Template horticulture produce agreements and the Horticulture Code

Template horticulture product agreements have been prepared by a number of the fruit and vegetable chambers and central markets and, separately, by some grower organisations. 

The ACCC has worked with the fruit and vegetable chambers and central markets including Fresh State, Brismark, New South Wales Fruit and Vegetable Industries Limited and the Chamber of Fruit and Vegetable Industries in Western Australia to identify and amend particular provisions of the template agreements that might risk contravening the Horticulture Code and the Trade Practices Act. 

While the various chambers and central markets have amended their templates to address the concerns raised by the ACCC, the ACCC has not endorsed any of the chambers’ or grower associations’ template agreements.

It is important to understand that the courts are the final arbiter of whether or not a particular horticulture produce agreement is compliant with the Horticulture Code and the Trade Practices Act.