Mar. 4.] THE NEW ZEALAND GAZETTE. 733

of such package than the grade-marks “Extra Fancy” and “Fancy” hereinbefore set out.

27. No other brand or mark shall be placed on the same end of a package of fruit as the registered export brand.

EXAMINATION OF FRUIT AT APPOINTED STORES.

28. (1.) The owner of fruit for export shall forward it, duly graded, packed, branded, and otherwise dealt with in accordance with the provisions of these regulations to an appointed store not less than two working-days before shipment.

(2.) He shall at the same time give to the Inspector at the appointed store to which the fruit has been sent an advice-note in the form set out in the Third Schedule hereto or to the effect thereof.

29. Every owner of fruit sending the same to any of the appointed stores shall make his own arrangements for the transit of the fruit to and from the store, and also for its receipt, storage, opening up for examination, repacking, delivery, shipment, and any other service, including insurance and protection from damage or loss of any kind.

30. (1.) For the purpose of determining whether the particulars set out in the export brand thereon correctly describe the contents of packages of fruit submitted for examination at an appointed store, and whether all other requirements of these regulations in respect of such fruit have been complied with, the Inspector shall cause to be opened for examination 5 per centum of the packages in each line of fruit of the same variety and grade under the same export brand submitted, or such further number as he deems necessary.

(2.) The decision of the Inspector in regard to the whole line shall be based on the result of his examination of the packages so opened, being in no case less than 5 per centum by number of the line as aforesaid.

31. If after examining such fruit the Inspector is satisfied that the particulars set out in the export brand correctly describe the contents of the packages, and that all the other requirements of these regulations in respect of such fruit are complied with, he shall stamp each of the packages with a stamp (herein called the “official export stamp”), indicating that the contents have been officially passed for export, and shall issue to the owner of such fruit an export certificate in the form set out in the Fourth Schedule hereto.

32. (1.) If after examining such fruit the Inspector places it in a lower grade than that set out in the export brand on the packages he shall regrade such fruit, and shall cause to be erased the grade-mark on the packages.

(2.) If in such regrading the grade is reduced from “Extra Fancy” to “Fancy” grade the Inspector may, on request from the owner of such fruit, have the grade allotted by him branded on the packages, and shall then stamp such packages with the official export stamp, and shall issue an export certificate as hereinbefore provided.

(3.) Failing such a request, or if in such regrading the grade is reduced below the standard of “Fancy” grade, the Inspector shall reject such fruit for export.

33. If after examining such fruit the Inspector is of opinion that the particulars set out in the export brand on the packages of such fruit, other than those relating to grade, do not correctly describe the contents of such packages, or that any other requirements of these regulations in respect of such fruit have not been complied with, he shall reject such fruit for export.

34. Notwithstanding the foregoing provisions as to the rejection of fruit for export nothing in these regulations shall be deemed to forbid individual fruits taken out of packages of fruit rejected for export being repacked and resubmitted at an appointed store if such individual fruits comply with the requirements of these regulations.

35. If any fruit sent to an appointed store is found to be diseased or infected fruit the Inspector shall condemn such fruit, which shall be destroyed or otherwise dealt with as the Inspector directs. The expense of such destruction or treatment shall be borne by the owner of the fruit.

36. Notification of any regrading, rejection, or condemnation of fruit for export shall be made immediately to the owner of such fruit by the Inspector.

37. No person shall remove from any appointed store, except for the purpose of immediately shipping it beyond New Zealand, any fruit for which an export certificate has been issued unless the export certificate is surrendered to the Inspector and the official export stamp upon the package or packages containing such fruit has been erased or cancelled to the satisfaction of the Inspector.

38. If any fruit which has been examined by an Inspector and passed for export has become, prior to its export from the Dominion, damaged, or in the opinion of an Inspector has deteriorated, the owner of such fruit shall, if and when directed by an Inspector to do so, submit such fruit for re-examination, and shall on demand surrender to the Inspector the export certificate issued in respect thereof.

39. In respect of fruit submitted for examination at an appointed store the decision of the Inspector as to grade, packing, branding, or other compliance with the provisions of these regulations shall be conclusive, and no action or other proceedings shall lie against an Inspector or other officer of the Crown, or against the Crown, in respect of any erroneous decision of the Inspector.

PENALTIES.

40. Every person who—

(1.) Forwards to an appointed store any fruit which is noticeably at variance in any particular with the description of such fruit set out in the export brand on the packages containing the same; or

(2.) Forwards to an appointed store any fruit which is diseased or infected; or

(3.) Exports or attempts to export, or forwards to an appointed store, any apples taken from trees which have not been planted out in the orchard at least seven years; or

(4.) Exports or attempts to export any fruit which has been rejected for export by an Inspector or for which no export certificate has been issued; or

(5.) Exports or attempts to export or is concerned in exporting any fruit of a variety approved for export to a specified country or countries only, to any other country; or

(6.) Except as otherwise provided in these regulations, alters or obliterates wholly or partially, or causes to be altered or obliterated, any official export stamp on any package of fruit, or counterfeits or improperly impresses any official export stamp on any package of fruit for export; or

(7.) Commits or is concerned in committing any breach of these regulations

shall be liable to a penalty not exceeding £20.

FIRST SCHEDULE.

(Reg. 6.)

EXPORT BRAND FOR FRUIT.

NEW ZEALAND [State kind of fruit].

Variety:

Grade:

Size of fruit:

Number of fruit in package:

Packed for export.

SECOND SCHEDULE.

(Reg. 23.)

Strap

Strap 1½×⅜"

Tray

Tray

Tray

Strap 1½×⅜"

A Package of Three Trays strapped—End View.

THIRD SCHEDULE.

(Reg. 28.)

ADVICE-NOTE SUBMITTING FRUIT FOR EXAMINATION PRIOR TO EXPORT.

The Fruit Inspector,

Department of Agriculture.

In compliance with the regulations under the Orchard and Garden Diseases Act, 1908, and its amendments, I hereby submit for examination the undermentioned fruit for export,