The regulations use the definition of ‘consumer’ as given in section 2(3) of the Consumer Rights Act 2015. For clarity we have often used ‘food and drink’ in this guidance but, unless otherwise stated, references to ‘food’, including where quoting other documents, include food and drink. Definitions Foodįor the purposes of these regulations, ‘food’ includes food and drink. Where references are made to nutrient profiling model ( NPM) calculations and scores, retailers are expected to check the scores for each product they are assessing. Recommendations and best practice examples outlined in this guidance are not legal requirements of the regulations. practical examples for businesses to consider.To help illustrate the regulations as clearly as possible, this guidance provides: In addition to our duty under the Regulatory Enforcement and Sanctions Act 2008 ( RESA) to review the regulations, the government is also required to undertake a further post-implementation review of the regulations every 5 years and publish a report setting out the conclusions of the review. Failure to comply with regulations may result in a business being issued with an improvement notice and subsequently a fixed monetary penalty if compliance is not achieved as required. These restrictions apply to medium and large businesses (with 50 employees or more). key locations (store entrances, aisle ends and checkouts) when retail stores are over 185.8 square metres (m 2) (or 2,000 square feet ( sq ft)) and the equivalent key locations online.volume price – for example, multibuy offers.This guidance helps to illustrate how the regulations restrict promotions of HFSS or ‘less healthy’ products by: makes it harder for families to make healthier choices when shoppingĬompliance by industry with the promotion and placement regulations can significantly improve our food environment by ensuring healthier food is more easily accessible and more visible in shops, ultimately supporting people to lead healthier lives.does not always align with government healthy eating guidelines.The current retail promotional environment: Previous reports recommended that reducing and rebalancing promotions towards healthier food and drink is essential to help reduce children’s sugar and calorie intakes, and help tackle obesity.įurthermore, the shopping environment plays an important part in the way products are marketed to us, with simple factors such as the location of products within stores significantly affecting what we buy.
The restriction of HFSS products by volume price will come into force on 1 October 2023.Įvidence shows that food retail price promotions are widespread and effective at influencing food preferences and purchases (particularly for children).
( HFSS is otherwise known as ‘less healthy food and drink’ and is referred to as such in the nutrient profiling technical guidance 2011.) The restriction of HFSS products by location will come into force on 1 October 2022. The government then consulted on technical enforcement of the restrictions in 2020.įollowing these consultations, the government introduced legislation to restrict the promotion of HFSS products by volume price (for example, ‘buy one get one free’) and location, both online and in store in England. The government consulted in 2019 on restricting the promotion of HFSS products by volume price (for example, multibuy offers such as ‘buy one get one free’) and location, both online and in store. This guidance, and the regulations to which it refers, applies to businesses operating in and selling to England. businesses implementing the promotion and placement requirements.This guidance is aimed primarily at those affected by the provisions in the regulations, such as: However, it is ultimately the responsibility of individual businesses to ensure their compliance with the law.
The text should not be taken as an authoritative statement or interpretation of the law, as only the courts have this power.Įvery effort has been made to ensure that this guidance is as helpful as possible. While this guidance has been produced to help illustrate how the regulations work, it should be read in conjunction with the regulations themselves. The regulations provide for restrictions on the promotions and placement in retail stores and their online equivalents of certain foods and drinks that are high in fat, salt or sugar ( HFSS) or ‘less healthy’. provide assistance to those affected by the regulations in understanding and applying them.help illustrate how the provisions of the Food (Promotion and Placement) (England) Regulations 2021 (the regulations) work.This guidance document has been developed to:
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