//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
This legislation creates a mandatory quality-control regime for Australian canned and frozen fruit exports, setting hygiene, grading, packaging and labeling standards to ensure products meet international expectations. It requires processors and canneries to register and operate hygienically, obliges exporters to obtain permits after inspection, and empowers inspectors to certify compliance. By preventing substandard or mislabeled produce, it protects Australia’s agricultural reputation and buyer confidence abroad.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Exports (Canned and Frozen Fruits) Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1954. No. 101
REGULATIONS UNDER THE CUSTOMS ACT 1901-1953 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905-1950.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1953 and the Commerce (Trade Descriptions) Act 1905-1950.
Dated this twenty fourth
day of September , 1954.
W, J. Slim
Governor-General.
By His Excellency's Command,
Minister of State for Commerce and Agriculture and for and on behalf of the Minister of State for Trade and Customs.
EXPORTS (CANNED AND FROZEN FRUITS) REGULATIONS.
Part I.—Preliminary.
citation
Repeal and saving.
2.—(1.) The Statutory Rules specified in the First Schedule are repealed.
(2.) Every number and word allotted, certificate and permit issued, approval and notice given, appointment and declaration made, and brand and export establishment registered under the Regulations repealed by the last preceding sub-regulation and in force or subsisting immediately before the commencement of these Regulations shall be deemed to have been allotted, issued, given, made or registered, as the case may be, under these Regulations.
Parts.
Part I.—Preliminary (Regulations 1-6).
Part II.—General Provisions as to Exportation (Regulations 7-8).
Part III.—Trade Descriptions (Regulations 9-12).
Part IV.—Inspection and Examination (Regulations 13-17).
Part V.—Registration of Brands (Regulations 18-23).
Part VI.—Miscellaneous (Regulations 24-27).
Interpretation.
4.—(1.) In these Regulations, unless the contrary intention appears—
"analyst" means a person appointed as an analyst under regulation 24 of these Regulations;
"brine" means a clear solution of sodium chloride in potable water;
* Notified in the Commonwealth Gazette on , 1954.
845.—Price 1s. 9d. 9/23.6.1954.
"can" includes an immediate container made of tin, glass or other material approved by the Secretary;
"canned" means preserved by heat sterilization, with or without syrup, fruit juice or water, and enclosed in a hermetically sealed can;
"export establishment" means premises registered under regulation 7 of these Regulations as an export establishment
"frozen" means preserved by freezing, with or without the addition of sugar, syrup or brine;
"fruit" includes mixed fruits, fruit salads and vegetables;
"Maraschino cherries" means white pitted cherries, coloured red with harmless and reasonably fast dye approved by the Secretary;
"officer" has the same meaning as in the Commerce (Trade Descriptions) Act 1905-1950;
"registered brand" means a brand registered under these Regulations;
"season" means the period commencing on the first day of November in any year and ending on the thirty-first day of October in the succeeding year;
"State" includes a Territory of the Commonwealth to which the Customs Act 1901-1953 and the Commerce (Trade Descriptions) Act 1905-1950 apply;
"syrup" means a clear solution of pure cane sugar in potable water;
"the Department" means the Department of Commerce and Agriculture;
"the Minister" means the Minister of State for Commerce and Agriculture;
"the repealed Regulations" means the Regulations repealed by regulation 2 of these Regulations;
"the Secretary" means the person for the time being holding, or performing the duties of, the office of Secretary to the Department.
(2.) In these Regulations, a reference to a Schedule by number shall be read as a reference to the Schedule to these Regulations so numbered, and a reference to a Form by number shall be read as a reference to the Form so numbered in the Fourth Schedule to these Regulations.
(3.) Strict compliance with the forms contained in the Fourth Schedule is not necessary, and substantial compliance with those forms is sufficient.
Application of Regulations.
5.—(1.) These Regulations do not apply to ships' stores brought to or shipped in Australia.
(2.) The Secretary may certify, in respect of canned or frozen fruit specified in the certificate, that, for the purposes of experiment or on account of exceptional circumstances, it is desirable that such provisions of these Regulations as are specified in the certificate should not apply to or in relation to that fruit, and, upon the issue of that certificate, those provisions do not apply.
Delegation.
6.—(1.) The Secretary may, in relation to a particular matter or class of matters, by writing under his hand, delegate to an officer all or any of his powers and functions under these Regulations, except this power of delegation, so that the delegated powers or functions may be exercised or performed by the delegate with respect to the matter or class of matters specified in the instrument of delegation as fully and effectually as by the Secretary.
(2.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Secretary.
Part II.—General Provisions as to Exportation.
Registration of export establishments.
7.—(1.) A person who is the owner or occupier of premises used for the processing, packing and storage of canned or frozen fruit intended for export may apply to the Secretary, in accordance with Form 1, for the registration of the premises as an export establishment.
(2.) If the Secretary is satisfied that the premises referred to in the last preceding sub-regulation are constructed, equipped and operated in an efficient and hygienic manner, he may register the premises as an export establishment.
(3.) The Secretary shall allot to each premises registered under this regulation a number and issue a certificate of registration in accordance with Form 2.
(4.) The registration of an export establishment shall remain in force until it is cancelled by the Secretary or the premises cease to be used for the processing, packing and storage of canned or frozen fruit.
(5.) Whenever the Secretary is satisfied that an export establishment is not constructed, equipped or operated in an efficient or hygienic manner, he may cancel its registration.
(6.) A certificate in accordance with Form 2 signed by the Secretary is evidence of the facts stated in the certificate.
Export of canned and frozen fruit prohibited except subject to conditions.
8.—(1.) The exportation of canned or frozen fruit is prohibited unless—
(a) the Secretary is satisfied that the fruit has been prepared in an export establishment;
(b) the conditions and restrictions specified in the Second and Third Schedules are complied with; and
(c) the exporter has obtained an export permit in accordance with these Regulations in respect of the fruit and the export permit is in force when the fruit is exported.
(2.) For the purposes of the Third Schedule, the weight or the number of halves, quarters or whole pieces of fruit, as the case may be, required to be contained in a can shall relate to a thirty ounce (No. 2½) can.
(3.) When a can smaller or larger than a thirty ounce can is used, the weight or number referred to in the last preceding sub-regulation shall be proportionately less or greater.
Part III.—Trade Descriptions.
Export of canned or frozen fruit prohibited unless trade description applied.
9.—(1.) The exportation of canned or frozen fruit is prohibited unless there is applied to the fruit a trade description of such character, relating to such matters, and applied in such manner as is prescribed, either generally or in relation to the particular fruit, by the succeeding provisions of this Part, Part II. of the Second Schedule and the third column of the Third Schedule.
(2.) This regulation applies to canned or frozen fruit, including fruit imported into Australia and not held in bond, unless the Secretary is satisfied that the fruit is not the produce of, or processed in, Australia.
Requirements as to trade descriptions.
10.—(1.) Subject to these Regulations, the trade description of canned or frozen fruit intended for export—
(a) shall be in the form of a principal label or brand affixed to the body of the can and to the outside containers in a conspicuous, and reasonably permanent manner;
(b) shall contain, in prominent and legible characters, a true description of the canned or frozen fruit together with the word "Australia" and may include, in addition, the name of the State in which the fruit was processed;
(c) where the processor of the fruit is the exporter, shall include his name or registered brand or his name and registered brand;
(d) where the processor of the fruit is not the exporter, shall include—
(i) the name or registered brand, or the name and registered brand, of the exporter and, unless the exporter has set out the name and address of the processor of the fruit in the notice of intention to export, the name or registered brand, or the name and registered brand, of the processor of the fruit; or
(ii) the name or registered brand, or the name and registered brand, of the processor of the fruit; and
(e) shall specify the net weight of the canned or frozen fruit.
(2.) Notwithstanding the last preceding sub-regulation, the Secretary may, subject to such conditions as he thinks fit, permit the name or brand of the consignee of the fruit to be included in the trade description in lieu of the name or registered brand of the exporter or processor.
(3.) In the case of canned fruit, the trade description shall include the words "in syrup" when canned fruit is packed in syrup and the words "in water" or "unsweetened" when canned fruit is packed in water.
(4.) In the case of frozen fruit, the trade description shall—
(a) include the word "frozen" in conjunction with the name of the fruit; and
(b) except in the case of vegetables, include a statement of the percentage of sugar, if any, added to the fruit or contained in the syrup.
(5.) The description "quick frozen" shall not be applied to frozen fruit unless the temperature of the fruit has been reduced to below twenty-five degrees Fahrenheit within six hours after the packing of the fruit in the can.
(6.) If canned or frozen fruit is packed in thirty ounce cans, the name of the fruit shall be set out in the trade description in bold and legible characters not less than three-eighths of an inch high.
(7.) If canned or frozen fruit is packed in cans larger or smaller than thirty ounce cans, the name of the fruit shall be set out in the trade description in bold and legible characters the height of which shall bear the same proportion to three-eighths of an inch as the number of ounces in the can bears to thirty.
(8.) If a pictorial representation of fruit is included in the trade description, it shall be a representation of the kind of fruit contained in the cans to which the pictorial representation is applied.
(9.) Except as provided by the next succeeding sub-regulation, the portion of the trade description indicating the grade of the canned or frozen fruit shall be in bold and legible letters at least one-quarter of an inch high.
(10.) The Secretary may permit a label approved by him and distinctive of a particular kind and grade of canned or frozen fruit to be applied to fruit of that kind and grade and, in that case, it is not necessary for the trade description to include a description of the grade of the fruits on the label affixed to the body of the can, but the grade of the fruit shall be marked on the outside containers in letters at least one inch high, if stencilled, and in letters at least three-quarters of an inch high, if printed on the outside containers or applied by means of printed paper labels.
Trade description applies as at time of shipment.
Trade descriptions and official marks not to be interfered with.
Penalty: Fifty pounds.
Part IV.—Inspection and Examination.
Notice of intention to export, and declaration.
False declarations.
14.—(1.) A person shall not make a false or misleading statement in a declaration furnished in pursuance of the last preceding regulation.
Penalty: Fifty pounds.
(2.) In proceedings for an offence against the last preceding sub-regulation, a certificate signed by the Secretary 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, is prima facie evidence of the matters certified.
(3.) Judicial notice shall be taken of the signature of the Secretary appearing on a certificate under the last preceding sub-regulation and of the fact that the person by whom the certificate purports to have been signed is, or was at the time at which he signed the certificate, the Secretary.
Inspection of canned or frozen fruit in course of preparation for export.
Export permit and certificate as to examination of canned or frozen fruits.
16.—(1.) Where an officer has inspected and examined canned or frozen fruit intended for export and—
(a) the fruit is marked with a trade description in accordance with these Regulations; and
(b) the officer is satisfied that the conditions and restrictions applicable under these Regulations in respect of the fruit have been complied with, the officer shall—
(c) sign the certificate at the foot of the notice of intention to export furnished in respect of the fruit; and
(d) shall issue to the exporter an export permit in accordance with Form 4.
(2.) When the fruit is brought to a wharf for shipment, the exporter shall deliver the export permit issued under the last preceding sub-regulation in respect of that fruit to the officer of Customs on duty at the ship by which the fruit is to be exported.
(3.) When an officer is satisfied that the fruit has been loaded into the vessel by which it is to be exported, the exporter is entitled to receive and the officer may issue to the exporter a certificate in accordance with Form 5 as to the condition of the fruit.
Canned or frozen fruit, may be re-examined and permit cancelled.
17.—(1.) If an officer has reasonable cause to think that, since the examination by an officer of any canned or frozen fruit intended for export, the condition, grade or class of the fruit has changed, he may re-examine the fruit and if, having regard to the condition, grade or class of the fruit as disclosed by the re-examination, the officer is satisfied that—
(a) the fruit is not marked in the prescribed manner with the prescribed trade description; or
(b) any condition or restriction applicable under these Regulations in respect of the fruit has not been complied with, he may cancel the export permit and any certificate in respect of the fruit issued under the last preceding regulation.
(2.) Where an export permit or certificate as to the condition of any canned or frozen fruit has been cancelled under t
This is an opening excerpt, not the complete document.