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6.—(1) This regulation applies to a drink which is not a prepacked food item and which—
(a)falls within category 1 of Schedule 1,
(b)is less healthy by virtue of scoring 1 or more points in accordance with the Nutrient Profiling Technical Guidance, and
(c)is not food to which regulation 3(5) (charity food sales) applies.
(2) A qualifying person must not offer a free refill promotion on a drink to which this regulation applies.
(3) In paragraph (2), “free refill promotion” means a promotion that offers the consumer the same drink or another drink to which this regulation applies (including free top-ups of any part of such a drink), for free after consumption of a first drink.
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