Restricting the promotion of high fat, salt and sugar foods: implementation guidance - Part 1: introduction

As part of its Healthy Weight Healthy Wales strategy to reduce levels of obesity in Wales, the Welsh Government consulted in June 2022 on a suite of healthy food environment measures, including proposals to restrict the promotion and presentation of high fat, salt and sugar foods (HFSS) at key selling locations in retail settings and free refills of sugary drinks in the out of home sector.

In July 2024, the Welsh Government consulted on draft regulations and the enforcement approach for promotion and presentation restrictions, which largely mirrored existing equivalent regulations in England.

The Food (Promotion and Presentation) (Wales) Regulations 2025 (referred to as "the regulations" throughout this guidance unless otherwise stated) will come into force on 26 March 2026.

This guidance helps to illustrate how the regulations restrict promotion of HFSS or ‘less healthy’ products. Broadly speaking, the regulations restrict the promotion of HFSS products by:

• volume price (for example, multibuy offers)
• key in store locations (store entrances, aisle ends and checkouts) when retail stores are over 185.8 square metres (m2) (or 2,000 square feet (sq ft)) and the equivalent key locations online
• free refills on certain drinks

These restrictions apply to medium and large businesses (with 50 employees or more), which are a qualifying business, as described in the regulations.

Failure to comply with the regulations may result in a business being issued with an improvement notice and subsequently a criminal fine or a fixed monetary penalty if compliance is not achieved as required.

Compliance with the restrictions that the regulations provide for is ultimately the responsibility of individual businesses. Businesses and enforcement authorities should therefore revert to the regulations themselves when assessing compliance. While this guidance is intended to assist with the implementation of the regulations by helping to illustrate how they work, it is not an authoritative statement or interpretation of the law and therefore should only be read in conjunction with the regulations themselves.

One way of reducing the Nutrient Profiling Model score of products which are in scope of the restrictions would be to reformulate them. If you operate a business in Wales, you may be eligible for support from Food Innovation Wales. Their services include technical support in developing and reformulating healthier products.

If your business also operates in England, you may wish to refer to UK Government’s guidance on their equivalent regulations.

The descriptions and examples within this guidance have been aligned wherever possible with UK Government’s guidance to support businesses operating in both countries.

In this section, you’ll find the answers to some common queries. If you have a question that you cannot find the answer to within this guidance, please email healthyweighthealthywales@gov.wales. We will periodically update this section of the guidance to reflect any new queries we receive.

How to determine what constitutes prepacked food

The regulations apply to prepacked food, as defined in Article 2(2)(e) of regulation (EU) number 1169/2011:

'prepacked food' means any single item for presentation as such to the final consumer and to mass caterers, consisting of a food and the packaging into which it was put before being offered for sale, whether such packaging encloses the food completely or only partially, but in any event in such a way that the contents cannot be altered without opening or changing the packaging; 'prepacked food' does not cover foods packed on the sales premises at the consumer’s request or prepacked for direct sale.

Where to find support to understand if a product is in scope of the regulations

Information to assist businesses in understanding if a product is in scope can be found under the what food is in scope section of this guidance. If you require any further support or information, you should contact your local authority.

How to calculate the relevant floor area within a store

Businesses should calculate their relevant floor area in order to understand whether their stores are in scope of the in-store location restrictions. The relevant floor area of a store excludes some areas within a store, such as storage areas. Further information on how to calculate the relevant floor area of a store can be found in regulation 6(3)(e) of the regulations and in the location promotions section of this guidance.

How to calculate the restricted area at the front of a store

Please refer to regulation 6 of the regulations, or the location promotions section of this guidance for information on how to calculate the restricted area at the front of your store.

How to determine the difference between an aisle and other types of units

The formation in which display units are presented (i.e. whether they form an aisle with an aisle end) may impact how the regulations apply to them. Further information on aisles can be found in the section of this guidance entitled "determining what may form an aisle". Also within the location promotions section of the guidance, you will find some examples of how the regulations may apply to freezer units in different formations, with graphic illustrations. If in doubt about whether restrictions will apply to freezer units within your store, you should contact your local authority for further guidance.

The exclusion of serving and queuing areas, associated with food concessions selling food for immediate consumption, from relevant floor area calculations

Serving and queuing areas associated with food concessions, which are a part of the store used mainly for the sale of food intended for immediate consumption (whether on or off the premises), can be excluded for the purposes of determining the relevant floor area.

How the regulations apply to online only businesses

The regulations may apply to online only businesses. You can find further information in the businesses in scope section of this guidance or in regulation 4.

The differences between product categories for these regulations and those listed for equivalent regulations in England (The Food (Promotion and Placement) (England) Regulations 2021)

Generally, the overarching product categories in these regulations are intended to align. However, businesses should defer to the regulations applicable in the relevant UK nation when considering whether an item falls within a product category.

The differences between promotions restrictions in these regulations and in England’s equivalent regulations (The Food (Promotion and Placement) (England) Regulations 2021)

Promotional restrictions in Welsh regulations are intended to largely mirror regulations in England. There are, however, some differences which businesses will wish to note. For example, in relation to on-pack promotions and aisle end restrictions:

On-pack promotions

UK Government’s guidance on their regulations explains that there is a transition period in England until 30 September 2026, which allows retailers to sell existing stock that was produced before October 2025 with volume price promotions on the packaging that they cannot remove. After 30 September 2026, if a volume price promotion is marked on the packaging for sales in other parts of the UK where such promotions are permitted, the packaging must state clearly and prominently that the promotion does not apply in England.

In Wales, the regulations do not restrict the offering for sale of in scope products with volume price promotions on their packaging. Retailers may choose to continue selling products with price promotions on their packaging, however those products must not be offered for sale as part of that volume price promotion. This restriction is not subject to any transition period. It should be clearly communicated to consumers that the product is not offered for sale as part of that promotion. You can find further guidance on on-pack promotions in the section of this guidance entitled on-pack promotions.

Aisle end restrictions

Regulation 7(1)(c)(i) of The Food (Promotion and Placement) (England) Regulations 2021 provides that a qualifying person must not place specified food inside a store in a display:

at the end of (but not in) an aisle, where the aisle end is adjacent to a main customer route through the store.

Or on a separate structure connected or adjacent to, or within 50cm, of, such an aisle end. In Wales, aisle end restrictions apply, regardless of their proximity to the ‘main customer route’ through a store, as reflected in regulation 6(1)(c) of the Welsh regulations. You can find further guidance on aisle end restrictions in the section of this guidance entitled aisle ends.

The difference between location restrictions in these regulations and in England’s equivalent regulations (The Food (Promotion and Placement) (England) Regulations 2021)

Location restrictions in these regulations are intended to largely mirror restrictions in England. However, the in-store restrictions in these regulations apply to a display at the end of (but not in) an aisle end, regardless of whether the aisle end is adjacent to a main customer route through the store (please see regulation 6(1)(c) of these regulations).

Calculating the NPM score of products where the information of the product’s packaging is only listed as consumed, rather than as sold

Please refer to annex 4 of this guidance for information on calculating NPM scores for different products. You can also find further information in the NPM technical guidance 2011.

How the regulations impact free refills on sugar-free drinks

A qualifying business for the purposes of the free refill restrictions may continue to offer free refills on drinks which do not meet the criteria specified at regulation 8(1) of the regulations. Drinks which are not prepared soft drinks containing added sugar ingredients, as described in schedule 2 to the regulations, will not meet those criteria. Please see regulation 8 or the section of this guidance entitled free refills for further information on how free refill restrictions apply.

How the food categories these regulations apply to differ from those set out in the UK Government’s broadcast and online advertising regulations

Generally, the overarching product categories in these regulations are intended to align with those in categories 1 to 12 of the UK Government’s broadcast and online advertising regulations. There are however some differences evident in the products in category 13. You can find further information on the interaction between both sets of regulations under the section of this guidance entitled "broadcast and online advertising restrictions".

How the promotion and presentation restrictions set out within the regulations apply to out of home businesses

An out of home businesses that would otherwise be a qualifying business, but which meets the definition of a restaurant in the regulations, is exempt from the promotion and presentation restrictions. This exemption is set out in regulation 4(1)(c)(iii). However, they may be in scope of the free refill restriction. Further information on the type of businesses in scope of the restrictions can be found in the section of this guidance entitled which businesses must comply with the promotions restrictions.

How the regulations apply to meal deals and TPRs

Meal deals and temporary price reduction (TPR) promotions are not within scope of these regulations. You can find more information on which promotional offers are in scope of the regulations under the promotions restrictions section of this guidance or in regulation 5(2).

How to demonstrate compliance with the regulations to an enforcement officer during an inspection

Please see the information provided under the how to demonstrate compliance to inspecting enforcement officers section of this guidance.

Food

For the purposes of these regulations, food has the same meaning as in section 1(1) of the Food Safety Act 1990 (“the 1990 act”), which refers to regulation (EC) number 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety. In regulation (EC) number 178/2002, food includes, among other things, drink.

Unless otherwise stated, references to food in this guidance include food and drink.

Consumer

The regulations use the definition of consumer as given in section 2(3) of the Consumer Rights Act 2015. This defines consumer as an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

Online marketplace

For the purposes of the regulations, online marketplace 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. Qualifying business’s products could include any product sold by a qualifying business, including own brand and other branded products.

Prepacked food

Prepacked food is defined as in article 2(2)(e) of regulation (EU) number 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers:

'prepacked food' means any single item for presentation as such to the final consumer and to mass caterers, consisting of a food and the packaging into which it was put before being offered for sale, whether such packaging encloses the food completely or only partially, but in any event in such a way that the contents cannot be altered without opening or changing the packaging

For the purposes of both the assimilated regulation (EU) number 1169/2011 on food information to consumers and The Food (Promotion and Presentation) (Wales) Regulations 2025, prepacked food does not cover foods packed on the sales premises at the consumer’s request or prepacked for direct sale.

Schedule 1 food

Schedule 1 food means food or drink falling within a category in schedule 1 to the regulations.

Specified food

Specified food means food contained in a prepacked food item that falls in a schedule 1 category and is scored as ‘less healthy’ in accordance with the nutrient profiling technical guidance 2011. It is not food that is:

• provided by a charity in the course of its charitable activities (whether that be free or for a price that is less than the cost of providing that food)
• offered for sale by or on behalf of a charity, at a single event, to raise funds for its charitable activities

Qualifying business

Businesses that are subject to the regulations.

Restaurant

A business whose premises are used mainly for the preparation or sale of food intended for immediate consumption, whether on or off the premises. This includes a:

• café
• coffee shop
• fast food
• takeaway business