Record keeping under the horticulture code

  • The Horticulture Code of Conduct has record keeping obligations for both traders and growers.
  • Traders and growers must keep particular documents and records for at least 6 years.

Trader record keeping requirements

Traders, operating as an agent or merchant, must keep particular documents and records for at least 6 years.

Documents to keep are:

  • horticulture produce agreements entered into by the trader, from the start of the agreement and for 6 years after the agreement expires
  • written notices of offer or acceptance of horticulture produce agreements, from the start of the agreement and for 6 years after the agreement expires
  • written terminations of horticulture produce agreements, for 6 years after the agreement expires
  • notices rejecting produce under an agreement and the reasons for the rejection, for 6 years
  • statements given to a grower for a reporting period, for 6 years
  • a written record of the name of all growers dealt with, for 6 years.

Documents and records can be original or a copy. They can also be electronic copies.

Grower record keeping requirements

Growers must keep particular documents and records for at least 6 years.

Documents to keep are:

  • horticulture produce agreements entered into by the grower, from the start of the agreement and for 6 years after the agreement expires
  • written notices of offer or acceptance of horticulture produce agreements, from the start of the agreement and for 6 years after the agreement expires
  • written terminations of horticulture produce agreements, for 6 years after the agreement expires
  • a written record of the name of all traders dealt with, for 6 years.

Documents and records can be original or a copy. They can also be electronic copies.

Penalties and compliance

There are record keeping requirements for both traders and growers under the Horticulture Code of Conduct. Failing to keep proper records can lead to penalties.

The ACCC has the power to inspect any records kept under the horticulture code.

See Horticulture code investigations and compliance checks.

See also

Horticulture Code of Conduct

Competition and Consumer (Industry Codes—Horticulture) Regulations 2017

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