Regulations on products high in fat, sugar or salt (HFSS)

A decision to regulate the promotion of food and drink high in fat sugar or salt has been made by the Scottish government.

Decisions align with similar steps taken by the governments in England and Wales and will apply to businesses with 50 and more employees. Regulations will:

• target food categories that are significant contributors of calories, fat and sugar to the Scottish diet

• restrict promotion of pre-packed food and drink products within targeted food categories that are high in fat, sugar or salt (HFSS) such as confectionery, cakes, crisps, and sugary soft drinks.

• restrict price promotions of HFSS products such as multi-buy offers (buy one get one free, two for a pound etc.) and free refills of soft drinks with added sugar; 

Meal deals and Temporary Price Reductions (TPR) are excluded from the proposals.

The placement of HFSS food and drink products within scope of regulations will be restricted at prominent locations in store and online as follows:

• checkout areas;

• end of aisles;

• covered external areas; and

• store entrances.

Free-standing displays will not be subject to restriction in these regulations.

Location of product restrictions will not apply to small stores under 185.8 m² (2,000 sq ft).

Franchises or arrangements (like symbol groups), such as where multiple businesses operate under the same name, will be within scope of regulations if the relevant agreement has the characteristics described in the regulations. If a business has entered into a franchise agreement, in accordance with the regulations, the size of the business will be classified by the total employees overall and not the number of employees of the individual franchise or symbol group store.

Regulations will be introduced to the Scottish Parliament this autumn (September) and will be supported by the timely development of clear guidance to help ensure that all parties understand what is expected of them and their responsibilities for ensuring compliance. The Scottish Government intends there to be a period of 12 months between regulations being laid in Parliament and regulations coming into force to enable industry and local authorities to fully prepare.  

Independent analysis of consultation responses can be found here.

The Scottish Government Response to feedback raised in public consultation can be found here.