Regulation 3 Specified food

(1)

For the purposes of these Regulations, “specified food” is food contained in a prepacked food item which—

(a)

is Schedule 1 food,

(b)

is less healthy (as defined in paragraph (4)), and

(c)

is not food to which paragraph (5) (charity food sales) applies.

(2)

Where a prepacked food item contains more than one type of food, all of the food contained in the item is to be treated for the purposes of paragraph (1)(a) as Schedule 1 food where one (or more) of the types of food contained in the item would, on its own, be Schedule 1 food.

(3)

Where a product contains multiple items of which one (or more) is a prepacked food item containing specified food, the entire product is to be treated as specified food.

(4)

For the purposes of this regulation—

(a)

food that is not a drink is less healthy if it scores 4 or more points in accordance with the Nutrient Profiling Technical Guidance;

(b)

a drink is less healthy if it scores 1 or more points in accordance with the Nutrient Profiling Technical Guidance.

(5)

This paragraph applies to food which is—

(a)

provided by a charity, in the course of its charitable activities, free or for a price which is less than the cost of providing that food, or

(b)

offered for sale by or on behalf of a charity to raise funds for its charitable activities at a single event.

(6)

For the purposes of paragraph (5)—

(a)

“charity” has the meaning given by section 1 of the Charities Act 2011^f1;

(b)

“charitable activity” means an activity carried out for a charitable purpose, other than primarily for the purpose of raising funds;

(c)

“charitable purpose” has the meaning given by section 2(1) of the Charities Act 2011.

Annotations

Footnotes

f1: 2011 c. 25.