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Empowering Market Regulation of Agricultural Animal Welfare through Product Labeling

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Abstract

In many western countries, rising public concern for the welfare of agricultural animals is reflected in the adoption of direct regulatory standards. The United States has taken a different path, preferring a “market regulation” approach whereby consumers express their preference for agricultural animal welfare through their consumption habits, incentivizing desired welfare practices with dollar bills and obviating the need for direct government regulation. There is, however, little evidence that consumers in the United States actually demand heightened animal welfare practices at market. This article explores the failure of market regulation and the welfare preference paradox posed by consumers who express a strong preference for improved animal welfare in theory, but who do not actually demand heightened animal welfare in practice. I argue that the failure of market regulation is due to the inability of current voluntary and nonstandard animal welfare labeling practices to clearly and credibly disclose to consumers the actual treatment of agricultural animals. As a corollary, effective market regulation of agricultural animal welfare could be empowered simply by improving animal welfare labeling practices.
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... The USA livestock industry relies largely on market regulation, assuming consumers will incentivise producers through price and demand increases for high animal welfare products [18]. Lack of prescription by USA state and federal authorities makes animal welfare laws largely ineffective, with most regulations focused on the meat processing sector, and robust, independently audited on-farm schemes largely absent [18]. ...
... The USA livestock industry relies largely on market regulation, assuming consumers will incentivise producers through price and demand increases for high animal welfare products [18]. Lack of prescription by USA state and federal authorities makes animal welfare laws largely ineffective, with most regulations focused on the meat processing sector, and robust, independently audited on-farm schemes largely absent [18]. Some headway has been made into the assessment of welfare on farm through the introduction of Global Animal Partnership (GAP) measures in 2008 [19] and the Common Swine Industry Audit (CSIA) in 2014 [20]. ...
... While consumer demand for higher animal welfare products does have the potential to drive up welfare standards [38], this is only one determinant of purchasing behaviour (along with cost [43], quality attributes [42], perception of quality/health benefits [31]). Hence, the higher WTP generally does not translate into actual purchasing behaviour (the welfare-preference paradox) [18,31,43]. This conflict between ethical consumption and spending [43] is evidenced by higher demand at the lower price point, leading to an increase in intensive farming practices (particularly in poultry and pig industries) at the risk of potentially lower animal welfare [18]. ...
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... In markets where labels are not adequately regulated, there can be too many standards and too little useful information about their performance, which can lead to a "race to the bottom" that results in undemanding standards as operators choose less costly but also less credible certification systems, especially if consumers do not understand the differences between labels or when label proliferation contributes to lack of comparability and to consumer uncertainty and confusion (Drugova et al., 2020;Harbaugh et al., 2011;Stéphan Marette, 2010;Prag, 2016). Private schemes tend to be perceived as less credible by consumers than public ones (Kelly & Jewell, 2018;Sullivan, 2013;Weinrich & Spiller, 2016). Trust is important for consumers' valuation of a label Janssen et al., 2016;Khachatryan et al., 2020;Tonkin et al., 2015). ...
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... The citizen-consumer gap describes the fact that the percentage of the population that considers a higher animal welfare level important is typically substantially larger than the share of consumers buying products whose labels reflect this information. Although this phenomenon has even been described as a "welfare paradox" by Sullivan (2013), it is well known from other process qualities (Young et al. 2010) and does not necessarily constitute a market failure, as it can be explained by a variety of factors (Birner et al. 2002. For example, stated citizens' preferences may be biased due to social desirability and may reflect true preferences to a lesser degree than revealed market preferences. ...
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Chapter
Numerous private entities—both national and international in scope—have developed or are in the process of developing nonregulatory standards to assure consumers that animals and natural resources used in agricultural production are properly treated. This chapter describes the differing approaches of three countries: one that uses voluntary standards to supplement legal standards (United Kingdom), one that uses voluntary standards as a substitute for legal standards (United States), and a third that uses voluntary standards to assist in interpreting and enforcing legal standards (Canada). The impact of these voluntary standards on international animal welfare initiatives is also discussed.
)) (comparing standards between various labels: Humane Farm Animal Care, Certified Humane
http://www.certifiedhumane.org/uploads/pdf/Comparison Charts/standardscomparisonchart.pdf (accessed Apr. 13, 2013)) (comparing standards between various labels: Humane Farm Animal Care, Certified Humane, Animal Welfare Approved, Global Animal Partnership, USDA Organic, and American Humane Certified).
providing a model where consumers correctly infer credence-good provision from observable market data)
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Econ. 107 (1997) (providing a model where consumers correctly infer credence-good provision from observable market data). [Vol. 19:391