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 introduced in 2007 to regulate trade between growers and traders of horticulture produce to ensure transparency and clarity of transactions. The Horticulture Code also provides a process for resolving disputes that occur under the Horticulture Code, including under horticulture produce agreements.
Under the Code, if a dispute occurs, growers and traders may use any resolution procedure they choose. However, should one of the parties initiate the dispute resolution procedure set out in the Horticulture Code, it must be followed by both parties.
The Australian Small Business and Family Enterprise Ombudsman (ASBFEO) is the agency responsible for dispute resolution under the Horticulture Code. Further information about the ASBFEO and dispute resolutions can be found at the ASBFEO website, 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.