WHO IS COVERED BY THE HORTICULTURE CODE

The Horticulture Code regulates trade in horticulture produce. ‘Horticulture produce’ is defined in the Code to mean unprocessed: fruits, vegetables, nuts, herbs and other edible plants. The Code applies to all to growers and traders of horticulture produce.

The Code is transactions based. It covers those transactions between a person who grows horticulture produce and someone who:
• buys that produce for resale (a merchant) or
• sells that produce on behalf of the grower for a commission or fee (an agent).
This definition applies to wholesalers and intermediaries operating both inside and outside Australia’s central wholesale markets.

Growers of horticulture produce who sell their produce to a retailer or direct to the public, are not covered by the Code, nor are growers of nursery produce.

The Code does not cover transactions between a person who grows horticulture produce and those who buy the produce for processing, retailing or exporting. The voluntary Produce and Grocery Industry Code of Conduct may apply to these trading arrangements.