Restricting promotions of food and drink high in fat, sugar or salt - proposed regulations: consultation

Footnotes

1. Carbohydrates and Health (publishing.service.gov.uk) (SACN 2015)

2. Tackling obesities: future choices - mid-term review (publishing.service.gov.uk) (2007)

3. Food(s) in this consultation refers to food and drink.

4. Nutrient profiling uses a scoring system which balances the contribution made by beneficial nutrients that are particularly important in diets with components in the foods that the population should eat less of. The overall score indicates whether that food (or drink) is high in fat, sugar or salt (HFSS) – or not.

5. Discretionary foods - foods that provide little or no nutritional benefit and are not necessary for a healthy diet, for example crisps, confectionary, cakes, soft drinks with added sugar.

6. These categories have been adjusted slightly from our 2022 consultation to be consistent with the categories set out in Schedule 1 of the UKG regulations for England.

7. Meal centres are the main element or focus of a meal, but not a complete ready meal e.g. they come without a carbohydrate accompaniment such as rice or potatoes.

8. 'Prepacked food' means any single item for presentation as such to the final consumer and to mass caterers, consisting of a food and the packaging into which it was put before being offered for sale, whether such packaging encloses the food completely or only partially, but in any event in such a way that the contents cannot be altered without opening or changing the packaging. 'Prepacked food' does not cover foods packed on the sales premises at the consumer's request or pre-packed for direct sale (Article 2(2)(e) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers.) A type of food pre-packed for direct sale could include, for example, a freshly-made, filled baguette, packaged and made available for sale in a chiller cabinet.

9. The nutrient profiling model was developed by the Food Standards Agency (FSA) in 2004- 2005 to provide Ofcom, the broadcast regulator, with a tool to differentiate foods on the basis of their nutritional composition, in the context of television advertising foods to children. Nutrient profiling uses a scoring system which balances the contribution made by beneficial nutrients that are particularly important in diets with components in the foods that the population should eat less of. The overall score indicates whether that food (or drink) is HFSS – or not. Foods which score 4 or higher, and drinks which score 1 or higher under this model are classed as HFSS

10. Most foods that are pre-packed such as confectionery or crisps are required to provide nutrition information (including calories per 100g/ml) through the Food Information to Consumers Regulation.

11. Food Standards Scotland. Monitoring Retail and Price Promotions in Scotland 2019-2022. Report in Preparation.

12. Exploring the impact of COVID-19 on retail purchase and price promotion in Scotland between 2019 and 2020 | Food Standards Scotland

13. Consumer Survey on where people shop and meal deals conducted by Progressive Partnership on behalf of the Scottish Government in September 2023 (www.gov.scot)

14. Out of home businesses - marketing strategies: research (www.gov.scot)

15. Lunch meal deals contribution to overconsumption and use of the intervention ladder models to examine stakeholders' potential actions to reduce calorie content (tandfonline.com)

16. Consumer Survey on where people shop and meal deals conducted by Progressive Partnership on behalf of the Scottish Government in September 2023 (www.gov.scot)

17. Consumer Survey on where people shop and meal deals conducted by Progressive Partnership on behalf of the Scottish Government in September 2023 (www.gov.scot)

18. Discretionary food categories are those foods typically high in calories, fat, sugar and/or salt and which are not needed as part of a healthy balanced diet. This includes: confectionery, cakes, sweet biscuits, pastries, savoury snacks, puddings and soft drinks with added sugar, ice cream and dairy desserts.

19. Restricting Multi-Buy Price Promotions on High Fat, Sugar or Salt Discretionary Foods: Summary of SRUC Analysis on Potential Calorie and Nutrient Intake Impact (www.gov.scot); Reducing health harms of foods high in fat, sugar or salt: economic modelling – final report - gov.scot (www.gov.scot)

20. Consumer Survey on where people shop and meal deals conducted by Progressive Partnership on behalf of the Scottish Government in September 2023 (gov.scot)

21. Food Standards Scotland. Monitoring Retail and Price Promotions in Scotland 2019-2022. [Report in Preparation.]

22. Shaw et al (2020) A systematic review of the influences of food store product placement on dietary-related outcomes, Nutrition Reviews, 78 (12);1030–1045; Hollands et al (2019) Altering the availability or proximity of food, alcohol and tobacco products to change their selection and consumption (Review). Cochrane Database of Systematic Reviews 2019(8) Art no. CD012573; Bucher et al (2016) Nudging consumers towards healthier choices: a systematic review of positional influences on food choice. British Journal of Nutrition;115(12):2252-63.

23. As noted at paragraph 92, there is consistent evidence that the placement/and or location of food and drink can influence consumer choices. For example, an observational study in England, which controlled for price, evidenced that end of aisle display significantly increased purchase of carbonated soft drinks. A 2018 survey by the Obesity Health Alliance showed that 43% of all food and drink products located in prominent areas, such as store entrances, checkouts, and aisle ends were for sugary foods and drinks.

24. Designated queuing area - an area set aside and marked for the purpose of providing a place for consumer to wait to make a purchase.

25. Prohibited distance - the smaller of 15m or the following where ais the store's relevant floor area;

26. Mintel (2019) Brits spent £12.3 billion on online groceries in 2018; Food Standards Scotland (2020) The Out of Home Environment (2019)

27. Food Standards Scotland (2022) Exploring the impact of COVID-19 on retail purchase and price promotion in Scotland between 2019 and 2020; Food Standards Scotland (2021) The impact of Covid-19 on the out of home sector in Scotland

28.Food Standards Scotland. Monitoring Retail and Price Promotions in Scotland 2019-2022. Report in Preparation.

29. Targeted HFSS foods (as defined by the NPM) which are sold by a non-charitable business with a proportion of the cost going to charity would be within scope of both price and location restrictions.

30. A "care home service" is a service with the meaning of schedule 12, paragraph 3 of the Public Services Reform (Scotland) Act 2010 which provides accommodation, together with nursing, personal care or personal support, for persons by reason of their vulnerability or need.

31. "schools" means an institution for the provision of primary or secondary education or both primary and secondary education being a public school, a grant-aided school or an independent school, and includes a nursery school and a special school as defined at section 135 of the Education(Scotland) Act 1980.

32. Section 225 of the Criminal Procedure (Scotland) Act 1995.