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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These regulations impose strict quality-controls on Australian dairy exports, requiring factories to register as export establishments and submit goods to government inspection and certification before shipment.
They matter to exporters and processors because they enforce hygiene, grading, labeling and packaging standards, chemical composition limits, temperature and preservative rules, and fees for testing and after-hours services to ensure exported butter, cheese, milk, eggs and margarine meet defined Australian export quality.
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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 (Dairy Produce) Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1938. No. 56
REGULATIONS UNDER THE CUSTOMS ACT 1901-1936 AND THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905–1933.*
WHEREAS by section 112 of the Customs Act 1901-1936 it is provided that the Governor-General may, by regulation, prohibit the exportation of any goods—
(a) the exportation of which would, in his opinion, be harmful to the Commonwealth; or
(b) which have not been prepared or manufactured for export under the prescribed conditions as to purity, soundness, or freedom from disease, or which do not conform to the prescribed conditions as to purity, soundness, or freedom from disease:
And whereas it is provided by the said section that the said power of prohibition shall extend to authorize the prohibition of the exportation of the goods generally, or to any specified place, and either absolutely or so as to allow of the exportation of the goods subject to any condition or restriction:
And whereas it is provided by section 17 of the Acts Interpretation Act 1901-1937 that the expression “the Governor-General” in any Act includes the person for the time being administering the Government of the Commonwealth, acting with the advice of the Federal Executive Council:
And whereas I am of opinion that the exportation of dairy produce, except subject to the conditions and restrictions prescribed by the following Regulations, would be harmful to the Commonwealth:
Now therefore I, the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901–1936 and the Commerce (Trade Descriptions) Act 1905-1933.
Dated this twenty second day of, 1938.
Huntingfield
Administrator.
By His Excellency’s Command,
for and on behalf of the Minister of State for Commerce and the Minister of State for Trade and Customs.
* Notified in the Commonwealth Gazette on , 1938.
5678.—12/24.5.1938.—Price 1s. 9d.
EXPORTS (DAIRY PRODUCE) REGULATIONS.
Part I.—Preliminary.
Citation.
Commencement.
Repeal.
3. The Commerce (Export Dairy Produce) Regulations (being the Statutory Rules specified in the First Schedule) are hereby repealed.
Parts.
4. These Regulations are divided into Parts, as follows:—
Part I.—Preliminary.
Part II.—General Provisions as to Exportation of Dairy Produce.
Part III.—Trade Descriptions.
Part IV.—Supervision, Inspection and Examination.
Part V.—Registration of Brands.
Part VI.—Miscellaneous.
Definitions.
5.—(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 1901–1936;
“appointed place” means a place appointed under regulation 16 of these Regulations to be a place where dairy produce intended for export may be inspected and examined;
“butter” means the fatty substance obtained by the mechanical agitation of milk or cream;
“butter fat” or “milk fat” means the fat of cow’s milk;
“coverings” means all the principal coverings in which dairy produce is contained;
“cream” means that portion of milk in which, through mechanical separation, the greater part of the milk fat has become concentrated;
“creamery butter” means butter (other than whey butter) manufactured from centrifugally separated cream and not mixed or blended into milled butter;
“dairy produce” means goods of the kinds specified or described in the first column of the Second Schedule;
“dried milk products” includes all dried preparations made from milk, or any of the constituents of milk, as a basis, and includes dried milk food products;
“Eastern destination” means any place between the 30th degree of East longitude and the 140th degree of West longitude and North of the 30th parallel of South latitude;
“export establishment” means an export establishment registered as such in accordance with these Regulations;
“ghee” means the fatty substance obtained by boiling cream or butter and separating the fatty portion from the milk serum;
“margarine” means any fatty substances, whether compound or otherwise, containing animal fats or vegetable oils or both, prepared as a substitute for, or in imitation of, butter, and whether mixed with butter or not;
“milk” means cows’ milk;
“milled butter” means butter which is a mixture or blend of two or more creamery butters, originally packed under separate names or brands;
“officer” means an officer as defined by the Commerce (Trade Descriptions) Act 1905–1933;
“package” includes box, crate, tin and case;
“pasteurized”, in relation to milk or cream, means subjected to a process of heating to a temperature sufficiently high and for a time sufficiently long to ensure the destruction of active germ life contained therein;
“preservative” means boric acid, nitrous acid, fluoric acid, hydrogen peroxide, salicylic acid, sulphurous acid, formic aldehyde, and any preparation of any of those substances or chemical compounds thereof, used as a preservative agent;
“registered brand” means a brand registered in pursuance of Part V. of these Regulations or in pursuance of the Regulations repealed by these Regulations;
“registered number” means the number allotted to an export establishment in accordance with these Regulations or in accordance with the Regulations repealed by these Regulations;
“registered word” means the word or combination of words allotted to an export establishment in accordance with these Regulations, or in accordance with the Regulations repealed by these Regulations, for use on choicest quality butter;
“State” includes any Territory of the Commonwealth to which the Customs Act 1901–1936 and the Commerce (Trade Descriptions) Act 1905–1933 apply;
“the Approved for Export Stamp” means a stamp in accordance with the following design:—
“the Commonwealth Standardization Trade Mark” means a mark in accordance with the following design (being the design of Trade Mark No. 34,531) the diameter of the outer circle of which is 2¾ inches and the diameter of the inner circle is 2½ inches:—
“the Department” means the Department of Commerce;
“the Minister” means the Minister of State for Commerce;
“the Secretary” means the Secretary of the Department;
“whey” means the watery fluid of cows’ milk which is separated from the curd in the manufacture of cheese or casein;
“whey butter” means butter manufactured wholly from milk fat centrifugally separated from whey.
(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 Fifth Schedule.
(3.) Strict compliance with the Forms contained in the Fifth Schedule shall not be necessary and substantial compliance shall be sufficient.
Exemption of ships stores from Regulations.
(a) butter—1400 pounds;
(b) cheese—1600 pounds;
(c) condensed milk—4200 pounds;
(d) dried milk—560 pounds;
(e) frozen milk—100 pounds; and
(f) eggs in shell—3900 dozen eggs.
Part II.—General Provisions as to Exportation of Dairy Produce.
Registration of export establishments.
7.—(1.) Any person who is the owner or occupier of any premises used for the preparation, manufacture or packing of dairy produce for export may apply to the Secretary, in accordance with Form 1, for the registration of the premises as an export establishment in respect of the particular kind of dairy produce prepared, manufactured or packed therein.
(2.) If the Secretary is satisfied that the premises are constructed, equipped and operated in an efficient and hygienic manner he may, in his discretion, register the premises as an export establishment.
(3.) The Secretary shall allot to each premises so registered—
(a) a number; and
(b) where the premises are registered in respect of butter, a word or words for use on choicest quality butter.
(4.) 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 preparation, manufacture or packing of the kind of dairy produce in respect of which it was registered.
(5.) A certificate in accordance with Form 2, signed by the Secretary, or any officer authorized in that behalf by the Secretary, shall be evidence of the facts therein stated.
Officers may enter establishments, take samples, &c.
Exportation of dairy produce prohibited except subject to conditions.
9.—(1.) The exportation of any dairy produce is prohibited unless—
(a) the dairy produce has been prepared or manufactured and packed in an export establishment;
(b) in the opinion of an officer authorized to inspect the dairy produce, the dairy produce is contained in packages which—
(i) will not cause it to deteriorate;
(ii) will not impart a taint to it when stored; and
(iii) are sufficiently strong to enable them to be carried without breakage when subject to ordinary treatment,
and is packed in such a manner and with such material as to ensure that it will arrive at its destination in a sound condition;
(c) the design, dimensions and nature of any label, brand or mark (other than a label, brand or mark applied by the manufacturer at the time of manufacture or a trade description applied in accordance with these Regulations) applied to the dairy produce, or to the coverings thereof, have been approved by the Secretary;
(d) the dairy produce complies with the conditions and restrictions (if any) specified in the second column of the Second Schedule opposite to the name or description of the dairy produce;
(e) in the case of butter (other than tinned butter), cheese (other than tinned cheese), frozen milk, egg pulp, and eggs in shell, which have been inspected and examined in accordance with Part IV. of these Regulations, the goods comply with such of the conditions and restrictions specified in the Third Schedule as are applicable thereto; and
(f) the exporter has obtained an export permit in accordance with these Regulations in respect of the dairy produce.
(2.) Notwithstanding the provisions of paragraph (d) of sub-regulation (1.) of this regulation—
(a) the Minister may certify that, on account of the use of any dairy produce for experimental purposes, or on account of special circumstances, it is not desirable that the conditions and restrictions referred to in that paragraph should apply to that dairy produce, and accordingly it shall not be necessary for the dairy produce to comply with those conditions and restrictions; and
(b) the Secretary may exempt any dairy produce intended for export to an Eastern destination from compliance with any of those conditions and restrictions.
Grades of butter and cheese.
10.—(1.) The grade of any butter and cheese for the purposes of these Regulations shall be determined by taking into consideration the flavour, aroma, texture (including body, grain and moisture) and condition (including colour, salting, packing and covering) of the butter or cheese, and points shall be allotted for those qualities which shall not exceed the following:—
| Flavour and aroma............................ | 50 points. |
|---|---|
| Texture.................................... | 30 points. |
| Condition.................................. | 20 points. |
(2.) Butter shall not be graded unless the temperature of the butter is not lower than 50 degrees Fahrenheit and not higher than 62 degrees Fahrenheit.
(3.) Butter and cheese which is graded at the number of points specified in the first column of the following table is in these Regulations referred to as being of the grade specified opposite to that number of points in the second column of that table:—
| Number of Points. | Grade. |
|---|---|
| Butter graded at 93 to 100 points inclusive........... | Choicest quality |
| Butter (including whey butter) graded at 90 to 92 points inclusive | First quality |
| Butter (including whey butter) graded at 86 to 89 points inclusive | Second quality |
| Butter (including whey butter) graded at 80 to 85 points inclusive | Pastry or Cooking quality |
| Cheese graded at 93 to 100 points inclusive........... | Choicest quality |
| Cheese graded at 90 to 92 points inclusive........... | First quality |
| Cheese graded at 86 to 89 points inclusive........... | Second quality |
| Cheese graded at 80 to 85 points inclusive........... | Third quality |
Part III.—Trade Descriptions.
Exportation of dairy produce prohibited unless trade description applied.
11.—(1.) Subject to this regulation, the exportation of any dairy produce is prohibited unless there is applied to the dairy produce a trade description in accordance with these Regulations.
(2.) This regulation shall apply to dairy produce which is imported into Australia, and is not held in bond, unless the Secretary is satisfied that the dairy produce is not the produce or manufacture of Australia.
Trade description.
12. The trade description to be applied to any dairy produce intended for export shall comply with the provisions (if any) specified in the third column of the Second Schedule opposite to the name or description of the dairy produce, and, except in the case of butter (other than tinned butter) intended for export to Great Britain, shall also comply with the following provisions:—
(a) It shall be in the form of a principal label or brand affixed to the dairy produce, or to the coverings containing the dairy produce, in a prominent position and in a conspicuous and reasonably permanent manner.
(b) It shall contain, in prominent and legible characters, a true description of the dairy produce, together with the word “Australia”.
(c) It shall be in the English language:
Provided that the Minister may, if he thinks fit, permit the whole or portion of the trade description, other than the word “Australia” to be in some language other than English.
(d) It shall include any one, and may include all, of the following particulars, namely:—
(i) the name of the manufacturer, producer or exporter;
(ii) the registered brand of the manufacturer, producer or exporter; or
(iii) the registered number of the export establishment in which the goods were prepared or manufactured:
Provided that the Minister may permit, subject to such conditions as he th
This is an opening excerpt, not the complete document.