Restricting promotions of food and drink high in fat, sugar or salt - proposed regulations: consultation

This consultation seeks views on the detail of proposed regulations to restrict the promotions of foods high in fat, sugar or salt where they are sold to the public. The consultation closes on 21 May 2024. If you are unable to respond by then, please contact us and send your completed respondent information form (see supporting documents) to Responses received up to 28 May will be accepted and included in the analysis of this consultation.

Annex C Glossary of Terms

Excess weight: Classified by the National Institute for Health and Care Excellence (NICE) as an adult living with overweight, obesity or severe obesity with a BMI ≥25kg/m2. BMI cut-off for treatment services are lower for Black, Asian and Minority Ethnic (BAME) groups than White groups; 23kg/m2 indicate increased risk and 27.5kg/m2 indicate high risk, respectively.

Franchise: An authorisation granted or sold, such as to use a name or to sell products or services. In its simplest terms, a franchise is an authorisation from one undertaking or business permitting another undertaking or business to sell a product or service under a particular name or trademark.

Free sugars: Anysugars added to food or drink products by the manufacturer, cook or consumer in addition to those naturally found in honey, syrups and unsweetened fruit juice.

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

NPM (Nutrient profile model): The nutrient profiling model 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.

OOH (Out of home):

  • Cafes, all types of restaurants, takeaways, pubs/bars, bakeries, sweet and dessert shops, vending machines, workplace canteens, hotels, mobile caterers, leisure and entertainment venues
  • Supermarkets, delicatessens and convenience stores who provide "food on the go"
  • Places where we purchase food and non-alcoholic drinks when commuting or travelling
  • Manufacturers and suppliers of food to the OOH sector
  • Food delivery services, including online services
  • Any other venue or outlet that sells non-prepacked food ready for immediate consumption.

Pre-packed: 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. 'Prepacked food' does not cover foods packed on the sales premises at the consumer's request or pre-packed for direct sale (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.) A type of food pre-packed for direct sale could include, for example, a freshly-made, filled baguette, packaged and made available for sale in a chiller cabinet.

SDIL (soft drinks industry levy): 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.

Symbol Group: A form of franchise of convenience stores. The group does not necessarily own or operate stores, but acts as suppliers to independent stores which may then trade under a common banner. Being part of a symbol group can offer, among other things, point of sale material, promotional activity and merchandising support.

Targeted foods: Food and drink products that we propose will be subject to promotions restrictions in Scotland.



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