PART 1Introduction

Interpretation

regulation 2 + 2.—(1) In these Regulations—

term the act + “the Act” (“y Ddeddf”) means the Food Safety Act 1990;

term consumer + “consumer” (“defnyddiwr”) has the meaning given by section 2(3) of the Consumer Rights Act 2015(1);

term food + “food” (“bwyd”) has the same meaning as in section 1(1) of the Act(2);

term food authority + “food authority” (“awdurdod bwyd”) has the meaning given by section 5(1A) of the Act(3);

term online marketplace + “online marketplace” (“marchnadle ar-lein”) means any software (including a website, part of a website, or an application) that is used to offer the qualifying business’s products for sale to consumers;

term prepacked food item + “prepacked food item” (“eitem fwyd wedi ei rhagbecynnu”) means an item referred to in Article 2(2)(e) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers(4);

term qualifying business + “qualifying business” (“busnes cymhwysol”) has the meaning given by regulation 4;

term qualifying person + “qualifying person” (“person cymhwysol”) means a person acting in the course of carrying on a qualifying business;

term relevant special offer + “relevant special offer” (“cynnig arbennig perthnasol”) means an offer of a discounted price for multiple items promoted as intended to be consumed together as, or as part of, a single meal by one person or by two or more people together (such as “meal deal” or “dine in for two” offers);

term schedule 1 food + “Schedule 1 food” (“bwyd Atodlen 1”) has the meaning given by regulation 3(2);

term specified food + “specified food” (“bwyd penodedig”) has the meaning given by regulation 3;

term the nutrient profiling technical guidance + “the Nutrient Profiling Technical Guidance” (“y Canllawiau Technegol ar gyfer Proffilio Maethynnau”) means the guidelines published by the Secretary of State on 14 January 2011 about the application of the 2004-2005 Nutrient Profiling Model(5).

(2) For the purposes of these Regulations, a qualifying person offers a qualifying business’s products for sale on an online marketplace if they determine (whether on behalf of the qualifying business or on behalf of another business) that the product is to be offered for sale and its price, irrespective of who undertakes on behalf of the qualifying business—

regulation 2 2 a + (a)to obtain payment from the purchaser, or

regulation 2 2 b + (b)to otherwise operate the online marketplace.