Horticulture Code of Conduct

The horticulture code applies to the relationship between a grower and a trader of horticulture produce, with certain exceptions.

Traders and growers have rights and responsibilities under the horticulture code. The trader and grower relationship goes through different stages.

Terms of trade are the standard terms and conditions under which a trader is prepared to do business with growers. Under the horticulture code, traders must make sure their terms of trade are published and made publicly available.

A horticulture produce agreement, commonly known as a HPA, is a contract between a grower and trader that sets out agreed terms and conditions of trade. A written, code-compliant, agreement must be in place before trading starts.

Traders must give growers regular statements about how they have managed the grower’s produce. What is reported depends on whether the trader is an agent or merchant.

Traders and growers must deal with each other in good faith under the horticulture code. Failure to act in good faith can lead to penalties.

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

Growers and traders can choose any dispute resolution procedure, though if one of the parties chooses the process described in the code, it must be followed.

The ACCC is the national regulator of consumer and competition laws, including the horticulture code. We carry out random compliance checks and investigate alleged breaches of the code. We use a range of enforcement options.