The Food (Promotion and Placement) (England) (Amendment) Regulations 2023

Made: 30th August 2023

Laid before Parliament: 4th September 2023

Coming into force: 30th September 2023

The Secretary of State has had regard to the fact that no relevant advice has been given by the Food Standards Agency in accordance with section 48(4A)[^f00003] of the 1990 Act.

Citation, commencement and extent

1

These Regulations—

• (a) may be cited as the Food (Promotion and Placement) (England) (Amendment) Regulations 2023;

• (b) come into force on 30th September 2023;

• (c) extend to England and Wales.

Amendment of the Food (Promotion and Placement) (England) Regulations 2021

2

• (1) The Food (Promotion and Placement) (England) Regulations 2021[^f00004] are amended as follows.

• (2) In regulation 1(1A) (commencement etc.), for “2023” substitute “2025”.

• (3) In regulation 5(5) (restriction on the price promotion of specified food), for “these Regulations come” substitute “this regulation comes”.

Signed

Neil O’Brien, — Parliamentary Under Secretary of State, — Department of Health and Social Care — 30th August 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

The Food (Promotion and Placement) (England) Regulations 2021 (“the Principal Regulations”) provide for restrictions on the marketing in a store or on an online marketplace of certain foods and drinks that are less healthy. Regulations 5 and 6 (relating to volume price promotions, including free drink refills) are due to come into force on 1st October 2023.

These Regulations amend the Principal Regulations so that regulations 5 and 6 instead come into force on 1st October 2025. They also amend regulation 5(5) to clarify that the volume price promotion restriction does not apply to food which includes a volume price promotion on its packaging for a period of 12 months beginning on the day regulation 5 comes into force.

An impact assessment has not been produced for this instrument.

Footnotes

[^f00001]: 1990 c. 16. Section 16(1) was amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999 (c. 28); there are other amendments not relevant to this instrument.

[^f00002]: Section 48(4) was amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999 and S.I. 2004/2990.

[^f00003]: Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999.

[^f00004]: S.I. 2021/1368 was amended by S.I. 2022/1007.