The Horticulture Code of Conduct (Horticulture Code) is a mandatory industry code under section 51AE of the Competition and Consumer Act 2010.
The Horticulture Code was established in 2007. The Code regulates trade in horticulture produce between growers and traders to ensure transparency and clarity of transactions. The Horticulture Code also establishes a dispute resolution procedure for disputes arising under the code or a horticulture produce agreement.
Under the Horticulture Code, growers and traders may use any dispute resolution procedures they choose. However, should one of the parties initiate the dispute resolution procedure set out in the Horticulture Code, it must be followed by the parties.
The Australian Small Business and Family Enterprise Ombudsman (ASBFEO) is the agency responsible for dispute resolution under the Code. Further information about the ASBFEO and dispute resolutions may be found at the ASBFEO website, or by emailing info@asbfeo.gov.au or calling 1300 650 460.
The Horticulture Code is enforced by the Australian Competition and Consumer Commission (ACCC). Guidance materials for growers and traders on the Horticulture Code is also available at the ACCC website.