HFSS and Retail Regulatory Review in Scotland

How HFSS questions may arise in a regulatory context

The Food (Promotion and Placement) (Scotland) Regulations 2025 are enforced by local authorities in Scotland. In practice, HFSS-related questions may arise in the context of broader regulatory relationships within the Scottish HFSS regulatory framework with local authority officers — for example, during routine regulatory visits, follow-up contact, or targeted review directed at compliance with the promotion and placement restrictions.

This page describes the general context in which HFSS issues may be encountered during regulatory activity. It does not provide tactical guidance on how to approach regulatory contact or manage regulatory relationships.

HFSS as part of the wider regulatory picture

Local authorities in Scotland have enforcement responsibilities across a range of food-related regulatory areas, including food hygiene, food standards, and trading standards. The HFSS promotion and placement restrictions represent an additional area of responsibility that sits alongside these existing functions rather than replacing or displacing them.

In practice, this means that HFSS-related observations may arise in the context of visits that are primarily concerned with other regulatory matters, or that an officer visiting in connection with HFSS compliance may also have other regulatory functions. Retail businesses regulated under the food hygiene framework may find that HFSS questions arise in contexts where they were not necessarily anticipated.

What regulatory assessment may address

Where regulatory activity addresses HFSS promotion and placement, assessment is likely to focus on the following general areas. First, whether the business falls within scope of the Regulations — including whether the employee threshold and, where relevant, the floor area threshold are met. Second, whether any food offered for promotion or in relevant display areas constitutes relevant food under the statutory classification. Third, whether any promotional activity constitutes a volume-based incentive within the statutory definition. Fourth, whether any display is located within an area described as restricted by the Regulations.

Assessment in each of these areas draws on the statutory definitions rather than on informal judgements about prominence, nutritional quality, or marketing intent. The HFSS enforcement page provides further context on how enforcement is structured.

Where interpretation questions commonly arise

Retail premises often present layouts and promotional formats that do not map straightforwardly onto the statutory categories. This may generate interpretive questions about whether a particular area constitutes a restricted area or whether a particular promotional format constitutes a volume-based incentive. These are questions of statutory interpretation rather than questions of operational judgment.

The checkout displays and placement restrictions pages address the most common interpretive questions around placement. The promotion restrictions page addresses the scope of the promotion restrictions.

Records and classification

Where HFSS-related questions arise during regulatory activity, a business's ability to explain the basis on which it has assessed its position may form part of the wider regulatory picture. This includes understanding of whether the business is within scope, how relevant food has been identified, and the basis on which display and promotional decisions have been taken.

This is a descriptive observation about how regulatory engagement commonly operates rather than an instruction about what records to maintain or how to present a position. The HFSS Regulations publication provides detailed commentary on the framework within which these questions arise.

Related HFSS resources

Frequently asked questions