Scotland’s new food-promotion restrictions took effect on 1 October, changing where some products can be displayed and which offers shops can run. For a small retailer, the first job is to establish whether the business is covered. A modest shopfront or a handful of staff at one branch does not always mean an exemption, particularly where a franchise agreement is involved.
What has changed
The Food (Promotion and Placement) (Scotland) Regulations 2025 restrict certain promotions of food and drink high in fat, sugar or salt, often shortened to HFSS. The Scottish Government’s commencement announcement confirms the October start date. The aim is to reduce purchases encouraged by prominent displays and offers that reward buying more.
Covered products can still be sold. The changes concern their promotion and placement, including specified areas near tills, entrances and aisle ends in qualifying shops. Online selling is also covered, so a shop’s website needs attention alongside its shelves.
Check the business before counting the shop’s staff
The official business-scope guidance sets the threshold at 50 or more employees, counted on the first day of the relevant financial year. The count covers the whole business, including employees outside Scotland. Businesses below that threshold are generally exempt.
Franchise arrangements need a closer look. A franchisee can be treated as part of the franchisor’s business for the headcount test. Some convenience-store symbol groups can fall within this rule, depending on their contractual arrangements. Ask the franchisor or group for a written explanation of how your agreement is treated; do not assume the number working in your own store settles it.
A small floor area is a separate exemption
For a business already in scope, stores with less than 185.8 square metres, or 2,000 square feet, of relevant floor area are exempt from the in-store placement restrictions. That does not remove the restrictions on multibuy promotions. Specialist shops selling only or mainly one scheduled food category, such as confectionery, also have a location exemption.
The location guidance explains how to measure relevant space and apply the display rules. A stockroom is not simply added to the selling area. Online restrictions have their own tests: a small floor area does not exempt a qualifying business’s website. Review homepage offers, checkout suggestions and pop-ups against the detailed guidance.
Get product information from suppliers
Not every biscuit, cereal or ready meal is automatically restricted. For the main retail rules, a product must be prepacked, fall within a category listed in the regulations and be classed as less healthy under the nutrient profiling model. That is a scoring system using nutritional information, rather than a judgement based on the product’s name.
Loose bakery items and food packed on the premises for direct sale are outside these main product restrictions. Ask suppliers for the status of individual lines and keep the information with your product records. Our earlier food-labelling checklist for small retailers covers useful companion checks on labels and supplier paperwork.
Review offers, rather than removing every discount
For covered products, qualifying businesses cannot use restricted multibuys or offers such as buy one, get one free. Ordinary single-item price reductions, such as half price or save £1, are outside the volume-promotion restriction. Genuine offers for items consumed together as one meal can qualify for the meal-deal exemption, although covered components still face applicable placement rules.
Check packaging as well as shelf notices. Extra-free wording printed on a pack may need to be clearly invalidated before sale by a qualifying retailer. Cafés, restaurants and takeaways are exempt from the main placement and multibuy rules, but qualifying businesses must still check restrictions on free refills of specified sugary drinks.
A useful check for this week
Confirm your business’s status, then work through product lists, promotional till settings, shelf displays and online offers. Give staff a short explanation of which deals remain available, and keep a dated record of changes. These are practical checks to help prevent an old promotion reappearing when stock or website banners are refreshed.
Local authorities enforce the regulations. If the franchise test, a product classification or a particular display is unclear, contact your local authority for support. Resolving those details now is more useful than making expensive changes based on a broad headline.
