PART 3Restrictions on the promotion and presentation of specified food

Restriction on the presentation of specified food – in store

6.—(1) A qualifying person must not present specified food inside a store—

(a)within 2 metres of a checkout facility, unless the specified food is presented in (but not at the end of) an aisle;

(b)within 2 meters of a designated queuing area, unless the specified food is presented in (but not at the end of) an aisle;

(c)in a display—

(i)at the end of (but not in) an aisle, or

(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;

(d)at any point within the prohibited distance of the midpoint of any public entrance to the store’s main shopping area;

(e)in a covered external area.

(2) This regulation does not apply to either of the following—

(a)stores with a relevant floor area of less than 185.8 square metres;

(b)stores which only or mainly sell food from a single category listed in Schedule 1.

(3) In this regulation—

(a)“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);

(b)“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);

(c)“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;

(d)“prohibited distance” means the smaller of 15 metres or the following—

where ɑ is the store’s relevant floor area;

(e)“relevant floor area” means the internal floor area of a store in a building, excluding any part of the store which—

(i)is not used for displaying goods or for serving customers in connection with the sale of goods (such as storage areas),

(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),

(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

(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.