Brining bar is chicken feed, say small farmers
Back to the salt mines as independent producers open new front
SMALL-SCALE chicken producers want a complete end to the brining of poultry products in South Africa.
This demand comes in the wake of this week’s landmark ruling by the High Court in Pretoria that all chicken producers will, as of October 22, have to limit brining levels to 15% of the weight of the brined chicken.
The ruling, which has been welcomed by the minister of agriculture, forestry and fisheries, Senzeni Zokwana, means producers must reduce brine levels from the current 30% as per a regulation promulgated in April this year.
“The judgment confirms that the interest of the consumers and the need to advance fair trade practices is paramount,” said Zokwana.
“Indeed, this judgment advances fair competition between producers and traders of poultry meat products.”
The Association of Meat Importers and Exporters of South Africa said the ruling was good for consumers, who would get to consume more chicken and less salt water. “We are very pleased with the outcome. We think it’s fair and very reasonable; 15% is more than adequate to enhance the taste of the chicken,” said CEO David Wolpert.
The contested regulations related to a cap of total brine injection of 10% and 15% for whole-bird and quick-frozen portions respectively.
The South African Poultry Association tried but failed to get the regulation reviewed or set aside. CEO Kevin Lovell said members would go through the judgment and decide whether to appeal.
He said that for consumers the normal 2kg pack of frozen chicken might change to 1.65kg, which would make a small difference in the price. However, should consumers want to continue with the 2kg pack, the price would rise by about 19%.
He said producers’ profits would be significantly reduced as the cost of brining does not decline when less brine is injected.
According to small-scale producer Mikon Farming, the ruling does not affect the comfor petitive advantage enjoyed by larger producers because the equipment to do brining is prohibitively expensive.
Mikon Farming laid a complaint with the Competition Commission late last week to assess the practice of brining chicken by big producers. The commission found that brining did not contravene the Competition Act.
Geoffrey Anderson, director at Mikon Farming, said brine injection had given larger producers an unfair advantage for many years.
“Brine injection is a major barrier to entering the chicken industry for small-scale farmers, as the equipment required is very expensive.”
Anderson, who said he spoke half-a-dozen small-scale producers, said it cost at least R16.5million for the smallest brine operation.
The brine injector cost about R1.5-million, and an entry-level freezer for individual quick freezing with a capacity of about 2.5 tons an hour went for about R15-million.
“This is why we are calling for a zero-brining regulation to be introduced: so that all producers can compete on a level playing field,” said Anderson.
In his ruling on the regulation this week, Judge Hans-Joachim Fabricius said the issue of brining had been discussed for more than five years, which meant a fair process had been followed.
The poultry association said it was not opposed to the 15% brining limit, but needed clarification on how the department had determined the new brine levels. It maintains that the process of deciding on the limit was flawed and not scientific.
But the judge ruled that “the fact that the minister chose a 15% cap on brining cannot make his decision arbitrary, irrational or unreasonable unless a court can find that the decision is not rationally related to a legitimate government purpose”.
The court said just because an industry participant such as the poultry association did not like the decision to impose a cap did not mean it was reviewable.
We are calling for zero brining so all producers can compete on a level field