Australian Capital Territory
Plant Diseases Regulations 1938     No 8
made under the
Plant Diseases Act 1934
Republication No 3
Republication date: 23 July 2002
Last amendment made by Act 2001 No 44
Amendments incorporated to 12 September 2001

Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication
The republished law
This is a republication of the Plant Diseases Regulations 1938, made under the Plant Diseases Act 1934, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes), as in force on 23 July 2002.  It also includes any amendment, repeal or expiry affecting the republished law to 12 September 2001.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
12 September 2001

Australian Capital Territory
Plant Diseases Regulations 1938
made under the
Plant Diseases Act 1934
Contents
	Page
Part 1	Preliminary
	1	Name of regulations	2
	3	Definitions for regulations	2
Part 2	Sale of fruit and vegetables
	4	Weekly destruction of waste and infected fruit	4
	5	Prohibition of topping	4
	6	Limitation on sale of fruit in bag or sack	4
	7	Contents of trays, baskets etc to be shown	4
	8	Sale of apricots, peaches and nectarines	5
	9	Sale of potatoes	5
	10	Containers of potatoes	7
	11	Particulars to be shown when potatoes sold	7
	12	Sale of tomatoes	8
	13	Tomatoes for manufacturing purposes	9
	14	Sale of cherries, plums and quinces	9
	15	Sale of grapes	10
	16	Particulars to be shown when grapes sold	10
	17	Grades of apples and pears	10
	18	Misdescription of contents of case of apples or pears	14
	19	Particulars to be shown when apples or pears sold	15
Part 3	Fruit cases
	20	Dimensions of fruit cases	16
	23	Tampering with marks on fruit cases	16
	24	False marks on fruit cases	16
	25	Exception in case of trays etc	16
Part 4	Neglected trees
	33	Neglected trees	17
	34	Owner liable for cost of destruction of neglected trees	17
	35	Destruction of fruit of neglected trees	17
Part 5	Control of codling moth
	36	Prevention of codling moth	18
Part 6	Control of fruit fly
	37	Treatment to eradicate fruit fly	20
Part 6A	Control of aphididae and fungi
	37A	Treatment to eradicate aphididae and fungi	23
Part 7	Miscellaneous
	39	Discharge of liability of owner and occupier	24
Schedule 1		25
Schedule 2		31
Endnotes
	1	About the endnotes	33
	2	Abbreviation key	33
	3	Legislation history	34
	4	Amendment history	35
	5	Earlier republications	38

Amendments incorporated to
12 September 2001

Australian Capital Territory
Plant Diseases Regulations 1938     

made under the
Plant Diseases Act 1934

    

  

Part 1	Preliminary
1	Name of regulations
These regulations are the Plant Diseases Regulations 1938.
3	Definitions for regulations
In these regulations:
Note 	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
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 that attack cultivated and native fruits and that 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 that for any reason is not intended to be used for human or animal consumption, or that is infected with disease or pest.

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.
Maximum penalty:  10 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.
Maximum penalty:  5 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 9L or more.
	(2)	However, this regulation shall not apply to sales of fruit for manufacturing purposes.
Maximum penalty:  2 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 in it.
Maximum penalty:  2 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 18L 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 20mm in height on the case; or
	(b)	in letters not less than 10mms in height on a label attached to the case.
Maximum penalty:  5 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;
	(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, if a docket relating to the sale is given to the customer, shall endorse on the docket the grade of potatoes sold.
	(2)	No 1 grade shall consist of sound potatoes that 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 90g.
	(3)	No 2 grade shall consist of potatoes that 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 45g but less than 105g in weight.
	(4)	New potato grade shall consist of potatoes that 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 ACT that, 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 45g in weight.
	(6)	Seed potato grade shall consist of sound potatoes that 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 35g in weight.
	(7)	Potatoes in any covering that are sold, or offered for sale, shall be deemed to comply with the standard of the grade in that they are sold or offered for sale if 95% by weight of the potatoes in the covering comply with that standard.
Maximum penalty:  5 penalty units.
10	Containers of potatoes
No person shall, except for 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 that has not previously contained organic manure or other substances that would be injurious to potatoes.
Maximum penalty:  2 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, 50kg, unless each covering in which the potatoes are contained is legibly marked on the exterior in letters not less than 50mm in height with particulars showing—
	(a)	for 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)	for potatoes that 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’.
Maximum penalty:  2 penalty units.
12	Sale of tomatoes
	(1)	No person shall pack for sale or sell, in any case the volume of which is 18L or more, any tomatoes, other than 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 25mm; 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, if the tomatoes have been repacked, with the words ‘repacked by’ after that name and address.
Maximum penalty:
	(a)	for paragraph (a) or (b):  5 penalty units; and
	(b)	for paragraph (c):  2 penalty units.
	(2)	The particulars prescribed by subregulation (1) (c) shall be legibly marked—
	(a)	in letters not less than 20mm in height on the case; or
	(b)	in letters not less than 10mm in height on a label attached to the case.
Maximum penalty:  2 penalty units.
13	Tomatoes for manufacturing purposes
	(1)	No person shall pack for sale or sell, in any case the volume of which is 18L 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 subregulation (1) (b) shall be legibly marked—
	(a)	in letters not less than 20mm in height on the case; or
	(b)	in letters not less than 10mm in height on a label attached to the case.
Maximum penalty:  5 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 9L 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 20mm in height on the case; or
	(b)	in letters not less than 10mm in height on a label attached to the case.
Maximum penalty:  2 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.
Maximum penalty:  5 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 20mm in height on the case; or
	(b)	in letters not less than 10mm in height on a label attached to the case.
Maximum penalty:  2 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.
Maximum penalty:  5 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 the 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 the blemishes on any apple does not exceed the area contained in a circle, having a diameter of 10mm. 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 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 the blemishes do not exceed 10% by number of the total number of apples in any package and provided that the total area covered by the blemishes on any apple does not exceed the area contained in a circle having a diameter of 10mm.  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 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 10mm; provided further that, if the blemishes consist wholly of superficial hail-marks, the total area covered by the blemishes on any apple shall not exceed the area contained in a circle having a diameter of 15mm.  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 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 20mm; 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 40mm.  The apples of this grade shall comply with the minimum size requirements specified for each variety of apple of this grade in schedule 1.
	(6)	Factory grade apples shall consist of apples that are free from decay, and reasonably free from any disease or pest, but that 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 the 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 the blemishes on any pear does not exceed the area contained in a circle having a diameter of 10mm.  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 60mm 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 10mm.  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 50mm 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 15mm; provided further that if the blemishes consist wholly of superficial hail-marks, the total area covered by the blemishes shall not exceed the area contained in a circle having a diameter of 25mm.  The pears of this grade shall not be less than 50mm 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 20mm; provided further that, if the blemishes consist wholly of superficial hail-marks, the total area covered by the blemishes shall not exceed the area contained in a circle having a diameter of 40mm.
	(11)	Factory grade pears shall consist of pears that are free from decay and reasonably free from any disease or pest, but that 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.
Maximum penalty:  2 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 that is 18L 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’; and
	(c)	the name of the variety of the fruit or, for apples, an abbreviation 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:
	(2)	However, subregulation (1) shall not apply to apples or pears forwarded to a factory for manufacturing purposes in a case legibly and indelibly marked ‘for factory use only’.
	(3)	The particulars prescribed by subregulation (1) shall be legibly and indelibly marked—
	(a)	in letters not less than 20mm in height on the case; or
	(b)	in letters not less than 10mm in height on a label attached to the case.
Maximum penalty:  2 penalty units.

Part 3	Fruit cases
20	Dimensions of fruit cases
	(1)	A person shall not sell within the ACT, or export from the ACT, fruit packed in a case unless the case is of a description specified in schedule 2, column 2 and has the internal dimensions specified in that schedule, column 3 opposite to that description.
	(2)	In this regulation:
case does not include a bag or sack.
Maximum penalty:  2 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 that has been placed on a case.
Maximum penalty:  10 penalty units.
24	False marks on fruit cases
	(1)	No person shall place or permit to be placed on a case a guarantee that does not correctly state the size of the case.
	(2)	No person shall place, sell, or export from the ACT, fruit in any case the guarantee that incorrectly states the size of the case.
Maximum penalty:  10 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 that is being exported from Australia.

Part 4	Neglected trees
33	Neglected trees
If any trees have been neglected and uncultivated for a period of 2 years and are, in the opinion of the inspector, because of that neglect, likely to spread pest or disease, the inspector may, by written notice, 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 where 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.
Maximum penalty:  10 penalty units.

Part 5	Control of codling moth
36	Prevention of codling moth
	(1)	Every owner and every occupier of land or premises where 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 begin 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 begin on a date 3 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 begin 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 afterwards until all the fruit of the tree is harvested;
	(b)	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
	(c)	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
	(d)	collect all fallen fruit of the tree at intervals not exceeding 7 days; and
	(e)	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) on which is any fruit of the species mentioned in subregulation (1) that is waste or that is infected with codling moth, shall forthwith treat all the 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 1.25m2, situated not less than 60cm from the lid or door and so maintain the cover, lid or door, and window to prevent the escape from the pit of adult codling moths.
Maximum penalty:  5 penalty units.

Part 6	Control of fruit fly
37	Treatment to eradicate fruit fly
	(1)	If an inspector, by signed notice, requires the owner or occupier of land to take measures for the control of fruit fly, the owner or occupier, 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 way specified in subregulation (3), 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, 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.
	(3)	If fruit infected with fruit fly is on 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 1.25m2 in area, situated not less than 60cm from the lid or door; and
	(ii)	that is kept so covered that adult fruit flies in the pit are prevented from escaping from the pit.
	(4)	If an inspector, by signed notice, 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 on the market or shop, the owner or occupier shall forthwith treat that waste fruit in a way specified in subregulation (3).
	(5)	A person shall not, during the period beginning on 1 October in any year and ending on 30 April in the succeeding year, import any fruit into the ACT from any district declared under 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 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 that contains the fruit is legibly marked with the name and address of the person or firm by whom or by that the fruit was packed.
Maximum penalty:  10 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 where 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 5L tar distillate to 160L 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.
Maximum penalty:  5 penalty units.

Part 7	Miscellaneous
39	Discharge of liability of owner and occupier
If, by or under 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 reg 17 and reg 19)
Table 1	
column 1
item	column 2
Variety of apple	column 3
abbreviated description of variety (if any)	column 4
minimum diameter in mm, of each apple	column 5 
minimum percentage of colour characteristic of the variety required for each apple	
				Extra Fancy Grade	Fancy Grade	
1	Aitkens	AS	57			
2	Adams Pearmain	A.PM.	57	30	10	
3	Alexander	ALX	57	30	10	
4	Alfriston	ALF	57			
5	Allsops Early	ALLSOP	57			
6	Aromatic	ARO	57	50	20	
7	Australian Beauty	A.B.	57	50	20	
8	Ben Davis	BEN. D.	57	30	15	
9	Buncombe	BUN.	57	50	20	
10	Charles Ross	C.R.	57	30	10	
11	Cleopatra	CLEO	57			
12	Coleman	CMN	57	50	20	
13	Commerce	COM	57	50	20	
14	Coxs Orange Pippin	C.O.P.	51	30	5	
15	Crofton	CROF.	51	50	20	
16	Crow Egg	C.E.	57	30	10	
17	Delicious	DEL	57	50	20	
18	Democrat	DEM	57	70	35	
19	Dougherty	DHTY	54	40	20	
20	Duke of Clarence	D.C.	57	70	35	
21	Dunns	DUNNS	57			
22	Edna May	E.M.	57	50	20	
23	Elsie Grant	E.G.	54	40	20	
24	French Crab	F.C.	51	70 green colour		
25	Foster	FO.	57	50	20	
26	Geeveston Fanny	G.F.	54	50	10	
27	Golden Delicious	G.D.	57			
28	Granny Smith	G.S.	57			
29	Gravenstein	GRAV.	57			
30	Grimes Golden	G.G.	57			
31	Hoover	HOOV.	57	50	30	
32	Huon Belle	H.B.	57	30	15	
33	Irish Peach	I.P.	57	20	10	
34	Jonathan	JON	54	50	20	
35	Jubilee	JUB.	57	50	20	
36	King Cole	K. COLE	57	50	20	
37	King David	K.D.	54	70	35	
38	King Pippin	K.P.	54	30	10	
39	Kirks Carrington	K.CAR.	54	50	20	
40	London Pippin	L.P.	57			
41	Lord Nelson	L.N.	57			
42	Lord Suffield	L.SF.	57			
43	Lord Wolseley	L.W.	54			
44	McIntosh Red	Mc.R.	57	70	35	
45	Mammoth	MAM.	57			
46	Mobbs Codlin	M.C.	64			
47	Newtown Pippin	N.T.P.	57			
48	Nickajack	NJ.	57	30	10	
49	Northern Spy	N.S.	57	30	10	
50	Perfection	PERFN	57	50	20	
51	Prince Alfred	P.A.	64	30	10	
52	Pomme de Neige	P.D.N.	54	30	10	
53	Ranelagh	RAN.	57	30	10	
54	Reinette du Canada	R.D.C.	57			
55	Red Carrington	R.CAR.	54	40	10	
56	Ribston Pippin	R.P.	57			
57	Rokewood	ROKE.	54	40	20	
58	Rome Beauty	R.B.	57	30	10	
59	Rymer	RYM.	57	25	10	
60	Senator	SEN.	57	30	10	
61	Strawberry Pippin	STRAW	57	30	10	
62	Spitzenburg	SPTZ.	57	40	15	
63	Scarlet	S.PM.	54	50	20	
64	Schroeder	SCH.	57			
65	Statesman	STN	57	30	10	
66	Stayman Winesap	STAY.W.	57	30	10	
67	Stone Pippin	S.P.	54			
68	Sturmer	ST.P.	54			
69	Stewarts		64			
70	Tasmans Pride	T.P.	54	50	20	
71	Twenty Ounce	T.O.	57			
72	Wellington	WELL.	57			
73	White Winter Pearmain	W. W.P.	57			
74	Willie Sharp	W.S.	57			
75	Winter Majetin	W.M.	57	20	10	
76	Worcester Pearmain	W.PM.	54	50	20	
77	Yates	YATES	51	50	20	
78	Any other variety		57			

Schedule 2	  
(see reg 20)

column 1
item	column 2
description of case	column 3
internal dimensions in mm	
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 the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	s = section/subsection	
LR = legislation register	sch = schedule	
LRA = Legislation (Republication) Act 1996	sdiv = subdivision	
mod = modified / modification	sub = substituted	
No = number	SL  = Subordinate Law	
num = numbered	underlining = whole or part not commenced	
o = order	or to be expired	
om = omitted/repealed		
3	Legislation history
These regulations were originally called the Plant Diseases Regulations and were originally made under a Commonwealth ordinance—the Plant Diseases Ordinance 1934 No 21 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT, and the regulations made under them, into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. The Plant Diseases Ordinance 1934 and the Plant Diseases Regulations were converted into ACT enactments on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name of the ordinance was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
These regulations were renamed as the Plant Diseases Regulations 1938 under the Legislation Act 2001.
Before 12 September 2001, regulations commenced on their notification day unless otherwise stated (see Interpretation Ordinance 1914 s 5, Interpretation Ordinance 1937 s 16, Subordinate Laws Act 1989 s 6).
	Legislation before becoming Territory enactment
Plant Diseases Regulations 1938
notified 17 February 1938
commenced 17 February 1938
as amended by
Amendment of Plant Diseases Regulations, made 14 April 1938
notified 21 April 1938
commenced 21 April 1938
Amendment of Plant Diseases Regulations, made 16 December 1938
notified 22 December 1938
commenced 22 December 1938
Amendments of Plant Diseases Regulations 1955 No 5
notified 12 May 1955
commenced 12 May 1955
Amendments of Plant Diseases Regulation 1957 No 4
notified 13 June 1957
commenced 13 June 1957
Amendments of Plant Diseases Regulations 1959 No 20
notified 31 December 1959
commenced 31 December 1959
Amendments of Plant Diseases Regulations 1978 No 6
notified 4 May 1978
commenced 4 May 1978
Regulations to revise regulations in force under ordinances of the ACT 1979 No 26
notified 29 November 1979
commenced 29 November 1979
	Legislation after becoming Territory enactment
Regulations Revision (Penalties) Regulations 1996 No 8
notified 6 June 1996
commenced 6 June 1996
Legislation (Consequential Amendments) Act 2001 No 44 pt 284
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 284 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
4	Amendment history
Name of regulations
reg 1 hdg	am R3 LA
reg 1	am R3 LA
Parts
reg 2	am regs notfd 22 December 1938
	sub 1957 No 14
	om 1978 No 6
Definitions for regulations
reg 3	am 1955 No 5; 1957 No 4; 1978 No 6; Act 2001 No 44 amdt 1.3182, amdt 1.3183
Weekly destruction of waste and infected fruit
reg 4	am 1996 No 8
Prohibition of topping
reg 5	am 1996 No 8
Limitation on sale of fruit in bag or sack
reg 6	am 1978 No 6; 1996 No 8; R2 LRA
Contents of trays, baskets etc to be shown
reg 7	am 1996 No 8
Sale of apricots, peaches and nectarines
reg 8	am 1978 No 6; 1996 No 8
Sale of potatoes
reg 9	am regs notfd 22 December 1938; 1978 No 6; 1979 No 26; 1996 No 8
Containers of potatoes
reg 10 	am 1996 No 8
Particulars to be shown when potatoes sold
reg 11	am 1978 No 6; 1996 No 8; R2 LRA
Sale of tomatoes
reg 12	am 1978 No 6; 1996 No 8
Tomatoes for manufacturing purposes
reg 13	am 1978 No 6; 1996 No 8
Sale of cherries, plums and quinces
reg 14	am 1978 No 6; 1996 No 8
Sale of grapes
reg 15	am 1996 No 8
Particulars to be shown when grapes sold
reg 16	am 1978 No 6; 1996 No 8
Grades of apples and pears
reg 17	am 1978 No 6; 1979 No 26; 1996 No 8
Misdescription of contents of case of apples or pears
reg 18	am 1996 No 8
Particulars to be shown when apples or pears sold
reg 19	am 1978 No 6; 1996 No 8; R2 LRA; regs renum R3 LA
Dimensions of fruit cases
reg 20	sub 1976 No 6
	am 1996 No 8

reg 21	om regs notfd 22 December 1938

reg 22	om regs notfd 22 December 1938
Tampering with marks on fruit cases
reg 23	am 1996 No 8
False marks on fruit cases
reg 24	am 1996 No 8
Neglected trees
pt 4 hdg	sub 1957 No 4
Orchards and nurseries to be registered
reg 26	om 1957 No 4
Method of registration
reg 27	am regs notfd 21 April and 22 December 1938; 1955 No 5
	om 1957 No 4
Times for registration
reg 28	om 1957 No 4
Certificate of registration
reg 29	am regs notfd 21 April and 22 December 1938; 1955 No 5
	om 1957 No 4

reg 30	om regs notfd 22 December 1938

reg 31	om regs notfd 22 December 1938
Disposal of orchard or nursery to be notified
reg 32	am regs notfd 22 December 1938; 1955 No 5
	om 1957 No 4
Further particulars of orchards
reg 32A	ins regs notfd 22 December 1938
	am 1955 No 5
	om 1957 No 4
Neglected trees
reg 33	am 1959 No 20
Owner liable for cost of destruction of neglected trees
reg 34	am 1959 No 20
Destruction of fruit of neglected trees
reg 35	am 1996 No 8
Prevention of codling moth
reg 36	am 1957 No 4; 1978 No 6; 1979 No 26; 1981 No 7; 1996 No 8; pars renum R3 LA
Treatment to eradicate fruit fly
reg 37	am regs notfd 22 December 1938; 1957 No 4; 1978 No 6; 1979 No 26; 1981 No 7; 1996 No 8; regs renum R3 LA
Control of aphididae and fungi
pt 6A hdg	ins regs notfd 22 December 1938
Treatment to eradicate aphididae and fungi
reg 37A	ins regs notfd 22 December 1938
	am 1978 No 6; 1996 No 8
Offences
reg 38	am 1978 No 6
	om 1996 No 8
Repeal
reg 40	om 1981 No 7
Schedule 1
sch 1	sub 1978 No 6
Schedule 2
sch 2	sub 1978 No 6
Schedule 3
sch 3	om 1957 No 4
Schedule 4
sch 4	am regs notfd 21 April and 22 December 1938; 1955 No 5; 1957 No 4
	om 1959 No 20
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	SL 1981 No 7	31 October 1991	
2	SL 1996 No 8	31 July 1999	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002