Food (Promotion and Placement) (Scotland) Regulations 2025: implementation guidance

Annex B: Definitions

Food

For the purposes of these regulations, ‘food’ has the same meaning as in section 1(1) of the Food Safety Act 1990 (“the 1990 Act”), which refers to Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety. In Regulation (EC) No 178/2002, ‘food’ includes (among other things) drink. Unless otherwise stated, references to ‘food’ in this guidance include food and drink.

Charitable body

For the purpose of the regulations, a charitable body” means a body which consists only of one or more charitable purposes, and which provides public benefit in Scotland or elsewhere (as defined at regulation 3(6)(b)).

Consumer

The regulations use the definition of ‘consumer’ as given in section 2(3) of the Consumer Rights Act 2015. This defines ‘consumer’ as an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

Food hall

For the purposes of the regulations, “food hall” means an area, within a store, dedicated (wholly or mainly) to the display of food items or to serving customers in connection with the sale of food items.

But only where:

• the rest of the store is principally dedicated to non-food items,
• there is a checkout facility dedicated to that area (whether or not it could also be used to purchase non-food items),
• it is clearly distinct from the rest of the store (including, for example, by virtue of having dedicated internal or external entrances), and it is occupied by the same business that is primarily responsible for managing and operating the rest of the store (is not a concession).

HFSS

Foods which are high in fat, sugar and/or salt (HFSS). In the UK, the UK Nutrient Profiling Model is applied to determine whether a food is HFSS or less healthy.

NPM

The nutrient profiling model (NPM) uses a scoring system which balances the contribution made by beneficial nutrients that are particularly important in diets with components in the food that the population should eat less of. The overall score indicates whether that food (or drink) is high in fat, sugar or salt (HFSS) or not. Foods which score 4 or higher, and drinks which score 1 or higher under this model are classed as HFSS or less healthy.

Nutrient Profiling Technical Guidance

Guidelines to assist food manufacturers, retailers and advertisers to correctly calculate nutrient profiling scores for their food and drink products.

Online marketplace

For the purposes of the regulations, “online marketplace” means any software (including a website, part of a website or an application) that is used to offer the qualifying business’s products for sale to consumers. Qualifying business’ products could include any product sold by a qualifying business, including own brand and other branded products.

Prepacked food

Prepacked food means an item referred to in article 2(2)(e) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers:

‘prepacked food’ means any single item for presentation as such to the final consumer and to mass caterers, consisting of a food and the packaging into which it was put before being offered for sale, whether such packaging encloses the food completely or only partially, but in any event in such a way that the contents cannot be altered without opening or changing the packaging;

For the purposes of both the assimilated Regulation (EU) No. 1169/2011 on food information to consumers and The Food (Promotion and Placement) (Scotland) Regulations 2025, ‘prepacked food’ does not cover foods packed on the sales premises at the consumer’s request or prepacked for direct sale.

Qualifying business

Businesses that are subject to the regulations (as defined at regulation 4).

Restaurant

For the purposes of the regulations, restaurant means a business whose premises are used mainly for the preparation or sale of food intended for immediate consumption, whether on or off the premises (including a café, coffee shop, fast food or takeaway business).

Schedule food

‘Schedule food’ means food or drink falling within a category specified in the schedule (categories of specified food) of the regulations.

SDIL

The soft drinks industry level or SDIL, is a levy applied to the producer and importers of soft drinks containing added sugar. The SDIL came into force in April 2018 in the UK and applies a higher rate for drinks containing more than 8g sugar per 100ml, and a lower rate for those containing 5g or more (reducing to 4.5g or more from 1 January 2028).

Specified food

‘Specified food’ means food contained in a prepacked food item which is a schedule food and is scored as ‘less healthy’ in accordance with the Nutrient Profiling Technical Guidance 2011.

It is not a food that is:

• provided by a charitable body, in the course of its charitable activities, free or for a price which is less than the cost of providing that food,
• offered for sale by or on behalf of a charitable body at a single event, to raise funds for its charitable activities.

Store

A store is shop where goods are sold. A store can be a physical building and/ or online, such as a website or app.

Volume price promotion

For the purposes of the regulations, a volume price promotion is:

• a multibuy promotion, being the express offer of a financial incentive for buying multiple items compared with buying each item separately (including ‘3 for the price of 2’, ‘3 for £10’ or ‘buy 6 and save 25%’)
• a promotion that indicates that an item – or any part of an item – is free (including ‘50% extra free’ or ‘buy one get one free’).