Restricting promotions of food and drink high in fat, sugar or salt: Stakeholder engagement summaries

6. Retail Roundtable – May 2024 – Summary of discussion

10 May 2024, 12:30-14:00

Microsoft Teams

Attendees:

• Jenni Minto MSP, Minister for Public Health and Women’s Health
• Scottish Government officials
• Asda
• Association of Convenience Stores (ACS)
• Boots
• Co-Op
• Deliveroo
• Federation of Small Businesses (FSB)
• Iceland
• Just Eat
• Sainsburys
• ScotMid
• Scottish Grocers’ Federation (SGF)
• Scottish Retail Consortium (SRC)
• Tesco

Summary of discussion

1. Welcome and introductions

• The Minister for Public Health and Women’s Health welcomed attendees to the meeting and provided an overview of the agenda.
• The lead officer for the policy gave a short presentation of the policy’s background and consultation process.
• The purpose of the roundtable was to allow for focused discussion on proposals outlined in the consultation document that were of particular interest to stakeholders, specifically promotion types, qualifying businesses and implementation.
• Briefing and questions were circulated to attendees in advance to help facilitate focused discussion.

2. Promotion types

Questions:

• We have set out our proposals for restricting price and location promotions in our consultation. How effective do you think the definitions and proposals are when considering the implementation of restrictions on the following elements:
• Meal deals: Is there a preferred option from a business perspective? Please explain the benefits and any unintended consequences of each option.
• TPRs: Do you have views on the proposed definition or how it might be improved? Is there data on the use of TPRs to support our consideration of impact?
• Free standing displays: Do you have any views on the proposed definition or how this might be improved? Is there any data on the use of these types of structures to support our considerations around impact?

Discussion

• Concerns raised about the regulatory burden on small businesses, with calls for exemptions (price and location) for stores under 3000 square feet regardless of employee number.
• Preference given for alignment with English regulations.
• Strong opposition to the inclusion of Temporary Price Reductions (TPRs) due to their importance as a business tool.
• Concerns expressed around the definitions of freestanding displays, especially regarding operational challenges.
• Discussion around meal deals, with attendees questioning their impact on overconsumption and suggesting the options may be too complicated to implement and communicate to customers.

3. Qualifying Businesses

Questions:

• We recently issued a point of clarification on qualifying businesses.
• Do you have any comments on the point of clarification issued?
• What are your views on qualifying business within scope including proposed exemptions for small businesses based on employee number and floor space?
• We recently issued a point of clarification on Out of Home businesses operating within the premises of a qualifying business.
• Do you have any comments on the point of clarification issued?
• What are your views on implementing proposed price and location restrictions in out of home businesses?
• Are there any implementation challenges, including unintended consequences?
• What are your views on the proposed approach to symbol groups and franchises?
• Are there any benefits or implementation challenges including unintended consequences of the proposed approach?
• Can you share any additional information about the operation of symbol groups to help inform our considerations?

Discussion

• Suggestion that local authorities may have limited enforcement capabilities.
• Concern the lack of a Primary Authority in Scotland may cause difficulties for implementation.
• Concerns raised in relation to the current definition of symbol groups given perceived enforcement challenges i.e how would enforcement officers be able to identify symbol groups within scope of regulations and how enforcement would be effectively implemented
• More clarity requested around the definition of hospitality businesses in scope.

4. Implementation

Questions:

• Given the proposals, what are your views on the proposed 12 month implementation period? In particular around practicalities associated with the preparation for implementation, i.e. store refit, stock, system changes, consumer communication.
• Building on experience with other policies, do you have any examples of best practice around the process for developing and presenting effective guidance?
• When should this be available to businesses?
• Would you be willing to support the development of guidance and help us test draft guidance as it develops before final versions are made available?
• Do you foresee any impacts on the ability of businesses to trade either within the UK market or internationally as a result of any of the proposed measures? Please explain.

Discussion

• A 12-month minimum implementation period may be possible if regulations align with UK. More time may be needed for aspects such as supply chain communication and licensing considerations.
• Where there are areas of divergence, more time would be needed and a staggered approach could be considered.
• Significant costs and time will be incurred for store refits, particularly for smaller businesses.
• Reiteration of the importance of a coordinated approach to upcoming regulations, to reduce burden on retailers.
• No comments were made on the ability of businesses to trade within the UK market or internationally.

5. Open discussion

• It is anticipated there will be technical challenges in updating systems to reflect changes in meal deal definitions.
• Consistent categories with England's regulations will make implementation easier.
• Emphasis on the need for clear government communication of the policy to consumers, to reduce the risk of abuse towards retail workers.

6. Final comments and close

• The Minister thanked attendees for their valuable contributions, and reiterated the importance of replying to the consultation.
• Attendees were invited to contact officials should they wish to discuss any areas of the policy in more detail before submitting their consultation response.