The Food (Promotion and Placement) (England) Regulations 2021

Interpretation E+W

2.—(1) In these Regulations—

“consumer” has the meaning given in section 2(3) of the Consumer Rights Act 2015(1);

“online marketplace” means any software (including a website, part of a website, or an application) that is used to offer the qualifying business’s products for sale to consumers;

“prepacked food item” means an item referred to in Article 2(2)(e) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers(2);

“qualifying business” has the meaning given in regulation 4;

“qualifying person” means a person acting in the course of carrying on a qualifying business;

“relevant special offer” means an offer of a discounted price for multiple items promoted as intended to be consumed together as, or as part of, a single meal by one person or by two or more people together (as, for example, in “meal deal” or “dine in for two” offers);

“Schedule 1 food” means food(3) falling within a Schedule 1 category;

“specified food” has the meaning given in regulation 3;

“the Nutrient Profiling Technical Guidance” means the guidelines published by the Secretary of State on 14th January 2011 about the application of the 2004-2005 Nutrient Profiling Model(4).

(2) For the purposes of these Regulations, a qualifying person offers a qualifying business’s products for sale on an online marketplace if they determine (whether on behalf of the qualifying business or on behalf of another business) that the product is to be offered for sale and its price, irrespective of who undertakes on behalf of the qualifying business—

(a) to obtain payment from the purchaser, or

(b) to otherwise operate the online marketplace.

Commencement Information

I1 Reg. 2 in force at 1.10.2022, see reg. 1(1)

(1)

2015 c. 15. Section 2(3) defines “consumer” as an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

(2)

EUR 1169/2011, which was incorporated into domestic law, with effect from 11.00 p.m. on 31st December 2020, by section 3 of the European Union (Withdrawal) Act 2018.

(3)

The definition of “food” in section 1(1) of the Food Safety Act 1990 refers to Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.

(4)

An electronic copy can be found at https://www.gov.uk/government/publications/the-nutrient-profiling-model. Hard copies can be obtained by request to Obesity Team, Department of Health and Social Care, 39 Victoria Street, London, SW1H 0EU.