G/TBT/N/GBR/37  
20 January 2021  
(21-0582) Page: 1/3 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED KINGDOM   
If applicable, name of local government involved (Article 3.2 and 7.2):  England, 
United Kingdom  
2. Agency responsible:   
Department of Health and Social Care  
39 Victoria Street  
Westminster  
London  
England  
SW1H 0EU  
UK 
Tel: 0207 210 4850  
Contact: https://contactus.dhsc.gov.uk/  
Name and address (including teleph one and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
UK TBT Enquiry Point  
Trade Policy Group  
Department for Internatio nal Trade  
3 Whitehall Place  
London  
SW1A 2AW  
TBTEnquiriesUK@trade.gov.uk   
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other : Technical 
Regulation - Local Government (Article 3.2)  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  This 
measure covers products within the following food categories: soft drinks, milk -based 
drinks with added sugar, juice based drinks with added sugar, cakes, chocolate 
confectionery, sugar confectionery, ice cream, morning goods (e.g. pastries), puddings, 
sweet biscuits, breakfast cereals, yogurts, pizza, re ady meals, meal centres, breaded and 
battered products, savoury snacks, chips and similar potato products. However, only 
those products defined as high fat, salt or sugar by the UK 2004/2005 nutrient profiling 
model ( https://www.gov.uk/government/publications/the -nutrient -profiling -model ) are 
in scope of the restrictions.  
5. Title, number of pages and language(s) of the notified document:  The Food 
(Promotion and Placeme nt) (England) Regulations 2021 (13 page(s), in English)  G/TBT/N/GBR/37  
 
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  6. Description of content:  The TBT relevant aspect of this measure is contained within 
Regulation 5 which restricts the promotion of foods high in fat, salt and sugar by volume 
price, for example, "buy one get one free" or "50% extra free" offers in stores and online 
in England.  
The regulation applies to promotions that are included on the packaging of food as well 
as to promotions that are communicated to a consumer via other means.  
The regulation only applies to high fat, salt or sugar food and drink in the following 
categories: s oft drinks, milk -based drinks with added sugar, juice based drinks with added 
sugar, cakes, chocolate confectionery, sugar confectionery, ice cream, morning goods 
(e.g. pastries), puddings, sweet biscuits, breakfast cereals, yogurts, pizza, ready meals, 
meal centres, breaded and battered products, savoury snacks, chips and similar potato 
products.  
Only products in the above categories considered to be high fat, salt or sugar, as defined 
by the 2004/2005 Nutrient Profiling Model are in scope.  
The restriction s will apply from April 2022 but where the packaging of food includes a 
volume price promotion, a medium or large retailer (more than 50 employees) may 
continue to offer the specified food for sale until 5 April 2023.  
Small and micro retailers (fewer than 50 employees) are not in scope of the restrictions.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Regular over -consumption  of food and drink high in calories, sugar and fat 
can lead to weight gain and, over time, ob esity, which in turn has a significant impact on 
health and well -being  and increases the risk of obesity related diseases. Evidence shows 
that promotion of foods high in fat, salt and sugar by volume price, for example "buy one 
get one free" or "3 for 2" o ffers, encourage people to purchase more than they otherwise 
would, which leads to overconsumption of less healthy options. Obesity is one of the 
biggest health problems the UK faces, with more than 6 in 10 adults and 1 in 3 children 
aged 10 or 11 being ab ove a healthy weight. This regulation will not prevent the sale of 
any products, but the aim of the policy is to protect public health by shifting promotions 
to healthier options, so that consumers are not repeatedly targeted with promotions of 
high fat, s alt and sugar products; Consumer information, labelling; Protection of human 
health or safety  
8. Relevant documents:   
a) Consultation on restricting the promotion of HFSS food by price and location (2019), 
Government response (2020), and impact assessments (2020):  
https://www.gov.uk/government/consultations/restricting -promotions -of-food-and-
drink-that-is-high-in-fat-sugar -and-salt 
b) The Nutrient Profiling Model:  
https://www.go v.uk/government/publications/the -nutrient -profiling -model  
Other documents : 
c) Food Safety Act 1990   
http://www.legislation.gov.uk/ukpga/1990/16/contents  
d) Regulatory Enforcement and Sanc tions Act 2008  
http://www.legislation.gov.uk/ukpga/2008/13/contents  
9. Proposed date of adoption:  1 July 2021  
Proposed date of entry into force:  1 April 2023 ; April 2023 for products with "on pack" 
volume price promotions relevant to this notification (April 2022 for other restrictions).  
10. Final date for comments:  20 March 2021  G/TBT/N/GBR/37  
 
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  11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
Department of Health and Social Care  
39 Victoria Street  
Westminster  
London  
England  
SW1H 0EU  
UK 
Tel: 0207 210 4850  
Contact: https://contactus.dhsc.gov.uk/  
https://members.wto.org/crnattachments/2021/TBT/GBR/21_0494_00_e.pdf