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The LaManna Group companies (LaManna Bananas Pty Ltd, Verona Fruit Pty Ltd and LaManna Bananas (Adelaide) Pty Ltd), acting as horticulture produce agents, occasionally sold growers’ produce between their companies, as part of their distribution of produce across national markets.
The ACCC raised concerns that these transactions were not at arm's length and that the companies may not have, in every case, properly obtained growers' consent, as required under the Horticulture Code of Conduct.
LaManna Bananas Pty Ltd, on behalf of the LaManna Group companies, has undertaken that it will:
advise potentially affected growers of the ACCC's concerns
establish a special process to deal with any growers who raise concerns about sales of their produce
report to the ACCC on any grower's complaint that it could not resolve under that process, and
implement a trade practices compliance program to help it avoid future code breaches.
Sanjay Goel trading as Pacific ImpExp Services, an importer and retailer of furniture, electronics and toys, has acknowledged that he has contravened s65C of the Trade Practices Act by supplying two models of bunk beds, 'Model AB107' and ' Model LB70C', which did not meet the requirements of the mandatory standard for bunk beds.
The 'Model AB107' bunk bed did not have a barrier around all sides of the bed which may cause a roll-out hazard.
The 'Model AB107' and 'LB70C' bunk beds had openings in the guardrail which may cause a fall-through hazard, gaps in the guardrail which could cause an entrapment hazard, and did not display the required maximum mattress height warning and supplier identification labels.
Sanjay Goel has provided court enforceable undertakings to the ACCC that for a period of three years he will not supply bunk beds that do not fully comply with the mandatory standard for bunk beds and will establish and implement a trade practices compliance program.
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