Horticulture Code

The Horticulture Code came into effect on 14 May 2007 as a prescribed mandatory industry code of conduct under the Trade Practices Act 1974, known as the Competition and Consumer Act 2010 from 1 January 2011 (the Act).

The Department of Agriculture, Fisheries and Forestry (DAFF) is responsible for the development of the Code. Further information on the department’s role is available on their website.

As part of the ACCC public inquiry into the competitiveness of retail prices for standard groceries the ACCC made 13 recommendations in relation to improving the effectiveness of the Horticulture Code. You can view the recommendations in detail in chapter 18 of the ACCC inquiry report.

A Horticulture Code Committee was appointed to provide advice on the implementation of the ACCC recommendations and after wide industry consultation, the Committee's report ‘Implications of the Australian Competition and Consumer Commission recommendations to amend the Horticulture Code of Conduct’ was released on 1 November 2009.

Purpose of the Horticulture Code

The purpose of the Code is to improve the clarity and transparency of transactions between growers and wholesalers of fresh fruit and vegetables. It also provides a fair and equitable dispute resolution procedure.

Role of the ACCC

We are responsible for investigating complaints and, where necessary, taking enforcement action against anyone who fails to comply with the Horticulture Code.

Our role also includes promoting compliance by providing educational material such as guidelines, articles and fact sheets as well as giving presentations through our outreach programs in each state and territory.

For further information, or to make a complaint, contact our Infocentre on 1300 302 502.


Enquiries about the Horticulture Code

For enquiries regarding the Horticulture Code call the ACCC Infocentre on 1300 302 502.


Complying with the Horticulture Code  

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Application and key parts of the Horticulture Code
Application of the Horticulture Code, terms of trade, horticulture produce agreements and dispute resolution

What if you don't comply with the Horticulture Code
Why you need to comply with the Horticulture Code and what will happen if you don't

Horticulture Code complaints, investigations and outcomes
How we handle complaints and some matters we have investigated.

Frequently asked questions about the Horticulture Code
Questions and answers to help you understand your rights and obligations under the Horticulture Code

Subscribe to receive updates about the Horticulture Code
How to join the Horticulture Code information network, a free service provided by the ACCC

ACCC Industry Code Audits
Investigation power under section 51ADD of the Competition and Consumer Act

Legislation

Horticulture Code of Conduct Regulations

Relevant sections of the Competition and Consumer Act

s. 51AD—Prohibits contravention of industry codes

s. 51AE—Allows prescription of industry codes

Schedule 2, Part 2–2—Prohibits unconscionable conduct


Related topics on the ACCC website

Horticulture Code in Publications
Horticulture Code in News releases
Prescribed industry codes of conduct in For businesses