The ACCC has accepted court enforceable undertakings from Scamonte Ventures Pty Ltd trading as Scalzi Produce WA (Scalzi Produce) for breaches of the Horticulture Code of Conduct (Code), a mandatory industry code under the Trade Practices Act 1974.
Scalzi Produce:
traded as an agent without having Code compliant Horticultural Produce Agreements in place with the growers it has traded with; and
traded as an agent without preparing, publishing or making publicly available a document that complied with the Code which sets out the general terms and conditions under which they would trade with growers of horticultural produce (terms of trade).
Scalzi Produce has acknowledged it has contravened the Code and section 51AD of the Act. The ACCC has accepted section 87B undertakings from Scalzi Produce, that it:
will not trade in produce subject to the Code without entering into Code compliant Horticulture Produce Agreements;
will prepare, publish and make publicly available its Code compliant terms of trade;
will write to growers explaining its contraventions of the Code and the section 87B Undertaking;
will conduct a trade practices seminar focusing on the Code and section 51AD of the Act for those authorised to sign Horticulture Produce Agreements on its behalf and for growers of horticultural produce that it trades with who wish to attend; and
will publish an information notice in the Countryman newspaper distributed in Western Australia.
