Welsh Government seeks public input on new HFSS food and drink restrictions

Retailers in Wales might soon face new legislation aimed at improving the food environment and helping make the healthy choice the easiest choice for Welsh consumers.

The proposed legislation aims to restrict the placement of foods high in fat, salt and sugar (HFSS) and ban free refills or top-ups of sugary drinks. The consultation period ends on September 23, 2024. If approved by the Senedd, the new regulation is expected to come into force next year.

Recognizing the role of retail marketing and promotional strategies in influencing food choices, the Welsh Government opened a consultation on the proposed Food (Promotion and Placement) (Wales) Regulations on July 1.

The policy focuses on the following strategies for restricting products that are high in fat, salt and sugar (HFSS):

• Volume price promotion restrictions – bans promotions that could encourage overconsumption of HFSS products, such as multi-buy deals and buy-one-get-one-free offers. It will apply to both in-store and online promotions, as well as promotions displayed on product packaging and other materials
• Product placement restrictions – prohibits retailers from placing HFSS food and drink products in high-traffic areas within stores, such as entrances, aisle ends and checkout zones. It also applies to online equivalents, including website entry pages, shopping baskets and payment pages
• Free refill promotion restrictions – bans retailers and the out-of-home sector from offering promotions that provide free refills or top-ups of non-pre-packed sugar-sweetened beverages after the initial purchase

Generally, the restrictions will apply to medium and large retailers (defined as those with 50 or more employees), as well as franchise stores where there are 50 or more employees operating under that business name. Exemptions to the restrictions include certain social care settings (although not including children’s homes) and educational institutions.

The proposed regulation will be voted on in the Senedd by the end of 2024. If approved, it is expected to come into force in 2025. Impacted businesses and enforcement bodies will have 12 months to implement the new rules.

This is a crucial time for restaurants and retailers to prepare and proactively adapt to these changes. By reviewing point of sale promotions, multi-buy offers and alternatives to sugar sweetened beverages in mass catering settings, you can stay ahead of the curve and prepare for a smooth transition to these new rules.

Further information on the consultation and details on how to respond can be found here: Proposals to make the food environment healthier | GOV.WALES

For in-depth support on navigating the intricacies of the proposed policy in Wales, or to address regulatory requirements in other parts of the world, please get in touch at [email protected]. Leatherhead’s experienced team of scientists and regulatory experts can support you every step of the way.

Leatherhead Food Research Members are kept up to date with changing regulations through the weekly Global Legal Highlights newsletter. To learn more, get in touch with our membership team at [email protected].