An independent review of the Horticulture Code of Conduct (Code) is currently in progress, providing a once-in-a-decade opportunity to ensure that a modern, fair, simplified, and fit-for-purpose Code emerges that allows for the commercial flexibility called for by both Wholesalers and Growers.
Brismark, representing Wholesalers at the Brisbane Markets, has met with the independent reviewer, Mr Chris Leptos AO, to present the concerns and insights of Brisbane Markets Wholesalers and commissioned independent researchers Roy Morgan to survey 441 Australian Growers before lodging a comprehensive submission to the Code review last month.
Brismark and Brisbane Markets Limited (BML) have also worked closely with national peak bodies Fresh Markets Australia (FMA) and Central Markets Association of Australia (CMAA) and their counterparts across the country on national responses.
Supplementary submissions are currently being formulated after Mr Leptos since called for further input on some of the more pressing issues.
Brismark CEO and BML Managing Director and CEO, Andrew Young, said that simplifying the Code and enabling fair, commercial flexibility is essential to reducing red tape and ensuring the Code is fit-for-purpose.
“Brisbane Markets Wholesalers, along with 61% of the Growers surveyed, want the ability to contract out of irrelevant code requirements,” Mr Young said.
“There should also be the opportunity for published deemed standard terms of agreement where a Wholesaler has struggled to get a Grower to sign and send back a Horticulture Produce Agreement.”
Mr Young also pointed out that method or formula-based pricing is widely used for Merchant transactions and is strongly supported by 81% of Growers surveyed (Roy Morgan Grower Survey commissioned by Brismark in February 2026), so should be maintained to allow for commercial flexibility.
Another concerning matter Mr Young raised is the scale of trade occurring outside any regulatory framework, with survey data suggesting that 25–30% of Grower sales worth an estimated $2.5-$3 billion annually fall outside both the Horticulture Code and the Food and Grocery Code.
“Growers supplying independent retailers, processors, foodservice suppliers, and off‑market Wholesalers may be trading without the protections or obligations of either Code,” said Mr Young.
“The Code should apply to all first point of sale transactions, except where the Food and Grocery Code already applies.”
“Without consistent standards, Wholesalers face uneven playing fields and Growers face potential vulnerabilities they may not even be aware of.”
With a recent KordaMentha analysis commissioned by FMA estimating the cost of Code compliance at around $99,500 per Market Wholesaler per year, Mr Young stressed that the requirements of the Code must be commercial in their application and equitable in how they are applied across both Wholesalers and Growers.
“Penalties significant enough to address the commercial advantage that traders have who are routinely and blatantly breaching the requirements of Code are also supported,” said Mr Young.
Supplementary Consultation is due to close on 4 June 2026 with a final report currently planned for release mid-2026. For more information visit Horticulture Code of Conduct Review – Department of Agriculture, Fisheries and Forestry.
