Amendments1 have been made to the notified draft text, as detailed  below: -   
 
a) Throughout the Amendment legislation: Throughout the final Amendment legislation 
(“Final Text ”), the following amendments have been made (where appropriate):  
(i) Editorial edits for clarity, with no change to policy requirements ;  
(ii) Standard isation,  where possible , to “prepacked Nutri -Grade beverage that is  not 
freshly prepared ”, instead of introducing a new definition to the term “ pre-packaged ” 
to carry the same meaning . 
 
b) Paragraph ( 2) and (3)  of the proposed revised  Regulation 184 F: The Final Text : 
(i) replaces the term “supermarket” and “online supermarket” with “variety shop” and 
“online variety shop”, because the first -mentioned term is intended to cover more 
establishments than what is ordinarily called a supermarke t; 
(ii) clarifies the intention to maint ain the scope of the exemption for point -of-sale 
advertisements, which has been in effect since 30 December 2022. The scope of this 
exemption is limited to advertisements of prepacked Nutri -Grade beverages that are 
not freshly prepared, within variety shop s and online variety shops.  
 
184F. —(1)  A person must not publish, cause to be published, or take part in the 
publication of, any advertisement  used or apparently used to promote, directly or 
indirectly, the sale of a Nutri -Grade beverage graded “D”.  
(2)  Paragraph (1) does not apply to any advertisement  — 
 (a) that does not contain a recommendation relating to the consumption 
of the Nutri -Grade beverage and is published by means of a 
catalogue, price list or other document for the purpose of supplying 
the Nutri -Grade beverage by wholesale;  
 (b) that provides information about the Nutri -Grade beverage’s name and 
or price or both of the Nutri -Grade beverage  but does not otherwise 
promote its sale and is published  — 
 (i) on the corporate website of –  
(A)  a manufacturer, an importer, a distributor of the Nutri -Grade 
beverage that is not freshly prepared; or  
(B) a seller of a freshly prepared Nutri -Grade beverage;  
 (ii) as part of a  product launch that is not accessible to any member 
of the general public other than an invited guest; or  
 (iii) in the form of a press or media release;  
(c) that complies with all both of the following requirements:  
(i) the advertisement is published at a variety shop or an online 
variety shop at a supermarket or an online supermarket ;  
(ii) the advertisement is for a prepacked Nut ri-Grade beverage that 
is not freshly prepared;  
(iii)the advertisement displays an image of the Nutri -Grade 
beverage’s Nutri -Grade mark, except that an advertisement that 
involves communication in an audible message need not display 
the image but must include the audible message that “The Nutri -
Grade of this product is D”;  or 
 (d) that is a menu, poster, sign or other material labelled in accordance 
with reg ulation  184D(4A) and (4B). that is published on a menu, 
poster, sign or other material used or displayed — 
 
1 Amendments made to the notified draft text are marked -up in yellow .  (i) at a premise at which a Nutri -Grade beverage is sold in a 
specified setting other than a supermarket; or  
 (ii) at a specified online location other than part of an online 
supermarket.”; and  
(3)  In this regulation — 
“corporate website” means an Internet website of a manufacturer, 
an importer, a distributor or a seller (called in this definition A) 
that is accessible by the public and through which the public may 
obtain information about A or A’s products, but does not include 
a specified online location.  
“online supermarket  variety shop ” means an online locatio n of sale 
that sells mainly the variety of things referred to in the definition 
of “supermarket  variety shop ”; 
“specified online location” means any part of an online location of 
sale where a prospective consumer is able to select for 
purchase a Nutri -Grad e beverage intended for sale in a 
specified setting;  
“supermarket  variety shop ” includes a convenience store, grocery 
shop , supermarket  or other establishment however named that 
sells mainly a variety of food, small household items, toiletries 
and other small consumer goods.  
 
 
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