Who does the Horticulture Code apply to?
A Code of conduct prescribed under s. 51AE of the Act has the force of law, which means that a breach of the Horticulture Code is a breach of the law. Section 51AD of the Act prohibits contraventions by corporations of an applicable industry Code such as the Horticulture Code. This means that a breach of the Code will constitute a breach of the Act. The Horticulture Code applies specifically to: • horticulture produce—as defined in the Code (see question 3) • growers—persons who grow their own horticulture produce for sale • traders—being either agents, who find a buyer for the grower’s produce or merchants, who buy the grower’s produce for resale. The Horticulture Code does not apply to: • nursery products—as defined in the Code (see question 3) • retailers— a person buying the grower’s produce for retail sale by that person • exporters—a person buying the grower’s produce for export by that person • processors—persons buying the grower’s produce and processing it. Please consult the
