The Food (Promotion and Placement) (Scotland) Regulations 2025

What these Regulations are and what they do

The Food (Promotion and Placement) (Scotland) Regulations 2025 are a Scottish Statutory Instrument that introduces restrictions on how food high in fat, sugar or salt (HFSS) may be promoted and displayed in qualifying retail premises in Scotland. They form part of the Scottish HFSS regulatory framework, come into force on 1 October 2026, and are Scotland-specific, operating separately from any equivalent measures in other UK jurisdictions.

The Regulations are made under powers conferred by primary legislation of the Scottish Parliament. They establish a statutory framework governing specified retail promotion and placement practices by reference to defined categories of food, statutory thresholds, and categorised retail locations.

How the framework is structured

The Regulations operate through three core elements. First, they define the categories of food to which the framework applies by reference to a nutrient profiling mechanism. Second, they restrict defined forms of price promotion in relation to relevant food within qualifying premises. Third, they restrict the placement of relevant food within specified retail areas.

Each of these elements is determined independently by statutory criteria set out within the Regulations. The framework applies to qualifying premises and qualifying businesses — application is not automatic to all retail operations, and depends on the specific statutory thresholds and criteria set out within the instrument.

Who the Regulations apply to

The Regulations do not apply uniformly to all food businesses. Application depends on whether the business and premises meet the statutory criteria, including an employee threshold and, for certain placement restrictions, a floor area threshold. Exemptions also exist within the framework.

Application must be assessed against the statutory structure as a whole. This page explains the framework at a general level. The question of whether the Regulations apply in any specific case depends on the statutory criteria. Further context is available in the HFSS scope and application page.

What the Regulations restrict

The promotion restrictions address volume-linked price incentives — promotional mechanisms that create a financial advantage contingent upon the purchase of multiple units. Whether a specific promotional practice falls within the restricted category depends on the statutory definition rather than on marketing terminology alone.

The placement restrictions address the display of relevant food within defined retail areas, including specified entrance areas, checkout areas, and other statutorily described display locations. Whether a display falls within a restricted category depends on the wording of the statutory definition and the configuration of the premises concerned.

Detailed commentary on promotion restrictions and placement restrictions is available in the supporting explainer pages.

Enforcement responsibility

Enforcement responsibility under the Regulations rests with local authorities in Scotland. Assessment of compliance may arise in the course of routine regulatory activity or targeted review. The HFSS enforcement page provides further context.

Related HFSS resources

Frequently asked questions