The Horticulture Code of Conduct regulates trade between Growers and traders and provides fair and equitable dispute resolution procedures.
- A Grower and trader must have a Horticulture Produce Agreement (HPA) in place
- Traders must publish their Terms of Trade
- A trader and Grower must deal in good faith
- Merchants must explain how price will be calculated
- Growers and traders must keep certain records
- There are Penalties for breaching certain sections of the Code
- The Code provides a process for dispute resolution.
Requirements of the Code for Growers
There are several specific obligations for Growers. These requirements are listed below.
- A grower must not trade in horticulture produce with a trader unless the grower has a HPA in place with the trader.
- HPAs must be in writing and accepted by the parties to that agreement either by signing the document or by providing written notice of acceptance. Written notice can include email.
- Growers and traders may use any dispute resolution procedures they choose to resolve horticulture disputes that may arise between them. However, if a dispute is progressed in accordance with the Code, all parties must participate in the dispute resolution process.
- If a formal mediation process begins, the parties must attend mediation with the aim of resolving the dispute.
- Parties to a dispute must comply with reasonable requests made by a Horticulture Produce Assessor.
- Growers must keep the prescribed records identified in the Code, including details of any trader that the Grower deals with, for a minimum of six years.
- Growers must retain a copy of all HPAs entered into or agreed to, and any copy of the written termination of an HPA for a minimum of six years.
- Growers must always deal with traders in good faith.
Note: These are specific requirements under the Code. Failing to meet these obligations could result in monetary penalties being imposed.
News, Videos & Publications
Select a filter tab to find out more