THE vegetable and fruit supply chain is waiting anxiously to see the outcome of a review into the mandatory Horticulture Code of Conduct.
Submissions closed on September 18 with the independent review receiving 43 submissions from a broad selection of stakeholders including growers, wholesale markets representatives, industry bodies, farmers groups, lawyers and at least one supermarket chain.
Five of the submissions are confidential while the rest are available online for public perusal.
The submissions range from jaded growers accusing industry bodies of not doing enough, to lawyers pointing out how the Code works or does not work in relation to the Competition and Consumer Act (CCA).
The review is being conducted by Horticulture Innovation Australia board member Mark Napper who has a background in finance and corporate governance, and lawyer Alan Wein who specialises in franchising, trade practices and retail leasing disputes, particularly relating to small business.
In gathering evidence to support findings and recommendations for the final report, the reviewers have reportedly spent the past two months visiting and meeting with key industry and other interested stakeholders.
An Issues Paper released in early August contained three options for the Code following the review:
1) Let the Horticulture Code lapse; 2) Renew the current Horticulture Code; 3) Renew the Horticulture Code with amendments.
Most of the submissions to the review call for amendments to the code.
The Horticulture Code is due to expire or "sunset" on April 1, 2017.
If the code is not remade by this time, it will cease to be operational.
This would mean growers and traders would trade in horticulture produce in accordance with provisions contained in common law, general contract law and requirements under the CCA, including proposed unfair contracts legislation if it is extended to business-to-business transactions.
Requirements under the Horticulture Code would no longer apply.
There are some common themes among many of the review submissions.
An overwhelmingly echoed request is for better education about the code for the entire fresh produce industry.
The Issues Paper itself says: "Anecdotal evidence suggests that education on the code could be improved. An education campaign would be beneficial if this option were to be implemented."
Another major request within the submissions is for the Code to be extended to cover exporters, retailers and processors, however some retailer representative bodies argue against this.
A need for greater transparency within produce agreements and pricing was a cry among many of the grower representative groups, as was a call for greater enforcement of the Code.
However many expressed concerns about an increasing cost burden and more paperwork for all parties involved should a re-vamped Code be introduced.
The review is scheduled to be completed and delivered to government in November.