EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made by the Welsh Ministers in exercise of their powers under the Food Safety Act 1990 (c. 16) and the Regulatory Enforcement and Sanctions Act 2008 (c. 13). They provide for restrictions on the promotion and presentation of certain foods and drinks that are less healthy.

Part 1 of these Regulations includes general interpretation provisions (regulation 2).

Part 2 of these Regulations defines the food and drink (“specified food”) (regulation 3 and Schedule 1) and the businesses (“qualifying business”) (regulation 4) to which these Regulations apply.

Part 3 of these Regulations sets out restrictions on the promotion and presentation of specified food. Regulation 5 prohibits a qualifying business from offering certain price promotions on specified food. Regulation 6 prohibits a qualifying business from presenting specified food in certain locations in a store. Regulation 7 prohibits a qualifying business from presenting specified food in certain locations of an online marketplace.

Part 4 of these Regulations prohibits a qualifying business from offering free refill promotions on certain drinks (regulation 8).

Part 5 of these Regulations is concerned with the enforcement of the restrictions. Regulation 9 requires each food authority to enforce and execute these Regulations within its area. Regulation 10 enables a food authority to serve an improvement notice on a person where it has reasonable grounds for believing that the person is failing to comply with one or more of the restrictions in regulations 5 to 8.

Part 6 of these Regulations creates an offence where a person fails to comply with an improvement notice (regulation 11). This may result in an unlimited fine. Part 6 also enables a food authority to impose a fixed monetary penalty of £2,500 as a civil sanction alternative for the enforcement of an offence under regulation 11 and makes provision for the procedure relating to fixed monetary penalties (regulation 12 and Schedule 2). Where a fixed monetary penalty is imposed, this precludes a criminal conviction for the offence in respect of the act or omission giving rise to the penalty.

Part 7 of these Regulations deals with supplementary and administrative matters. Regulations 13 and 14 require a food authority to publish both guidance about its use of the power to impose fixed monetary penalties and reports about the enforcement action it has taken under these Regulations. Regulation 15 requires the Welsh Ministers to review the regulatory provision contained in these Regulations and to publish a report setting out the conclusions before the end of the period of 5 years beginning with the day on which these Regulations come into force and at intervals not exceeding 5 years after that.

Part 8 of these Regulations applies, with modifications, various provisions of the Food Safety Act 1990 (regulation 16 and Schedule 3).

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.