retailers—persons buying the grower’s produce for retail sale
exporters—persons buying the grower’s produce for export
processors—persons buying the grower’s produce and processing it.
The Horticulture Code also does not apply to a written agreement entered into before 15 December 2006 unless the agreement is varied on or after 14 May 2007 (an agreement is varied if it is amended, extended or transferred). The Horticulture Code will apply to any trade that takes place after the agreement has been varied.
Key parts of the Horticulture Code
The Horticulture Code has 3 key aspects:
1. Terms of trade
The Horticulture Code requires that all traders, whether trading as agents or merchants, prepare, publish and make publicly available a document that sets out the general terms and conditions under which they will trade with growers of horticulture produce. The Code also specifies what must be included in a terms of trade document.
The Horticulture Code requires that a trader and grower enter into a written horticulture produce agreement signed by both parties before they trade in horticulture produce with each other. The code sets out the minimum requirements for what must be included in a horticulture produce agreement. However, a horticulture produce agreement can also contain terms that are unique to the parties' situation.
We do not provide or endorse template horticulture produce agreements. You should seek professional advice from your industry association and or legal adviser if you need help preparing a horticulture produce agreement.
provides mediators for resolving disputes using the dispute resolution procedure set out in the Code
maintains a list of horticulture produce assessors who may be called upon by the parties or a mediator to provide a report on any matter arising under a horticulture produce agreement (e.g. a report on quality of produce).
