Young Sang & Co. (Aust.) Pty Ltd - s.87B undertaking

Company or individual details

  • Young Sang & Co. (Aust.) Pty Ltd
    006 968 501

Undertaking

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking pursuant to section 87B of the Competition and Consumer Act 2010 (the Act) from Young Sang & Co. (Aust.) Pty Ltd (Young Sang). Young Sang has admitted that it breached the Horticulture Code of Conduct (the Code) and section 51ACB of the Act.

Details about the company

Young Sang operates a wholesale horticulture business out of the Melbourne Wholesale Fruit, Vegetable and Flower Markets and trades in tomatoes, eggplant, capsicum and zucchini.  

Young Sang acts as an agent for a number of Queensland based horticulture produce growers.

Details about the conduct

During 2015, Young Sang:

  • traded in horticulture produce with all of its growers without Horticulture Produce Agreements (HPAs); and
  • failed to prepare, publish and make publicly available its terms of trade.


To address the ACCC’s concerns, Young Sang provided the ACCC with a section 87B Undertaking that it will:

  • not engage with growers without HPAs or terms of trade;
  • send a letter to all growers who it traded with since 2015 attaching a copy of the undertaking, its terms of trade and a draft HPA where applicable;
  • place a corrective notice on its website for 90 days; and
  • implement and regularly review a code compliance program