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The Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024

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Regulation 3

SCHEDULECategories of specified food or drink

This schedule has no associated Explanatory Memorandum

Exempt product

1.—(1) A product is an exempt product for the purposes of regulation 3(1) and this Schedule if it is a product for use for—

(a)special medical purposes, which meets the description in sub-paragraph (2)(a),

(b)infants or young children, which meets the description in sub-paragraph (2)(b), (c) or (d), or

(c)total diet replacement for weight control, which meets the description in sub-paragraph (2)(e).

(2) For the purposes of sub-paragraph (1), the descriptions referred to are—

(a)food for special medical purposes, as defined in Article 2(2)(g) of Regulation (EU) 609/2013 on food intended for infants and young children, food for special medical purposes and total diet replacement for weight control(1), which meet the requirements in Commission Delegated Regulation (EU) 2016/128 supplementing Regulation (EU) 609/2013 as regards the specific compositional and information requirements for food for special medical purposes(2),

(b)foodstuffs intended for particular nutritional use by infants during the first months of life and satisfying by themselves the nutritional requirements of such infants until the introduction of appropriate complementary feeding, which complies with—

(i)Article 9 of Regulation (EU) 609/2013 on food intended for infants and young children, food for special medical purposes and total diet replacement for weight control, and

(ii)Articles 2(1) and (3), 3(1) and (3), 4 and 5 of Commission Delegated Regulation (EU) 2016/127 as regards the specific compositional and information requirements for infant formula and follow-on formula and as regards requirements on information relating to infant and young child feeding(3), as it forms part of domestic law (“Regulation (EU) 2016/127”),

(c)foodstuffs intended for particular nutritional use by infants when appropriate complementary feeding is introduced and constituting the principal liquid element in a progressively diversified diet of such infants, which complies with—

(i)Article 9 of Regulation (EU) 609/2013 on food intended for infants and young children, food for special medical purposes and total diet replacement for weight control, and

(ii)Articles 2(2) and (3), 3(2) and (3), 4 and 5 of Regulation (EU) 2016/127,

(d)baby foods and processed cereal-based foods, as defined in the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003(4), which comply with the requirements of regulations 5 to 7 of those Regulations, and

(e)specially formulated foods intended for use in energy-restricted diets for weight reduction which—

(i)comply with the compositional requirements in Schedule 1 to the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997(5) as it applies in England; and

(ii)when used as instructed by the manufacturer, replace the whole of the total daily diet.

(3) So far as this paragraph applies to Northern Ireland, references in sub-paragraph (2) to—

(a)Regulation (EU) 609/2013 on food intended for infants and young children, food for special medical purposes and total diet replacement for weight control;

(b)Commission Delegated Regulation (EU) 2016/128 supplementing Regulation (EU) 609/2013 as regards the specific compositional and information requirements for food for special medical purposes;

(c)Commission Delegated Regulation (EU) 2016/127 as regards the specific compositional and information requirements for infant formula and follow-on formula and as regards requirements on information relating to infant and young child feeding,

are to be read as references to those instruments as they have effect in EU law and in Northern Ireland by virtue of the Windsor Framework.

(4) In paragraph (3), the “Windsor Framework” means the part of the EU withdrawal agreement known as the Windsor Framework by virtue of Joint Declaration No 1/2023 of 24th March 2023 made between the EU and the United Kingdom in the Joint Committee established by the EU withdrawal agreement(6).

Category 1:

2.  Prepared soft drinks containing added sugar ingredients (other than exempt products referred to in paragraph 1 or the exempt soft drinks referred to in paragraph 5(1)).

3.—(1) The following provisions apply for the purposes of this category.

(2) “Soft drink” means—

(a)a beverage of an alcoholic strength not exceeding 1.2%, or

(b)a liquid or a powder which, when prepared in a specified manner, constitutes a beverage of an alcoholic strength not exceeding 1.2%.

(3) A liquid or a powder is prepared in a specified manner if it is—

(a)diluted,

(b)combined with crushed ice, or processed so as to create crushed ice,

(c)combined with carbon dioxide, or

(d)prepared by way of a process that involves any combination of the processes mentioned in paragraphs (a) to (c).

(4) A soft drink is “prepared” if it is—

(a)a soft drink within sub-paragraph (2)(a), or

(b)a beverage that would result from preparing a liquid or a powder within sub-paragraph (2)(b)—

(i)in a specified manner (see sub-paragraph (3)), and

(ii)in accordance with the relevant dilution ratio.

(5) The “relevant dilution ratio” means—

(a)the dilution ratio stated on, or calculated by reference to information stated on, the packaging of the soft drink, or

(b)where no such dilution ratio or information is stated, the dilution ratio of similar drinks on the market.

4.—(1) A soft drink contains “added sugar ingredients” if any of the following are combined with other ingredients at any stage in the production of the soft drink—

(a)calorific mono-saccharides or di-saccharides;

(b)a substance containing calorific mono-saccharides or di-saccharides.

(2) But a soft drink does not contain “added sugar ingredients” only by reason of containing fruit juice, vegetable juice or milk (or any combination of them).

(3) For the purposes of sub-paragraph (2)—

(a)fruit juice” is to be construed in accordance with regulation 5 (sugar content condition: fruit juice) of the SDIL Regulations;

(b)vegetable juice” is to be construed in accordance with regulation 6 (sugar content condition: vegetable juice) of the SDIL Regulations;

(c)milk” is to be construed in accordance with regulation 7 (sugar content condition and exempt soft drinks: milk and milk-based drinks) of the SDIL Regulations.

5.—(1) An item is an “exempt soft drink” if it is an alcohol substitute drink which meets the specified conditions.

(2) For the purposes of sub-paragraph (1), the specified conditions are—

(a)condition 1 provided for by paragraph (2) of regulation 9 (exempt soft drinks: alcohol substitute drinks) of the SDIL Regulations, and

(b)one or more of conditions 2, 3 and 4 provided for by paragraphs (3) to (5) of regulation 9 of the SDIL Regulations.

Category 2

6.  Savoury snacks whether intended to be consumed alone or as part of a complete meal, such as crisps, pitta bread based snacks, pretzels, poppadums, salted popcorn and prawn crackers (but not raw, roasted, coated or flavoured nuts), including—

(a)products made from potato, other vegetables, grain or pulses;

(b)extruded, sheeted and pelleted products;

(c)savoury crackers, rice cakes or biscuits;

(d)pork rind-based snacks.

Category 3

7.  Breakfast cereals including ready-to-eat cereals, granola, muesli, porridge oats and other oat-based cereals.

Category 4

8.  Confectionery including chocolates and sweets.

Category 5

9.  Ice cream, ice lollies, frozen yoghurt, water ices and similar frozen products.

Category 6

10.  Cakes and cupcakes.

Category 7

11.  Sweet biscuits and bars of any shape based on one or more of nuts, seeds or cereal.

Category 8

12.  Morning goods, including croissants, pains au chocolat and similar pastries, crumpets, pancakes, buns, teacakes, scones, waffles, Danish pastries and fruit loaves.

Category 9

13.  Desserts and puddings, including pies, tarts and flans, cheesecake, gateaux, dairy desserts, sponge puddings, rice pudding, crumbles, fruit fillings, powdered desserts, custards, jellies and meringues.

Category 10

14.  Sweetened (whether with sugar or otherwise) yoghurt and fromage frais.

Category 11

15.  Pizza (except plain pizza bases).

Category 12

16.  Roast potatoes, potato and sweet potato chips, fries and wedges, potato waffles, novelty potato shapes (such as smiley faces), hash browns, rostis, crispy potato slices, potato croquettes.

Category 13

17.  Any of the following which is not an exempt product within the meaning of paragraph 1—

(a)products, such as ready meals, that are marketed as ready for cooking or reheating without requiring further preparation and intended to be consumed as a complete meal;

(b)products ordered from a menu, which by themselves, or together with other products ordered from the same menu, are intended to be consumed as a complete meal;

(c)products, other than products that contain pastry, in or with a sauce (but not a marinade, glaze, dressing, seasoning or similar accompaniment) that are marketed as ready for cooking or reheating without requiring further preparation and intended to be consumed as the main element of a meal;

(d)breaded or battered—

(i)vegetable, fish, shellfish, meat, or poultry products;

(ii)substitute fish, shellfish, meat or poultry products,

including fish fingers, fish cakes, chicken nuggets and breaded meat substitutes;

(e)sandwiches of any kind, including baguettes, ciabattas, wraps, bagels, filled muffins, filled buns or baps, filled croissants, toasties or paninis.

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