HFSS and Checkout Displays in Scotland

Are checkout displays restricted under the Scottish HFSS rules?

Yes — the Scottish HFSS regulatory framework includes placement restrictions that address defined retail areas associated with checkouts. However, whether any specific display falls within a restricted category depends on the statutory definitions set out in the Regulations, not on general impressions of prominence or location.

This page explains the general structure of how the placement restrictions apply to checkout areas. It does not classify specific display configurations. Whether any particular display or area falls within a restricted category depends on the statutory definitions set out in the Regulations.

Prominence alone does not determine classification

A common source of uncertainty around checkout displays is the assumption that any prominent or high-traffic display of HFSS food is automatically restricted. The Scottish HFSS framework does not operate on that basis.

Classification depends on whether the display is located within an area that meets the statutory description of a restricted area — including any checkout area definition set out in the Regulations. A display may be prominent without being located within a statutorily restricted area. Equally, a display in a restricted area does not cease to be restricted simply because it is small or low-traffic.

The statutory description of the area is the controlling reference, not general impressions of prominence or commercial significance.

Self-checkouts, service counters, and mixed formats

Modern retail formats — including self-checkout points, service counters that also function as payment points, and mixed-function areas — may raise questions about whether a particular area meets the statutory description of a checkout area. These questions turn on the wording of the statutory definitions.

This page does not resolve those questions for individual premises. The HFSS Regulations publication provides detailed commentary on how the statutory definitions interact with contemporary retail formats.

Placement and promotion restrictions are separate

The placement restrictions and the promotion restrictions operate as distinct elements of the regulatory framework. A display of HFSS food at or near a checkout may engage the placement restriction independently of any promotional activity. Where a promotional incentive is also offered, both elements of the framework may be relevant.

Further context on how the promotion restrictions are structured is available in the supporting explainer page.

The placement restrictions apply within qualifying premises only

The placement restrictions, including those addressing checkout areas, apply only within premises that meet the relevant statutory criteria. The question of whether a business and its premises fall within scope is addressed in the HFSS scope and application page.

Related HFSS resources

Frequently asked questions