Food Regulatory Forecast | June 2023 Update from the UK
The Food Standards Agency (FSA) and Food Standards Scotland (FSS) have launched a new system for businesses to apply for regulated products, including flavourings, food contact materials, novel foods, and food additives [1]. This comes as the UK government has decided to repeal the HFSS (high in fat, sugar, salt) promotional restrictions on volume price promotions and aisle placement, which were introduced by the previous government [2].
While aspects of HFSS promotional restrictions are planned for repeal, advertising restrictions on HFSS foods will proceed as scheduled from October 2025 and January 2026. This includes a 9pm watershed for HFSS product television ads starting January 2026, a full ban on paid online advertising of HFSS products to reduce children's exposure, and the prohibition of volume-based promotions such as "buy one get one free" from January 2026 [3].
The timeline for these changes is as follows: - Aisle placement restrictions: In force since 2022. - Volume price promotion restrictions: Scheduled for October 2025 but subject to imminent repeal announcement. - HFSS advertising restrictions: Confirmed to start October 2025 (with some bans effective January 2026).
The government has yet to provide full details on the repeal process or timelines for rolling back volume price and placement restrictions, but since October 2025 is only three months away, further information is expected shortly [1][2][3].
In a separate development, the FSA is considering various models to change the novel foods regulatory framework, including a triage-based regulation, but has not yet published the full report on this matter [4]. The FSA's revised Food Law Code of Practice aims to enable local authorities to use their resources more effectively and mean less frequent inspections for those businesses with a good track record of compliance [5].
The new Food Law Code of Practice for England and Northern Ireland, published by the FSA, introduces a new model for delivering food standards controls that will help local authorities focus on non-compliant businesses [6]. The Scottish Government plans to consult on detailed regulations to ban HFSS promotions in the autumn, with restrictions set to be introduced in 2025 at the earliest [7].
The UK government has also announced plans to remove and amend retain EU law on the production and marketing of wine, including allowing imported wine to be blended in market and removing the mandatory requirement for certain sparkling wines to have foil caps and mushroom stoppers [8]. The Department for Environment, Food & Rural Affairs has launched a consultation on these proposals, which closes on 21 July 2023 [9].
References: 1. GOV.UK: New system for businesses to apply for regulated products 2. GOV.UK: HFSS promotional restrictions to be repealed 3. GOV.UK: HFSS advertising restrictions to come into force 4. FSA: Novel foods regulatory framework review 5. FSA: Revised Food Law Code of Practice 6. FSA: New model for delivering food standards controls 7. Scottish Government: Consultation on detailed regulations to ban HFSS promotions 8. DEFRA: Plans to remove and amend retain EU law on the production and marketing of wine 9. DEFRA: Consultation on proposed changes to wine production and marketing laws
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