Product handlers

Wholesale market

 
Horticultural Code of Conduct Print

The Horticultural Code of Conduct aims to improve the clarity and transparency of transactions between growers and wholesalers of fresh produce. It also aims to provide a fair and equitable dispute resolution procedure.

The Code has three key aspects:
1. Terms of Trade – requires that all traders whether trading as agents or merchants, prepare, publish and make publicly available a document that sets out the general terms and conditions under which they will trade with growers of horticultural produce. Terms of Trade of Fresh State Members can be found here. To obtain a Terms of Trade template please contact the Fresh State office.

2. Horticulture Produce Agreements (HPA) –a trader and grower must enter into a written HPA signed by both parties before they trade in horticultural produce with each other, provided there is no pre existing agreement. The HPA Checklist and supporting information on the code is available at the ACCC website. To obtain a HPA or Service Agreement template please contact the Fresh State office.

3. Dispute Resolution – Growers and traders may agree to use any dispute resolution procedure they choose. Mediators or assessors can be found at www.hortcodema.com.au/assesorslist.

The ACCC aims to conduct five to ten random audits each month to ensure that the code is being adhered to.

The Key Elements of the Horticultural Code of Conduct are:

  • Wholesalers publish their preferred Terms of Trade
  • Growers and wholesalers use written agreements – Contact Fresh State for templates íf required
  • Wholesalers are clearly identified as either agents or merchants
  • Wholesalers provide written transaction information to growers
  • Independent assessment is available on transactions
  • Low cost mediation is available if disputes arise

 
 
 
 
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