Nutrano fined $24,850 by ACCC after Horticulture Code breaches

A major Victorian fruit grower and marketer has paid more than $20,000 in penalties following alleged contraventions of the Horticulture Code.

A major Victorian fruit grower, packer and marketer has paid more than $20,000 in penalties following alleged contraventions of the Horticulture Code.

Seven Fields Operations Pty Ltd, better known by its trading name Nutrano, has been fined $24,850 after it was issued with two infringement notices from the ACCC.

Established in 2016, Nutrano operates more than 2000 hectares of citrus, mango and blueberry farms and facilities in Victoria, NSW, Queensland and the NT, while also acting as an agent for other growers by marketing and selling their produce for a commission to supermarkets.

ACCC investigated Nutrano’s compliance with the code following complaints from citrus growers over the lack of transparency about the price Nutrano paid them for their produce and the timing of final payments.

The ACCC alleged Nutrano failed to specify the price it received for produce in grower statements, as required by the code.

“It is a fundamental obligation under the Horticulture Code that agents must be transparent about sales prices they receive, so that growers know the market value of their produce,” ACCC deputy chair Mick Keogh said.

The ACCC also alleges that Nutrano traded under Horticulture Produce Agreements that did not adequately specify the quality requirements and specifications that would be used to determine the quality of the grower’s produce.

Imperial Mandarin at Nutrano Produce Group's Abbotsleigh Citrus Farm.

Following the investigation the ACCC accepted a court-enforceable undertaking, where Nutrano have committed to provide growers with updated statements for the 2022 season, stating the price Nutrano received for the grower’s produce.

“It is encouraging that Nutrano has co-operated with the ACCC’s investigation and has committed to rectifying the issues relating to product specifications,” Mr Keogh said.

As part of the undertaking, Nutrano has also agreed to implement a compliance program and review its Horticulture Produce Agreements to comply with the Horticulture Code.

Nutrano has also committed to remove the terms that the ACCC considered may be unfair.

Nutrano, a collection of wholesalers, bought Seven Fields-Abbotsleigh in 2016, with their largest land holding more than 400ha across three sites in Victoria’s Sunraysia.