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3.—(1) For the purposes of sections 321A(1) (objectives for advertisements: less healthy food and drink), 368FA(1) (advertising: less healthy food and drink) and 368Z14(1) (prohibition of paid-for advertising of less healthy food and drink) of the 2003 Act, a product is a “less healthy food or drink product” if—
(a)it falls within one of the categories set out in paragraphs 2 to 17 of the Schedule to these Regulations, and is not an exempt product within the meaning of paragraph 1 of that Schedule, and
(b)the score for the product when the nutrient profiling model is applied to it in accordance with the Nutrient Profiling Technical Guidance is—
(i)4 or more points in the case of a product which is not a drink, or
(ii)1 or more points in the case of a product which is a drink.
(2) Products within the categories set out in the Schedule are “less healthy food or drink products” whether they are sold for consumption at home or elsewhere.
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