Fruit and vegetable wholesaler Green Endeavour, trading under the business names of Suncoast Fresh and Fruitlink has paid a penalty of $13,750 after the ACCC issued it with an infringement notice for an alleged contravention of the Horticulture Code of Conduct.
The ACCC allege that Green Endeavour breached the code by failing to prepare, publish and make publicly available the terms of trade on which it was prepared to trade with growers.
Fruit and vegetable growers and traders have certain rights and responsibilities under the code, which is intended to improve transparency in transactions and provide a fair and equitable dispute resolution procedure.
ACCC deputy chair Mick Keogh said the investigation arose after compliance checks identified that Green Endeavour had not published its terms of trade on its websites.
“Growers need to be able to compare the terms and conditions offered by different traders to make an informed decision about the best business to sell their produce to,” Keogh said.
Keough explained that the ACCC’s regular audits and compliance checks are an important step in assessing the effectiveness of, and compliance with, the Horticulture Code, and said the penalty is a timely reminder that the ACCC will take appropriate action when non-compliance with the Code is identified.
“Ensuring compliance with mandatory industry codes of conduct in the agricultural sector is an ACCC compliance and enforcement priority. After the release of updated guidance on the Horticulture Code last year, the ACCC has moved from a compliance and education focus to enforcement,” Keogh said.
The Horticulture Code is a mandatory industry code prescribed under the Competition and Consumer Act. The current version of the code came into full effect in 2018. In 2022, the ACCC released updated guidance on the Horticulture Code.
The key requirements of the code include that horticulture produce must be sold under a compliant Horticulture Produce Agreement, and traders must provide growers with statements for the sale of their produce and traders publish their terms of trade.
