Does the 2026 HFSS Law Apply to Your Business in Scotland?

This page is an explanatory guide, not a compliance checker

This page is designed to help readers understand the statutory criteria that determine whether The Food (Promotion and Placement) (Scotland) Regulations 2025 apply within the Scottish HFSS regulatory framework to a business and its premises. It is structured around the key questions that the Regulations raise in order to explain how scope works.

This page does not produce a compliance outcome, a scope determination, or a legal assessment for any specific business. Application depends on the statutory criteria set out in the Regulations. Responsibility for assessing whether the Regulations apply rests with the Food Business Operator. Businesses requiring advice on their specific legal position should seek independent legal or professional advice.

This page is not a compliance checker

Despite the title, this page does not function as a regulatory compliance checker and cannot determine whether the HFSS rules apply to a specific business.

Application of the HFSS promotion and placement restrictions depends on statutory criteria set out in the Food (Promotion and Placement) (Scotland) Regulations 2025.

The purpose of this page is to explain the framework that determines whether the rules may apply.

Is your business a retail food business?

The Regulations address retail premises where food is offered for sale to consumers. The framework applies in a retail context rather than, for example, in relation to purely wholesale activity or food manufacturing without retail sales. The precise scope of which types of premises and activities fall within the framework is determined by the definitions within the Regulations.

This step does not determine whether your business is in scope. It identifies that the framework is directed at the retail context. Application depends on the statutory criteria.

Does the business meet the employee threshold?

The Regulations establish a minimum employee threshold as a primary condition of application. A business below that threshold is generally outside the scope of the framework. The threshold is defined within the statutory provisions.

The employee threshold is not the same as an informal category such as large retailer, supermarket, or convenience store. Whether a business meets the threshold depends on how it is defined within the Regulations — including how employees are counted across a group or chain — not on how the business is described commercially. The HFSS and small businesses page explains why this question is commonly misunderstood.

This step does not determine whether your business meets the threshold. Application depends on the statutory criteria.

What is the configuration of the premises?

Even where a business meets the employee threshold, the application of specific placement restrictions may also depend on the floor area of the individual premises. Certain placement restrictions include a floor area criterion that affects whether those restrictions apply within smaller retail premises that are part of an otherwise qualifying business.

The floor area threshold affects the placement restrictions specifically. The promotion restrictions operate on a different basis. A qualifying business with a smaller premises may therefore be subject to the promotion restrictions but not to all of the placement restrictions, or vice versa, depending on the statutory criteria.

This step does not determine whether your premises meets the floor area criterion. Application depends on the statutory criteria. The scope and application page explains the structure of the threshold provisions in further detail.

Does the business sell relevant food?

Even within a qualifying business and qualifying premises, the restrictions apply only in relation to relevant food — food that falls within the statutory definition of HFSS food under the Regulations. A business that sells food but does not sell any relevant food as defined by the statutory classification process would not have promotional or display activity that engages the restrictions on that basis.

Whether any specific product is relevant food depends on the product category and the nutrient profiling criteria within the Regulations. This is a question of statutory classification, not of informal assessment. The food classification page explains how relevant food is determined within the framework.

This step does not determine whether products sold by your business are relevant food. Classification depends on the statutory criteria.

Which activities do the restrictions address?

Where a qualifying business sells relevant food in qualifying premises, the restrictions operate in two areas: promotion and placement. The promotion restrictions address volume-linked price incentives — promotional mechanisms where a price advantage is conditional on purchasing multiple units. The placement restrictions address the display of relevant food within defined retail areas, including specified entrance areas and checkout areas.

Promotion and placement are assessed separately. A business may engage one restriction without engaging the other. Whether specific promotional activity or specific display locations engage the restrictions depends on the statutory definitions in each case. The promotion restrictions and placement restrictions pages explain each element in further detail.

This guide explains structure — it does not determine scope

The five steps above describe the statutory criteria that determine whether the Regulations apply and what they address. They are intended to help readers understand how the framework is structured and what questions the Regulations raise.

This page does not produce a scope determination for any specific business. It does not constitute legal advice. It does not classify products, assess promotional activity, or evaluate retail layouts. Whether the Regulations apply to a specific business, in what respects, and to what extent, are questions that depend on the facts of that business and the statutory provisions. Application depends on the statutory criteria.

The HFSS Regulations publication provides detailed legislative commentary on the full framework. Businesses requiring advice on their specific legal position should seek independent legal or professional advice.

Related HFSS resources

Frequently asked questions