Under the Horticulture Code, traders and growers need to keep a written record of any other grower or trader they deal with for at least six years. In addition there are specific record keeping obligations for both traders and growers.
Traders must keep the original or a copy, including electronic copies, of the following documents for at least six years after the document was made or given:
- horticulture produce agreements the trader enters into
- a written notice by the trader of the offer or acceptance of a horticulture produce agreement
- a written termination of a horticulture produce agreement by the trader
- a notice of the rejection of horticulture produce under a horticulture produce agreement and reasons for the rejection
- a statement for a reporting period given to a grower.
Traders must also make a written record of the name of all growers and traders they deal with and retain the record for six years from the day the record is made.
Growers must also keep the original or a copy of the horticulture produce agreements they enter into for at least six years, including electronic copies, a written notice of the offer or acceptance of a horticulture produce agreement by the grower, and a written termination of a horticulture produce agreement by the grower.
Growers must make and keep a written record of all traders they deal with and retain the record for six years from the day the record is made.
The new Horticulture Code imposes stricter record keeping requirements on traders and growers than were in the previous Code. Failing to keep proper records can lead to penalties under the code. In addition the ACCC has the power to inspect any records that are required to be kept under the Code.
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