HFSS Enforcement in Scotland

Who is responsible for enforcement

Enforcement of The Food (Promotion and Placement) (Scotland) Regulations 2025 rests with local authorities in Scotland. Authorised officers act within statutory powers to assess compliance with the promotion and placement restrictions established by the Regulations.

This page explains the general structure of how enforcement operates under the Scottish HFSS regulatory framework. It describes the framework in broad terms and does not provide tactical guidance on how to approach or respond to regulatory contact.

How compliance assessment may arise

Assessment of compliance with the Regulations may arise through routine regulatory activity — for example, where local authority officers are already engaged in food safety inspection or other regulatory visits — or through targeted review directed specifically at HFSS promotion and placement.

In practice, the Regulations are likely to be encountered in the context of broader regulatory relationships with local authorities rather than as a wholly separate enforcement stream. HFSS-related observations may therefore form part of a wider regulatory picture that includes food hygiene, standards, and trading standards activity.

What non-compliance may involve

Failure to comply with the substantive restrictions imposed by the Regulations may constitute an offence. The statutory framework provides for the possibility of formal regulatory action, including notices and, where appropriate, prosecution.

Whether enforcement action follows will depend on the statutory provision engaged, the nature and extent of the non-compliance observed, and the factual and evidential circumstances of the case. Local authorities apply the enforcement tools available to them within a framework of proportionality and evidential sufficiency.

Evidential assessment

Where assessment of compliance arises, the Regulations' statutory definitions, scope provisions, and exemptions will frame the enquiry. Officers will ordinarily consider the nature of the promotional activity or display in question, the statutory definitions, and the factual circumstances observed.

This enforcement framework operates separately from food hygiene inspection under the Food Hygiene (Scotland) Regulations 2006, though both may arise in the context of the same regulatory relationship with a local authority. The Enforcement & Intervention publication provides wider commentary on how enforcement decisions are structured in Scottish food regulation.

Related HFSS resources

Frequently asked questions