Horticulture Code of Conduct for Traders

Horticulture Code of Conduct for Traders

Do you have horticulture supply contracts and are they legal?

If you source fruit or vegetables from growers in Australia and sell them to other businesses, your business activities are likely to be subject to the Horticulture Code of Conduct. If you are covered by this Code, you need to have written contracts called horticulture produce agreements (HPA) in place with each grower in order to comply with the law. The Australian Competition and Consumer Commission (ACCC) is responsible for enforcing the Code.

It is in your interest to have valid HPAs in place with growers. By not having an HPA, there is less certainty around important commercial issues such as pricing, delivery and rejection rights. 

What needs to be in an HPA?

Your HPA establishes the conditions of your commercial arrangement with the grower and what happens in the event of a dispute. A valid HPA establishes:

Payment terms

  • How long it will take for the grower to receive payment
  • What fees or commissions you will charge as an agent
  • How you and the grower will agree on a price for the produce

Quality standards

  • How you will determine whether the produce is of an acceptable standard – this can either be an existing industry standard, or one that you and the grower agree on yourselves.

Rejection rights

  • In what circumstances you can reject produce
  • How long you have to reject produce

Termination and renewal

  • When you or the grower can terminate the agreement
  • What rights you and the grower have to extend or renew the agreement

What do I need to do?

The amount of time you have to ensure you have a valid HPA with each grower will depend on your current arrangements with the growers you deal with.

If you have a written agreement with growers which was not valid under the old Code, or no written trading agreement with growers at all, you may be operating illegally and need to ensure that you have an HPA in place with each grower you trade with immediately.

If you don’t have agreements in place with a grower you deal with, or you believe your agreement may not be compliant, you should talk to the grower/s and advise them that you need to make a new agreement. It may help to let them know that there are advantages for both parties in adhering to the Code.

What happens if I don’t have an HPA with each grower I deal with?

Both you and the grower are not complying with the Code if you trade without an HPA. If you don’t comply with the Code, the ACCC may issue you with an infringement notice specifying that you pay a penalty (as an alternative to court proceedings), or a court may order you to pay penalties.

The ACCC can ask traders and growers to provide any documents they are required to make or keep under the Code. This allows the ACCC to check compliance with the Code and take further action if you aren’t doing the right thing.

Tony Hannaford

Director

Tony Hannaford is a cherry grower from South Australia, producing based predominantly in the Torrens Valley of the Adelaide Hills.

Tony’s family have a long history of orcharding. Tony introduced cherries in 1985 and now has multiple varieties spanning a long season with fruit delivered across Australia and the globe. This is all supported by the latest technology in the packing shed.

Tony has long supported and been active for the cherry industry – having also served on the Cherry Industry Strategic Investment Advisory Panel.

Nic Hansen

Director

Nic Hansen is a fourth-generation cherry grower based in Southern Tasmania and brings deep grower knowledge and long-standing industry involvement to the CGA Board.

Nic grows sweet cherries at Old Beach and is part of Hansen Orchards, one of Tasmania’s largest cherry growing businesses. He has previously represented Tasmania as the State Director on the CGA Board and has served on the HIA Cherry SIAP, contributing to national industry planning and decision-making.

Nic is currently serving his second term as President of Fruit Growers Tasmania. He brings a strong grower perspective, practical experience, and a commitment to effective industry leadership, supporting CGA’s role as the national peak body for Australian cherry growers.

Grant Piggott

Honorary Treasurer

Grant Piggott has been Chief Executive Officer of Fruit Producers SA, the grower association for cherries in South Australia since 2023 and served as its representative on the Cherry Growers Australia Board from June 2024.

He brings significant experience in finance, strategy and commercial management.  He is a qualified Chartered Accountant, a member of Australian Institute of Company Directors and has served for 15 years as an elected member in Local Government.

Grant treasures his childhood on a wheat sheep farm in the Upper North of South Australia, still owned by his family. He has maintained links to primary production for almost 30 years of his working career, primarily through his senior management role at the Royal Agricultural & Horticultural Society of SA.

In his short tenure as industry representative, he has developed a passion for the successful growing and marketing of quality cherries. Grant is convinced of the deserved glamour status of cherries – healthy, photogenic, delicious, easy to eat and inextricably associated with the joy of Summer and Christmas.

Following his involvement as part of the team which guided the change of Cherry Growers Australia to a company limited by guarantee in May 2025, Grant was invited to serve as a Director on the Board in September 2025 and was appointed Treasurer.

ANDREW FAIRLEY

Director

Andrew Fairley bio coming soon

Fiona Hall

Director

Fiona has been an active participant in the cherry industry for 25 years. She was President of NSW Cherry Growers in the past and has served on the cherry Strategic Investment Advisory Panel (SIAP) for past 5 years.

Fiona is currently a board member of Apple & Pear Aust Ltd (APAL) and the FAR (finance, audit and risk) committee for APAL. APAL manage domestic and international brands of produce including Pink Lady® apples. APAL is also the PIB for the 400 plus growers of Australia.

Fiona manages the business activities of BiteRiot, reporting to a board each month. She brings a wealth of experience across corporate governance & strategic planning, finance, business and marketing to the CGA board.

Greg Perry

Deputy Chair

Greg Perry brings extensive leadership experience across the cherry industry, infrastructure, and project management, with a strong focus on governance, strategy, and commercial oversight.

Raised in the cherry industry, Greg has a deep understanding of production challenges and the importance of long-term industry sustainability. He is the Managing Director of a project management consultancy, delivering complex infrastructure, development, and operational programs across multiple sectors.

Greg has held senior leadership and board-level roles in both industry and government-aligned organisations, including service on the NSW Cherry Growers Association board and advisory roles supporting strategic planning, regulatory compliance, and investment decision-making. His experience spans financial oversight, risk management, stakeholder engagement, and guiding organisations through periods of structural change.

Greg brings a practical, solutions-focused approach to the CGA Board, with a strong commitment to governance integrity, member representation, and supporting the continued growth and resilience of the Australian cherry industry.

Alison Jones (Sebire)

Chair

I grew up on our family farm in Wandin and picked cherries at an early age.

I loved the camaraderie of working with people and still do today. It is a buzz that makes coming to work enjoyable regardless of what you are doing!!

I studied to be a secondary Art and Craft teacher. However, I wanted to work in the industry first so worked in design and sales in the textile industry in Melbourne and Sydney.

Missing the family business in Sydney I returned to the family, cherries, and WandinValley Farms.

In 2007 our family bought the remaining shares in Wandin Valley Farms, and we all became involved in the business.

In 2016 I became the CEO of Wandin Valley Farms.

I am proud of what we do and the industry we are involved in. We produce a product that is fresh, flavorsome, healthy and creates excitement all bundled in with Christmas and Summer!!

Elected to VCA committee 26th October 2009

Elected to President of VCA 17th October 2013

Elected to President of CGA 24th January 2024