# The Food (Promotion and Placement) (England) Regulations 2021, 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;
(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.

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Source: https://www.legislation.gov.uk/ukdsi/2021/9780348226195/regulation/3 (the official version)
Page: https://openlegislation.uk/draft-food-promotion-and-placement-england-regulations-2021/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.