, and the standards and forms under the superseded Regulations to be continued or used until the 1st day of February, 1911, in the case of goods other than butter and cheese, and in the case of butter and cheese until 1st day of July, 1911.
FIRST SCHEDULE.
STANDARDS.
“Butter”: butter which contains only—
No fat other than butter fat;
Not more than 15 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 by the Minister to be harmless.
“Cheese”: cheese which does not contain any foreign matter other than rennet, salt, or colouring matter deemed by the Minister to be harmless.
“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 22 per cent. of milk solids not fat, or which, when not containing such sugar, contains not less than 8 per cent. of butter fat and 20 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 this Schedule.
“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 cattle or sheep, but not the internal organs thereof, 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. solids not butter fat.
Form 1.
SECOND SCHEDULE.
——
Commonwealth of Australia.
——
The Commerce (Trade Descriptions) Act 1905.
——
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 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 ‡…………………Butter and that it conforms to the prescribed standard.
I declare that I am (the agent duly authorized by…………………………) the owner of the above-mentioned goods, and that the said goods are…………………….
…………………..Exporter.
Declared before me this……………….day of………………19…….
………………………………..
Officer of Customs or Justice of the Peace.
Note.—A declaration as prescribed in Reg. 27 is required in regard to all enumerated goods other than Butter, Cheese, Meat, Rabbits, and Hares.
(This part to be filled in by the Officer.)
Goods examined, marked, and forwarded for shipment.
……………………………..Examining Officer.
/ /19 .
* State here the appointed place where it is desired goods shall be examined.
(This form to be printed on light blue paper.)
Form 3
Commonwealth of Australia.
——
The Commerce (Trade Descriptions) Act 1905.
——
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 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 †................... Butter, and that it will conform to the prescribed standard.
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.
Declared before me this............day of…..................19......
…………………………….
Officer of Customs or Justice of the Peace
Note.—A declaration as prescribed in Reg. 27 is required in regard to all enumerated goods other than Butter, Cheese, Meat, Rabbits, and Hares.
* 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.
(This form to be printed on green paper.)
Form 5.
Commonwealth of Australia.
——
The Commerce (Trade Descriptions) Act 1905.
——
Department of Trade and Customs.
Export Permit.
State of
Port of
Date......................19 .
To the Officer of Customs,
…………………………….Wharf.
The provisions of the Commerce Regulations 1910 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 quarto size.)
——
Form 6.
Commonwealth of Australia.
——
The Commerce (Trade Descriptions) Act 1905.
——
Request for Classification and Marking of Goods.
……………………………….
…………………………………..19
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 Regulations 1910.
……………………………………….
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, Cheese, and Carcase Meat (see Reg. 44); request (b) and (c) to Tinned Butter, Rabbits, and Hares.
(This form to be printed on white paper.)
C1910L00120-3.jpg
Form 7.
Commonwealth of Australia.
——
Certificate No……………………..
The Commerce (Trade Descriptions) Act 1905.
Department of Trade and Customs.
Certificate as to Suitability of Meat, Canned Meat, Meat Extract or Meat Essence 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 .
* Insert number of carcases, cases, &c., as the case may be.
(This form to be printed on red paper.)
——
C1910L00120-3.jpg
Form 8.
Commonwealth of Australia.
——
Certificate No……………
The Commerce (Trade Descriptions) Act 1905.
Department of Trade and Customs.
Certificate as to Suitability of Fruit for Export.
This is to certify that.................................cases of........................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 at the time of shipment.*
Dated at.............................................in the State of...........................................the.............................. day of........................ 19 .
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 .
* State whether Leather, Seeds, Plants, Maize, Potatoes, Condensed Milk, Concentrated Milk, Condensed Skimmed Milk, Dried Milk, Honey, Dried or Preserved Fruit, or Jam.
† Here set out condition such as “Free from adulteration,” “Sound and clean” or “Sound, clean and fresh,” as the case requires.
(This form to be printed on green paper.)
C1910L00120-3.jpg
Form 10.
Commonwealth of Australia.
——
Certificate No..........................
The Commerce (Trade Descriptions) Act 1905.
——
Department of Trade and Customs.
Butter Grade Certificate.
Superfine (95-100 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 .
………………………..Examining officer
(This form to be printed or pink paper.)
——
C1910L00120-3.jpg
Form 11.
Commonwealth of Australia.
——
Certificate No................
The Commerce (Trade Descriptions) Act 1905.
——
Department of Trade and Customs.
Butter Grade Certificate.
first grade (90-94 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…………...
...........................Examining Officer.
(This form to be printed on blue paper.)
C1910L00120-3.jpg
Form 12.
Commonwealth of Australia.
——
Certificate No.........................
The Commerce (Trade Descriptions) Act 1905.
——
Department of Trade and Customs.
Butter Grade Certificate.
second grade (83-89 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.....
……….....................Examining Officer.
(This form to be printed on orange paper.)
C1910L00120-3.jpg
Form 14
Commonwealth of Australia.
——
Certificate No……………………..
The Commerce (Trade Descriptions) Act 1905.
——
Department of Trade and Customs.
Butter Grade Certificate.
Pastry Butter (under 75 points).
This is to certify that....................................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.......
...........................Examining Officer.
(This form to be printed on white paper.)
——
C1910L00120-3.jpg
Commonwealth of Australia. Form 15.
——
Certificate No.............
The Commerce (Trade Descriptions) Act 1905.
——
Department of Trade and Customs.
Cheese Class Certificate.
superfine (95-100 points).
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……..
.........................Examining Officer.
(This form to be printed on blue paper.)
——
C1910L00120-3.jpg
Commonwealth of Australia Form 17.
——
Certificate No....................
The Commerce (Trade Descriptions) Act 1905.
——
Department of Trade and Customs.
Cheese Class Certificate.
second class (83-89 points).
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…..
………………………Examining Officer.
(This form to be printed on green paper.)
C1910L00120-3.jpg
Form 18.
Commonwealth of Australia.
Certificate No.............
The Commerce (Trade Descriptions) Act 1905.
——
Department of Trade and Customs.
Cheese Class Certificate.
third Class (75-82).
This is to certify that.................................Cheese, branded...........................on ..................... and shipped per s. s..................................to..............................:—
..............................19........, have been examined, and awarded points as follow:—
Dated at………………………..in the State of......................................................the .........................day of………………..19….
......................Examining Officer.
(This form to be printed on orange paper.)
——
C1910L00120-3.jpg
Form 19.
Commonwealth of Australia.
——
Certificate No........................
The Commerce (Trade Descriptions) Act 1905.
——
Department of Trade and Customs.
Rabbits or Hares.
first class certificate.
This is to certify that…………………….................................crates of..............................branded …........................were examined at..........................Freezing Works and classified as FIRST CLASS. These goods were at time of examination thoroughly sound and suitable for human consumption.
Shipped per s. s................................................to.......................................on........................19...... Dated at................................., in the State of..................................................this.....................................day of..............................19.......
This is to certify that……………………..............................crates of....................................branded .................................were examined at.......................................Freezing Works and classified as SECOND CLASS. These goods were at time of examination thoroughly sound and suitable for human consumption.
Shipped per s. s..........................................................to..............................on........................19...... Dated at....................................in the State of.............................................this.........................................day of.................................19........
………………………………………….
Examining Officer.
(This form to be printed on blue paper.)
——
C1910L00120-3.jpg
Form 21.
Commonwealth of Australia.
——
Certificate No...........................
The Commerce (Trade Descriptions) Act 1905.
——
Department of Trade and Customs.
Rabbits.
skinned rabbits class certificate.
This is to certify that..............................cases of Skinned Rabbits, branded..............................were examined and classified at……………………….Freezing Works. These goods were at time of examination thoroughly sound and suitable for human consumption
Shipped per s. s...............................to………………………………………………….on..............19…….,
Dated at................................................in the State of……………………………………….……..this ………………….day of…………………….19………
…………………………………………..
Examining Officer
(This form to be printed on green paper.)
Form 22.
Commonwealth of Australia.
——
The Commerce (Trade Descriptions) Act 1905.
——
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 1910, 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.
Image unavailable in extracted text(To be filled in by Officer on production of Certificate.)
Certificate of Registration as Trade Mark, No…… Date....... produced / / Commonwealth or……….
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.—