What Happens if HFSS Rules Are Breached in Scotland?

The restrictions are statutory provisions

The Food (Promotion and Placement) (Scotland) Regulations 2025 establish legally binding restrictions on the promotion and placement of food high in fat, sugar or salt (HFSS) within qualifying retail premises. These restrictions form part of the Scottish HFSS regulatory framework and carry the same legal weight as other statutory food-related obligations enforced in Scotland.

This page explains in general terms how regulatory issues may arise and how they may be addressed under the framework. It does not provide legal advice, speculate about specific outcomes, or constitute compliance guidance. Responsibility for compliance remains with the Food Business Operator.

How breaches may be identified

Potential breaches of the promotion and placement restrictions are most likely to be identified through local authority regulatory activity. Local authorities in Scotland are responsible for enforcement of the Regulations, and authorised officers may assess compliance in the course of routine regulatory visits, follow-up activity, or targeted review.

Because the HFSS framework operates alongside existing food hygiene and trading standards functions, regulatory contact in connection with HFSS matters may arise in the context of visits that also address other aspects of a business's regulatory obligations. A promotional practice or display arrangement that appears to engage the restrictions may be noted during any such contact rather than only during a visit specifically directed at HFSS compliance.

How regulatory concerns may be raised and followed up

Where an authorised officer identifies a concern about compliance with the promotion or placement restrictions, the initial response will ordinarily reflect the nature and seriousness of the issue observed. In many cases, concerns may be raised informally, with the expectation that the matter will be addressed without the need for formal statutory action.

Where informal engagement does not resolve the concern, or where the circumstances are considered more serious, the regulatory response may escalate. The Regulations provide for formal enforcement mechanisms, including the possibility of notices and, where the evidential threshold is met, prosecution. The specific form of any regulatory response depends on the statutory provisions engaged, the facts observed, and the judgement of the enforcing authority.

Further context on how enforcement escalates in Scottish food regulation more broadly is available in the HFSS enforcement page and the Enforcement & Intervention publication.

The statutory basis of enforcement powers

Enforcement powers under the Regulations arise through the statutory food law framework applicable in Scotland. The Food (Promotion and Placement) (Scotland) Regulations 2025 establish offences in connection with failure to comply with the substantive restrictions. Enforcement tools available to local authorities may include written notices, formal compliance requirements, and, in appropriate circumstances, proceedings before the courts.

The enforcement framework does not operate independently of general principles of regulatory proportionality and evidential sufficiency. Whether formal action follows an identified concern depends on the statutory provision engaged, the nature and extent of the non-compliance, and the evidential position available to the enforcing authority at the time.

Classification, promotion, and placement decisions may involve interpretation

The restrictions established by the Regulations apply by reference to defined statutory categories — relevant food, volume-based incentives, and specified retail areas. In practice, questions may arise about whether a particular product, promotional format, or display location falls within those definitions. These are questions of statutory interpretation rather than straightforward factual determination.

Where interpretive questions arise, the answer depends on the wording of the Regulations and the factual circumstances of the case rather than on informal descriptions or marketing terminology. The manner in which a business has assessed and documented its position in relation to these questions may form part of the wider regulatory picture if compliance is subsequently examined. This page does not resolve interpretive questions for specific businesses or products.

Related HFSS resources

Frequently asked questions