Australian Capital Territory

Plant Diseases Regulations
in force under the
Plant Diseases Act 1934
Republication No 2A
As in force on 31 July 1999
Includes all amendments up to Subordinate Law 1996 No 8

Prepared by the ACT Parliamentary Counsel’s Office
This republication is not an authorised republication for the Legislation (Republication) Act 1996.
As in force on
31 July 1999

Australian Capital Territory

Plant Diseases Regulations
in force under the
Plant Diseases Act 1934
CONTENTS
	Page
Part 1—Preliminary
	1	Citation	1
	3	Interpretation	1
Part 2—Sale of fruit and vegetables
	4	Weekly destruction of waste and infected fruit	2
	5	Prohibition of topping	3
	6	Limitation on sale of fruit in bag or sack	3
	7	Contents of trays, baskets etc to be shown	3
	8	Sale of apricots, peaches and nectarines	3
	9	Sale of potatoes	4
	10	Containers of potatoes	5
	11	Particulars to be shown when potatoes sold	6
	12	Sale of tomatoes	6
	13	Tomatoes for manufacturing purposes	7
	14	Sale of cherries, plums and quinces	8
	15	Sale of grapes	8
	16	Particulars to be shown when grapes sold	8
	17	Grades of apples and pears	9
	18	Misdescription of contents of case of apples or pears	12
	19	Particulars to be shown when apples or pears sold	13
Part 3—Fruit cases
	20	Dimensions of fruit cases	13
	23	Tampering with marks on fruit cases	14
	24	False marks on fruit cases	14
	25	Exception in case of trays etc	14
Part 4—Neglected trees
	33	Neglected trees	14
	34	Owner liable for cost of destruction of neglected trees	15
	35	Destruction of fruit of neglected trees	15
Part 5—Control of codling moth
	36	Prevention of codling moth	15
Part 6—Control of fruit fly
	37	Treatment to eradicate fruit fly	16
Part 6A—Control of aphididae and fungi
	37A	Treatment to eradicate aphididae and fungi	18
Part 7—Miscellaneous
	39	Discharge of liability of owner and occupier	20
	SCHEDULE 1	21
	SCHEDULE 2	23
	ENDNOTES
	1	About this republication	24
	2	About the republished subordinate law	24
	3	Abbreviation key	24
	4	Table of legislation	25
	5	Table of amendments	25
	6	Table of earlier republications	26

As in force on
31 July 1999

Australian Capital Territory

Plant Diseases Regulations
in force under the
Plant Diseases Act 1934
Part 1—Preliminary
1	Citation 
	These regulations may be cited as the Plant Diseases Regulations.
3 	Interpretation
(1) 	In these regulations, unless the contrary intention appears—
case includes covering and package and any receptacle used, or capable of being used, or intended to be used, as a container of fruit or vegetables.
calyx stage, in relation to the spraying of trees, means that period of the blossoming of the tree when most of the petals have fallen.
codling moth (cydia pomonella), means the codling moth in all phases of its life history, including the egg, larvae or caterpillar, pupae or chrysalis, and the adult winged insect or moth stages.
diameter, in relation to any fruit, means the greatest diameter of the fruit at right angles to a line joining the stem and the calyx.
firm includes corporation.
fruit fly includes the Queensland fruit fly (Strumeta tryoni), the Mediterranean fruit fly (Ceratitis capitata) and all other fruit fly which attack cultivated and native fruits and which are included in the family Trypetidae in all phases of their life history, including the egg, larvae or maggot, pupae or chrysalis, and adult winged insect or fly stage.
mature means—
	(a)	in relation to any apricot, peach or nectarine—that the kernel inside the stone of the fruit has ceased to be in the jelly stage; and
	(b)	in relation to any tomato—that the tomato is at that stage of its growth at which the pulp immediately surrounding its seeds has changed from its original green to a dark amber colour; and
	(c)	in relation to grapes—that the specific gravity of the filtered  juice of the grapes is not less than 1.066 or 9° Baume at 15°C.
tree includes the suckers of a tree.
waste fruit means fruit which for any reason is not intended to be used for human or animal consumption, or which is infected with disease or pest.
(2) 	Any reference in these regulations to a schedule shall be read as a reference to a schedule to these regulations.
Part 2—Sale of fruit and vegetables
4 	Weekly destruction of waste and infected fruit
	The owner and the occupier of any premises (including markets, shops and residences) shall, if not sooner required to do so under any other provision of these regulations, destroy, once in each week, by boiling for not less than 10 minutes or by burning, all waste and infected fruit on the premises.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
5 	Prohibition of topping
	No person shall sell, or exhibit for sale, any fruit or vegetables unless the fruit or vegetables are so packaged and arranged that the outer layer or shown surface of the fruit or vegetables is a true indication of the fair average quality of the whole of the fruit and vegetables sold or exhibited.
Penalty:
	(a)	if the offender is a natural person—5 penalty units;
	(b)	if the offender is a body corporate—25 penalty units.
6 	Limitation on sale of fruit in bag or sack
(1)	No person shall sell in a bag or sack fruit the volume of which is 9 litres or more.
(2)	However, this regulation shall not apply to sales of fruit for manufacturing purposes.
Penalty:
	(a)	if the offender is a natural person—2 penalty units;
	(b)	if the offender is a body corporate—10 penalty units.
7 	Contents of trays, baskets etc to be shown
	No person shall sell or export fruit in any tray, basket, cask, bucket or crate unless the container of the fruit is legibly marked with the weight or number of fruit contained therein.
Penalty:
	(a)	if the offender is a natural person—2 penalty units;
	(b)	if the offender is a body corporate—10 penalty units.
8 	Sale of apricots, peaches and nectarines
(1) 	No person shall pack for sale or sell any apricot, peach or nectarine unless the fruit is mature, in normal condition and free from any disease or pest.
(2) 	No person shall pack for sale or sell in any case the volume of which is 18 litres or more any apricots, peaches or nectarines unless the exterior of the case is legibly marked with particulars showing—
	(a)	the variety of the fruit; and
	(b)	the name and address of the person or firm by whom the fruit was packed following the words ‘packed by’.
(3) 	The particulars prescribed by subregulation (2) shall be legibly marked—
	(a)	in letters not less than 20 millimetres in height on the case; or
	(b)	in letters not less than 10 millimetres in height on a label affixed to the case.
Penalty:
	(a)	if the offender is a natural person—5 penalty units;
	(b)	if the offender is a body corporate—25 penalty units.
9 	Sale of potatoes
(1) 	No person shall sell, or offer for sale, potatoes, other than potatoes intended for stock food, except in 1 of the following grades:
	(a)	No. 1 grade;
	(b)	No. 2 grade;
	(c)	New potato grade;
	(d)	Chat grade; and
	(e)	Seed potato grade.
(1A) 	At the time of any sale, or offer for sale, of potatoes, the vendor or offerer for sale of the potatoes shall state to the customer the grade of potatoes so sold or offered for sale and, where a docket relating to the sale is delivered to the customer, shall endorse on the docket the grade of potatoes sold.
(2) 	No. 1 grade shall consist of sound potatoes which shall have similar varietal characteristics and a mature skin; they shall be free from decay and mechanical injury not removable by the ordinary process of peeling, and shall be reasonably free from dirt and other foreign matter, second growth, sprouting, and deterioration caused during storage or by abnormal condition or growth or greening from exposure, and be free from damage caused by disease, pests, insects or sunscald and shall have a minimum weight of 90 grams.
(3) 	No. 2 grade shall consist of potatoes which comply with the standard No. 1 grade except as to maturity of skin and weight. They may have either a mature or immature skin and shall be not less than 45 grams but less than 105 grams in weight.
(4) 	New potato grade shall consist of potatoes which comply with standard of No. 1 grade except that they shall not have a mature skin.
(5) 	Chat grade shall consist of potatoes grown in the Australian Capital Territory which, except as regards skin and weight, comply with the standard of No. 1 grade. They shall have an immature skin and shall be less than 45 grams in weight.
(6) 	Seed potato grade shall consist of sound potatoes which shall have similar varietal characteristics and a mature skin. They shall be reasonably free from second growth, decay, mechanical injury, dirt and other foreign matter, and from damage caused by disease, sunscald or insects, and shall be not less than 35 grams in weight.
 (7) 	Potatoes in any covering which are sold, or offered for sale, shall be deemed to comply with the standard of the grade in which they are sold or offered for sale if 95% by weight of the potatoes in the covering comply with that standard.
Penalty:
	(a)	if the offender is a natural person—5 penalty units;
	(b)	if the offender is a body corporate—25 penalty units.
10 	Containers of potatoes
	No person shall, except in the case of potatoes intended for stock food, sell potatoes or offer potatoes for sale unless they are contained in a new or a clean second-hand covering of good quality which has not previously contained organic manure or other substances which would be injurious to potatoes.
Penalty:
	(a)	if the offender is a natural person—2 penalty units;
	(b)	if the offender is a body corporate—10 penalty units.
11 	Particulars to be shown when potatoes sold
(1)	No person shall sell potatoes, or offer potatoes for sale, in a quantity equal to, or greater than, 50 kilograms, unless each covering in which the potatoes are contained is legibly marked on the exterior thereof in letters not less than 50 millimetres in height with particulars showing—
	(a)	in the case of seed potato grade potatoes, in addition to the particulars specified in paragraph (c)—
	(i)	the variety of the potatoes; and
	(ii)	the name and address of the seller of the potatoes; and
	(b)	in the case of potatoes which have been rebagged, in addition to the particulars specified in paragraph (c)—
	(i)	the fact that the potatoes have been rebagged; and
	(ii)	the name and address of the person or firm by whom the potatoes were rebagged; and
	(c)	in all cases—
	(i)	the grade of potatoes contained in the covering; and
	(ii)	the name and address (which address shall include a reference to the State or Territory as well as the town) of the grower of the potatoes.
(2)	However, potatoes intended for stock food may be sold, or offered for sale, if packed in coverings legibly branded ‘stock food’.
Penalty:
	(a)	if the offender is a natural person—2 penalty units;
	(b)	if the offender is a body corporate—10 penalty units.
12 	Sale of tomatoes
(1) 	No person shall pack for sale or sell, in any case the volume of which is 18 litres or more, any tomatoes, not being tomatoes intended for manufacturing purposes unless—
	(a)	the tomatoes are mature but not soft or overripe, and are sound and free from disease or pest, serious damage, decay and sunburn; and
	(b)	the maximum variation in the diameter of the tomatoes does not exceed 25 millimetres; and
	(c)	the exterior of the case is legibly and indelibly marked with the name and address or registered brand of the person or firm by whom the tomatoes were packed, and, where the tomatoes have been repacked, with the words ‘repacked by’ preceding that name and address.
Penalty for breach of paragraph (a) or (b):
	(a)	if the offender is a natural person—5 penalty units;
	(b)	if the offender is a body corporate—25 penalty units.
Penalty for breach of paragraph (c):
	(a)	if the offender is a natural person—2 penalty units;
	(b)	if the offender is a body corporate—10 penalty units.
(2) 	The particulars prescribed by paragraph (1) (c) shall be legibly marked—
	(a)	in letters not less than 20 millimetres in height on the case; or
	(b)	in letters not less than 10 millimetres in height on a label affixed to the case.
Penalty:
	(a)	if the offender is a natural person—2 penalty units;
	(b)	if the offender is a body corporate—10 penalty units.
13 	Tomatoes for manufacturing purposes
(1) 	No person shall pack for sale or sell, in any case the volume of which is 18 litres or more, any tomatoes intended for manufacturing purposes unless—
	 (a)	the tomatoes are sound and free from disease and pest; and
	(b)	the exterior of the case is, except when despatched directly to the factory from the garden where the tomatoes are grown, legibly and indelibly marked with the word ‘Factory’ and the name and address or registered brand of the person or firm by whom the tomatoes were packed.
(2) 	The particulars prescribed by paragraph (1) (b) shall be legibly marked—
	(a)	in letters not less than 20 millimetres in height on the case; or
	(b)	in letters not less than 10 millimetres in height on a label affixed to the case.
Penalty:
	(a)	if the offender is a natural person—5 penalty units;
	(b)	if the offender is a body corporate—25 penalty units.
14 	Sale of cherries, plums and quinces
(1) 	No person shall pack for sale or sell, in a case the volume of which is 9 litres or more, any cherries, plums or quinces unless the exterior of the case is marked with particulars showing—
	(a)	the variety of the fruit; and
	(b)	the name and address of the person or firm by whom the fruit was packed.
(2) 	The particulars prescribed by subregulation (1) shall be legibly marked—
	(a)	in letters not less than 20 millimetres in height on the case; or
	(b)	in letters not less than 10 millimetres in height on a label affixed to the case.
Penalty:
	(a)	if the offender is a natural person—2 penalty units;
	(b)	if the offender is a body corporate—10 penalty units.
15 	Sale of grapes
	No person shall pack for sale, or sell any grapes in their fresh state and intended for table use unless they are mature.
Penalty:
	(a)	if the offender is a natural person—5 penalty units;
	(b)	if the offender is a body corporate—25 penalty units.
16 	Particulars to be shown when grapes sold
(1) 	No person shall pack for sale, or sell any grapes in a case unless the exterior of the case is marked with particulars showing—
	(a)	the variety of the grapes; and
	(b)	the name and address of the person or firm by whom the grapes were packed.
(2) 	The particulars prescribed by subregulation (1) shall be marked—
	(a)	in letters not less than 20 millimetres in height on the case; or
	(b)	in letters not less than 10 millimetres in height on a label affixed to the case.
Penalty:
	(a)	if the offender is a natural person—2 penalty units;
	(b)	if the offender is a body corporate—10 penalty units.
17 	Grades of apples and pears
(1) 	No person shall sell, or offer for sale, apples or pears except in 1 of the following grades:
	(a)	Extra Fancy;
	(b)	Fancy;
	(c)	Good;
	(d)	Domestic;
	(e)	Factory.
Penalty:
	(a)	if the offender is a natural person—5 penalty units;
	(b)	if the offender is a body corporate—25 penalty units.
(2) 	Extra Fancy grade apples shall consist of sound, clean, well-formed mature apples of 1 size and 1 variety, free from broken skins and from any disease or pest. The apples may be affected by slight blemishes provided that such blemishes do not affect more than 10% by number of the total number of apples in any package and provided that the total area covered by such blemishes on any apple does not exceed the area contained in a circle, having a diameter of 10 millimetres. Russeting shall not be deemed to be a blemish, provided that not more than 10% of the surface of any apple is affected. The apples of this grade shall comply with the minimum size and colour requirements specified for each variety of apple of this grade respectively set forth in Schedule 1.
(3) 	Fancy grade apples shall consist of sound, clean and fairly well-formed mature apples of 1 size and 1 variety, free from broken skins and from any disease or pest. The apples may be affected by slight blemishes provided that such blemishes do not exceed 10% by number of the total number of apples in any package and provided that the total area covered by such blemishes on any apple does not exceed the area contained in a circle having a diameter of 10 millimetres.  Russeting shall not be deemed to be a blemish provided that the russeting does not affect more than 50% of the surface of any apple of the Sturmer variety or more than 30% of the surface of any apple of any other variety. The apples of this grade shall comply with the minimum size and colour requirements specified for each variety of apple of this grade respectively set forth in Schedule 1.
(4) 	Good grade apples shall consist of apples of 1 size and 1 variety, free from broken skins and not seriously affected by blemishes or by any disease or pest.  The apples may be slightly blemished by Black Spot fungus, caterpillars, hail-marks or limb rubs provided that the total area covered by all blemishes on any apple does not exceed the area contained in a circle having a diameter of 10 millimetres; provided further that, if the blemishes consist wholly of superficial hail-marks, the total area covered by any such blemishes on any apple shall not exceed the area contained in a circle having a diameter of 15 millimetres.  Russeting shall not be deemed to be a blemish with the Sturmer variety of apple and shall not be deemed to be a blemish with any other variety of apple, provided that the russeting does not affect more than 50% of the surface of any apple.  The apples of this grade shall comply with the minimum size requirements specified for each variety of apple of this grade respectively set forth in Schedule 1.
(5) 	Domestic grade apples shall consist of apples of 1 size and 1 variety free from broken skins and serious damage caused by any disease or pest.  The apples may be blemished, provided that the total area covered by all blemishes on any apple does not exceed the area of a circle having a diameter of 20 millimetres; provided further that, if the blemishes consist wholly of superficial hail-marks, the total area covered by any blemishes on any apple shall not exceed the area contained in a circle having a diameter of 40 millimetres.  The apples of this grade shall comply with the minimum size requirements specified for each variety of apple of this grade respectively set forth in Schedule 1.
(6) 	Factory grade apples shall consist of apples which are free from decay, and reasonably free from any disease or pest, but which otherwise do not comply with the requirements of the foregoing grades.
(7) 	Extra fancy grade pears shall consist of sound, clean, well-formed pears of 1 size and 1 variety, free from broken skins and from any disease or pest. The pears may be affected by superficial blemishes, provided that such blemishes do not affect more than 10% by number of the total number of pears in any package and provided that the total area covered by such blemishes on any pear does not exceed the area contained in a circle having a diameter of 10 millimetres.  Russeting shall not be deemed to be a blemish on pears normally russeted and shall not be deemed to be a blemish on pears of the normally clean skinned varieties, provided that the russeting does not affect more than 15% of the surface of any pear.  Pears of the normally clean skinned varieties means pears of the following varieties, namely:
Bon Chretien (Duchess or Bartlett);
Beurre D’Anjou;
Clapps Favorite;
Doyenne du Comice;
Howell;
Josephine de Malines;
Packham’s Triumph;
Packham’s Late;
Williams.
Pears of this grade shall be not less than 60 millimetres in diameter.
(8) 	Fancy grade pears shall consist of sound, clean, well-formed pears of 1 size and 1 variety, free from broken skins and not seriously affected by blemishes or by any disease or pest.  The pears may be slightly blemished by Pear Scab fungus or from any other cause whatsoever, provided that the total area covered by all blemishes on any pear does not exceed the area contained in a circle having a diameter of 10 millimetres. Russeting shall not be deemed to be a blemish on pears normally russeted and shall not be deemed to be a blemish on pears of the normally clean skinned varieties, provided that the russeting does not affect more than 30% of the surface of any pear.  Pears of the normally clean skinned varieties means pears of the following varieties, namely:
Bon Chretien (Duchess or Bartlett);
Beurre D’Anjou;
Clapps Favorite;
Doyenne du Comice;
Howell;
Josephine de Malines;
Packham’s Triumph;
Packham’s Late.
Pears of this grade shall be not less than 50 millimetres in diameter.
(9) 	Good grade pears shall consist of pears of 1 size and 1 variety, free from broken skins and not seriously affected by blemishes or by any disease or pest.  The pears may be slightly blemished by Pear Scab fungus or from any other cause, provided that the total area covered by all blemishes on any pear does not exceed the area contained in a circle having a diameter of 15 millimetres; provided further that if the blemishes consist wholly of superficial hail-marks, the total area covered by any such blemishes shall not exceed the area contained in a circle having a diameter of 25 millimetres.  The pears of this grade shall not be less than 50 millimetres in diameter.
(10) 	Domestic grade pears shall consist of pears of 1 size and 1 variety, free from broken skins and not seriously affected by blemishes or by any disease or pest.  The pears may be slightly blemished by Pear Scab fungus or from any other cause, provided that the total area covered by all blemishes on any pear does not exceed the area contained in a circle having a diameter of 20 millimetres; provided further that, if the blemishes consist wholly of superficial hail-marks, the total area covered by any such blemishes shall not exceed the area contained in a circle having a diameter of 40 millimetres.
(11) 	Factory grade pears shall consist of pears which are free from decay and reasonably free from any disease or pest, but which otherwise do not comply with the requirements of the foregoing grades.
18 	Misdescription of contents of case of apples or pears
	No person shall pack for sale any apples or pears in any case bearing any misdescription of the fruit contained in the case.
Penalty:
	(a)	if the offender is a natural person—2 penalty units;
	(b)	if the offender is a body corporate—10 penalty units.
19 	Particulars to be shown when apples or pears sold
(1) 	No person shall pack for sale or sell any apples or pears in a case the volume of which is 18 litres or more unless the exterior of the case is legibly marked with the particulars showing—
	(a)	the name and address of the person or firm by whom the fruit was packed; and
	(b)	the word ‘Apples’ or ‘Pears’ as the case requires; and
	(c)	the name of the variety of the fruit or in the case of apples an abbreviation thereof as specified in Schedule 1; and
	(d)	the grade of the fruit; and
	(e)	the number or size of the fruit contained in the case:
(1A)	However, this subregulation shall not apply in the case of apples or pears forwarded to a factory for manufacturing purposes in a case legibly and indelibly marked ‘for factory use only’.
(2) 	The particulars prescribed by subregulation (1) shall be legibly and indelibly marked—
	(a)	in letters not less than 20 millimetres in height on the case; or
	(b)	in letters not less than 10 millimetres in height on a label affixed to the case.
Penalty:
	(a)	if the offender is a natural person—2 penalty units;
	(b)	if the offender is a body corporate—10 penalty units.
Part 3—Fruit cases
20 	Dimensions of fruit cases
(1) 	A person shall not sell within the Territory, or export from the Territory, fruit packed in a case unless the case is of a description specified in column 1 of Schedule 2 and has the internal dimensions specified in column 2 of that schedule opposite to that description.
(2) 	In this regulation—
case  does not include a bag or sack.
Penalty:
	(a)	if the offender is a natural person—2 penalty units;
	(b)	if the offender is a body corporate—10 penalty units.
23 	Tampering with marks on fruit cases
	No person shall alter or tamper with any case bearing the maker’s name, address and guarantee or deface or alter the maker’s name, address or guarantee which has been placed on a case.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
24 	False marks on fruit cases
(1) 	No person shall place or permit to be placed on a case a guarantee which does not correctly state the size of the case.
(2) 	No person shall place, sell, or export from the Territory, fruit in any case the guarantee on which incorrectly states the size of the case.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
25 	Exception in case of trays etc
	The provisions of this Part shall not apply to—
	(a)	the sale or export of fruit in a tray, basket, cask or bucket or a crate in which there are trays for the fruit; or
	(b)	the export of any fruit which is being exported from Australia.
Part 4—Neglected trees
33 	Neglected trees
	Where any trees have been neglected and uncultivated for a period of 2 years and are, in the opinion of the inspector, by reason of that neglect, likely to spread pest or disease, the inspector may, by notice in writing, require the owner or occupier of the land on which the trees are growing to grub, fell, stack and burn them within the time specified in the notice.
34 	Owner liable for cost of destruction of neglected trees
	If the owner or occupier of the land fails to comply with the requirements of a notice given under regulation 33, the inspector may, at the cost of the owner or occupier, cause the work specified in the notice to be performed.
35 	Destruction of fruit of neglected trees
	The owner or occupier of any land on which neglected or uncultivated trees are growing shall, if the inspector requires him or her so to do, destroy by burning, or by immersion for 10 minutes in boiling water, the fruit of those trees.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
Part 5—Control of codling moth
36 	Prevention of codling moth
(1) 	Every owner and every occupier of land or premises on which any apple, pear or quince tree is growing shall—
	(a)	using a preparation that is an approved insecticide in relation to codling moth, thoroughly spray each tree on the following occasions:
	(i)	a 1st spraying shall be commenced on a date when the tree is at the calyx stage and shall be completed not later than 30 October next following that date;
	(ii)	a 2nd spraying shall be commenced on a date three weeks after the date of completion of the 1st spraying and shall be completed not later than 20 November next following that date;
	(iii)	a 3rd spraying shall be commenced on a date 3 weeks after the date of completion of the 2nd spraying and shall be completed not later than 11 December next following that date;
	(iv)	a 4th spraying shall be completed on a date not later than 8 January next following the date of completion of the 3rd spraying;
	(v)	subsequent sprayings shall be made at intervals of 3 weeks thereafter until all the fruit of the tree is harvested;
	(e)	keep the tree free from loose bark and broken limbs and keep all crevices or cavities in the tree free from the larvae and pupae of codling moth; and
	(f)	destroy by burning all larvae and pupae of codling moth and litter found by, or arising from, the removal of loose bark and broken limbs of the tree and the cleaning of its crevices and cavities; and
	(g)	collect all fallen fruit of the tree at intervals not exceeding 7 days; and
	(h)	remove from the tree, at intervals not exceeding 7 days, all fruit infected with codling moth.
(2) 	Every owner and every occupier of land or premises (including markets, shops and residences) upon which is any fruit of the species mentioned in subregulation (1) which is waste or which is infected with codling moth, shall forthwith treat all such fruit by—
	(a)	immersing it in boiling water for at least 10 minutes; or
	(b)	burning it so as to destroy all eggs and larvae of codling moth; or
	(c)	placing it in a pit provided with a cover having an opening fitted with a lid or door for the purpose of admitting fruit and having a glass window, with a surface area of not less than 1.25 sq. metres, situated not less than 60 cms from the lid or door and so maintain the cover, lid or door, and window as to prevent the escape from the pit of adult codling moths.
Penalty:
	(a)	if the offender is a natural person—5 penalty units;
	(b)	if the offender is a body corporate—25 penalty units.
Part 6—Control of fruit fly
37 	Treatment to eradicate fruit fly
(1) 	Where an inspector, by notice under his or her hand, requires the owner or occupier of land to take measures for the control of fruit fly, the owner or occupier, as the case may be, shall—
	(a)	in relation to each tree or vine growing on the land, being a tree included in a class of trees, or a vine included in a class of vines, specified in the notice—
	(i)	at intervals of not more than 7 days during the appropriate period apply to the foliage of the tree or vine a preparation that is an approved insecticide in relation to fruit fly or a spray, being a spray approved by an inspector that is as effectual for the control of fruit fly as any preparation that is an approved insecticide in relation to fruit fly; and
	(ii)	at intervals of not more than 3 days during the appropriate period remove from the tree or vine the fruit that is infected with fruit fly; and
	(iii)	at intervals of not more than 3 days during the appropriate period collect the fruit that has fallen from the tree or vine and treat, in a manner specified in subregulation (3A) of this regulation, any fruit so collected that is waste fruit; and
	(b)	in relation to each nectarine, peach or quince tree (if any) growing on the land—remove all nectarines, peaches or quinces, as the case may be, from the tree not later than 31 March next following the receipt of the notice; and
	(c)	in relation to each loquat tree (if any) growing on the land—remove all loquats from the tree not later than 31 October next following the receipt of the notice.
(2) 	In subregulation (1)—
the appropriate period, in relation to a tree included in a class of trees, or a vine included in a class of vines, specified in a notice under that subregulation, means the period specified in that notice as the period during which measures for the control of fruit fly are to be taken in relation to that class of trees or vines, as the case may be.
(3A) 	Where fruit infected with fruit fly is upon any land or premises, the owner or occupier of the land or premises shall forthwith treat the fruit by—
	(a)	immersing it in boiling water for not less than 10 minutes; or
	(b)	burning it so as to destroy the eggs and larvae of fruit fly that are in or on the fruit; or
	(c)	placing it in a covered pit—
	(i)	the cover of which has an opening fitted with a lid or door, for the purpose of placing fruit in the pit, and a glass window, not less than 1.25 sq. metres in area, situated not less than 60 cms from the lid or door; and
	(ii)	which is kept so covered that adult fruit flies in the pit are prevented from escaping from the pit.
(3B) 	Where an inspector, by notice under his or her hand, requires the owner or occupier of a market or shop to take, during a period specified in the notice, measures for the control of fruit fly and there is, at any time during that period, waste fruit upon the market or shop, the owner or occupier, as the case may be, shall forthwith treat that waste fruit in a manner specified in subregulation (3A).
(4) 	A person shall not, during the period commencing on 1 October in any year and ending on 30 April in the succeeding year, import any fruit into the Territory from any district declared in pursuance of the law of any State, to be a fly-infected district unless—
	(a)	he or she produces to an inspector a certificate signed by the officer thereto authorised under the law of the State from which it is sought to import the fruit, that he or she has inspected the fruit and that it is free from infection of fruit fly; and
	(b)	the covering or package which contains the fruit is legibly marked with the name and address of the person or firm by whom or by which the fruit was packed.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
Part 6A—Control of aphididae and fungi
37A 	Treatment to eradicate aphididae and fungi
	Every owner and every occupier of land or premises on which any peach, nectarine, almond, cherry or apricot tree is growing shall—
	(a)	when the trees are completely dormant, thoroughly spray the tree with a mixture of tar distillate and water mixed in a proportion of 5 litres tar distillate to 160 litres of water; and
	(b)	when the buds on the tree are beginning to swell, but not less than 4 weeks after the tree has been sprayed with the mixture of tar distillate and water, thoroughly spray the tree with bordeaux mixture.
Penalty:
	(a)	if the offender is a natural person—5 penalty units;
	(b)	if the offender is a body corporate—25 penalty units.

Part 7—Miscellaneous
39 	Discharge of liability of owner and occupier
	Where, by or in pursuance of any provision of these regulations, both the owner and the occupier of any land, premises, orchard or nursery, are required to do any act or thing, or to comply with any requirement, compliance by either of them with the provision or requirement shall be deemed to be compliance by both.

	SCHEDULE 1	(See regs 17 and 19)
	Abbreviated description 	Minimum 
diameter, 	Minimum percentage of colour characteristic of the variety required for each apple		
Variety of apple	of variety 
(if any)	in millimetres, 
of each apple	Extra Fancy Grade	Fancy Grade	
Aitkens		AS. 		57	..	..
Adams Pearmain		A.PM. 		57	30	10
Alexander 		ALX.		57	30	10
Alfriston 		ALF. 		57	..	..
Allsops Early 		ALLSOP. 		57	..	..
Aromatic		ARO. 		57	50	20
Australian Beauty 		A.B. 		57	50	20
Ben Davis		BEN. D. 		57	30	15
Buncombe 		BUN. 		57	50	20
Charles Ross		C.R. 		57	30	10
Cleopatra	 	CLEO. 		57	..	..
Coleman 		CMN. 		57	50	20
Commerce		COM. 		57	50	20
Coxs Orange Pippin 	 	C.O.P. 		51	30	5
Crofton	 	CROF. 		51	50	20
Crow Egg	 	C.E. 		57	30	10
Delicious 		DEL. 		57	50	20
Democrat 		DEM. 		57	70	35
Dougherty	 	DHTY. 		54	40	20
Duke of Clarence		D.C. 		57	70	35
Dunns		DUNNS 		57	..	..
Edna May 		E.M. 		57	50	20
Elsie Grant 		E.G. 	 	54	40	20
French Crab		F.C. 		51	70 green 	..
					colour
Foster		FO. 		57	50	20
Geeveston Fanny		G.F. 		54	50	10
Golden Delicious		G.D. 		57	..	..
Granny Smith		G.S. 		57	..	..
Gravenstein		GRAV. 		57	..	..
Grimes Golden		G.G. 		57	..	..
Hoover		HOOV. 		57	50	30
Huon Belle		H.B. 		57	30	15
Irish Peach		I.P. 		57	20	10
Jonathan		JON. 		54	50	20
Jubilee		JUB. 		57	50	20
King Cole		K. COLE 		57	50	20
King David		K.D. 		54	70	35
King Pippin 		K.P. 		54	30	10
Kirks Carrington		K.CAR. 		54	50	20
London Pippin		L.P. 		57	..	..
Lord Nelson		L.N. 		57	..	..
Lord Suffield		L.SF. 		57	..	..
Lord Wolseley		L.W. 		54	..	..
McIntosh Red		Mc.R. 		57	70	35
Mammoth		MAM. 		57	..	..
Mobbs Codlin		M.C. 		64	..	..
Newtown Pippin		N.T.P. 		57	..	..
Nickajack		NJ. 		57	30	10
Northern Spy		N.S. 		57	30	10
Perfection 		PERFN. 		57	50	20
Prince Alfred		P.A. 		64	30	10
Pomme de Neige		P.D.N. 		54	30	10
Ranelagh		RAN. 		57	30	10
Reinette du Canada 		R.D.C. 		57	..	..
Red Carrington		R.CAR. 		54	40	10
Ribston Pippin		R.P. 		57	..	..
Rokewood		ROKE. 		54	40	20
Rome Beauty		R.B. 		57	30	10
Rymer		RYM. 		57	25	10
Senator		SEN. 		57	30	10
Strawberry Pippin		STRAW. 		57	30	10
Spitzenburg		SPTZ. 		57	40	15
Scarlet 		S.PM. 		54	50	20
Schroeder 		SCH. 		57	..	..
Statesman		STN. .		57	30	10
Stayman Winesap		STAY.W. 		57	30	10
Stone Pippin 		S.P. .		54	..	..
Sturmer		ST.P. 		54	..	..
Stewarts		..  		64	..	..
Tasmans Pride		T.P. .		54	50	20
Twenty Ounce		T.O. 		57	..	..
Wellington		WELL. 		57	..	..
White Winter Pearmain	W.W.P. 		57	..	..
Willie Sharp		W.S. .		57	..	..
Winter Majetin 	 	W.M. .		57	20	10
Worcester Pearmain 		W.PM. 		54	50	20
Yates		YATES 		51	50	20
Any other variety		..   		57	..	..

	SCHEDULE 2	(See reg 20)
Column 1	Column 2	
Description of case	Internal dimensions in millimetres	
  1.	Dump package  		450 x 220 x 360
  2.	Local market package  		430 x 280 x 305
  3.	Australian tray pack  		500 x 300 x 275
  4.	Standard package  		450 x 290 x 270
  5.	Cell Pack W  		465 x 305 x 305
  6.	Cell Pack X  		525 x 280 x 300
  7.	Cell Pack Y  		480 x 320 x 275
  8.	Cell Pack Z  		525 x 315 x 255
  9.	Cell Pack 80  		410 x 320 x 335
10.	Half dump package  		450 x 215 x 180
11.	Standard tray  		450 x 290 x 100
12.	Australian pear carton  		430 x 290 x 235
13.	Half standard package  		450 x 290 x 135
14.	Banana case  		450 x 305 x 260
15.	Banana carton  		465 x 325 x 220
16.	Cherry package  		350 x 260 x 100
17.	Citrus package  		415 x 270 x 260
18.	Half citrus package  		370 x 230 x 175
19.	Tropical case  		630 x 305 x 305
20.	Pineapple package  		530 x 350 x 240
21.	Grape package  		450 x 360 x 150
22.	Standard pear package  		450 x 290 x 215
23.	Half peach package  		450 x 270 x 145
24.	Volume fill tomato carton  		450 x 280 x 165
25.	Berry punnet—
	top  		100 x 100
	bottom  		85 x 85
	depth  		45

ENDNOTES
1	About this republication
This is a republication of the Plant Diseases Regulations as in force under the Plant Diseases Act 1934 on 31 July 1999.  It includes all amendments made to the regulations up to Subordinate Law 1996 No 8.
Amending laws are annotated in the table of legislation and table of amendments.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of this republication appears on the cover.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have not been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	About the republished subordinate law
The Plant Diseases Regulations were originally made under the Plant Diseases Ordinance 1934  (now the Plant Diseases Act 1934). 
3	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

4	Table of legislation
Subordinate law*	Year and number*	Gazette
notification	Commencement	Transitional provisions	
Plant Diseases Regulations	—	17 Feb 1938	17 Feb 1938		
	—	21 Apr 1938	21 Apr 1938	reg 5	
	—	22 Dec 1938	22 Dec 1938	reg 3 (2)	
	1955 No 5	12 May 1955	12 May 1955	—	
	1957 No 4	13 June 1957	13 June 1957	—	
	1959 No 20	31 Dec 1959	31 Dec 1959	—	
	1978 No 6	4 May 1978	4 May 1978	—	
	1979 No 26	29 Nov 1979	29 Nov 1979	—	
	1996 No 8	6 June 1996	6 June 1996	—
	
5	Table of amendments

Provision	How affected*

reg 2	am regs notfd 22 December 1938
	sub 1957 No 14
	om 1978 No 6
reg 3	am 1955 No 5; 1957 No 4; 1978 No 6
regs 4, 5	am 1996 No 8
reg 6	am 1978 No 6; 1996 No 8; R2 (LR s 15(1)(e))
reg 7	am 1996 No 8
reg 8	am 1978 No 6; No 8, 1996 
reg 9	am regs notfd 22 December 1938; 1978 No 6; 1979 No 26; 1996 No 8
reg 10 	am 1996 No 8
reg 11	am 1978 No 6; 1996 No 8; R2 (LR s 15(1)(e))
regs 12-14	am 1978 No 6; 1996 No 8
reg 15	am 1996 No 8
reg 16	am 1978 No 6; 1996 No 8
reg 17	am 1978 No 6; 1979 No 26; 1996 No 8
reg 18	am 1996 No 8
reg 19	am 1978 No 6; 1996 No 8; R2 (LR s 15(1)(e))
reg 20	sub 1976 No 6
	am 1996 No 8
regs 21, 22	om regs notfd 22 December 1938
regs 23, 24	am 1996 No 8
hdg to pt 4	sub 1957 No 4
reg 26	om 1957 No 4
reg 27	am regs notfd 21 April and 22 December 1938; 1955 No 5
	om 1957 No 4
reg 28	om 1957 No 4

reg 29	am regs notfd 21 April and 22 December 1938; 1955 No 5
	om 1957 No 4
regs 30, 31	om regs notfd 22 December 1938
reg 32	am regs notfd 22 December 1938; 1955 No 5
	om 1957 No 4
reg 32A	ins regs notfd 22 December 1938
	am 1955 No 5
	om 1957 No 4
regs 33, 34	am 1959 No 20
reg 35	am 1996 No 8
reg 36	am 1957 No 4; 1978 No 6; 1979 No 26; 1981 No 7; 1996 No 8
reg 37	am regs notfd 22 December 1938; 1957 No 4; 1978 No 6; 1979 No 26; 1981 No 7; 1996 No 8
pt 6A (reg 37A)	ins regs notfd 22 December 1938
reg 37A	ins regs notfd 22 December 1938
	am 1978 No 6; 1996 No 8
reg 38	am 1978 No 6
	om 1996 No 8
reg 40	om 1981 No 7
1st, 2nd sch 	sub 1978 No 6
3rd sch	om 1957 No 4
4th sch	am regs notfd 21 April and 22 December 1938; 1955 No 5; 1957 No 4
	om 1959 No 20

6	Table of earlier republications
Republication No	Amendments  to	Republication date	
(1)	SL 1979 No 26	31 October 1991	
2	SL 1996 No 8	31 July 1999	

©  Australian Capital Territory 1999

The Copyright Act 1968 of the Commonwealth permits certain reproduction and publication of this legislation.  For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Government Printer, c/o Information Management and Libraries, Department of Urban Services, ACT Government, GPO Box 158, Canberra City ACT 2601.