Draft Regulations laid before Parliament under section 62(3) of the Regulatory Enforcement and 
Sanctions Act 2008, for approval by resolution of each House of Parliament.  
D R A F T  S T A T U T O R Y  I N S T R U M E N T S  
2021 No.  
FOOD, ENGLAND  
PUBLIC HEALTH, ENGLAND  
The Food ( Promotion and Placement) (England) Regulations 
2021  
Made  - - - - *** 
Coming into force  - - 6 April 2022  
The Secretary of State, in exercise of the powers conferred by sections 6(4), 16(1)(e) and (f) , 26(3)  
and 48(1) of the Food Safety Act 1990 (a) by sectio ns 36, 39, 52, 54, 55, 62(2), 63  and 65 of the 
Regulatory Enforcement and Sanctions Act 2008 (b) (“the 2008 Act”) and by section 105 of the 
Deregulation Act 2015( c) makes the following Regulations.  
The Secretary of State has carried out consultations in acc ordance with sections 48(4) of the Food 
Safety Act 1990 and section 60 of the 2008  Act. 
The Secretary of State is satisfied in accordance with section 66 of the 2008 Act that food 
authorities (who are the regulators for the purpose of these Regulations) wi ll act in accordance 
with the principles referred to in section 5(2) of that Act in exercising a power conferred by these 
Regulations.  
A draft of these Regulations was laid before Parliament in accordance with section 62(3) of the 
2008  Act, and approved by  a resolution of each House of Parliament.  
Citation, commencement, extent and application  
1.—(1) These Regulations may be cited as the Food (Promotion and Placement) (England) 
Regulations 2021 and come into force on 6 April 2022.  
(2) These Re gulations extend to England and Wales, and apply in relation to England only.  
 
(a) 1990  c.16. Section 6(4) was amended by para graph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c. 
40); paragraph 10(3)(a) and (b) of Schedule 5 to the Food Standards Act 1999 (c. 28); and paragraph 1 of Schedule 2 to S.I. 
2002/794. Sections  16(1) and 48(1) and (4) were amended b y paragraph 8 of Schedule 5 to the Food Standards Act 1999. 
Section 48(4) was further amended by regulation 5(a) of the S.I. 2004/2990. There are other amendments to sections 6, 16 
and 48 not relevant to this instrume nt. 
(b) 2008 c.13. Section 39(4) was am ended by paragraph 12(2) of Schedule 5 to S.I. 2015/664.  
(c) 2015 c. 20.   2 Interpretation  
2. In these Regulations — 
“consumer” has the meaning given in section 2(3) of the Consumer Rights Act 2015( a); 
“prepacked food”( b) means any single item for presentat ion as such to the final consumer, 
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 prepacked for direct sale;  
“specified food” has the meaning given in regulation 3;  
“qualifying business” has  the meaning given in regulation 4;  
“the 2004/05 Nutrient Profiling Model” means the tool developed by the Food Standards 
Agency to identify food which is high in fat, salt or sugar (c). 
Specified food  
3.—(1) For the purposes of these Regu lations “specified food” is prepacked food which — 
(a) falls within any of the categories listed in Schedule 1 to these Regulations,  
(b) is high in fat, salt or sugar, and  
(c) is not food to which paragraph (3) applies.  
(2) For the purposes of this regulation — 
(a) food that is  not a drink is high in fat, salt or sugar if it scores 4 or more points under the 
2004/05 Nutrient Profiling Model;  
(b) a drink is high in fat, salt or sugar if it scores 1 or more points under the 2004/05 Nutrient 
Profiling Model.  
(3) This paragraph applies to f ood which is — 
(a) provided by a charity, in the course of its charitable activities, free, or for a price which is 
less than the cost of providing that food, or  
 
(a) 2015 c.15. Section 2(3) defines “consumer” as an individual acting for purposes that are wholly or mainly outside that 
individual’s trade, b usiness, craft or profession.  
(b) “Foo d” in these Regulations takes its meaning from section 1(1) of the Food Safety Act 1990, which refers to Regulation 
(EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles an d requirements of 
food law, establishin g the European Food Safety Authority and laying down procedures in matters of food safety. Article 2 
of that Regulation provides  that: 
 
[…] ‘food’ means any substance or product, whether processed, partially processed  or unprocessed, intended to be, or 
reasonably expected to be, ingested by humans.  
 
‘Food’ includes drink, chewing gum and any substance, including water, intentionally incorporated into the food during its 
manufacture, preparation or treatment. It include s water after the point of compliance a s defined in Article 6 of Directive 
98/83/EC and without prejudice to the requirements of Directives 80/778/EEC and 98/83/EC.  
 
‘Food’ shall not include:  
a) feed;  
b) live animals unless they are prepared for placing in the m arket for human consumption;  
c) plants pri or to harvesting;  
d) medicinal products within the meaning of Council Directives 65/65/EEC and 92/72/EEC;  
e) cosmetics within the meaning of Council Directive 76/768/EEC;  
f) tobacco and tobacco products within the meaning of C ouncil Directive 89/622/EEC;  
g) narcotic o r psychotropic substances within the meaning of the United Nations Single Convention on Narcotic 
Drugs, 1961, and the United Nations Convention on Psychotropic Substances, 1971;  
h) residues and contaminants.  
(c) An elect ronic copy of guidance on the applicati on of the 2004/05 Nutrient Profiling Model can be found at 
https://www.gov.uk/government/publications/the -nutrient -profiling -model . Hard copies of this guidance can be obtained by 
request to Obesity Team, Department of Health and Social Care, 39 Victoria Street, London, SW1H 0EU.   3 (b) offered for sale by or on behalf of a charity, at a single event, to raise funds for its 
charitable  activities.  
(4) For the purposes of paragraph (3) — 
(a) “charity” has the meaning given by section 1 of the Charities Act 2011( a); 
(b) “charitable activity” means an activity carried out for a charitable purpose, other than 
primarily for the purpose of raising funds;  
(c) “charitable purpose” has the meaning given by section 2(1) of the Charities Act 2011 
(reading the reference in section 2(1) to the law of England and Wales as including a 
reference to the law of Scotland and the law of Northern Ireland).  
Qualifying busines ses 
4.—(1) For the purposes of these Regulations a business is a “qualifying business” if — 
(a) it sells to consumers (whether in store or online) — 
(i) any prepacked food, or  
(ii) any dr inks to which regulation 6(1)  applies,  
(b) on the first day of the fi nancial year during which any such sale took place, it had 50 or 
more employees, and  
(c) it is not an exempt business.  
(2) A business is an exempt business if it is — 
(a) an institution providing education to pupils below the age of 18;  
(b) a canteen at a work -place unless  paragraph (3) applies;  
(c) a military establishment or prison (other than a restaurant run at a prison which offers 
food to the public);  
(d) a care home (within the meaning of section 3 of the Care Standards Act 2000( b)) which 
only provides food to residents of the care home and charges for that service as part of the 
cost of the accommodation.  
(3) This paragraph applies if the catering services at a work -place canteen are provided for the 
employer by another business having  50 or more employees on the first day of the financial year 
during which any such services are provided.  
(4) For the purposes of determining how many employees a business has, a business that is 
carried on pursuant to a franchise agreement is to be treated as  part of the business of the 
franchisor and not as a separate business carried on by the franchisee.  
(5) For the purposes of paragraph (4), a “franchise agreement” exists where one undertaking 
(“the franchisee”) and another undertaking (“the franchisor”) agree  that the franchisee carries on a 
business activity which includes the sale or distribution of food (“the franchise business”), and 
paragraph (6) applies to the franchise business.  
(6) This paragraph applies if  one o r more of — 
(a) the products provided in the franchise business;  
(b) the internal or external appearance of the premises where the franchise business is carried 
on; or  
(c) the business model used for the operation of the franchise business,  
 
(a) 2011 c. 25.  
(b) 2000, c.14. Section 3 provides that an establishment is a care home if it is not a h ospital (within the meaning of the Nati onal 
Health Service Act 2006), a children’s home, or of a description excepted by regulations, and if it provides accommodation, 
together with nursing or personal care, for any of the following persons:  
a) persons who ar e or have been ill;  
b) persons who have or  have had a mental disorder;  
c) persons who are disabled or infirm;  
d) persons who are or have been dependent on alcohol or drugs.   4 are agreed by the franchisor , and are similar to that of other undertakings in respect of which the 
franchisor has entered into comparable contractual arrangements . 
(7) For the purposes of this regulation — 
(a) the employees of a business are the persons who  are employed for the purposes of t he 
business;  
(b) “employee” means an individual who has entered into, or works under, a contract of 
employment, whether that contract is for full -time or part -time employment;  
(c) “contract of employment” means a contract of service, whether express or implied, an d (if 
it is express) whether oral or in writing;  
(d) “financial year” means the 12 -month period ending on 31st March;  
(e) “military establishment” means an establishment intended for use for naval, military or 
air force purposes or for the purposes of the Departme nt of the Secretary of State 
responsible for defence ; 
(f) “prison” — 
(i) includes any youth detention accommodation within the meaning of section 107(1) 
(detention and training orders) of the Powers of Criminal Courts (Sentencing) Act 
2000( a), but  
(ii) does not include any naval, military or air force prison . 
Restrictions on the price promotion of specified food  
5.—(1) Subject to paragraph (5), a  qualifying business must not offer volume price promotions 
on specified food (whether the specified food is offered in store or online).  
(2) “Volume price promotion” means — 
(a) a multibuy promotion, meaning the offer of a discount or special price for buying 
multiple items compared with the price for buying each item separately (for example 
“three for the price of two”,  “3 for £10”, “buy 6 and save 25%”);  
(b) a promotion that indicates that a product, or any part of a product, is free (for example 
“fifty per cent extra free”, or “buy one get one free”) . 
(3) For the purposes of paragraph (2)(a), “multiple items” includes — 
(a) more th an one of the same item; and  
(b) different items from within one of the categories in Schedule 1.  
(4) This regulation applies to promotions that are included on the packaging of food as well as to 
promotions that are communicated to a consumer via other means.  
(5) Whe re the packaging of specified food includes a volume price promotion, a qualifying 
business may offer the specified food for sale until  5 April 2023.  
Restrictions on the price promotion of certain drinks  
6.—(1) This regulation applies to drinks which are not prepacked food and which — 
(a) fall within category 1 of  Schedule 1,  
(b) are high in fat, salt or sugar by virtue of scoring 1 or more points under the 2004/05 
Nutrient Profiling Model, and  
(c) are not food to which regulation 3(3) (charity food sa les) applies.  
(2) A qualifying business must not offer a free refill promotion on drinks to which this 
regulation applies.  
 
(a) 2000 c. 6. Section 107(1) has been amended by section 34(5) and (6)(a), (b) and (c) of t he Offender Management Act 2007 
(c. 21)  and para 12 of Schedule 9 to the Criminal Justice and Courts Act 2015 (c. 2).   5 (3) In paragraph (2), “free refill promotion” means a promotion that offers the consumer the 
same drink, or another drink to which this regul ation applies, for free (including free top -ups of 
any part of a drink).  
Restrictions on the placement of specified food – in store  
7.—(1) Subject to paragraph (3), a qualifying business  must not  place specified food  inside a 
physical sto re — 
(a) within two metres of a checkout area ; 
(b) within two metres of  a designated queuing area , unless the specified food is placed  in a 
main shopping  aisle; 
(c) in an end -of-aisle display ; 
(d) [OPTION 1: in the prohibited entrance area]; 
(e) [OPTION 2: at any point within  the prohibited distance of the midpoint  of any public 
entrance to the store’s main shopping area] ; 
(f) in a covered external area . 
(2) In paragraph (1) — 
(a) “checkout area” means a point in the store intended to be used by consumers to pay for 
products , including a s elf-checkout till and a counter at which a cash register is used 
(including the area behind such a counter);  
(b) “designated queuing area” means an area where consumers are intended to queue when 
waiting to complete a purchase;  
(c) [OPTION 1: “prohibited entrance area” means an area  immediately  inside each public 
entrance  to the store ’s main shopping area,  being  a square — 
(i) of area equal to the smaller of 225m2 or 5% of the store’s floor area , and  
(ii) drawn so one edge of the square coincides with  the line of th e entranc e, with the 
midpoint of that edge coinciding wit h the midpoint of the entrance . 
irrespective of whether such area is obstructed by walls or other structural features of the 
store ]; 
(d) [OPTION 2: “the prohibited distance”  means  a distance being the smaller of 15m or the 
following — 
 
where a is the store’s floor area].  
(3) This regulation does not apply to — 
(a) stores with a floor area of less than 185.8 m2; 
(b) stores which only or mainly sell food from a single category listed in Schedule 1.  
(4) In this regulation — 
(a) “covered ex ternal area” means a covered area outside a store’s main shopping area 
connected to the store and through which the public passes to enter the store  (such as  a 
foyer, lobby or vestibule) ; 
(b) “floor area” means an area equal  to the store’s main shopping area ; 
(c) “main shopping area” includes all service areas accessible to the public (such as deli and 
checkout counters and the areas  behind them) but excludes  external covered areas and 
areas with no public access (such as backrooms and storerooms).   6  
Restrictions o n the promotion of specified food – online  
8.—(1) Subject to paragraph s (3) and (4) , a qualifying business must not promote specified food  
on an online marketplace — 
(a) on an entry  page  (whether or not the consumer enters the online marketpla ce via the entry 
page ); 
(b) while a consumer is searching for or browsing products other than specified food;  
(c) while a consumer is searching for or browsing specified food , unless the promoted food 
falls withi n the same Schedule 1 category;  
(d) on a page not opened  intentionally  by the consumer (such as  a “pop -up” or “pop -under”  
page ); 
(e) on a favourite products  page, unless the consumer has  previously purchased the promoted 
food or intentionally  identified it as a favourite product;  
(f) on a checkout page.  
(2) For the purpose s of this regulation — 
(a) “entry  page” means  any of — 
(i) an online marketplace’s highest level public page;  
(ii) the highest level public page of an online marketplace’s grocery section;  
(iii) a page containing pre -determined offers to which a consumer is directed on enterin g 
an online marketplace (a landing page);  
(b) “checkout page ” means a page shown to a consumer as part of the checkout process, such 
as a page listing items the consumer has so far selected for purchase or a page dealing 
with payment, collection or delivery;  
(c) “favourite products page” means a page opened by a consumer for the purpose of 
browsing products they have previously purchased or intentionally identified as favourite 
products;  
(d) “promot e”— 
(i) means offer for sale or otherwise present  in a way intended to attr act the attention of 
a consumer  (including “in case you missed it” or , except on  a favourite products  
page,  “previously purchased” recommendations) ; 
(ii) does not include any presentation of third -party advertising material which is not in 
the direct con trol of  the qualifying business . 
(3) Paragraph (1) does not prohibit promoting specified food on a page  opened intentionally  by a 
consumer for the purpose of browsing special offers generally.  
(4) This regulation does not apply to stores which only or mainly sell food fr om a single 
category listed in Schedule 1.  
Enforcement  
9. Each food authority must enforce and execute these Regulations within its area.  
Improvement notice  
10. If an authorised officer of a food authority has reasonable grounds for believing that a person 
is failing to comply with regulation 5, 6, 7 or 8, the authorised officer may, by a notice served on 
that person (in these Regulations referred to as an “improvement notice”) — 
(a) state the officer’s grounds for believing that the person is failing to comply with 
regulation 5, 6, 7 or 8;  
(b) specify the matters which constitute the person’s failure so to comply;   7 (c) specify the measures which, in the officer’s opinion, the person must take in order to 
secure compliance; and  
(d) require the person to take those measures, or mea sures that are at least equivalent to them, 
within such period as may be specified in the notice.  
Offences  
11. A person commits an offence if they fail to comply with  an improvement notice served 
under regulation 10.  
Sanctions  
12.—(1) A perso n guilty of an offence under regulation 11 is liable on summary conviction to a 
fine. 
(2) Schedule 2 makes provision for fixed monetary penalties.  
Guidance as to use of fixed monetary penalties  
13.—(1) Each food authority must publish guidance  containing information as to — 
(a) the circumstances in which a fixed monetary penalty is likely to be imposed under these 
Regulations;  
(b) the circumstances in which it may not be imposed;  
(c) the amount of the penalty;  
(d) how liab ility for the penalty may be discharged  and the effect of discharge; and  
(e) a person’s rights to make representations and objections and their rights of appeal.  
(2) The food authority must revise the guidance where appropriate.  
(3) The food authority must consult wit h such organisations as appear to them to be 
representative of interests likely to be substantially affected by the guidance before publishing any 
guidance or revised guidance.  
(4) The food authority must have regard to the guidance or revised guidance in exer cising its 
functions under these Regula tions.  
Publication of enforcement action  
14.—(1) Each food authority must publish reports from time to time.  
(2) The reports referred to in paragraph (1) must specify — 
(a) the cases in which a fixed monetary penalty has been imposed, except where it has been 
overturned on appeal;  
(b) the cases in which liability to the fixed monetary penalty has been discharged pursuant to 
paragraph 3(2)(c) of Schedule 2 to these Regulations.  
(3) Nothing in t his regulation authorises the processing of personal data where d oing so would 
contravene data protection legislation, and for these purposes “personal data” and “data protection 
legislation have the same meanings as in section 3 of the Data Protection Act 2018( a). 
Review  
15.—(1) In addition to the revi ew carried out under section 67 of the 2008 Act (Review), the 
Secretary of State must from time to time carry out a review of the regulatory provisions of these 
Regulations (including Schedule 1) and publish a report setting out the conclusions of the revi ew. 
 
(a) 2018 c. 12.   8 (2) The first report must be published before the expiry of the period of five years beginning on 
the date on which these Regulations come into force.  
(3) Subsequent reports must be published at intervals not exceeding fi ve years.  
(4) A report published under this  regulation must, in particular — 
(i) set out the objectives intended to be achieved by the regulatory provisions of these 
Regulations;  
(ii) assess the extent to which those objectives are achieved;  
(iii) assess whether those objecti ves remain appropriate; and  
(iv) if those ob jectives remain appropriate, assess the extent to which they could be 
achieved in another way which involves less onerous regulatory provision.  
(5) In this regulation “regulatory provision” has the same meaning as in 32(4 ) of the Small 
Business, Enterprise and  Employment Act 2015.  
Application of various sections of the Food Safety Act 1990  
16.—(1) The provisions of the Act set out in paragraph (2) apply for purposes of these 
Regulations — 
(a) as if any referenc e in those provisions to the Act, or to  any Part of the Act, were a 
reference to these Regulations;  
(b) with any modifications specified in paragraph (2).  
(2) The provisions of the Act applying, as modified, are — 
(a) section 3 (presumptions that food intended for huma n consumption);  
(b) section 20 (offences du e to fault of another person);  
(c) section 21 (defence of due diligence), as if — 
(i) subsections (2) to (4) applied in relation to an offence under these Regulations as 
they apply in relation to an offence under section 15, and 
(ii) in subsection (4)(b) the reference to “sale or intended sale” included  “promotion or 
presentation”;  
(d) section 30(8) (which relates to documentary evidence);  
(e) section 33(1) (obstruction etc of officers);  
(f) section 33(2), as if the reference to “any such requ irement as is mentioned in subsection 
(1)(b) above” were a reference to any such requirement as is mentioned in that subsection 
as applied by sub -paragraph (e);  
(g) section 34 (time limits for prosecutions);  
(h) section 35(1) (punishment of offences), in so far as  it relates to offences under section 
33(1) as applied by sub -paragraph (e);  
(i) section 35(2) and (3), in so far as it relates to offences under section 33(2) as applied by 
sub-paragraph (f);  
(j) section 36 (offences by bodies corporate);  
(k) section 36A (offences by  Scottish partnerships);  
(l) section 44 (pr otection of officers acting in good faith); and  
(m) section 50 (service of documents).  
 
 
 
 Name  
Address  Parliamentary Under Secretary of State  
Date  Department  
  9  
 SCHEDULE  1 Regulation  3 
Categorie s of food 
Category  1: Non-alcoholic s oft drink s with added  sugar which are either ready to drink or 
which, to be made ready to drink, must be processed.  
For the purposes of this category — 
(a) “added sugar” means sugar added to a drink during production which i s of a type or in 
such quantity not nat urally occurring in the other ingredients;  
(b) “non -alcoholic” means with a content of not more than 1.2% alcohol by volume;  
(c) “processed” means one or more of the following — 
(i) diluted with water;  
(ii) mixed with crushed ice;  
(iii) processed to make crushed ice;  
(iv) mixed with c arbon dioxide;  
(d) “soft drinks” means — 
(i) still or carbonated water -based drinks;  
(ii) milk-based drinks;  
(iii) fruit or vegetable juice -based drinks;  
(e) “sugar”  includes  all monosaccharides  and disaccharides,  including — 
(i) all types of cane and beet  sugar ; 
(ii) sugar from other sour ces such as coconut palm sugar;  
(iii) crystalline  sucrose,  invert  sugar,  dextrose,  molasses ; 
(iv) sugars  in honey,  treacle , malt extract and all types of syrup including  malt syrup,  
fruit syrup,  rice malt syrup,  corn syrup,  high-fructose  corn syrup,  maple  syrup,  
glucose syrup,  glucose -fructose  syrup ; 
(v) fructose,  sucrose,  glucose,  lactose,  hydrolysed  lactose  and galactose  added  as an 
ingredient ; 
(vi) sugars  in all types of nectars  such as coconut  blossom  nectar,  date nectar,  agave  
nectar ; 
(vii) sugars in juice concentrates . 
Categor y 2: Crisps  and other  savoury  snacks  including  all potato  crisps  and similar  products  
made  from  potato,  other  vegetables,  grain  or pulses,  including  extruded,  sheeted  and pelleted  
snacks  such as pitta bread  based  snacks, pretzels,  poppadums,  prawn  crackers , pork scratchings,  
salted  popcorn,  and savoury  crackers  or biscuits  which  are in individually -portioned  bags.  This 
category  does not include  savoury  snacks  that are nuts,  whether  raw or to which  other  food has 
been  added  (such  as salt).  
Category  3: Breakf ast cereals  including  ready -to-eat cereals,  granola,  muesli,  porridge  oats and 
other  oat-based  cereals.  
Category  4: Confectionery  including  chocolates  and sweets.  
Category  5: Ice cream,  ice lollies,  frozen  yogurt,  water ices and similar  frozen  products.  
Category  6: Cakes  (including  cupcakes).  
Category  7: Sweet  biscuits.   10 Category  8: Morning  goods,  meaning  croissants , pains  au chocolat  and similar  pastries,  crumpets,  
pancakes,  buns,  teacakes,  scones,  waffles,  Danish  pastries and fruit loaves.  
Category  9: Dess erts and puddings,  including  pies, tarts and flans,  cheesecake,  gateaux  , dairy  
desserts,  sponge  puddings,  rice pudding,  crumbles,  fruit fillings,  powdered  desserts,  custards,  
jellies  and meringues.  
Category 10:  Yoghu rt. 
Category  11: Pizza  (except  plain  pizza bases).  
Category  12: Roast  potatoes,  potato  and sweet potato chips,  fries and wedges,  potato  waffle s, 
novelty  potato  shapes  (such  as smiley  faces), hash browns,  rostis,  crispy  potato  slices,  potato  
croquettes . 
Category  13: Products  that are marketed  as a meal  that is ready  for cooking  or reheating  without  
requiring  further  preparation  and which  include  a carbohydrate  accompaniment . 
Category  14: Products  that are marketed  as a meal  that is ready  for cooking  or rehea ting without  
requiring  further  preparat ion and which  do not include  a carbohydrate  accompaniment,  such as 
prepared  fish, shellfish,  meat,  poultry  and meat  alternative  products  in a sauce,  but not including  
fish, shellfish,  meat,  poultry  and meat  alternativ es (either  served  plain  or) in a marina de, glaze,  
dressing,  seasoning  or similar  accompaniment.  
Category  15: Breaded  or battered  fish, shellfish,  meat,  poultry  and meat  alternative  products  
including  fish fingers,  fish cakes , chicken  nuggets  and breaded  Quorn. 
 SCHEDULE  2 Regulation  12 
Fixed  Monetary  Penalties  
Interpretation  
1. In this Schedule, references to an authorised officer are to an authorised officer of the food 
authority.  
Civil sanctions  
2.—(1) An authoris ed officer may by notice impose a fixed  monetary penalty on a person in 
relation to an offence under regulation 11.  
(2) Before doing so, the officer must be satisfied beyond reasonable doubt that the person has 
committed an offence.  
(3) For the purposes of this pa ragraph, “fixed monetary penalty” means  a fine of £2,500.  
Notice of intent  
3.—(1) When an authorised officer proposes to impose a fixed monetary penalty on a person, 
the officer must serve on that person a notice of what is proposed (“a n otice of intent”).  
(2) The notice of intent  must include — 
(a) the grounds for the proposal to impose the fixed monetary penalty;  
(b) the amount of the penalty;  
(c) a statement that the liability for the penalty can be discharged by paying 50% of the 
penalty within 28 days  beginning with the day in which the no tice was received;  
(d) information as to — 
(i) the effect of that discharge payment;   11 (ii) the right to make representations and objections within 28 days beginning with the 
day on which the notice of intent was received;  
(iii) the circum stances in which the authorised officer  may not impose the requirement 
(including any defences relating to the offence in relation to which the notice is 
served).  
(iv) the consequences of non -payment.  
Discharge of liability  
4. The penalty is discharged if a perso n who receives a notice of intent pays 50% of the amount 
of the penalty within 28 days beginning with the day on which the notice was received.  
Making representations and objections  
5. A person on whom a notice of intent is served may within 28 days beginnin g with the day on 
which the notice was received make written representations and objections to the authorised 
officer in relation to the proposed imposition of the fixed monetary penalty.  
Service of final notice  
6.—(1) If the person who h as received notice of intent does not d ischarge liability within 28 
days, the authorised officer may serve a final notice imposing a fixed monetary penalty.  
(2) The authorised officer may not serve a final notice on a person where the authorised officer 
is sat isfied that the person would not, by re ason of any defence, be liable to be convicted of the 
offence to which the notice relates.  
(3) An authorised officer who serves a final notice relating to a fixed monetary penalty may not 
serve any other notice under thes e Regulations in relation to the offenc e. 
Contents of final notice  
7. A final notice must include information as to — 
(a) the amount of the penalty;  
(b) the grounds for imposing the penalty;  
(c) how payment may be made;  
(d) the period of 28 days within which payment must be made;  
(e) details of the early payment disc ounts and late payment penalties;  
(f) rights of appeal;  
(g) the consequences of non -payment.  
Discount for early payment  
8. If a person who was served with a notice of intent made representations or objections 
concerning that no tice within the time limit, that person  may discharge the final notice by paying 
50% of the penalty within 14 days beginning with the day on which the final notice was received.  
Grounds of appeal  
9.—(1) The person receiving the final noti ce may appeal against it.  
(2) The grounds f or appeal are — 
(a) that the decision was based on an error of fact;  
(b) that the decision was wrong in law;  
(c) that the decision was unreasonable .  12 Appeals  
10.—(1) An appeal under paragraph 9 is to the First -tier Tribunal.  
(2) A final notice is suspended pending the determination or withdrawal of the appeal.  
(3) The First -tier Tribunal may — 
(a) withd raw, confirm or vary a  final notice ; 
(b) take such steps as an authorised officer  could have taken  in relation to the act or omissio n 
giving rise to a final notice; or  
(c) remit the decision whether to confirm a final notice, or any other matter relating to that 
decision, to an authorised person.  
Non-payment after 28 days  
11.—(1) The penalty must be paid within 28 days of receipt of the final notice.  
(2) If the pen alty is not paid within 56 days , the amount payable is increased by 50%.  
(3) In the case of an appeal it is payable within 14 days of the determination of the appeal (if the 
appeal is unsuccessful), and if it is not paid within 14 days the amount of the penalt y is increased 
by 50%.  
Recovery of payments  
12. An authorised officer may recover any penalty imposed under this Schedule as if payable 
under a court order.  
Criminal proceedings  
13.—(1) If a notice of in tent for a fixed monetary penalty is se rved on any person — 
(a) no criminal proceedings for the offence may be instituted against that person in respect of 
the act or omission to which the notice related before 28 days from the date on which the 
notice of inten t is received; and  
(b) if that person disch arges liability, that person may not at any time be convicted of the 
offence in relation to that act or omission.  
(2) If a fixed monetary penalty is imposed on any person, that person may not at any time be 
convicted of t he offence in respect of the act or omi ssion giving rise to the penalty.  
 
EXPLANATORY  NOTE  
(This  note is not part of the Regulations)  
These  Regulations  provide  for restrictions  on the marketing  in retail  stores  of certain  foods  
and drinks  that are high in fat, salt or sugar.   
Regulation  3 defin es the food and drink  to which  the Regulations  apply.  
Regulation  4 defines  the business  to whom  the Regulations  apply  (“qualifying  businesses”).  
Regulation  5 prohibits  qualifying  businesses  from  offering  certain  price  promotions  on food 
and drink  to which  the Regulations  apply.  
Regulation  6 prohibits  qualifying  businesses  from  offering  certain  promotions  (“free  refills”)  
on drinks  within  the scope  of regulation  6. 
Regulation  7 prohibits  qualifying  businesses  from  placi ng food and drink  to which  the 
Regulati ons apply  in certain  locations  in retail  stores.  
Regulation  8 applies  to online  retailers  and prohibits  the placement  of food and drink  in certain  
parts  of the website  from  which  the food and drink  is sold.  13  
 