Some horticultural growers and traders have continued to ignore warnings about breaching conditions of the Horticulture Code of Conduct, despite repeated warnings from the Australian Competition and Consumer Commission (ACCC).

Introduced on 14 May 2007, the Code regulates trading of horticulture produce, with the aim of providing greater commercial
transparency in transactions between growers and wholesale traders.

While the ACCC said it has had positive responses from some traders and associations, there have been a number of instances where they have backdated contracts to avoid obligations under the Code, which became law on 14 May 2007.

It said traders engaging in such conduct risked contravening the Code and may be engaging in misleading or deceptive conduct by wrongly leading growers to believe they will not enjoy the benefits delivered the legislation.

The ACCC has issued two prior warnings on the matter, prompting ACCC Chairman, Graeme Samuel to threaten court proceedings against traders who don’t comply.

“Some still trade in horticulture produce without an appropriate agreement. There are still template agreements being used in the marketplace that include clauses that the ACCC considers may breach the code.

“The ACCC continues to investigate complaints about non-compliant agreements. It will not hesitate to take enforcement action against those who continue in a non-compliant manner,” Samuel said.