Unfair Trading Practices (UTPs)

The Unfair Trading Regulations 2023 provide legal protection for any supplier of agri-food products against 16 specific unfair trading practices subject to their annual turnover being lower than the buyer's turnover, once the buyer's annual turnover is greater than €2 million.

These 10 unfair trading practices (UTPs) are prohibited in all circumstances, and are known as 'unconditional' or 'black' UTPs.

1. Paying later than 30 days for perishable agricultural and food products
2. Paying later than 60 days for other agricultural and food products
3. Short-notice cancellations of perishable agricultural and food products
4. Unilateral contract changes by the buyer
5. Payment not related to a specific transaction
6. Risk of loss and deterioration transferred to the supplier
7. Refusal of written confirmation of a supply agreement by the buyer, despite request of the supplier
8. Misuse of trade secrets by the buyer
9. Commercial retaliation by the buyer
10. Transferring the costs of examining customer complaints to the supplier

These six unfair trading practices (UTPs) are prohibited unless there is agreement between the supplier and their buyer in advance, and are known as 'conditional' or 'grey' UTPs.

1. The buyer returning unsold products to the supplier without paying for those unsold products or for disposal of those products, or both
2. Payment by the supplier for stocking, display or listing of products or of making such products available on the market
3. Requiring the supplier to bear all or part of the cost of any discounts on products sold by the buyer as part of a promotion
4. Payment by the supplier for advertising
5. Payment by the supplier for marketing
6. Payment by the supplier for staff for fitting-out premises used for the sale of the supplier’s products