What is a Horticulture Produce Agreement

The Horticulture Code of Conduct requires a Horticulture Produce Agreement (HPA). It is a formal contract between a horticulture produce grower and a trader (such as a wholesaler, agent, or retailer). It is a mandatory requirement. This code applies to all agreements made on or after April 14, 2007.

This agreement is governed by the Horticulture Code of Conduct, which is a mandatory industry code prescribed under the Competition and Consumer Act 2010 in Australia. The Horticulture Code aims to ensure transparency and fairness in transactions between growers and traders, protecting both parties’ interests. 

The key features of a Horticulture Code Produce Agreement typically are that:

1. Terms of Trade

Clear terms regarding the quality, quantity, and specifications of the produce being sold.

2. Pricing and Payment

Detailed information on how the produce will be priced, the method of payment, and the payment terms.

3. Delivery and Acceptance

Specifications on the delivery conditions, including the time and place of delivery, and procedures for the inspection and acceptance of the produce.

4. Dispute Resolution

Procedures for resolving disputes that may arise between the grower and the trader.

5. Termination

Conditions under which the agreement can be terminated by either party.

6. Obligations and Responsibilities

Duties and responsibilities of both the grower and the trader.

For further details see: Horticulture Produce Agreement