HFSS - Full Guide

£ ATM Stock Room O ce Store entrance Store entrance Checkouts 4 5 acs.org.uk 1. IS MY BUSINESS IMPACTED BY THE REGULATIONS? Convenience retailers deemed under the definition explained in step one to have more than 50 employees cannot offer volume promotions (as defined in section 2) on HFSS products on their websites and online marketplaces. Online marketplaces refers to any software that allows customers to make a purchase. This could be on a businesses’ website, if this service is provided, or on a third-party delivery application that a business uses. It is important to remember that convenience retailers are liable for the promotion of their products on third party applications. Convenience retailers could demonstrate due diligence by checking that delivery applications they use are aware of the regulations and should record the interaction or the advice received from the online provider 2 . STEP 3/3: Online restrictions The regulations prevent convenience retailers from locating HFSS products on certain areas of their website or online marketplaces similar to the location restrictions in stores. HFFS products cannot be offered for sale online in the following circumstances: Impacted areas of websites and online marketplace Areas of your website/ online marketplace where HFSS products cannot be displayed Examples (not exhaustive) Homepage The highest level public page. Checkout page A page shown to a consumer as part of the checkout process. While a consumer is searching for or browsing non-HFSS products. Promoting HFSS products alongside non-HFSS products . Exemptions exist where HFSS products are within the same categories outlined in the HFSS product category below. On a page not opened intentionally by the consumer. Pop-up page On a favourite products page, unless the food has already been identified as a favourite by the customer. In this case the HFSS food should not be given greater prominence than other foods. A page opened by a consumer for the purpose of browsing products they have previously purchased or intentionally identified as favourite products. Convenience retailers deemed under the definition explained in step one to have more than 50 employees AND relevant internal floor area of over 2,000 sq. ft (185.8sqms) cannot display HFSS products within certain distances of checkouts and designated queuing areas, end-of-aisle units, and store entrances. STEP 2/3: Location restrictions To determine if you are impacted by location restrictions you must calculate if the “relevant floor area” in your business is over 2000sqft (185.8sqm). The relevant internal floor area of your store(s) is NOT the whole store area. You can exclude certain parts of your store from your relevant floor area as outlined in the diagram and table below. How to calculate relevant internal floor area of your store(s)? Areas of the store that DO NOT count towards relevant floor area Examples (not exhaustive) Not used for displaying goods or for serving customers in connection with the sale of goods. • Customer toilets • Stock rooms • Staff areas • ATMs • Parcel lockers • Seating areas (used for the consumption of food) Used mainly for the preparation or sale of food intended for immediate consumption, whether on or off the premise. • Food preparation areas • Bakery counters/ovens • Deli or sandwich counters • Heated food display units • Vending solutions for immediate consumption Occupied by a business other than the business primarily responsible for managing and operating the store (“a concession”), but only where the concession operates its own payment facilities. • Post Office Counters (Mains) • Food concessions with separate payment facilities (including coffee shops) • Pharmacy Convenience retailers should have up to date information available in stores demonstrating how they have come to their relevant floor area calculation to support with enforcement visits. 2 Source: Food Safety Act 1990 – Section 20 and 21 Exclude from relevant floorspace HFSS PRODUCTS: PROMOTION AND LOCATION REGULATIONS An ACS advice guide for retailers © ACS 2022.