HFSS - Full Guide

Convenience retailers with more than 50 employees must not offer volume promotions on HFSS products. The calculation of your employee numbers could be impacted by your participation in a ‘franchise agreement’, including membership of symbol groups. STEP 1/3: Restrictions on volume promotions Convenience retailers that are deemed to have a ‘franchise agreement’ will have to calculate their employee numbers based on all employees within the whole franchise business or symbol group they are part of , not just the people directly employed in store(s). Convenience retailers will need to consult their symbol group supplier or franchise partner to discuss whether their agreement is considered to be a ‘franchise agreement’ as defined in the regulations. The regulations 1 define a ‘franchise agreement’ based on the following criteria: 1. You agree with another party to the sale or distribution of food. 2. You agree with another party to the supply of particular food products specified in an agreement. 3. You agree with another party to comparable contractual arrangements as other businesses to: a) products provided by the franchisor. b) the internal or external appearance of the premise. c) the business model used for the operation of the business. Retailers should gain access to legal advice on the status of their contracts, either: a) advice provided by their symbol or franchise head office, or, b) advice the retailer has sourced themselves. Franchise agreements and symbol groups 1. IS MY BUSINESS IMPACTED BY THE REGULATIONS? HFSS PRODUCTS: PROMOTION AND LOCATION REGULATIONS An ACS advice guide for retailers acs.org.uk 2 3 Convenience retailers’ obligations under these regulations depend on the number of employees in their business and the size of their selling space in store(s). ACS’ Assured Advice guide will help convenience retailers to understand: • W hich convenience retailers are impacted by the regulations. • W hat volume promotions you can and cannot run on HFSS products. • W here in your store you can and cannot display HFSS products. • W hat area of your website and online platforms are affected. • H ow you can determine if a product is HFSS. • H ow the regulations will be enforced. What is a HFSS product? The regulations apply to the categories of prepacked goods set out in the list below. However, this does not mean every product within each category will be impacted. Products must be assessed on an individual basis to determine their ‘nutritional profiling score’ (NPS). Retailers should work with suppliers to establish what products are HFSS. The majority of suppliers will be clearly communicating what products are HFSS. 1 Source: The Food (Promotion and Placement) (England) Regulations 2021: Section 4 Qualifying Business Soft drinks with added sugar Confectionery Cakes Ice cream Crisps and savoury snacks Morning goods (eg pastries) Puddings and dairy desserts Sweet biscuits Breakfast cereals Ready meals Yoghurts Milk drinks with added sugar Juices with added sugar Pizza Chips and similar potato products NO YES Do you have 50 or more employees? You cannot run volume promotions on HFSS products in store or online. Ask your symbol group or franchise head office whether their advice is that you are included in these regulations. You are exempt from all parts of these regulations. Do you operate any part of your business as a franchise or are you a member of a symbol group?