PART 3Restrictions on the promotion and presentation of specified food
Restriction on the price promotion of specified food
regulation 5 5.—(1) A qualifying person must not offer specified food for sale as part of a volume price promotion (whether in store or on an online marketplace).
term volume price promotion (2) In this regulation, “volume price promotion” means—
regulation 5 2 a (a)a multibuy promotion, being the express offer of a financial incentive for buying multiple items compared with buying each item separately (including “3 for the price of 2”, “3 for £10”, or “buy 6 and save 25%”);
regulation 5 2 b (b)a promotion that indicates that an item, or any part of an item, is free (including “50% extra free”, or “buy one get one free”).
(3) A multibuy promotion does not include a relevant special offer.
Restriction on the presentation of specified food – in store
regulation 6 6.—(1) A qualifying person must not present specified food inside a store—
regulation 6 1 a (a)within 2 metres of a checkout facility, unless the specified food is presented in (but not at the end of) an aisle;
regulation 6 1 b (b)within 2 meters of a designated queuing area, unless the specified food is presented in (but not at the end of) an aisle;
regulation 6 1 c (c)in a display—
regulation 6 1 c i (i)at the end of (but not in) an aisle, or
regulation 6 1 c ii (ii)on a separate structure (such as an island bin, free-standing unit, side stack or clip strip) connected or adjacent to, or within 50 centimetres of, the end of an aisle;
regulation 6 1 d (d)at any point within the prohibited distance of the midpoint of any public entrance to the store’s main shopping area;
regulation 6 1 e (e)in a covered external area.
(2) This regulation does not apply to either of the following—
regulation 6 2 a (a)stores with a relevant floor area of less than 185.8 square metres;
regulation 6 2 b (b)stores which only or mainly sell food from a single category listed in Schedule 1.
(3) In this regulation—
regulation 6 3 a (a)term checkout facility “checkout facility” means a 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 (including the area behind such a counter);
regulation 6 3 b (b)term covered external area “covered external area” means 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);
regulation 6 3 c (c)term designated queuing area “designated queuing area” means an area set aside and marked for the purpose of providing a place for consumers to wait to make a purchase;
regulation 6 3 d (d)term prohibited distance “prohibited distance” means the smaller of 15 metres or the following—
where ɑ is the store’s relevant floor area;
regulation 6 3 e (e)term relevant floor area “relevant floor area” means the internal floor area of a store in a building, excluding any part of the store which—
regulation 6 3 e i (i)is not used for displaying goods or for serving customers in connection with the sale of goods (such as storage areas),
regulation 6 3 e ii (ii)is used mainly for the preparation or sale of food intended for immediate consumption, whether on or off the premises (including a coffee shop or a canteen),
regulation 6 3 e iii (iii)is a room used for consultation with customers in connection with any medical services (such as pharmacy or opticians’ services) offered in the store, or
regulation 6 3 e iv (iv)is occupied by a business other than the business primarily responsible for managing and operating the store (“a concession”), but only where the concession operates its own payment facilities.
Restriction on the presentation of specified food – online
regulation 7 7.—(1) A qualifying person must not cause specified food to be offered for sale on an online marketplace—
regulation 7 1 a (a)on a home page (whether or not the consumer enters the online marketplace via the home page);
regulation 7 1 b (b)while a consumer is searching for or browsing products other than Schedule 1 food, unless paragraph (4) or (5) applies;
regulation 7 1 c (c)while a consumer is searching for or browsing Schedule 1 food, unless—
regulation 7 1 c i (i)the specified food falls within the same Schedule 1 category, or
regulation 7 1 c ii (ii)paragraph (4) or (5) applies;
regulation 7 1 d (d)on a page not opened intentionally by the consumer (such as a “pop-up” page or a “brand burst”);
regulation 7 1 e (e)on a favourite products page, unless the consumer has previously purchased the specified food (whether in store or on an online marketplace) or intentionally identified it as a favourite product, but specified food must not be given greater prominence than other products on a favourite products page;
regulation 7 1 f (f)on a checkout page.
(2) Paragraph (1) does not prohibit offering specified food for sale on a page opened intentionally by a consumer for the purpose of browsing special offers generally.
(3) This regulation does not apply in respect of a qualifying business which only or mainly sells food from a single category listed in Schedule 1.
(4) This paragraph applies where—
regulation 7 4 a (a)a consumer is searching for or browsing food (whether or not specified food), and
regulation 7 4 b (b)the qualifying person causes specified food to be offered for sale together with the food referred to in sub-paragraph (a) as part of a relevant special offer.
(5) This paragraph applies—
regulation 7 5 a (a)where a consumer browses for a general category of product which includes the specified food (such as categories relating to seasonality, or to nutritional or dietary characteristics);
regulation 7 5 b (b)in relation to searching—
regulation 7 5 b i (i)where a consumer searches for a general category of product which includes the specified food;
regulation 7 5 b ii (ii)where a search term entered by the consumer matches in whole or in part—
regulation 7 5 b ii aa (aa)the name under which the specified food is marketed, or
regulation 7 5 b ii bb (bb)an ingredient listed on the packaging of the specified food.
(6) In this regulation—
regulation 7 6 a (a)term checkout page “checkout page” means 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;
regulation 7 6 b (b)term favourite products page “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;
regulation 7 6 c (c)term home page “home page” means any of—
regulation 7 6 c i (i)an online marketplace’s highest level public page;
regulation 7 6 c ii (ii)the highest level public page of an online marketplace’s grocery section.