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Measurement Legislation Index
5. Effect of the Restriction on
Competition
This section commences with a discussion on the Australian domestic
meat market and then describes the impact of the restriction on
each of the key stakeholder groups. The key stakeholder groups are
meat sellers, consumers and governments. The impact is described
in the form of a cost or benefit. Where possible, the value of the
cost or benefit has been quantified. However, where quantification
was not possible, the cost or benefit has been described in qualitative
terms.
5.1 The Australian domestic meat market:
The Australian meat industry produced approximately 3 624 000 tonnes
of meat in 2000 for export and domestic markets. Beef made up the
largest proportion of meat produced at 1 952 000 tonnes followed
by chicken at 593 000 tonnes. The table below indicates that meat
production increased over the period 1998 to 2000 by 150 000 tonnes.
When comparing the 1998 meat production with 2000 meat production,
lamb (+63 000t), chicken (+49 000t), beef (+41 000t) and pig (+5
000t) meat production increased, mutton production remained constant
and veal (-8 000t) meat production decreased.
|
Meat
products
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1998
tonnes
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1999
tonnes
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2000
tonnes
|
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Beef
|
1 911 000
|
1 973 000
|
1 952 000
|
|
Veal
|
44 000
|
38 000
|
36 000
|
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Mutton
|
333 000
|
316 000
|
333 000
|
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Lamb
|
284 000
|
312 000
|
347 000
|
|
Pig
|
358 000
|
370 000
|
363 000
|
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Chicken
|
544 000
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564 000
|
593 000
|
|
Total
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3 474 000
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3 573 000
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3 624 000
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Source: Australian Bureau of Statistics8
Meat is produced for either export or domestic markets. The restriction
on the sale of non-prepacked meat only applies to domestic sales
of non-prepacked meat.
The domestic market is made up of meat sellers and consumers. Meat
sellers can be categorised as wholesalers and retailers, and retailers
can be divided into fresh meat retailers (butchers) and supermarkets
and grocery stores. The table below illustrates that in 1998-99
supermarkets and grocery stores held the greatest share of the domestic
fresh meat market (excluding poultry and seafood) at 61.7%. Fresh
meat retailers held a 37.8% share of the market.
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Retail Outlets
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Income
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Percentage Share
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Supermarkets and grocery stores
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$2 165 800 000
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61.7
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Fresh meat retailers (butchers)
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$1 328 100 000
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37.8
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Other retailers
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$ 18 000 000
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0.5
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Total
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$3 511 900 000
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100.0
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Source: Australian Bureau of Statistics9
In the scoping study the consultant looked to the number of shops
per person in Queensland to give a rough indication of the potential
for competition in the market and found that there is generally
a reasonable degree of competition. The following table is reproduced
from the scoping study.
The Regional Distribution of Retailers
Total Food Retailers

Supermarket and Grocery Retailers

Meat, Fish and Poultry Retailers

Source: Australian Bureau of Statistics
The restriction on the sale of non-prepacked meat impacts largely
on the sale of fresh meat10.
The total income from the domestic sale of fresh meat in 1998-99
was $5 164 100 000. 11 This
can be categorised as fresh meat ($3 511 900 000), fresh poultry
($965 300 000) and fresh seafood ($686 900 000)12.
There are various types of meat which directly compete with each
other such as beef, veal, mutton, lamb, pork, and game. Each of
these types of meat offer a variety of cuts to consumers. For example,
if a consumer intends to buy beef then the consumer may choose from
silverside roast, rump steak, T-bone steak, chuck steak and corned
silverside. Therefore, the consumer is provided with a large variety
of fresh meat products.
In the broader food market, there are a number of competing food
products that give consumers a large number of meal options. The
meal options range from eating out, purchasing `ready-to-eat' or
`ready-to-cook' meals to purchasing a variety of fresh products
and preparing a meal. Consumers are presented with large variety
of food products, which compete with each other.
In 1998-1999 the per capita consumption of meat in Australia decreased
by 2.3% from the previous year to 71.6 kilograms13.
These consumption figures do not include poultry or seafood. The
per capita consumption of poultry in 1998-1999 was 30.8 kilograms
and the per capita intake of seafood was 10.9 kilograms. Many factors
may contribute to this decrease in consumption of meat such as trends
toward vegetarianism, fast food options, religious beliefs and eating
habits in general.
The average weekly household expenditure on meat (including fish
and seafood) was $1914 and
the average expenditure on food and non-alcoholic beverages was
$127 per week15 Therefore,
approximately 15% of average household expenditure on food and non-alcoholic
beverages in 1998-1999 was on meat. This illustrates that meat is
a significant food item purchased regularly by consumers and on
an annual basis represents an average household expenditure of approximately
$988.
In summary:
- There is a reasonable degree of competition in retailing.
- Sales of fresh meat totalled $5 164 100 000 in 1998-99.
- Meat has a number of competing food products.
- Meat is a significant food item purchased regularly by consumers.
5.2 Meat sellers:
The restriction on the sale of non-prepacked meat impacts on any
person selling meat that is not pre-packed. Meat sellers have a
choice as to whether they sell meat packed in advance ready for
sale or not, or to sell a mix of packed/non-prepacked meat products.
Supermarkets and grocery stores typically sell the majority of
their fresh red meat prepacked. A mix of fresh poultry is sold packed/non-prepacked
and the majority of fresh fish is not prepacked. Therefore, the
restriction does not impact on the majority16
of fresh meat products sold from supermarkets and grocery stores.
Butchers do not tend to pre-pack a large proportion of the meat
they sell. The reason can be linked to the marketing appeal of a
butcher. This marketing appeal is that consumers can view a range
of meat products and can interact with a butcher when deciding on
a particular piece of meat, the mass of the meat or the quantity.
Therefore, the restriction on the sale of non-prepacked meat impacts
primarily on butchers.
For the purposes of describing the costs and benefits, meat sellers
are defined as persons selling non-prepacked meat.
5.2.1 Costs:
Regulation results in costs to the community. Some of these costs
are direct costs such as the compliance costs to business. There
may also be other costs associated with any detrimental effects
of regulation on competition in the market. The detrimental effects
may manifest themselves in higher prices as a result of reduced
price rivalry between competing suppliers as well as reduced incentive
for innovation and misallocation of resources.
Compliance costs:
Under current arrangements, the compliance costs to meat sellers
include the cost to mark meat at a price per kilogram and the costs
to purchase, install and maintain a measuring instrument.
The first cost involves the time and labour to mark meat at a price
per kilogram. There must be underlying information and assumptions
on which to base that price, which would include the price paid
to the meat wholesaler, other costs and the market value of the
meat product. The meat seller would need to work through these assumptions
in determining a price per kilogram and label accordingly. If the
restriction were removed, meat sellers would still need to go through
a similar process to determine the price of the product for sale
and label accordingly. Therefore, the cost to meat sellers of retaining
the restriction is considered to be very small.
The second compliance cost relates to the purchase, installation
and maintenance of a weighing instrument. This is required to ensure
that meat is sold at a price by reference to its mass. Consultation
has indicated that a basic scale would cost approximately $450.00.
If the restriction was removed, it is likely that a measuring instrument
would continue to be an essential piece of equipment for a meat
seller. Furthermore, it is unlikely that all meat would be sold
per each if the restriction was lifted. For those products which
would continue to be sold at a price per kilogram, a measuring instrument
would be essential. Therefore, the overall compliance costs of retaining
the restriction are considered to be very small.
Advantaging competitors:
The scoping study indicated that a potential consequence of the
restriction is that supermarkets and grocery stores may have an
advantage over other retailers such as butchers. This is because
`pre-packed meat routinely sold in supermarkets and grocery stores
has the unit price marked, but the total price is also shown and
normally more prominently. This means that consumers know up-front
the total price and number of pieces that will be provided. This
is seen by butchers to attract customers at the expense of other
retailers.'17
The Review Committee considered that this is a marketing issue
and not a cost directly associated with the restriction. Some consumers
prefer the `self-service' offered by supermarkets in the form of
prepacked meat, while other consumers prefer the `personalised'
service offered by butchers who cater for their specific demands.
If butchers determine that a percentage of consumers are demanding
pre-packed meats, then there is nothing preventing butchers from
pre-packing meat to attract customers. Consultation has revealed
that a number of butchers are now selling a mix of packed and non-prepacked
meats.
Butchers also have the option of labelling the price of the meat,
provided that the mass and price per kilogram are also marked. For
example, a butcher may decide to label whole legs of lamb with the
total price, mass and price per kilogram. Or, the butcher may decide
to label whole legs of lamb with the total price and mass, and indicate
the price per kilogram in a statement not less than 10mm high on
the relevant meat tray. These options were raised during consultation,
however the peak industry association highlighted that there may
be practical difficulties as there is a limit on the size and number
of tickets that are used in a meat display window.
The Review Committee also noted that the results of consultation
indicated that supermarkets do sell non-prepacked meat, which is
typically, fresh seafood and some fresh poultry. After weighing
up all of the issues, the Review Committee concluded that the restriction
does not impose costs on certain meat sellers and that this is a
marketing issue. The Review Committee considered that the key issue
was that prepacked meat is also subject to labelling restrictions.
Prepacked articles must be clearly marked with the net weight of
the goods contained in the package. If the packs are in random weight
sizes, the price per kilogram and total price must also be marked.
Therefore, like non-prepacked meat, basic information disclosure
is provided to the consumer.
Innovation cost:
Consultation has indicated that the restriction discourages meat
sellers from innovating and selling specialised meat products. The
reason is that the production of specialised meat products involves
extra labour costs and the addition of other food products, which
translates into a significantly higher price per kilogram. As a
result, consumers tend to avoid these products when sold per kilogram
and meat sellers are discouraged from producing them.
By way of example, Lenard's Pty Ltd advised that the restriction
is holding back on their expansion into `ready-to-cook' red meats
as it is believed that they would need to be sold by each to be
commercially viable18. The
range includes meat products such as lamb kiev, cullet kilpatrick,
lamb rack and lamb cocktail balls. These `ready-to-cook' products
would compete with a range of food products such as frozen meat
products and would attract those consumers demanding easy `ready-to-cook'
meat products.
The application of the restriction to specialised meat products
is a grey area and subject to various interpretations regarding
when `meat' ceases to be meat for the purposes of this restriction.
Generally, the restriction does not apply in the circumstances where
a meat seller has added other food to meat and undertaken a substantial
amount of labour to produce a specialised meat product. For example,
the production of a lamb kiev or a beef wellington would involve
adding other food and substantial labour. The restriction would
not apply to such meat products. However, if the meat seller has
merely crumbed or marinated beef, it would still be considered to
be meat for the purposes of the restriction as it has not substantially
changed. The scoping study indicated that there are various inconsistencies
between the States and Territories in enforcement of the restriction,
particularly in the area of specialised meat products19.
These inconsistencies can create unnecessary uncertainty for meat
sellers and may discourage a degree of innovation.
There is an opposing argument that the restriction actually encourages
innovation as it does not apply to specialised meat products. Therefore,
meat sellers who produce specialised meat products can sell them
either per kilogram or per each. However, the inconsistencies created
during enforcement do create uncertainty. To this extent, retaining
the restriction may discourage a level of innovation and result
in a small innovation cost. Reducing the uncertainty would help
to minimise such costs.
Inequity:
In Queensland, Victoria and the Northern Territory, poultry and
fish are not interpreted as meat and therefore in those jurisdictions
the restriction is not enforced against the sale of poultry and
fish. There is diversity of opinion between jurisdictions as to
whether the definition of meat in the legislation includes fish
and poultry. However, putting the interpretation issue aside, there
does not appear to be any underlying policy justification for excluding
fish and poultry. Non-prepacked fish and poultry are sold readily
by meat sellers and in many instances along side with red meat.
Therefore, meat sellers in Queensland, Victoria and the Northern
Territory are not competing on an equal platform and consumers are
not guaranteed of a standard basis for comparison (ie price per
kilogram) which simplifies the purchasing process of all fresh meat
products.
Consultation has revealed that the majority of basic poultry and
fish products are sold at a price per kilogram in Queensland. For
example, chicken breasts, chicken legs and fish fillets. However,
some processed chicken products appear to be sold per each. Some
of these products would be categorised as specialised meat products
and not subject to the restriction (if it applied) such as chicken
kiev. Other products such as crumbed chicken and chicken rissoles
are sold per each, which can be viewed as giving these meat sellers
an advantage over red meat sellers who are required to price similar
products at a price per kilogram. The number of poultry and fish
products marketed this way is small. Out of the 26 meat sellers
consulted in Queensland, only 3 were selling crumbed chicken per
each and 2 were selling mini roasts per each. On this basis, it
is likely that the relative competitive disadvantage faced by red
meat sellers because of the restriction is small. This situation
is isolated to Queensland.
Consultation also indicated that fresh meat sellers are being treated
differently from other food sellers who do not have to comply with
a similar restriction. Other fresh food products include fruit and
vegetables and bread. Sellers of fruit and vegetables, which are
not pre-packed, do not face a similar restriction. However, fruit
and vegetables can be differentiated from meat as it can be closely
scrutinised by consumers and scales are available to weigh products.
Customer demand forces many retailers to sell fruit and vegetables
by weight and there would be increased cost to sellers if they were
to count every piece of fruit and vegetables upon sale. Bare loaves
of bread are not subject to a similar restriction and consumers
would face similar difficulties as faced when purchasing meat, as
bread can not be closely scrutinised. However, the fact that there
is not uniform restrictions across all fresh food products does
not result in a cost to meat sellers as fruit, vegetables and bread
are not competing products.
Pre-packed articles are exempt from the definition of meat and
as such do not compete directly with meat. Prepacked articles must
be clearly marked with a statement of the measurement of article.
Therefore, consumers are able to make an assessment regarding price/weight
ratio and make comparisons. While it is acknowledged that there
is not uniformity in food restrictions, the Review Committee considers
that any consequential cost incurred by meat sellers because of
the restriction is insignificant.
5.2.2 Benefits:
Equal playing field:
The restriction benefits meat sellers overall by providing an equal
platform from which all meat sellers can trade and compete. Without
the restriction, some meat sellers may find it hard to compete effectively
with other meat sellers. For example, consider a situation where
a meat seller is selling rump steak at $8.00/kg. If the meat seller
determines that a competitor is selling rump steak at $7.00/kg,
the meat seller may reduce his/her price to remain competitive.
If, however, the competitor is selling rump steak at $4.00 each,
then it becomes more difficult for the meat seller to compete directly
on price alone as the mass of the competitor's rump steak is not
easily ascertainable. Therefore, the restriction assists in creating
an equal platform from which all meat sellers can trade. The restriction
also increases consumer confidence given that there is a standard
basis for comparison amongst meat sellers which encourages consumers
to transact in the market.
Of the 46 meat sellers consulted, 12 (26%) identified that the
restriction generates benefits for their business and the most common
benefit stated was that the restriction creates a standard or equal
playing field for selling meat which is fair. 54% of meat sellers
consulted indicated that the restriction should not be removed,
35% indicated that the restriction should be removed and 11% did
not indicate a preference. However, the peak industry association
has lobbied on behalf of its members for the removal of the restriction.
Therefore, weighing up these results the Review Committee considers
that the provision of an equal platform is only a very small benefit
to some meat sellers.
Minimises competitors engaging in deceptive practices:
The restriction also acts to minimise deceptive practices that
competitors may engage in to gain an unfair advantage. Such deceptive
practices include displaying a certain size product for a fixed
price by each and then substituting a smaller product upon purchase,
or decreasing the mass of the product over time while maintaining
a fixed price. Such practices not only impact on consumers, but
also make it hard for meat sellers to complete fairly on an equal
platform. There is limited evidence to indicate that these practices
would be a substantial problem. However, consultation has revealed
that this is one of the areas of concern to consumer organisations
and a number of meat sellers. To the extent that the restriction
provides some restraint on deceptive practices by unscrupulous meat
sellers, its retention would provide a small benefit to reputable
meat sellers.
Minimises transaction costs:
The basic per kilogram pricing minimises transaction costs. A price
that represents per each is a superadded stage to the basic per
kilogram pricing as it requires further effort and calculation on
the part of the meat seller. For example, consultation with meat
sellers indicates that the yield of meat products sold per each
would have to be carefully monitored and products would need to
be standardised where possible. When calculating the price, the
meat seller would need to consider these preparation and labour
costs as well as the price paid to the wholesaler. Consultation
also indicated that some meat sellers would be concerned if wholesalers
commenced selling per each. Some meat sellers indicated that they
would not purchase meat sold per each from wholesalers, while others
indicated that they would have to work out the price per kilogram.
This extra effort and calculation increases transaction costs associated
with the sale and purchase of meats.
Meat sellers may also find it hard to convince some consumers that
they are providing good value for money when competitors use various
pricing methods. Effective marketing could overcome this problem,
however it would also increase transaction costs.
To the extent that the current restriction minimises these
transaction costs for meat sellers, its retention is likely to represent
a benefit to meat sellers. However, any benefit is likely to be
limited by the fact that most sellers are only likely to undertake
the additional effort and cost of selling by each if they believe
it will be outweighed by improved sales and revenue. Therefore,
any benefits are likely to be very small.
5.3 Consumers:
Meat is a significant food item purchased regularly by consumers
and the average annual expenditure on meat is approximately $988
per household. Consumers are presented with a variety of options
when deciding to purchase meat. The first option is where to purchase
meat. It is readily available from supermarkets, grocery stores
and butchers and some of the factors impacting on where to purchase
is the price, quality of product, range of products available, service
received, standard of the outlet and its presentation, convenience
and location. The next option is whether to purchase fresh, frozen,
canned, bottled or processed meat. If a consumer decides to purchase
fresh meat there are a large variety of types of meat available
that have a mixture of cuts. Consumers are also presented with the
option of purchasing either prepacked or non-prepacked meat.
5.3.1 Costs:
Disadvantages consumers who prefer to buy per each:
Consultation has revealed that the restriction may disadvantage
consumers who have a fixed monetary amount they wish to spend on
a meal or meal component. A mandatory reference to a price per kilogram
(ie rump steak $7.00/kg) does not enable a consumer to work out
the exact price and may set an artificially high price impression
in the consumer's mind as opposed to a price per each. The reference
to a price per kilogram also does not permit a consumer to quickly
work out how many slices or pieces of meat there are in a kilogram.
This may lead to consumer embarrassment if items have to be taken
out of the purchase order. Consumers may also be reluctant to purchase
whole cuts of meat, for example, legs of lamb when displayed on
a per kilogram basis because the actual price is not easily ascertainable
while on display.
The National Meat Association of Australia has advised that a 1993
survey of 3,195 customers in New South Wales indicated that 51%
of customers surveyed bought `per each', 23% purchased `per gram'
and 26% purchased `per kilogram'. It was submitted that these results
confirm the belief that consumer preference has shifted from that
which might have existed in the past. Supporting this result is
a submission received from Lenard's Pty Ltd, which sells meat products
per each. Lenard's Pty Ltd have not received any complaints from
consumers about buying meat per each and served in excess of 9,000,000
consumers last year. However, it is not clear from these results
if consumers prefer purchasing all meat products per each or particular
meat products (ie. specialised meat products).
There is diversity of opinion regarding consumer preference for
per kilogram pricing. Anecdotal evidence provided during consultation
suggests that consumers like being able to make price comparisons
by weight when purchasing meat. While some consumers may like to
purchase packaged meat or portions of meat labelled by unit price,
they also appreciate being able to compare the price/weight ratio.
It has also been suggested that the fact that Queensland poultry
and fish retailers largely sell at a price per kilogram without
having to do so is striking evidence of consumer demand for this
type of method of sale.
It was also highlighted during consultation that consumers are
demanding more information about food products, which supports the
continued requirement for a price per kilogram description. Examples
include public support for the new labelling requirements regarding
genetically modified organisms and a recently initiated inquiry
into providing price per weight information on the shelf labels
of supermarket general grocery lines. There have also been calls
from consumer organisations for meat to be graded as it is difficult
for consumers to judge the quality of meat before purchase. For
example, CHOICE20 recently
called for a national standard for beef, which should be overseen
by the Australian New Zealand Food Authority to ensure that it is
enforceable and separate from industry.
If the restriction was removed, consultation has indicated that
the majority of basic meat products would continue to be sold at
a price per kilogram. It is likely that butchers would find it less
cost effective and more difficult to standardise or manage the size
of a yield because of the lack of potential to cut meat to a standard
size without wasting considerable portions of meat in some instances.
It is likely that more processed products would be sold per each.
Some of these processed products would be classified as specialised
meat products, which can currently be priced per each. The remaining
products would be items such as rissoles, patties and crumbed product,
which currently must be priced per kilogram. It is likely that some
meat sellers would commence selling these products per each. However,
in terms of the total market for meat, the removal of the restriction
is likely to lead to only a small change from the current selling
methods. Even then, a proportion of consumers would continue to
be dissatisfied with the price per kilogram description in certain
circumstances, for example when buying to a predetermined $ value.
Therefore, retaining the restriction would represent only a small
cost to these consumers.
Reduces the range of meat products:
As outlined earlier (section 5.2.1), the inconsistencies surrounding
specialised meat products creates unnecessary uncertainty for meat
sellers and may discourage a degree of innovation. To the extent
that this uncertainty reduces the range of specialised meat products
available, there would be a small negative impact on consumers.
5.3.2 Benefits:
Minimises transaction costs through mandatory information disclosure:
Regulation can give benefits to the community or a certain class
within the community. The restriction provides benefits to meat
consumers by minimising their transaction costs through mandatory
information disclosure.
In a completely free market, consumers may find it costly to obtain
relevant, accurate and reliable information on the quality and quantity
of meat sold by a meat seller. For example, the health and safety
related prohibition on consumers handling meat before purchase makes
it extremely hard to make an assessment regarding the quality and
quantity of the meat. This differentiates meat from other staple
food such as fruit and vegetables that can be closely scrutinised
by consumers through smell and touch, and in some cases, sampled.
If the meat seller uses another pricing method such as a price per
item, consumers may find it difficult to assess the relative value
for money of the various meat products on display. This situation
becomes even more difficult if a consumer tries to make an assessment
of value for money between a number of meat sellers. For example,
it becomes difficult for a consumer to determine value for money
between one meat seller selling rump steak at $7.00/kg and another
meat seller selling rump steak at $4.00 per steak. When viewing
the products, the consumer's perception may be distorted due to
the presentation of the steak.
Consumers can overcome information failures by acquiring information
about meat products. However, as meat is purchased regularly, consumers
may face high transaction costs in trying to determine this information
for themselves. This can lead to an inefficient market outcome and
public dissatisfaction.
The restriction requires the disclosure of information in the form
of a price per kilogram description and the requirement to sell
by a reference to the product's mass. This description can be used
as a point of reference to compare different meat products. It also
enables consumers to compare between similar products offered by
meat sellers and between prepacked/non prepacked meat. For example,
if a consumer wishes to purchase rump steak the consumer can compare
the price per kilogram advertised at a butcher with other butchers
and/or with prepacked meat at a supermarket. Consultation has indicated
that consumers may also find the description helpful to determine
whether a price is particularly cheap. Therefore, the restriction
reduces transaction costs for consumers and enables them to shop
for meat with confidence knowing that there is a standard basis
for comparison amongst meat sellers.
As discussed in section 5.2, removing the restriction could increase
transaction costs for meat sellers. These transaction costs relate
to the further effort and calculation of per each pricing and the
possibility of increased marketing costs to convince consumers that
their products are providing value for money. Ultimately, the increased
transaction costs could be passed onto consumers in the form of
higher prices for products sold per each. Therefore, the basic per
kilogram pricing minimises these transaction costs.
In determining the extent of the benefit, the Review Committee
noted the consultation results from consumer organisations and some
industry representatives, which indicated that the mandatory information
disclosure based on a price per kilogram description is fundamental.
The Review Committee also acknowledged that one of the eight fundamental
consumer rights adopted by the United Nations is: "the right
to be informed - the right to be given the facts and information
you need to make your own choices". Therefore, the Review Committee
considered that the minimisation of transaction costs through mandatory
information disclosure generates a small to moderate benefit to
some consumers.
Indication of value for money:
It was indicated during consultation that the more expensive lines
sell much more readily when priced per each as consumers tend to
avoid the products when priced per kilogram. The price per kilogram
can be viewed as giving consumers an indication of value for money.
For example, if chicken breast is sold at $10.00/kg and crumbed
chicken breast is sold at $12.00/kg, then consumers can make an
assessment of the value of the products. The price per kilogram
description is more transparent than per each pricing. For example,
consider a consumer comparing chicken breast at $10.00/kg with pieces
of crumbed chicken at $3 each.
However, consultation also highlighted that the price per kilogram
will not necessarily provide consumers with a good measure of value
for money. The amount of fat and/or bones may typically vary in
certain meat products. A meat product may be sold boneless, semi-boned
or bone-in. For example, meat seller "A" may sell a leg
of lamb for $12.99/kg whereas meat seller "B" may sell
a leg of lamb for $6.99/kg. Both meat sellers ticket the product
as "leg of lamb". However, the difference between the
meat products is that meat seller "A"s product is boneless
whereas meat seller "B"s product is semi boned. Quite
often a consumer cannot visually distinguish the two products and
would therefore prefer to purchase the cheaper product (with more
bone content) as a measure of value for money.
It was also raised during consultation that not only does the price
per kilogram description make it simple to compare prices between
meat sellers, it also informs consumers when the price of meat is
particularly cheap and therefore good value for money.
After weighing up these issues, the Review Committee considered
that the price per kilogram description provides a very small benefit
to consumers in determining value for money.
Minimises deceptive practices:
The restriction also protects consumers from deceptive practices.
Consultation has revealed that some meat sellers could engage in
practices such as displaying a certain size product for a fixed
price by each and then substituting a smaller product upon purchase.
The true value of a product could also be hidden from the consumer
by maintaining a set price for a product and decreasing the mass
of the product over time. Hence, there could be an increase in the
price per kilogram at any time without the consumer being aware
of the price rise. Another practice is selling small legs of lamb,
roasts etc at the same price as larger cuts of meat in other stores.
Consumer organisations have indicated that disputes would be difficult
to resolve, because of the impossibility of returning the product.
There is little evidence of such practices occurring in Western
Australia and New Zealand where meat sellers are not subject to
a similar restriction. However, consultation has revealed that this
is one of the areas of concern to consumer organisations and a number
of meat sellers. Overall, retaining the restriction is considered
to represent a small benefit to consumers through its role in inhibiting
deceptive practices.
Advantages consumers who prefer to buy at `$/kg':
Consultation has revealed that the restriction impacts positively
on those consumers who wish to buy to a recipe and require meat
to be weighed to recipe specifications. Anecdotal evidence provided
during consultation also suggests that consumers like being able
to make price comparisons by weight when purchasing meat and most
other processed foods. While some consumers may like to purchase
packaged meat or portions of meat labelled by unit price, they also
appreciate being able to compare the price/weight ratio. As noted
in section 5.3.1, the exact number of consumers that would prefer
this method of sale is unclear. If the restriction was removed,
it is likely that the majority of meat would continue to be sold
at a price per kilogram due to the inherent difficulties in managing
the size of yields as discussed in section 4.2. Therefore, the restriction
only generates a small benefit for these consumers by guaranteeing
that non-prepacked meat is sold at a price per kilogram.
5.4 Government:
The Uniform Trade Measurement Legislation is administered by the
following government agencies throughout Australia:
|
Jurisdiction
|
Agency
|
|
Northern Territory
|
Department of Justice
|
|
Queensland
|
Department of Tourism, Racing and Fair Trading
|
|
Australian Capital Territory
|
Office of Fair Trading
|
|
New South Wales
|
Department of Fair Trading
|
|
Victoria
|
Trade Measurement Victoria
|
|
South Australia
|
Office of Consumer and Business Affairs
|
|
Tasmania
|
Office of Consumer Affairs and Fair Trading
|
These agencies engage in activities to ensure that meat sellers
are complying with the restriction. The enforcement costs are those
incurred by the relevant government agencies in having trade measurement
officers/inspectors randomly visit a range of meat sellers to determine
compliance with the restriction. For example, statistics from New
South Wales indicate that during the 2000/2001 financial year, inspectors
conducted 546 inspections of meat retailers (which included supermarkets).
This would equate to $35,000 in inspectors time devoted to this
restriction. Statistics from South Australia indicate that officers
visited 165 retail butcher's premises in 2001.
Consultation with government agencies has indicated that the cost
of administering the restriction is very small. If the restriction
was removed, trade measurement officers would continue to randomly
visit a range of meat sellers to check trading practices.
5.5 Conclusion:
The costs and benefits can be summarised as follows:
|
Stakeholder
|
Description
|
Size
|
|
Costs
|
|
|
|
Meat Sellers
|
Compliance cost
Innovation cost
Inequity
|
- very small
- small
- small
|
|
Consumers
|
Disadvantages consumers who prefer to buy by `each'
Reduces the range of meat products
|
- small
- small
|
|
Government
|
Administration and enforcement cost
|
- very small
|
|
Benefits
|
|
|
|
Meat Sellers
|
Equal playing field
Minimises competitors engaging in deceptive practices
Minimises transaction costs
|
+ very small
+ small
+ very small
|
|
Consumers
|
Minimises transaction costs through information disclosure
Indication of value for money
Minimises deceptive practices
Advantages consumers who prefer to buy by `$/kg'
|
+ small to moderate
+ very small
+ small
+ small
|
Therefore, the overall assessment is that the restriction generates
a small net benefit to the community.
8 Australian Bureau of Statistics, Livestock
and Livestock Products 7113.0 1999-00
9 Australian Bureau of Statistics, Retail
Industry, Commodity Sales 8624.0 1998-99
10 It is acknowledged that the restriction
applies to cooked meat which is produced for sale elsewhere, however
it is estimated that only a small proportion of meat is sold this
way.
11 Australian Bureau of Statistics, Retail
Industry, Commodity Sales 8624.0 1998-99
12 Please note that the ABS indicates
that the sales from fresh seafood has a relative standard error
of between 25% and 50% and should be used with caution.
13 Australian Bureau of Statistics, Apparent
Consumption of Foodstuffs, 4306.0 1998-99
14 Australian Bureau of Statistics, Household
Expenditure Survey 6535.0 1998-99
15 ibid
16 Income from fresh meat sales in 1998-99
were $2 165 800 000 (red meat), $711 300 000 (poultry) and $191
600 000 (seafood). See Australian Bureau of Statistics, Retail Industry,
Commodity Sales, 8624.0 1998-99.
17 See page 20 of the Scoping Study.
18 See Scoping Study page 19.
19 See Scoping Study page 21.
20 Choice, `Food: Food Opinion Column:
A load of old beef?', `Any old beef? No guarantee of domestic beef
quality, says Choice' www.choice.com.au.
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