Application and key parts of the Horticulture Code

Application of the Horticulture Code

The Horticulture Code applies to trades in horticulture produce made after 14 May 2007 between:

growers—persons who grow their own horticulture produce for sale; and
traders, either:

agents—who find a buyer for the grower’s produce; or
merchants—who buy the grower’s produce for resale.

The Horticulture Code does not apply to:

nursery products—including trees, plants, seeds, bulbs, propagating material, cut flowers and foliage
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.

Terms of trade template and checklists

2. Horticulture produce agreements

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.

Horticulture produce agreement checklists

3. Dispute resolution

The Horticulture Code provides that growers and traders may agree to use any dispute resolution procedure they choose. The Office of the Horticulture Mediation Adviser:

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).

Who to contact when you have a horticulture dispute

Steps for resolving a dispute using the dispute resolution procedure in the Horticulture Code

Mediation in horticulture disputes