Fear of retaliation continues to deter complaints of unfair trading practices (UTPs), the An Rialálaí Agraibhia (Agri-Food Regulator) has said.

The regulator said that "fear of backlash and loss of business" was the leading reason for agri-food suppliers not reporting experiences of UTPs.

The regulator has today (Wednesday, June 24) released the findings of its second annual supplier survey.

The survey gathered feedback from agri-food suppliers on their experiences of trading with eight specific buyers in the retail and wholesale sectors.

Conducted by Red C Research, the Agri-Food Regulator’s supplier survey covered two main areas - compliance with the Unfair Trading Regulations and other general trading issues. 

The survey provided feedback on over 1,313 trading relationships, up 40% on the 2025 survey.

'Last resort'

The regulator's report said that escalating an experience of a UTP is a "last resort for most".

"Raising issues directly with buyers is the preferred resolutionroute for the majority," it said.

CEO of the Agri-Food Regulator Niamh Lenehan told Agriland that the annual survey is "hugely" valuable.

She said it gives suppliers an additional opportunity to provide feedback to the regulator and also helps in informing the regulator for its work on the UTPs.

"Feedback will be used to inform guidelines which we can develop for different sectors," Lenehan explained.

"To have this intelligence coming in from suppliers is hugely beneficial."

She said the decrease in the numbers of suppliers who reported having encountered a UTP is "very welcome".

She said the survey report provides a "lot of other insights that buyers can use in terms of addressing some of the issues that are out there".

Understanding of the regulator

She said there is more work to be done in terms of raising awareness and understanding of the role of the regulator, including what UTPs are.

Lenehan added: "Our role is to make sure there's compliance.

"The regulator was only established in 2023 but these [UTP regulations] have been around since 2021 and the Department of Agriculture was the enforcement authority until the regulator was established.

"They are around a couple of years now so businesses need to be getting on top of these."

Cancellation of orders of perishable products with less than 30 days’ notice, late payment, and requiring the supplier to pay for loss or product deterioration were the most common issues faced by respondents to this year's survey.

Unfair trading practices

There are 10 UTPs that are prohibited in all circumstances, and are known as 'unconditional' or 'black' UTPs.

These include:

Paying later than 30 days for perishable agricultural and food products;
Paying later than 60 days for other agricultural and food products;
Short-notice cancellations of perishable agricultural and food products;
Unilateral contract changes by the buyer;
Risk of loss and deterioration transferred to the supplier;
Refusal of written confirmation of a supply agreement by the buyer, despite request of the supplier.

There are also six UTPs prohibited unless there is agreement between the supplier and their buyer in advance, and these are known as 'conditional' or 'grey' UTPs.

These include:

The buyer returning unsold products to the supplier without paying for those unsold products or for disposal of those products, or both;
Payment by the supplier for stocking, display or listing of products or of making such products available on the market;
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;
Payment by the supplier for advertising.