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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These 1948 regulations impose government inspection, registration, and strict quality, grading, packaging, labeling and destination-specific controls on exporting fresh fruit (apples, pears, citrus, grapes and others). They bind growers, packers, exporters and shippers, include inspection fees and sanitary requirements, and aim to protect Australia’s reputation and prevent pest and disease spread in international markets.
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Direct links to the current provisions in Export (Fresh Fruit) Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Statutory Rules 1948, No. 102.(q)
Part 1.—Preliminary.
Citation.
Repeal.
Parts.
Part I.—Preliminary.
Part II.—General Provisions as to Exportation of Fresh Fruit.
Part III.—Trade Descriptions.
Part IV.—Supervision, Inspection and Examination.
Part V.—Registration of Brands.
Part VI.—Miscellaneous.
(q) Made under Customs Act 1901-1947 and Commerce (Trade Descriptions) Act 1905-1933 on 4th August, 1948 ; notified in Gazette on 9th August, 1948.
Definitions.
4.—(1.) In these Regulations, unless the contrary intention appears—
“appointed analyst” means a person appointed as an analyst under sub-regulation (1.) of regulation 28 of these Regulations, or for the purposes of the Customs Act 1901-1917;
“appointed place” means a place appointed under regulation 15 of these Regulations to be a place where fresh fruit which is intended for export may be inspected and examined, and includes any wharf at which fresh fruit is to be shipped and any ship used, or intended to be used, for the conveyance for export of fresh fruit;
“clipped”, in relation to citrus fruit, means cut from the tree, with stalk trimmed smooth and not protruding above the top of the basin by means of a sharp blunt nosed clipper or by any other means approved by the Secretary;
“coverings” means all the principal coverings in which fresh fruit is contained;
“diameter”, in relation to fresh fruit, means the greatest transverse measurement of the fruit taken at right angles to the line joining the stem and the calyx;
“disease” means any abnormal condition of or in fresh fruit, and includes any condition arising from functional disorders, or caused by, or due to, the presence, operation, development or growth of any insect, fungus, bacterium or virus;
“officer” means an officer as defined by the Commerce (Trade Descriptions) Act 1905-1933;
“registered brand” means a brand registered, or deemed to be registered, under Part V. of these Regulations;
“sound” means not over-ripe, not soft, not wilted, free from disease, and free from excessive bruising or physical injuries affecting the keeping quality of the fruit;
“the Department” means the Department of Commerce and Agriculture;
“the Minister” means the Minister of State for Commerce and Agriculture;
“the Secretary” means the Secretary to the Department.
(2.) In these Regulations, any reference to a Schedule shall be read as a reference to a Schedule to these Regulations, and any reference to a Form shall be read as a reference to a Form contained in the Second Schedule.
Regulations do not apply to ships’ stores.
Part II.—General Provisions as to Exportation of Fresh Fruit.
Export of fresh fruit prohibited except subject to conditions.
6.— (1.) The exportation of fresh fruit is prohibited unless—
(a) in the case of fresh fruit (other than fresh citrus fruit and pineapples) the Secretary is satisfied that the fruit has been prepared and packed for export in an establishment which is constructed, equipped and operated in an efficient and hygienic manner;
(b) in the case of fresh citrus fruit and pineapples, the fruit has been prepared in an establishment which is registered as an export establishment in accordance with these-Regulations;
(c) the conditions and restrictions (if any) specified in the second column of the First Schedule opposite to the name or description of the fresh fruit are complied with; and
(d) the exporter has obtained an export permit in accordance with these Regulations in respect of the fresh fruit.
(2.) The provisions of paragraph (c) of the last preceding sub-regulation shall not apply to any fresh fruit in respect of which the Secretary certifies that, for the purposes of experiment, or on account of exceptional circumstances, it is desirable that that paragraph should not apply to that fresh fruit.
(3.) Notwithstanding the provisions of sub-regulations (1.) and (2.) of this regulation, the exportation of fresh fruit is prohibited where, in the opinion of an officer specifically appointed in writing for the purpose by the Secretary, the seasonal conditions, varieties, ports of shipment, destination or the proposed conditions of conveyance are such as to be detrimental to the good out-turn of the fruit.
Registration of export establishments for citrus fruits.
7.— (1.) Any person who is the owner or occupier of any premises used for the receipt, processing, packing or storage of citrus fruits or pineapples may apply to the Secretary, in accordance with Form 7, for the registration of the premises as an export establishment.
(2.) If the Secretary is satisfied that the premises are constructed, equipped and operated in an efficient and hygienic manner and comply with the following conditions, he shall register the premises as an export establishment:—
(a) The establishment shall be of such a nature as to minimize any harbourage for fungi or insects and any contamination of the citrus fruits by foreign substances during the operations of stacking, handling, loading, processing, grading and packing.
(b) The establishment shall be so constructed as to be sufficiently lighted for the purposes of efficient inspection and for the operations of the packing shed.
(c) The establishment shall be ventilated in a manner approved by an officer.
(d) The floors of the establishment shall be constructed of concrete or other suitable material, which shall permit of rapid and effective cleansing.
(e) The plant and equipment shall be of types approved by an officer.
(3.) The registration of an export establishment shall remain in force until such time as it is cancelled by the Secretary or the premises cease to be used for the receipt, processing, packing or storage of citrus fruits or pineapples.
(4.) The Secretary may cancel the registration of an export establishment if he is satisfied that—
(a) the premises arc not constructed, equipped and operated ill an efficient and hygienic manner;
(b) the premises no longer comply with all the conditions specified in sub-regulation (2.) of this regulation;
(c) the establishment is not, at such times as an officer considers necessary, cleansed throughout, and the plant, and such parts of the building as are directed by an officer, treated with a disinfectant approved by the officer; or
(d) the premises and immediate surroundings are not kept free from all waste fruit and debris.
(5.) A certificate in accordance with Form 8, signed by the Secretary or by any officer thereto authorized in writing by the Secretary, shall be prima facie evidence of the facts therein stated.
Officers may enter establishments, take sampled, &c.
Fruit affected by San Jose scale not to be exported.
Part III.—Trade Descriptions.
Export of fresh fruit prohibited unless trade description applied.
Trade description.
11.— (1.) The trade description to be applied to any fresh fruit intended for export shall comply with the provisions of this regulation and with the provisions (if any) specified in the third column of the First Schedule opposite to the name or description of the fruit.
(2.) The trade description—
(a) shall be in the form of a principal label or brand affixed to the coverings containing the fruit in a prominent position and in a conspicuous and reasonably permanent manner;
(b) shall contain, in prominent and legible characters, a true description of the fruit, together with the word “Australia”, and the name of the State or Territory in which the fruit was produced; and
(c) shall include—
(i) the name or registered brand of the producer and may include in addition the name or registered brand of the exporter;
Provided that where the identity of fruit grown by several producers is lost during the operation of packing for export, the name or registered brand of the owner of the establishment in which the fruit was packed shall be included in lieu of the name or registered brand of the producer; or
(ii) the name or registered brand of the exporter, together with a number or device which has been notified to the Department prior to the export of the fruit and indicates the identity of the producer.
Trade description applies an at time of shipment.
Trade description and official marks not to be interfered with.
Penalty : Fifty pounds.
Part IV.—Supervision, Inspection and Examination.
Preparation of fresh fruit under supervision.
14.—(1.) Upon the application of any person engaged in the preparation of fresh fruit intended for export, the Secretary may make available the services of an officer to supervise the preparation of the fruit.
(2.) Where the services of an officer are made available in pursuance of an application under this regulation, the applicant shall pay to the Department the sum of Three shillings for each hour during which the officer is engaged in supervising the preparation of the fruit, and, in addition, in any case where the amount so payable is exceeded by the expenses incurred by the Department in supplying the services of the officer, the Minister may require to be paid, and if the Minister so requires, the applicant shall pay, a sum equal to the amount of the excess.
Secretary may appointment for inspection of exports.
15.—(1.) The Secretary may, by writing under his hand, appoint any place to be a place where fresh fruit intended for export may be inspected and examined.
(2.) In exercising his powers under this regulation, the Secretary may limit the appointment of any place to the inspection and examination of any particular kind of fresh fruit, or may attach to the appointment any other condition or restriction.
Fresh fruit to be sent to appointed places.
Examination at places other than appointed places.
Notice of Intention to export and declaration.
(2.) The owner of any fresh fruit submitted for inspection and examination, or the duly authorized agent of the owner, shall deliver to the examining officer, at the time when the fruit is so submitted, a notice and declaration in accordance with Form 2.
(3.) The exporter of any fresh fruit exported shall furnish to the Department a declaration in accordance with Form 3 within three days after shipment.
False declarations.
19.—(1.) A person shall not make any false or misleading statement in any declaration furnished in pursuance of the last preceding regulation.
Penalty: Fifty pounds.
(2.) In any proceedings for an offence against the last preceding sub-regulation, a certificate signed by the Secretary or an Assistant Secretary, of the Department certifying that the declaration was furnished in pursuance of the last preceding regulation, and was made by the person by whom it purports to have been made, shall be prima facie evidence of the matters certified to.
(3.) Judicial notice shall be taken of the signature to any certificate made under the last preceding sub-regulation, and of the fact that the person whose signature it purports to bear holds, or has held, the office of Secretary or Assistant Secretary of the Department.
Export permit and certificate of examination
20.—(1.) Where an officer has examined any fresh fruit intended for export and he is satisfied that the whole or part thereof—
(a) is marked in the prescribed manner with the prescribed trade description; and
(b) complies with the conditions and restrictions applicable under these Regulations in respect thereof,
be shall sign the certificate at the foot of the notice in accordance with Form 2, and the exporter shall be entitled to receive an export permit in accordance with Form 5, and a certificate in accordance with Form 6, in respect of the fruit as to which the officer is so satisfied.
(2.) When the fruit is brought to a wharf for shipment, the exporter shall deliver the export permit to the officer of customs on duty at the ship by which the fruit is to be exported.
(3.) The fresh fruit shall not be loaded into any vessel except in the presence of an officer.
Fruit may be re-examined and permit cancelled.
21.—(1.) If any officer has reasonable cause to think that, since the examination of any fresh fruit intended for export, the condition, quality, grade or class of the fruit has changed, he may re-examine the fruit, and if, having regard to the condition, quality, grade or class of the fruit as disclosed by the re-examination—
(a) the fruit is not marked in the prescribed manner with the prescribed trade description; or
(b) the officer is satisfied that any condition or restriction applicable under these Regulations has not been complied with,
he may cancel the export permit and any certificate as to the condition of the fruit issued in respect of that fruit.
(2.) Where an export permit or certificate as to the condition of any fruit has been cancelled under the last preceding sub-regulation, the exporter shall, if so required by an officer, forthwith surrender the permit or certificate, as the case may be, to the officer.
Penalty: Fifty pounds.
Part V.—Registration of Brands.
Register of brands.
22.—(1.) Subject to regulation 24 of these Regulations, the Secretary may register any brand as a brand which may be included in the trade description of fresh fruit intended for export and shall keep a register of brands so registered.
(2.) The register of brands kept by the Secretary under the Regulations repealed by these Regulations shall be incorporated with and form part of the register under these Regulations and all brands registered under those repealed Regulations shall be deemed to be registered under these Regulations.
Application to be accompanied by copies of brand.
Registration trade mark necessary.
Registration number.
This is an opening excerpt, not the complete document.