Scottish government proposes more restrictive HFSS rules

The Scottish government has published plans to restrict the sale of foods high in fast, sugar or salt (HFSS), through new rules on price promotions, meal deals and in-store locations, such as end of aisle.

A consultation on the restrictions will close on 21 May 2024.

Retailers with fewer than 50 staff or with stores smaller than 2,000 square feet are to be exempt, and there are said to be plans to place more HFSS restrictions in England.

The proposals are scheduled for implementation 12 months after the regulations are laid in parliament, and broadly follow those already in England.

Proposed foods facing restrictions include soft drinks with added sugar, savoury snacks including crisps and popcorn, breakfast cereals, and confectionery.

SGF chief executive Pete Cheema said the new rules are an “additional burden on struggling stores”, and is calling for exemptions to be extended to stores measuring less than 3,000 square feet, and for the government to make it clear that independent stores that trade under common facia but are otherwise independent are not targeted by these restrictions.

Scotland stores to close if new regulations enforced, SGF warns

Cheema continued: “Many Scottish convenience share the goal of promoting healthy choices and improving the wellbeing of those communities.

“However, while we welcome the exemptions for businesses with fewer than 50 staff and under 2,000 square feet, this is an extremely challenging time for retailers and further restrictions are hard to swallow. Many of our members are facing a range of higher costs, including increased energy prices and inflation, alongside a rising tide of new regulation.

“We are also concerned that these proposals could have a significant and disproportional impact on some small Scottish producers. Many of whom are a celebrated part of the Scottish food and drink sector.

“Over the coming weeks, we will be studying the detail of the proposals and developing a set of robust recommendations to ensure the voice of the convenience sector in Scotland is heard.”

ACS urges rethink of restrictions

The ACS is calling on the Scottish government to align its approach with the UK government to ensure the sales of HFSS products is ‘as operationally workable as possible’ for retailers. It has also urged the Scottish government to reconsider the inclusion of symbol groups within the rules, as they should be considered as independent retailers and not in the same category as a franchise or multiple store.

ACS chief executive James Lowman said: “We are disappointed that the Scottish government plans to go even further with restrictions on HFSS products in stores than the rules that are already in place in England. This will cause additional confusion for retailers operating on both sides of the border. The evidence from England so far is that the HFSS location restrictions are not proving effective at changing consumer behaviour, amounting to little more than an expensive hassle for both retailers and customers.

“It’s also extremely disappointing that the Scottish government has no plans to address the inclusion of symbol group retailers within the regulations, despite referencing this issue extensively in the consultation. Symbol group retailers are independent retailers running their own businesses, this should not be a difficult concept to deal with. We will continue to make the case to the Scottish government in the consultation period that symbol retailers should be exempt.”

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