Regulation 2 Interpretation

In these Regulations—

• “consumer” has the meaning given in section 2(3) of the Consumer Rights Act 2015^f1,

• “food” has the meaning given in section 1(1) of the Food Safety Act 1990^f2,

• “online marketplace” means any software (including a website, part of a website or an application) that is used to offer the qualifying business’s products for sale to consumers,

• “prepacked food item” means an item referred to in Article 2(2)(e) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers^f3,

• “qualifying business” has the meaning given in regulation 4,

• “qualifying person” means a person acting in the course of carrying on a qualifying business,

• “relevant special offer” means an offer of a discounted price for multiple items promoted as intended to be consumed together as, or as part of, a single meal by one person or by two or more people together (such as “meal deal” or “dine in for two” offers),

• “schedule food” means food falling within a category specified in the schedule (categories of specified food) of these Regulations,

• “specified food” has the meaning given in regulation 3,

• “store” includes a franchise or concession within a store,

• “the Nutrient Profiling Technical Guidance” means the guidelines dated 1 January 2011 and published by the Secretary of State on 14 January 2011 about the application of the 2004-2005 Nutrient Profiling Model^f4.

For the purposes of these Regulations, a qualifying person offers a qualifying business’s products for sale on an online marketplace if they determine (whether on behalf of the qualifying business or on behalf of another business) that the product is to be offered for sale and its price, irrespective of who undertakes on behalf of the qualifying business—

For the purposes of these Regulations, a reference to offering a product for sale includes exposing it for sale.