Food (Promotion and Placement) (Scotland) Regulations 2025: business and regulatory impact assessment

12. Enforcement, Sanctions and Monitoring

Regulations will be enforced using powers in the Food Safety Act 1990 and the Food (Scotland) Act 2015. This policy will be enforced by local authorities (acting as food authorities) on the basis that they have experience of similar enforcement, have local knowledge and can incorporate enforcement of the policy into other inspection visits, where appropriate.

Non-compliance with the requirements or restrictions set out in the Regulations will amount to an offence which could result in a criminal penalty. The maximum criminal penalty proposed is that a person found guilty of an offence will be liable on summary conviction to a fine not exceeding level 4 on the standard scale (£2,500).

Local authorities will be able to issue compliance notices under the Food (Scotland) Act 2015. Under the 2015 Act, compliance notices can be issued in relation to “relevant offences”. Offences in the Regulations will be considered “relevant offences” and therefore it will be possible for food authorities (i.e. local authorities) to issue compliance notices. Aligning with the enforcement regime for other offences in food law should provide for consistency and clarity for business and enforcement authorities.