The Horticulture Code

In May 2007 a new mandatory code of conduct was introduced by the Commonwealth Government to help clarify transactions between growers of fresh fruit and vegetables and wholesalers. It can be enforced by the Australian Competition & Consumer Commission under the Trade Practices Act.

An overview of the Code is available at its website: www.accc.gov.au

Key requirements of the code are that:

All traders have to make a document publicly available setting out the general terms on which they will trade with growers.
Growers and wholesalers use written Horticulture Produce Agreements. While the agreement can contain terms that are unique to the parties’ situation, the Code sets out some minimum requirements as to what must be included in the agreement.
Wholesalers are clearly identified as either agents
or merchants.
Wholesalers provide written transaction information to growers.
Independent assessment is available on transactions.
Low cost mediation is available if disputes arise. Visit the Horticulture Mediation Adviser website www.hortcodema.com.au for more information about this service.

The code is administered by the Australian Competition and Consumer Commission. For further details on the code of conduct visit the Australian Competition and Consumer Commission or call the ACCC Infocentre on 1300 302 502.

Information on the code is also available on the Department of Agriculture, Fisheries and Forestry website.