---
title: "Horticulture produce agreement (grower and trader)"
url: "https://ailawframework.com/precedents/agribusiness-and-rural-law/horticulture-produce-agreement"
type: "precedent"
site: "AI Law Framework"
id: "a38-horticulture-produce-agreement"
area_id: "A38"
kind: "agreement"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# Horticulture produce agreement (grower and trader)

> Horticulture produce agreement between a grower and a trader (agent or merchant) that covers every matter the Horticulture Code of Conduct requires, including rejection, payment periods, reporting and dispute contacts.

Canonical page: https://ailawframework.com/precedents/agribusiness-and-rural-law/horticulture-produce-agreement  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Agreement. A contract between two or more parties.
- Practice area: [Agribusiness & Rural Law](https://ailawframework.com/precedents/agribusiness-and-rural-law.md)
- Jurisdictions: Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 7 authorities it cites, for Australia.

## When to use it

Use for trade in fresh fruit, vegetables, nuts, herbs and other edible plants between a grower and an agent or merchant. Do not use where the buyer purchases for its own retail sale or for export, as those buyers are not merchants under the Code.

## How AI may be used

AI may check a draft against the Code's mandatory content using the ACCC guidance, but whether the trader acts as agent or merchant, and whether the Code applies at all, are legal characterisations for the lawyer.

**AI may:**

- Check a draft HPA or terms of trade against a checklist of cll 16 to 18 matters and list anything missing.
- Populate the schedules from the parties' price, quality and delivery instructions.
- Summarise the grower's rights on late payment or rejection in plain English.

**AI must not:**

- Must not decide whether the trader is an agent or a merchant, or whether the buyer is exempt from the Code.
- Must not set price formulas, commissions or rejection criteria.
- Must not remove the good-faith clause or limit it.

**The lawyer checks:**

- The trader's role (agent or merchant) is correct and only one role is used under this agreement (cl 14).
- Every cl 16 matter, and the cl 17 or cl 18 matters, is specified.
- The agreement is consistent with the trader's published terms of trade.
- Payment, reporting and statement periods are realistic and stated.

## Authorities

- [Competition and Consumer (Industry Codes—Horticulture) Regulations 2017 (Cth) Sch 1 (Horticulture Code of Conduct) cll 8, 9 (good faith)](https://www.legislation.gov.au/F2017L00302/latest/text)
- [Horticulture Code of Conduct cl 10 (terms of trade must be prepared and published)](https://www.legislation.gov.au/F2017L00302/latest/text)
- [Horticulture Code of Conduct cll 14, 16, 17, 18 (agent or merchant; matters an HPA must specify)](https://www.legislation.gov.au/F2017L00302/latest/text)
- [Horticulture Code of Conduct cl 22 (acceptance and rejection of deliveries; advise within 24 hours)](https://www.legislation.gov.au/F2017L00302/latest/text)
- [Horticulture Code of Conduct cll 29, 32, 35 (agent reporting; merchant price; time for payment and grower's remedies)](https://www.legislation.gov.au/F2017L00302/latest/text)
- [Horticulture Code of Conduct cll 37, 40 (dispute resolution)](https://www.legislation.gov.au/F2017L00302/latest/text)
- [Competition and Consumer Act 2010 (Cth) s 51ACB (contravention of an applicable industry code)](https://www.legislation.gov.au/C2004A00109/latest/text)

## Official form

[Official form](https://www.accc.gov.au/business/industry-codes/horticulture-code-of-conduct/horticulture-produce-agreements)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/agribusiness-and-rural-law/horticulture-produce-agreement and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*