Reminder: HFSS regulations come into force 1st October 2026
As part of a range of action to improve diet and create a food environment that encourages healthier choices, the Scottish Government has developed The Food (Promotion and Placement) (Scotland) Regulations 2025 – restricting the promotion of less healthy food and drink at the point of purchase. The intention of the policy is to reduce the purchase (and consumption) of food & drink that is high in fat, sugar or salt (HFSS). They will come into force on 1st October 2026.
The measures:
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 now excluded from the proposals.
Our success: SGF worked closely with the Scottish Government throughout the policy development process and, alongside partners, successfully convinced the Scottish Government to revert to alignment with the regulations in England and Wales. Including:
The exclusion of all stores below 2,000 sq.ft from the Location Restrictions, which are far more impactful with regard to initial costs for each store.
Alignment with England and Wales means that ingredient profiling will be the same, free-standing displays are not included in Location Restrictions, and Meal Deals & TPRs will not be included in the Pricing Restrictions. The removal of Meal Deals & TPRs also somewhat reduces the unfair competition issues inherent in the Price Promotion Restrictions.
The measures cover two distinct sets of restrictions, Price Promotion and in-store Location.
Price Promotion Restrictions align with similar steps taken by the governments in England and Wales and will apply to businesses with over 50 employees.
Businesses in scope must not offer included as HFSS for sale as part of a volume price promotion (whether in store or on an online marketplace). This includes:
Multibuy promotions (ie financial incentive for buying multiple items compared with buying each item separately (eg. ‘3 for £10’ or ‘buy 6 and save 25%’)
Whole or part ‘free’ promotions (eg. ‘50% extra free’ or ‘buy one get one free’).
Free refills. The restriction on free refill promotions applies to non-prepacked sugary drinks, which are definedas HFSS or ‘less healthy’ by the NPM and are not charity food sales.
Online sales, including the homepage and various functions of pop-ups and search pages.
Franchises arrangements, 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 store.
If a business has entered into an agreement with their franchise partner or symbol group supplier which has the characteristics described, it is considered to be a franchise agreement and therefore within scope of regulations.
Location Restrictions: For businesses in scope of the measures as set out above, the placement of HFSS food and drink products will also be restricted at prominent locations in store and online as listed below. However, location of product restrictions will not apply to smaller stores, under 185.8 m² (2,000 sq ft), which will be exempt.
If a store is not included in the Price Promotion Restrictions they are exempt from the Location restrictions.
Restricted areas:
Any area within 2m of a checkout facility
Checkout facility means a facility in the store intended to be used by consumers to pay for products. This includes a counter at which a cash register is used (including the area behind the counter) and a self-checkout terminal. It may also include other till points or electronic points of sale.
Any area within 2m of a designated queuing area
This can be defined as an area set aside and marked for the purpose of providing a place for consumers to wait to make a purchase. For example, it could be set aside or marked by signs, floor markings, barriers, units or shelving designed to guide customers in a queue to the point of purchase.
Ends of aisle displays
These are displays at the end of (but not in) an aisle, or on a separate structure (for example, an island bin, free-standing unit which could be a fridge or freezer, side stack or clip strip) connected or adjacent to, or within 50cm of, the end of an aisle. An end-of-aisle display may include displays facing the checkout, into the store or the store perimeter.
Store entrances
The regulations restrict the presentation of specified food at any point within the prohibited distance of the midpoint of any public entrance to the store’s main shopping area. Specified food should not be placed at any point within this area, irrespective of whether it can be seen from the store entrance.
A covered external area
This restriction applies to covered areas, outside and connected to a store’s main shopping area, through which the public passes to enter the main shopping area (for example, the foyer, lobby or vestibule).
Penalties for non-compliance
Non-compliance with the regulations will amount to an offence, which could result in a criminal penalty. The maximum criminal penalty is a fine not exceeding level 4 on the standard scale (£2,500).
Local authorities may issue compliance notices as an alternative to prosecution, giving enforcement officers more flexibility to deal with the offences. It is expected that fixed penalty notices will be available as an enforcement option at a later date.
