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Consultation on proposed regulation for restricting promotions of food and drink high in fat sugar and salt CaH 21 05 24

Renfrewshire Council · 21 May 2024
Back to Communities and Housing Policy Board — 21 May 2024 and its agenda

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___________________________________________________________________
To: Communities and Housing Policy Board 
On: 21  May 2024
___________________________________________________________________
Report by: Director of Environment, Housing and Infrastructure
___________________________________________________________________
Heading: Consultation on proposed regulation for restricting promotions
of food and drink high in fat sugar and salt 
1. Summary 
1.1 National statistics show that Scotland has increasingly higher levels of
overweight, obesity and poor diet within the population, which can have
serious consequences on health. The association between poor diet, excess
weight and health outcomes such as heart disease, type 2 diabetes and
certain cancers is well established. 
1.2 In 2022, 72% of adults in the most deprived areas of Scotland were either
overweigh or obese, in comparison to 61% of adults in the least deprived
areas. One third of children were also at risk of being overweight. 
1.3 The cost of treating overweight and obesity in Scotland is estimated to be in
the region of £363 - £600 million, although wider related costs such as loss of
productivity is suggested to be between £0.9 - £4.6 billion. 
1.4 The food environment heavily incentivises and promotes low-cost foods which
over-contribute to energy, fat, saturated fat, salt and free sugar intakes. 
1.5 The Scottish Government have launched a consultation on proposals to
restrict the promotion of food and drink high in fat, sugar and salt. 
1.6 The consultation will run for 12 weeks closing on the 21 May 2024, it will
outline the detail of proposed regulations aimed at creating a food
environment which better supports healthier choices.

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1.7 The proposals include restricting multi buys, unlimited refills or selling at
certain locations in stores, such as checkouts. 
1.8 The outcomes of the consultation will help develop new regulations that are to
be laid before the Scottish Parliament.
___________________________________________________________________
2. Recommendations 
It is recommended that the Communities and Housing Policy Board:
2.1 Approves the consultation proposals, and proposed response, as detailed
within Appendix A, and
2.2 Notes that a further report will be brought to a future meeting of the Board
when the plan has been finalised with an update on implications for the
Service.
___________________________________________________________________
3. Background
3.1 Approximately two out of three adults in Scotland are living with overweight or
obesity. In 2022, 72% of adults in the most deprived areas of Scotland were
living with overweight or obesity, compared to 61% of adults in the
least deprived areas. One third of children were at risk of overweight or
obesity in 2022.
3.2 Dietary intakes fall short of the majority of the Scottish Dietary Goals (SDG),
with little improvement towards achieving them over the past 20 years. This
places a huge burden on both the NHS and society as a whole. The
approximate costs of treating overweight and obesity in Scotland are
estimated to be in the region of £363-£600 million, with wider related costs
such as loss of productivity suggested to be between £0.9- £4.6 billion.
3.3 The food industry, including retail, manufacturing, wholesalers and out of
home sectors, have a vital role to play in the shift towards a food environment
which supports healthier and sustainable options for consumers. 
3.4 To improve dietary intake, changes in the composition, sales, advertising,
marketing, availability, affordability, and distribution of food in the retail and
out of home environments will be required.
3.5 The Scottish Government have launched a consultation on proposals to
restrict the promotion of food and drink high in fat, sugar and salt.
3.6 The consultation will run for 12 weeks closing on the 21st of May 2024. It will
outline proposed regulations aimed at creating a food environment which
better supports healthier choices.

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3.7 The intention is to use powers in the Food Safety Act 1990 and the Food
(Scotland) Act 2015 to provide enforcement of the Regulations. It is intended
that local authority Environmental Health Services (as food authorities) will be
responsible for enforcing the proposed Regulations.
3.8 A full copy of the consultation and the proposed consultation response are
attached as an appendix. 
___________________________________________________________________ 
Implications of the Report 
1. Financial – none 
2. HR & Organisational Development – The new legislation will require to be
enforced by Environmental Health staff. Whilst recognised as an important
role in the wider public health remit, this will create additional work for officers. 
3. Community/Council Planning – 
Our Renfrewshire is fair – Deprivation has been shown to have a major impact
on health with those living in the most deprived areas having poorer health
outcomes than those in less deprived areas. This work to reduce obesity and
improve diets will help to address these inequalities within Renfrewshire.  
Tackling inequality, ensuring opportunities for all – Obesity has a bigger
impact on those in deprived areas, including children. There are well
established links between obesity and poor health outcomes such as heart
disease, type 2 diabetes and certain cancers. By improving obesity levels and
poor diet in Renfrewshire we aim to ensure our children get the best possible
start in life, tackle health inequalities and promote healthy lifestyles. 
4. Legal – none
5. Property/Assets – none
6. Information Technology – none
7. Equality & Human Rights – 
The Recommendations contained within this report have been assessed in
relation to their impact on equalities and human rights. No negative impacts
on equality groups or potential for infringement of individuals’ human rights
have been identified arising from the recommendations contained in the report
because for example it is for noting only. If required following implementation,
the actual impact of the recommendations and the mitigating actions will be
reviewed and monitored, and the results of the assessment will be published
on the Council’s website.  
8. Health & Safety – none

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9. Procurement – none
10. Risk - none
11. Privacy Impact – none
12. COSLA Policy Position – none 
13. Climate Risk – none
___________________________________________________________________
List of Background Papers
None
___________________________________________________________________ 
Author:    Gwyneth Heaney, Climate and Public Protection Manager 
Email:  Gwyneth.heaney@renfrewshire.gov.uk

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APPENDIX A 
Restricting promotions of food and drink high in fat, sugar or salt-Consultation on
details of the proposed regulations
Foods subject to restric�on
In this section, we are seeking views on the food categories that we propose to include in
promotions restrictions. Further information on previous consultation responses, and how our
proposals compare with UK Government regulations and Welsh Government consultation proposals
are set out in Section 1 of the consultation paper.
Food categories
We propose that the food categories within scope of promotions restrictions are:
Soft drinks with added sugar (including soft drinks such as cola or lemonade, as well as juice based
and milk based drinks with added sugar, fruit juices and smoothies with added sugar).
Savoury snacks (including crisps, corn puffs, tortilla chips, savoury crackers or rice cakes such as
pretzels, papadums, salted popcorn and prawn crackers).
Breakfast cereals (including ready-to-eat cereals, granola, muesli, porridge oats and other oat-based
cereals).
Confectionery (including chocolates and sweets).
Ice cream, ice lollies, frozen yogurt, water ices and similar frozen products.
Cakes and cupcakes (including swiss rolls, tray bakes and cake bars).
Sweet biscuits and bars based on one or more of nuts, seeds or cereal.
Morning goods (including croissants, pains au chocolat and similar pastries, crumpets, pancakes,
buns, teacakes, scones, waffles, Danish pastries and fruit loaves).
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).
Sweetened yoghurt and fromage frais
Pizza
Roast potatoes, chips and other similar potato products
Ready meals (including ready to cook or reheat meals intended to be consumed as a complete meal,
or meal centres, such as ready to heat stews, curries, bolognese or pies, in addition to breaded or
battered vegetable, meat, fish or poultry products.)

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Defining food categories
We propose to be consistent with the food category descriptors set out in Schedule 1 of the UK
Government regulations for England (see Annex D of the consultation paper) as far as possible. 
Identifying food and drink products within scope of restrictions
We propose that promotions restrictions will only apply to pre-packed food and drink products that
are high in fat, sugar or salt (HFSS) as defined by the 2004/05 nutrient profiling model (NPM).
1. Do you agree with the proposal to be consistent with the category descriptors set out in Schedule
1 of the UK Government regulations for England?
☒Yes
☐No
☐Don’t know
Please explain your answer 
2.  Do the food category descriptors set out in Schedule 1 (and included in Annex D   of the
consultation paper) sufficiently describe the food categories within scope of regulations?
☒Yes
☐No
☐Don’t know
Please explain your answer 
3. Please provide any additional comments on the proposed approach to foods in scope of the
policy.
Please give us your views 
Price promotions
Price promotions refer to special offers where there is a reduction in the usual price of a product.
These may be time-limited or conditional on some other requirement, such as purchasing another
item(s) or being a member of a loyalty scheme. It does not include other marketing and promotional
strategies such as product placement or advertising.
As the policy appears to target larger retailers who operate
across borders, alignment will reduce impact on business
and assist with implementation & enforcement.
These appear to describe the products sufficiently.
Products such as: sandwiches, sushi and some salads should
be considered for inclusion as these would fall within the
definition of HFSS.

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We propose that the following types of price promotion will be within scope of restrictions:
Multi-buys  
Multi-buy means:
i) where the purchase of multiple items is cheaper than purchase of each individual item
separately. Examples include: 2 for £1, 3 for 2, buy 6 and get 25% off.
ii) where a promotion indicates that an item, or part of an item, is free. Examples include: buy one,
get one free and 50% extra free.  
We propose that multi-buy restrictions will apply to targeted foods which are pre-packed and are
high in fat, sugar or salt (HFSS) (as defined by the 2004/05 NPM).
Unlimited refills
Unlimited refill in this consultation means a promotion that offers the consumer at least one refill of
the same drink or another drink (within scope of the restrictions) for free (including top ups) after
the consumption of the first drink.
We propose that unlimited refills for a fixed charge on soft drinks with added sugar that are HFSS or
"less healthy" [as defined by the nutrient profiting model (NPM)], whether pre-packed or non-pre-
packed, will be restricted. Non-pre-packed refills of other targeted foods are not proposed to be
within scope of the policy at this time.
Meal deals
Meal deals are a form of multi-buy promotion where the purchase of multiple items is cheaper than
the purchase of individual items separately, which could encourage consumers to purchase more in
order to obtain a discount.
We propose that a meal deal promotion is:
an offer of a discounted price for multiple items promoted as intended to be consumed together as,
or as part of, a meal by one, or by two or more people. Examples include lunchtime meal deals and
dine in offers.
We have proposed three different options for the inclusion of meal deals within scope of these
restrictions. The options are outlined in section 2 of our consultation.
Temporary price reductions
Temporary price reductions (TPRs) are short term reductions in the price of food and drink products.
Most retailers will run such offers on specific items for a typical duration of 2-4 weeks before
reverting back to the full price but this can vary.
We propose to broadly define TPRs as follows:
Temporary price reductions are a promotion where the normal price of an item is discounted for the
duration of a defined, time limited period before reverting back to the item’s usual price.

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Further information can be found in Section 2 of our consultation 
4. Is the proposed description of the following sufficiently clear for the purpose of   implementation
and enforcement: 
Yes No Don’t Know
a) Multibuy? ☒ ☐ ☐
b) Extra free? ☒ ☐ ☐ 
Please explain your answer 
5. Is the proposed timescale of 12 months at paragraph 53 of the consultation sufficient to allow
price promotions on packaging to be phased out?
☒Yes
☐No
☐Don’t know
Please explain your answer 
6. What, if any, implications do you expect there would be for businesses if meal deals are included
within scope of this policy? (please include evidence where available) 
Please give us your views 
7. If meal deals are included within scope of the policy, which would be your preferred option for
targeting them?
The description appears to be sufficient.
It is agreed that this is a suitable lead in period.
Upselling is part of the meal deal, so may restrict sales of
certain items and businesses may be keen to retain these
deals. This may encourage re-formulation and manufacture
of healthier food options.

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☒Option 1 - Meal deals cannot contain high in fat, sugar or salt targeted foods.
☐Option 2 - Meal deals can contain up to one high in fat, sugar or salt targeted food.
☐Option 3 - Meals deals cannot contain targeted high in fat, sugar or salt discretionary
foods. 
Please explain your answer, including any alternative suggestions for how promotion regulations
could help improve meal deals to better support a healthy diet. 
8. If temporary price reductions (TPRs) are included within scope of the policy, is the proposed broad
definition sufficient for implementation and enforcement?
☒Yes
☐No
☐Don’t know
Please explain your answer 
9. What, if any, implications do you expect there would be for businesses if temporary price
reductions (TPRs) are included within scope of this policy? (please include evidence where
available).
Please give us your views 
Option 1 promotes the healthy option for the population. If meal deals can contain
targeted or one high fat/ sugar or salt, this does not drive change in the population or
educate consumers on the best healthy options. This may encourage manufacturers to
reformulate and create healthier products. Consumers should, however, be able to get
value for money without adverse health implications.
The definition appears clear.
Whilst this may have an effect on retailers as TPR's are used to increase sales and are
used loss leaders, etc.. they may also be used to use up over production, overstocking 
etc. so could lead to more waste. 
TPR's can have an adverse effect on producers, as retailers can pass the cost of the
reduction back to them, so as an unintended consequence, the proposal may assist
producers.

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Location restrictions: in store
We propose to restrict the location of targeted foods in prominent places in physical
premises where they are sold to the public.
We propose that targeted foods could not be placed in store at:
Checkout areas
Meaning:
i. any area within 2 metres of the checkout facility, which is the facility intended to be used by
consumers to make a purchase, including a self-checkout terminal and a counter at which a
cash register is used. Targeted high in fat, sugar or salt (HFSS) foods would be able to be
placed in an aisle (but not at the end of an aisle) even if it is within 2 metres of a checkout.
ii. any area within 2 metres of a designated queuing area or queue management system.
Targeted HFSS foods would be able to be placed in an aisle (but not at the end of an aisle)
even if it is within 2 metres of a checkout.
End of aisles
Meaning a display at the end of (but not within) an aisle, where the aisle end is adjacent to a
main customer route through the store. Includes displays on a separate structure, such as an
island bin, pallet, free standing unit, side stack or clip strip connected or adjacent to, or
within 50cm of, such an aisle end.
Store entrances 
Meaning any point within the prohibited distance of the midpoint of any public entrance to
the store’s main shopping area. (Prohibited distance - the smaller of 15m or the
following: √(0.03 x a))
Covered external area
Meaning a covered area outside and connected to a store’s main shopping area, through
which the public passes to enter the main shopping area (such as a foyer, lobby or
vestibule).
Free standing displays
Meaning free standing displays of products away from other products to increase their
visibility. Display locations can include the middle of an aisle, along main customer routes
through store, and other highly noticeable places. This would include displays using free
standing structures such as pallets, fridges, freezers, island bins, aisle units and gondolas.
The location restrictions would apply to pre-packed targeted foods. Promotions of non-pre-
packed soft drinks with added sugar in respect of unlimited refills for a fixed charge would
also be within scope of location restrictions.

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More information can be found in Section 3 of our consultation.
10. Are the proposed descriptions of the following prominent in-store locations sufficiently
clear for implementation and enforcement? 
Yes No Don’t know
a) checkout? ☒ ☐ ☐
b) end of aisle? ☒ ☐ ☐
c) store entrances? ☒ ☐ ☐
d) covered external
area?
☒ ☐ ☐
2) Free-standing
displays?
☒ ☐ ☐ 
Please explain your answers 
11. Do you agree with the proposed approach to applying store entrance criteria to dedicated food
areas within stores, as described at paragraphs 97-99 of our consultation?
☒Yes
☐No
☐Don’t know
Please explain your answer 
12. Do you agree with the proposed description for relevant floor area? 
☒Yes
☐No
☐Don’t know
Please explain your answer 
The descriptions appear sufficiently clear for implementation and enforcement.
We agree with the proposed approach.
We agree with the proposed description.

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13. Please provide any additional comments on the proposals for in-store locations within scope of
the policy. 
Please give us your views 
Location restrictions: online
We propose that restrictions on the placement of targeted high in fat, sugar or salt (HFSS) foods
would apply to equivalent locations online as follows:
(1) on a home page, whether or not the consumer enters the online marketplace via the home page.
“Home page” means any of: (i) an online marketplace’s highest level public page; (ii) the highest
level public page of an online marketplace’s grocery section. 
(2) whilst a consumer is searching for or browsing products: (i)  other than targeted foods; (ii) in
targeted food categories unless:
• a consumer browses or searches for a general category of product which includes the
targeted food e.g. seasonality or nutritional or dietary characteristics. 
• a search term entered by the consumer matches in whole or in part the name under which
the targeted food is marketed or an ingredient listed on the packaging of the targeted food.
• 
(3) on a favourite products page unless the consumer has previously purchased the targeted food
(whether in store or online) or intentionally identified it as a favourite product. “Favourite products
page” means a page opened by a consumer for the purpose of browsing products they have
previously purchased or intentionally identified as favourite products. 
(4) on pages not opened intentionally by the consumer (such as “pop-ups” or a “brand burst”). 
(5) on a checkout page, meaning a page shown to a consumer as part of the checkout process, such
as a page listing items the consumer has so far selected for purchase or a page dealing with
payment, collection or delivery.

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14. Are the proposed descriptions of the following online equivalent in-store locations sufficiently
clear for implementation and enforcement? 
Yes No Don’t know
a) Home page ☒ ☐ ☐
b) Favourites page ☒ ☐ ☐
c) pages not opened
intentionally by the
consumer
☒ ☐ ☐
d) Checkout pages ☒ ☐ ☐ 
Please explain your answers 
15. Are there any other equivalent online locations that should be within scope of the policy?
☒Yes
☐No
☐Don’t know
Please explain your answer 
Provides clear guidance and should ensure a level playing field for retail sales whether in-store
or on-line.
This should cover all online activity and platforms such as: Just eat, Uber Eats and
other social media social media for example, Facebook, X, etc.

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16. Please provide any additional comments on the proposals for online locations within scope of
the policy.
Please give us your views 
Businesses in scope
We propose that price and location restrictions (both instore and online) will apply to a qualifying
business. This would include retail, out of home, wholesale and other businesses as set out at
paragraph 109 of the consultation paper.
Proposed exemptions from location restrictions are explored in more detail in section 5 of the
consultation.
We propose that a qualifying business would be:
(i) a business which offers pre-packed targeted foods, (and non-pre-packed soft drinks with added
sugar in respect of unlimited refills for a fixed charge) for sale to the public in the course of business
(whether in-store or online);
(ii) a business with 50 or more employees
We propose that the restrictions would not apply to:
• wholesale outlets (where sales are only to trade);
• where sales are not in the course of business, for example food provided through charitable
activities, for example bake sales;
• care homes; and
• schools
Manufacturers would not be considered a qualifying business unless they are selling pre-packed
targeted foods directly to consumers.
We propose that concessions are separate businesses which operate in a designated area within the
premises of a qualifying business if they operate their own payment facilities.
Where a qualifying business sells targeted foods to the public through a website or other online
platform, such as an aggregator or delivery app, they will be required to comply with price and
location restrictions in respect of those online sales [of targeted foods]. Parts of online
aggregator sites or apps may be captured by promotions restrictions, such as checkout pages or pop-
ups on the qualifying business’ sections of the app or site.

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More information can be found in Section 4 of our consultation. 
17. Are the types of business within the scope of the policy sufficiently described for the purpose of
implementation and enforcement?
☒Yes
☐No
☐Don’t know
Please explain your answer 
18. Is the proposed extension of restrictions to online sales, including through online aggregator
sites and apps, (see paragraph 116 of the consultation paper) sufficiently described for the purpose
of implementation and enforcement?
☒Yes
☐No
☐Don’t know
Please explain your answer 
19. Are the arrangements for franchises and symbol groups sufficiently described for the purpose of
implementation and enforcement?
☒Yes
☐No
☐Don’t know
Please explain your answer 
20. Do you foresee any impacts on the ability of businesses to trade either within the UK market or
internationally from any of the proposed measures?
☐Yes
☒No
☐Don’t know
Please explain your answer 
The types of businesses within the scope appear to be
sufficiently described for the purpose of implementation
and enforcement.
They appear to be sufficiently described.
They appear to be sufficiently described.

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21. Please provide any additional comments on the businesses proposed to be within scope of the
policy.
Please give us your views 
Exemp�ons from loca�on restric�ons
We recognise that the food business landscape is incredibly diverse, comprising outlets of various
sizes and layouts, selling a range of products. Consequently, the extent to which businesses may be
able to comply will location restrictions will also vary. 
Therefore, in considering whether there should be any exemptions, we continue to be guided by the
following key principles:
• Implementable: can the exemption be implemented in a proportionate way?
• Meaningful: the exemption does not undermine the overall aims and benefits of the policy. 
We propose the following exemptions for qualifying businesses, as defined at paragraph 113 of
our consultation document, from locations restrictions:
• Business type - Specialist businesses with a limited product range, such as chocolatiers and
sweet shops, will be exempt from location restrictions.
• Store size - Stores with a relevant floor area of less than 185.8 square metres (2,000 square
feet) would not be within the scope of the location restrictions. Relevant floor area is
discussed in more detail, including a proposed definition, at paragraph 100-101 of the
consultation paper. 
22. Are the proposed exemptions from location restrictions based on business type clear and
sufficiently defined to enable implementation and enforcement?
☒Yes
☐No
☐Don’t know
Please explain your answer 
It was disappointing that takeaway businesses were not included within the scope
as they too, offer meal deals etc and the types of food offered are mainly HFSS.
There are higher concentrations of these outlets in more deprived areas. In 2018,
Public Health England reported that there were 5 times more of these outlets than
in affluent areas. This adds to the health deficit in more deprived areas. In addition,
an unintended consequence of not including smaller retailers is that those in the
same poorer areas will continue to be exposed to HFSS products and the negative
health implications on this population. 
The definitions appear clear.

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23.  Are the exemptions from location restrictions based on individual store relevant floor area clear
and sufficiently defined to enable implementation and enforcement?
☒Yes
☐No
☐Don’t know
Please explain your answer 
24. Please provide any additional comments on proposed exemptions from locations restrictions.
Please give us your views 
Enforcement and implementa�on
In this section, we are seeking views on enforcement and implementation of the policy.
The intention is to use powers in the Food Safety Act 1990 and the Food (Scotland) Act 2015 to
provide for enforcement of the Regulations. 
We propose that local authorities will be responsible for enforcing the policy on the basis that they
have experience of similar enforcement, have local knowledge and can incorporate enforcement of
the policy into other inspection visits, where appropriate.  
In addition, we propose:
• The enforcement process should be fair and proportionate, with a focus on supporting
compliance;
• Relevant enforcement powers for handling non-compliance with legal requirements and
relevant offences will be available to local authorities;
• Guidance will be issued to local authorities to support effective enforcement; and
• Guidance will be developed for industry to support effective implementation.
• A 12 month lead in time from when regulations are laid to them coming into force to allow
preparation for enforcement and implementation of the policy.
Non-compliance with the requirements or restrictions set out in the Regulations will amount to an
offence, the ultimate penalty for which could result in a criminal penalty.
They appear to be sufficiently defined.

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The maximum criminal penalty proposed is that a person found guilty of an offence will be liable on
summary conviction to a fine not exceeding level 4 on the standard scale (£2,500). However, the
intention is for local authorities to be able to issue administrative sanctions as an alternative to
prosecution. 
25. Do you agree with the proposed use of administrative sanctions for enforcement of the policy?
☒Yes
☐No
☐Don’t know
Please explain your answer 
26. Do you agree with the maximum penalties proposed for the offences in relation to enforcement
of the policy?
☒Yes
☐No
☐Don’t know
Please explain your answer 
27. Is the proposed 12 month period following the introduction of regulations sufficient to prepare
for? 
Yes  No  Don’t know 
a) Implementation? ☒ ☐ ☐
b) Enforcement? ☒ ☐ ☐ 
Please explain your answer 
Agree with the proposed use of administrative sanctions for the enforcement of the policy however,
would recommend that consideration is given to the implementation of a licensing/pre-
registration/certificate to trade scheme for food businesses. It is likely that such a measure would
increase compliance in all areas of food law.  
Agree with the maximum penalties proposed for the
offences in relation to enforcement of the policy.
This appears to be a suitable lead time. Adequate resource would be required
to allow staff training and educational campaigns for businesses prior to
implementation.

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Addi�onal comments 
28. Please outline any other comments you wish to make on this consultation. 
Please give us your views 
It is agreed that local authorities have experience of similar enforcement, have the
enforcement staff with local knowledge and may on some occasions, be capable of
incorporating enforcement of the policy into other inspection visits. There must, however, be
recognition that some Environmental Health Services are already finding it difficult to meet
their current statutory obligations. It is therefore critical that local authorities are given the
additional resources required if this policy is to succeed.