Recent enforcement action taken by the Australian Competition and Consumer Competition (ACCC) against a Western Australian based fruit merchant and grower, is further warning to growers and wholesalers to take the mandatory Horticulture Code of Conduct seriously and meet its requirements, says Queensland’s horticulture organisation Growcom.

Chief executive officer at Growcom, Jan Davis, said: “The mandatory Horticulture Code of Conduct is law and the ACCC is actively pursuing those people in the industry who have been breaching it.

“Sooner or later, the agency will catch up with all those trading in the industry without a Code compliant horticultural produce agreement (HPA).

“In the latest case in Western Australia, the trader [A. Giumelli & Sons] will now have to run a trade practices seminar on the code for its management, employees and growers. It will have to actively work to get people along to it, and report on how the seminar went to the ACCC. It will also have to publish a notice in a Western Australian newspaper outlining the actions it is taking. This is all in addition to ensuring it has code compliant HPAs in place and publishing its terms of trade.

“Growers whose produce is now coming into harvest must insist on having a code compliant HPA and terms of trade in place with their trader before they begin trading,” she added.

A sample horticulture produce agreement, which meets the requirements of the mandatory Horticulture Code of Conduct, is available at www.growcom.com.au