Out of home sector - mandatory calorie labelling: consultation

The public is being invited to have their say on plans to add the number of calories to menus in the out of home food sector including cafes, restaurants and takeaways.


1. According to the 2019 Scottish Health Survey, 66% of the Scottish population have a body mass index (BMI) over 25, which is considered overweight by the World Health Organisation. A BMI of over 30 is classed as obese.

2. Regulation (EU) No 1169/2011 (Retained EU Legislation) (the Food Information to Consumers Regulation) applies. Under Article 30 and subject to the exemptions in Annex V, nutrition information for prepacked food is mandatory. This means that energy plus the amounts of fat, saturated fat, carbohydrates, sugars, protein and salt need to be shown on the labelling.

3. Includes private, public and third sector outlets providing Out Of Home food and drink.

4. For the purposes of the consultation, an employee is someone who has a contract for full-time or part-time employment. Part-time employees should therefore be included as part of the headcount.

5. The number of outlets is sourced from Food Standards Scotland's FHIS database. The split by business size band is taken from the proportion of businesses in Scotland in each sector (Food and Beverage Service Activities, Accommodation, and Food and Drink Retail) taken from the Inter-Departmental Business Register, March 2020 (unpublished data).

6. Staff and visitor food in hospital and adult care settings are already considered in scope

7. Includes private, public and third sector outlets providing Out Of Home food and drink.

8. The Food Information to Consumers Regulation (Article 44 paragraph 2) covers national measures for non-prepacked food and gives scope to set regulations about how mandatory information is made available and where appropriate how this can be expressed and presented.

9. 'mass caterer' means any establishment (including a vehicle or a fixed or mobile stall), such as restaurants, canteens, schools, hospitals and catering enterprises in which, in the course of a business, food is prepared to be ready for consumption by the final consumer;

10. In this instance 'site' refers to a building complex such as a shopping centre or airport terminal in which the same food business operates from more than one unit within the building complex



Back to top