Part of the government’s obesity strategy, new legislation surrounding the placement and promotional sales of High Fat Salt & Sugar (HFSS) come into effect in October. To help retailers navigate this complicated legislation, the Association of Convenience Stores (ACS) has published an Assured Advice guide created in consultation with Buckinghamshire & Surrey Trading Standards.
When does HFSS come into effect?
1 October 2022
Which categories does it impact?
Soft Drinks with Added Sugar
Confectionery
Cakes
Ice Cream
Crisps & Savoury Snacks
Morning Goods
Puddings & Dairy Desserts
Sweet Biscuits
Breakfast Cereals
Ready Meals
Yoghurts
Milk Drinks with Added Sugar
Juices with Added Sugar
Pizza
Chips & similar Potato Products
Who does it effect?
Volume promotions
Convenience retailers with more than 50 employees must not offer volume promotions on HFSS products. Convenience retailers that are deemed to have a ‘franchise agreement’ will have to calculate their employee numbers based on all employees within the whole franchise business or symbol group they are part of, not just the people directly employed in stores. Retailers will need to consult their symbol group supplier or franchise partner to discuss whether their agreement is considered to be a ‘franchise agreement’ as defined in the regulations.
The regulations define a ‘franchise agreement’ based on the following criteria:
1. You agree with another party to the sale or distribution of food.
2.You agree with another party to the supply of particular food products specified in an agreement.
3.You agree with another party to comparable contractual arrangements as other businesses to:
a) products provided by the franchisor.
b) the internal or external appearance of the premise.
c) the business model used for the operation of the business
Location restrictions
Convenience retailers deemed to have more than 50 employees and relevant internal floor area of over 2,000 sq. ft (185.8sqms) cannot display HFSS products within certain distances of checkouts and designated queuing areas, end-of-aisle units, and store entrances.
Checkouts:
HFSS products cannot be displayed on or behind a checkout facility
Other than on aisle units, HFSS products cannot be displayed within 2m of checkouts
End-of-aisle units:
HFSS products cannot be displayed on end-of-aisle units
Store entrances:
The restricted area around your store entrance is 3% of your total relevant floorspace up to a maximum of 15m
Designated queuing areas:
HFSS products cannot be displayed within 2m of designated queuing areas, including indicative floor stickers.
What is the penalty for not complying with this legislation?
The government proposes that failure to comply with an improvement notice results in the option of issuing a fixed monetary penalty of £2,500 as an alternative to prosecution. The legislation will be enforced by local authorities and Trading Standards.
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