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

Duty to display calorie information

5.—(1) A qualifying business offering for sale food to which these Regulations apply must—

(a) display the information specified in paragraph (2) in accordance with this regulation at the point at which the consumer chooses what food to buy, and

(b) where the food is offered for sale on a website or through a mobile application, provide that information for display in accordance with regulation 6.

(2) The information which must be displayed under paragraph (1) is—

(a) the energy content—

(i) of a single portion of the food, or

(ii) if the item purchased by the consumer has been prepared by the business for consumption by more than one person, of the whole item,

in kilocalories, followed by the letters “kcal”,

(b) the size of the portion to which the information in sub-paragraph (a)(i) relates, or the number of people for whom the item referred to in sub-paragraph (a)(ii) has been prepared, and

(c) subject to paragraph (3), the statement that “adults need around 2000 kcal a day”.

(3) The statement referred to in paragraph (2)(c) does not need to be included—

(a) in a menu which only includes food for children, or

(b) on a page in a menu if the page only includes food for children.

(4) The information referred to in paragraph (2)(a) and (b) must, unless regulation 6 applies, be displayed—

(a) where food is chosen from a menu—

(i) on the menu, next to the description or the price of the food concerned, and

(ii) so as to comply with paragraph (8), and

(b) subject to paragraph (6), where food is chosen from items on display—

(i) on a label identifying the food concerned, next to, or in close proximity to, each item of food which may be chosen, displayed in a position which ensures that the label can be read by a person choosing that food, and

(ii) so as to comply with paragraph (8).

(5) The statement referred to in paragraph (2)(c) must, unless regulation 6 applies, be displayed—

(a) where food is chosen from a menu—

(i) once on every page in the menu (and where the menu is a double-sided card, on each side of the card),

(ii) where the menu is displayed on a board, in a position on the board which ensures that the statement can be seen and read by a person looking at the board, and

(iii) so as to comply with paragraph (8);

(b) otherwise, subject to paragraph (6)—

(i) in a prominent position, which ensures that the statement will be seen and read by anyone purchasing food from the business at the point at which they choose what food to buy, and

(ii) so as to comply with paragraph (8).

(6) Where food to which these Regulations apply is prepacked for direct sale to the consumer, the information referred to in paragraph (2) may be included on the packaging—

(a) in a position, and

(b) in a type and style of lettering, colour, size and background,

which ensures that the information can be seen and read by a person choosing that food.

(7) A qualifying business does not contravene this regulation if it provides a menu to a consumer which does not display the information required by paragraph (2) (“the required information”) provided that—

(a) the business only offers the consumer a menu which contains the required information, and

(b) a menu without the required information is only provided to a consumer at the express request of the consumer.

(8) A display of information or a statement complies with this paragraph if it is—

(a) easily visible,

(b) clearly legible, and

(c) not in any way hidden or obscured by—

(i) any other written or pictorial matter, or

(ii) any other intervening material.