The Food (Promotion and Presentation) (Wales) Regulations 2025

Regulation 3

SCHEDULE 1 Categories of specified food

Category 1

1.  Prepared soft drinks containing added sugar ingredients (other than the exempt soft drinks listed in paragraph 2(9)).

2.—(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 the meaning of paragraph 2(2)(a),

(b) a soft drink within the meaning of paragraph 2(2)(b), or

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

(i) in a specified manner (see paragraph 2(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.

(6) 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 monosaccharides or disaccharides;

(b) a substance containing calorific monosaccharides or disaccharides.

(7) 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).

(8) In sub-paragraph (7)—

(a) “fruit juice” is to be interpreted in accordance with regulation 5 of the Soft Drinks Industry Levy Regulations 2018(1) (sugar content condition: fruit juice) (“the SDIL Regulations”);

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

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

(9) The following are “exempt soft drinks”—

(a) soft drinks which are similar to a particular kind of alcoholic beverage and which meet specified conditions;

(b) soft drinks of a specified description which are for use for medicinal or other specified purposes.

(10) For the purposes of sub-paragraph (9)(a), the specified conditions are—

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

(11) For the purposes of sub-paragraph (9)(b)—

(a) the medicinal or other specified purposes are those provided for by paragraph (1) of regulation 10 of the SDIL Regulations (exempt soft drinks: for medicinal or other purposes), and

(b) the specified descriptions are the corresponding descriptions provided for in paragraph (3) of regulation 10 of the SDIL Regulations.

Category 2

3.—(1) Any of the following—

(a) savoury snacks whether intended to be consumed alone or as part of a complete meal including—

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

(ii) extruded, sheeted and pelleted products;

(iii) bagged savoury crackers, rice cakes or biscuits,

such as crisps, pitta bread based snacks, pretzels, poppadums, salted popcorn and prawn crackers (but not raw, roasted, coated or flavoured nuts);

(b) pork rind-based snacks whether intended to be consumed alone or as part of a complete meal.

Category 3

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

Category 4

5.  Confectionery, including chocolates and sweets.

Category 5

6.  Ice cream, ice lollies, frozen yogurt, water ices and similar frozen products.

Category 6

7.  Cakes and cupcakes.

Category 7

8.  Sweet biscuits and bars based on one or more of nuts, seeds or cereal.

Category 8

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

Category 9

10.  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

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

Category 11

12.  Pizza (except plain pizza bases).

Category 12

13.  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

14.—(1) Any of the following—

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

(b) 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;

(c) breaded or battered—

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

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

including fish fingers, fish cakes and chicken nuggets.

Regulation 12

SCHEDULE 2 Fixed monetary penalties

Imposition of a fixed monetary penalty

1.—(1) A food authority may by notice impose a fixed monetary penalty on a person in relation to an offence under regulation 11.

(2) Before doing so, the food authority must be satisfied beyond reasonable doubt that the person has committed the offence.

(3) The amount of penalty to be paid to the food authority as a fixed monetary penalty is £2,500.

Notice of intent

2.—(1) When a food authority proposes to impose a fixed monetary penalty on a person, the food authority must serve on that person a notice of what is proposed (“notice of intent”).

(2) The notice of intent must include—

(a) the grounds for the proposal to impose the fixed monetary penalty;

(b) the amount of the penalty;

(c) a statement that the liability for the penalty can be discharged by paying 50% of the penalty within 28 days beginning with the day on which the notice was received;

(d) information as to—

(i) the effect of the discharge payment in sub-paragraph (2)(c);

(ii) the right to make representations and objections within 28 days beginning with the day on which the notice of intent was received;

(iii) the circumstances in which the food authority may not impose the fixed monetary penalty (including any defences relating to the offence in relation to which the notice is served).

Discharge of liability

3.  The penalty is discharged if a person who receives a notice of intent pays 50% of the amount of the penalty within 28 days beginning with the day on which the notice was received.

Making representations and objections

4.—(1) A person on whom a notice of intent is served may, within 28 days beginning with the day on which the notice was received, make written representations and objections to the food authority in relation to the proposed imposition of the fixed monetary penalty.

(2) After the end of the period for making representations and objections, the food authority must decide whether to impose the fixed monetary penalty.

Service of final notice

5.—(1) If the person who has received a notice of intent does not discharge liability within 28 days, the food authority may serve on that person a notice (“final notice”) imposing a fixed monetary penalty.

(2) The food authority must not serve a final notice on a person where the food authority is satisfied that the person would not, by reason of any defence, be liable to be convicted of the offence to which the notice relates.

(3) Where a food authority has served a final notice relating to a fixed monetary penalty, it must not serve any other notice under these Regulations in relation to the offence.

Contents of final notice

6.  A final notice must include information as to—

(a) the amount of the penalty,

(b) the grounds for imposing the penalty,

(c) how payment must be made,

(d) the period of 28 days within which payment must be made,

(e) details of the early payment discount,

(f) rights of appeal, and

(g) the consequences of non-payment (including details of the late payment penalties).

Discount for early payment

7.  If a person who was served with a notice of intent made representations or objections concerning that notice within the time limit, that person may discharge the final notice by paying 50% of the penalty within 14 days beginning with the day on which the final notice was received.

Appeals against a final notice

8.—(1) A person who receives a final notice may appeal against it.

(2) The grounds of appeal are—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(c) that the decision was unreasonable;

(d) that the decision was wrong for any other reason.

Appeals

9.—(1) An appeal under paragraph 8 is to the First-tier Tribunal.

(2) A final notice is suspended pending the determination or withdrawal of the appeal.

(3) The First-tier Tribunal may—

(a) withdraw, confirm or vary the penalty or final notice,

(b) take such steps as the food authority could have taken in relation to the act or omission giving rise to the penalty or final notice, or

(c) remit the decision whether to confirm the penalty or final notice, or any other matter relating to that decision, to the food authority.

Non-payment after 28 days (late payment penalty)

10.—(1) The penalty must be paid within 28 days of receipt of the final notice.

(2) If the penalty is not paid within 28 days, the amount payable is increased by 50%.

(3) In the case of an appeal, the penalty (whether varied or confirmed by the First-Tier Tribunal) is payable within 14 days of the determination of the appeal (if the appeal is unsuccessful), and if it is not paid within 14 days the amount of the penalty is increased by 50%.

Recovery of payments

11.  A food authority may recover any penalty imposed under this Schedule, and any financial penalty for late payment, on the order of a court, as if payable under a court order.

Criminal proceedings

12.—(1) If a notice of intent for a fixed monetary penalty is served on any person—

(a) no criminal proceedings for the offence may be instituted against that person in respect of the act or omission to which the notice relates before 28 days from the date on which the notice of intent is received, and

(b) if that person discharges liability, that person may not at any time be convicted of the offence in relation to that act or omission.

(2) If a fixed monetary penalty is imposed on any person, that person may not at any time be convicted of the offence in respect of the act or omission giving rise to the penalty.

Withdrawing a notice

13.  A food authority may at any time in writing withdraw a notice imposing a fixed monetary penalty.

Regulation 16

SCHEDULE 3 Modification of provisions of the Act

PART 1 Modification of section 21 of the Act (defence of due diligence)

1.  Section 21 applies as if—

(a) in subsection (2), the reference to an offence under section 14 or 15 were to an offence under these Regulations, and

(b) in subsection (4)(b), the references to “sale or intended sale” were to include “promotion or presentation”.

PART 2 Modification of section 32 of the Act (powers of entry)

2.  Section 32(1)(a) applies as if “or of regulations or orders made under it” were omitted.

3.  Section 32(6)(a) applies as if “or of regulations or orders made under it” were omitted.

PART 3 Modification of section 34 of the Act (time limits for prosecutions)

4.  Section 34 applies as if for “section 35(2) below” there were substituted “regulation 11(2)”.

PART 4 Modification of section 35 of the Act (punishment of offences)

5.  Section 35(1) applies as if the reference to section 33(1) were to that section as applied by these Regulations.

6.  Section 35(2) applies as if for “any other offence under this Act” there were substituted “an offence under section 33(2) as applied by these Regulations”.

PART 5 Modification of section 37 of the Act (appeals to magistrates’ court)

7.  The heading to section 37 applies as if the reference to “or sheriff” were omitted.

8.  Section 37(1) applies as if there were substituted—

“(1) Any person who is aggrieved by the decision of an authorised officer of a food authority to serve an improvement notice under regulation 10 may appeal to a magistrates’ court.”

9.  Section 37(3) applies as if “or an appeal to such a court for which provision is made by regulations under Part II of this Act” were omitted.

10.  Section 37(5) applies as if—

(a) “or (4)” were omitted, and

(b) in paragraph (b), “in the case of an appeal under subsection (1)(a) above, that period or” were omitted.

11.  Section 37(6) applies as if—

(a) “or (4)” were omitted, and

(b) in paragraph (a), “or to the sheriff” were omitted.

PART 6 Modification of section 39 of the Act (appeals against improvement notices)

12.  Section 39 applies as if—

(a) the references to an improvement notice were to an improvement notice served under regulation 10, and

(b) in subsection (3), “for want of prosecution” were omitted.

PART 7 Modification of section 49 of the Act (form and authentication of documents)

13.  Section 49(4) applies as if “and of any regulations and orders made under it” were omitted.

(1)

S.I. 2018/41.