Competition and Consumer (Industry Codes—Food and Grocery) Regulations 2024
39Product ranging, shelf space allocation and range reviews
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39 Product ranging, shelf space allocation and range reviews
Product ranging and shelf space allocation principles (1) A large grocery business must publish or provide to all suppliers with whom it has a grocery supply agreement: (a) its product ranging principles; and (b) if the large grocery business is a retailer—its shelf space allocation principles.
Civil penalty:
(a) for a contravention by a body corporate—3,200 penalty units; or
(b) for a contravention by a person who is not a body corporate—640 penalty units.
(2) The large grocery business must act in accordance with the principles and keep them up to date.
Civil penalty:
(a) for a contravention by a body corporate—3,200 penalty units; or
(b) for a contravention by a person who is not a body corporate—640 penalty units.
(3) The large grocery business must apply the principles without discrimination (including without discrimination in favour of its own brand products).
Civil penalty:
(a) for a contravention by a body corporate—3,200 penalty units; or
(b) for a contravention by a person who is not a body corporate—640 penalty units.
Range reviews (4) Within a reasonable time before conducting a range review, the large grocery business must provide suppliers who might be adversely affected by any outcome of the review with clearly expressed written notice of: (a) the purpose of the range review; and (b) the key criteria governing ranging decisions to be made by the review.
Civil penalty:
(a) for a contravention by a body corporate—3,200 penalty units; or
(b) for a contravention by a person who is not a body corporate—640 penalty units.
(5) Following the range review and before making a final decision relating to the range review that may adversely affect a supplier, the large grocery business must provide the supplier with a reasonable opportunity to discuss the decision with the large grocery business, including the basis on which the large grocery business will make the final decision.
Civil penalty:
(a) for a contravention by a body corporate—3,200 penalty units; or
(b) for a contravention by a person who is not a body corporate—640 penalty units.
Interaction with section 32 (6) This section does not limit section 32 (delisting products).