30 August 2017

More information to help you understand the new Hort Code....

The ACCC has produced two articles, one for growersand the other for traders,with information about Horticulture Produce Agreements (HPAs).

Further material has been added to the ACCC’s web pages on the Horticulture Code:

  • While the Code defines horticulture produce as unprocessed fruit, vegetables (including mushrooms and other edible fungi), nuts, herbs and other edible plants, it does not define ‘unprocessed’. The ACCC’s web page provides some clarification, and an example, about how this is defined.
  • One of the parts of the new Code which applies immediately (i.e. is not subject to the transition period) is the obligation to deal in good faith. The ACCC website provides an explanation, and examples, of good faith.
  • Answers to questions which have been posed by growers and other stakeholders to the ACCC have been added to the FAQs. These include: Why do we need a Horticulture Code of Conduct?; How does the Code apply to me?; What are the ‘terms of trade’?; At what point is my produce ‘delivered’ to the buyer?; As a merchant, can I take commissions from growers under a horticulture produce agreement?; Are traders able to reject my horticulture produce?; My produce goes through a packing house before being on sold to the market. How does the Code apply to me? and Dispute resolution.

Traders have to give growers a regular statement about how they dealt with the grower’s produce. The ACCC website has information outlining what these statements need to tell growers.

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