Bache Bros Pty Ltd has paid a penalty of $13,750 after the ACCC issued it with an Infringement Notice for an alleged contravention of the Horticulture Code of Conduct.
The ACCC alleges that Bache Bros, a fruit and vegetable wholesaler based in Adelaide, failed to make a document that sets out its terms of trade publicly available, as required by the Horticulture Code.
“A key requirement of the Horticulture Code is that traders must publish their terms of trade, so growers are able to compare the different contract terms being offered,” ACCC Deputy Chair Mick Keogh said.
“The Code assists growers by making important contract terms and conditions transparent, including payment periods and how traders pay growers for their produce.”
The ACCC began investigating Bache Bros’ alleged non-compliance after the ACCC conducted a review of traders’ compliance with the Horticulture Code.
“This is the second infringement notice issued to a trader by the ACCC in relation to alleged breaches of the Horticulture Code as a result of its recent compliance review,” Mr Keogh said.
“The ACCC conducts regular audits and checks to ensure compliance with the code, and this penalty is a reminder that we will act when our investigations identify non-compliance.”
Background
The Horticulture Code is a mandatory industry code prescribed under the Competition and Consumer Act. The current version of the code came into full effect in 2018.
Under the Horticulture Code, horticulture produce must be sold under a compliant Horticulture Produce Agreement, and traders must prepare, publish, and make publicly available their terms of trade for growers.
In 2022, the ACCC released updated guidance on the Horticulture Code.
The ACCC’s enforcement options include administrative resolutions, court enforceable undertakings, infringement notices and, for certain breaches, commencing civil penalty proceedings.
Note to editors
The Horticulture Code was first introduced by the Federal Government in 2007 and the ACCC is responsible for enforcing the Horticulture Code.
The payment of a penalty specified in an infringement notice is not an admission of a contravention of a mandatory industry code or the Australian Consumer Law.