Document ID: chunk:federal_register_of_legislation:F2021C00201:clause:1_21
Version: federal_register_of_legislation:F2021C00201
Segment Type: clause
Provision Reference: sch 1 cl 21
Character Range: 32882–34936

21  Fresh produce standards and quality specifications
 (1A) This clause applies only in relation to fresh fruit and vegetables.
 (1) The retailer or wholesaler must provide any fresh produce standards or quality specifications to a supplier in clear, unambiguous and concise written terms.
 (2) The retailer or wholesaler must accept all fresh produce delivered in accordance with relevant fresh produce standards and quality specifications.
 (3) The retailer or wholesaler may reject fresh produce only if all of the following conditions are satisfied:
 (a) the produce fails to meet relevant fresh produce standards or quality specifications;
 (b) the retailer or wholesaler rejects the produce within 24 hours after the produce is delivered to the retailer or wholesaler;
 (c) the retailer or wholesaler does not reject the produce after the retailer or wholesaler has accepted the produce.
 (4) If the retailer or wholesaler rejects fresh produce because it does not meet relevant fresh produce standards or quality specifications, the retailer or wholesaler must provide written reasons for the rejection to the supplier within 48 hours.
 (5) The retailer or wholesaler must communicate any labelling, packaging or preparation requirements for a grocery product to a supplier in clear, unambiguous and concise written terms.
 (6) The retailer or wholesaler must provide a supplier with reasonable written notice of any required changes to packaging, labelling or preparation standards (unless the change is required immediately by law) taking into consideration existing stock held by suppliers (where known) and any agreement as to stock coverage in the relevant grocery supply agreement.
 (7) The retailer or wholesaler must make any claim for damaged grocery products or shortfalls, or any similar claims, within a reasonable time of, and in any event no later than 30 days after, delivery of the groceries to the retailer or wholesaler (or the retailer's or wholesaler's nominee).
Note: See also clause 8 (matters to be covered by agreement).