The Food (Promotion and Placement) (England) Regulations 2021

Specified food E+W

3.—(1) For the purposes of these Regulations, “specified food” is food contained in a prepacked food item which—

(a) is Schedule 1 food,

(b) is less healthy (as defined in paragraph (4)), and

(c) is not food to which paragraph (5) (charity food sales) applies.

(2) Where a prepacked food item contains more than one type of food, all of the food contained in the item is to be treated for the purposes of paragraph (1)(a) as Schedule 1 food where one (or more) of the types of food contained in the item would, on its own, be Schedule 1 food.

(3) Where a product contains multiple items of which one (or more) is a prepacked food item containing specified food, the entire product is to be treated as specified food.

(4) For the purposes of this regulation—

(a) food that is not a drink is less healthy if it scores 4 or more points in accordance with the Nutrient Profiling Technical Guidance;

(b) a drink is less healthy if it scores 1 or more points in accordance with the Nutrient Profiling Technical Guidance.

(5) This paragraph applies to food which is—

(a) provided by a charity, in the course of its charitable activities, free or for a price which is less than the cost of providing that food, or

(b) offered for sale by or on behalf of a charity to raise funds for its charitable activities at a single event.

(6) For the purposes of paragraph (5)—

(a) “charity” has the meaning given by section 1 of the Charities Act 2011(1);

(b) “charitable activity” means an activity carried out for a charitable purpose, other than primarily for the purpose of raising funds;

(c) “charitable purpose” has the meaning given by section 2(1) of the Charities Act 2011.

Commencement Information

I1 Reg. 3 in force at 1.10.2022, see reg. 1(1)

(1)

2011 c. 25.