What happens if a grower delivers horticulture produce to a trader without a horticulture produce agreement in place?
The Horticulture Code requires that a written, signed horticulture produce agreement must be in place before trade in horticulture produce between a grower and a trader can take place. Therefore, the trader need not accept the produce if no agreement is in place. However, it would also be open to the parties to enter into a written horticulture produce agreement after the produce arrives. If a shipment arrives without a prior agreement, it would simply be a matter of the trader contacting the grower and forming an agreement. The relevant details could be entered into a template agreement and after this document was signed by both parties and returned to the trader via fax or other electronic means, the transaction could begin. An exception to this would be if an agreement were entered into before 15 December 2006. If this agreement continues, and no variation or extension of the agreement has taken place post-15 December 2006, the trader must deal with the produce under the terms of th
