PART 2Meaning of specified food and qualifying business
Specified food
regulation 3 3.—(1) For the purposes of these Regulations, “specified food” is food contained in a prepacked food item which—
regulation 3 1 a (a)is Schedule 1 food,
regulation 3 1 b (b)is less healthy (as defined in paragraph (5)), and
regulation 3 1 c (c)is not food to which paragraph (6) (charity food sales) applies.
term schedule 1 food (2) For the purposes of these Regulations, “Schedule 1 food” means food falling within a category specified in Schedule 1 to these Regulations (categories of specified food).
(3) Where a prepacked food item contains more than one type of food, all of the food contained in the item is to be treated for the purposes of paragraph (1)(a) as Schedule 1 food where one (or more) of the types of food contained in the item would, on its own, be Schedule 1 food.
(4) Where a product contains multiple items, of which one (or more) is a prepacked food item containing specified food, the entire product is to be treated as specified food.
(5) For the purposes of this regulation—
regulation 3 5 a (a)food that is not a drink is less healthy if it scores 4 or more points in accordance with the Nutrient Profiling Technical Guidance;
regulation 3 5 b (b)a drink is less healthy if it scores 1 or more points in accordance with the Nutrient Profiling Technical Guidance.
(6) This paragraph applies to food which is—
regulation 3 6 a (a)provided by a charity, in the course of its charitable activities, free or for a price which is less than the cost of providing that food, or
regulation 3 6 b (b)offered for sale by or on behalf of a charity to raise funds for its charitable activities at a single event.
(7) For the purposes of paragraph (6)—
regulation 3 7 a (a)term charity “charity” has the meaning given by section 1 of the Charities Act 2011(1);
regulation 3 7 b (b)term charitable activity “charitable activity” means an activity carried out for a charitable purpose, other than primarily for the purpose of raising funds;
regulation 3 7 c (c)term charitable purpose “charitable purpose” has the meaning given by section 2(1) of the Charities Act 2011.