The Calorie Labelling (Out of Home Sector) (England) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations require qualifying businesses which sell food for immediate consumption, either in a café, restaurant or other catering establishment or as take away food, to provide information relating to the energy content of the food they sell to consumers in kilocalories (“calorie information”).

Regulation 3 identifies the food for which calorie information must be displayed.

Regulation 4 defines “exempt food”, for which calorie information does not have to be provided.

Regulation 5 sets out the information which must be displayed, and where that information must be displayed. Regulation 6 sets how this information is to be displayed where food is sold on a website or through a mobile application.

Regulation 7 defines “qualifying businesses”, which are required to display calorie information in relation to food.

Regulations 8 to 12 and the Schedule to the Regulations provide for the enforcement of the Regulations. Regulation 9 applies section 10 of the Food Safety Act 1990 (c. 16) on improvement notices with modifications. The Schedule provides for fixed monetary penalties. Regulation 13 provides for a review of the Regulations every five years in accordance with the Small Business, Enterprise and Employment Act 2015 (c. 26), and regulation 14 applies a number of other provisions of the Food Safety Act 1990 with modifications.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from https://www.gov.uk/government/consultations/calorie-labelling-for-food-and-drink-served-outside-of-the-home, and from the Department of Health and Social Care at 39 Victoria Street, London SW1H 0EU.