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The Food (Promotion and Placement) (England) (Amendment) Regulations 2023
Overview
In a world grappling with rising energy and goods prices in the wake of the COVID-19 pandemic, it is essential to strike a balance between ensuring the well-being of the populace and supporting businesses. The Food (Promotion and Placement) (England) (Amendment) Regulations 2023, presented by the Department of Health and Social Care, come as a response to this pressing need.
The Food (Promotion and Placement) (England) (Amendment) Regulations 2023 serve as an adjustment to the existing Food (Promotion and Placement) (England) Regulations 2021. These regulations were initially designed to tackle the promotion of high fat, sugar, or salt (HFSS) products in the retail sector. The 2021 regulations set forth restrictions on the promotion of HFSS items by location and volume price, applicable to medium and large businesses with 50 or more employees in England.
The two key requirements of these Regulations include:
- Location Restrictions: These restrictions apply to store entrances, aisle ends, checkouts, and their online equivalents. The aim is to reduce the visibility and accessibility of HFSS products in prominent areas of retail establishments.
- Volume Price Promotion Restrictions: These regulations aimed to prohibit medium and large businesses from offering promotions like “buy-one-get-one-free” or “3 for 2” offers on HFSS products. Additionally, free refills of sugar-sweetened drinks in the out-of-home sector were also subject to these restrictions.
For further context, the 2021 regulations aimed to reduce excess purchases of HFSS products, especially by children, to combat childhood obesity and promote healthier eating choices.
These Regulations came into force on the 30th of September and apply to England.

Do the Food (Promotion and Placement) (England) (Amendment) Regulations 2023 affect my business?
The Food (Promotion and Placement) (England) (Amendment) Regulations 2023 focus specifically on the volume price promotion restrictions, postponing their implementation by two years. Originally scheduled to take effect on October 1, 2023, these restrictions will now be enforced from October 1, 2025. This delay is in response to the global economic challenges brought about by the pandemic, which have led to increased energy and goods prices and subsequently raised the cost of living.
The delay offers several benefits for businesses:
- Economic Relief: The delay provides businesses with much-needed breathing room, allowing them to manage their resources and operations more effectively, given the economic uncertainties.
- Affordability: It supports businesses in their efforts to make food more affordable for consumers, which is particularly crucial during times of economic strain.
- Healthier Choices: By deferring the implementation of volume price promotion restrictions, businesses can better focus on encouraging consumers to make healthier choices.
By postponing the implementation of volume price promotion restrictions, these regulations aim to strike a balance between promoting health and supporting businesses during challenging times. While the delay provides economic relief for businesses, it also underscores the government’s commitment to creating a healthier and more affordable food environment for consumers in the long run.
Do I need the Food (Promotion and Placement) (England) (Amendment) Regulations 2023 in my ISO Compliance Register?
You will need the Food (Promotion and Placement) (England) (Amendment) Regulations 2023 in your ISO Compliance Register if your business is categorised as a medium or large business with 50 or more employees in England engaged in the sale of food or drink. These are the primary entities affected by these regulations. Micro and small businesses (with fewer than 50 employees) are exempt from these restrictions. Additionally, stores smaller than 185.8 square meters (2,000 square feet) are exempt from location restrictions.
Franchise businesses are also considered, with franchisees being treated as part of the franchisor’s business if they collectively employ 50 or more people and engage in the sale or distribution of food. Specialist retailers that primarily sell a single type of food product category, such as chocolatiers or sweet shops, are also exempt from location restrictions.
Legislation related to the Food (Promotion and Placement) (England) (Amendment) Regulations 2023
Legislation related to the Food (Promotion and Placement) (England) (Amendment) Regulations 2023 include:
- The Food Information Regulations 2014
- The Food (Promotion and Placement) (England) Regulations 2021
- Food (Scotland) Act 2015
- Coronavirus Act 2020
More information
Visit the Food (Promotion and Placement) (England) (Amendment) Regulations 2023 article on the legislation.gov.uk website.
Create an account in the ISO Compliance Register App and add this article (which are updated by the Food (Promotion and Placement) (England) (Amendment) Regulations 2023) to your Register.