Regulation 3 Specified food

(1)

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

(a)

schedule food,

(b)

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

(c)

not food to which paragraph (5) 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 food where one (or more) of the types of food contained in the item would, on its own, be schedule 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 charitable body, in the course of its charitable activities, free or for a price which is less than the cost of providing that food, or

(b)

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

(6)

For the purposes of paragraph (5)—

(a)

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

(b)

“charitable body” means a body—

(i)

the purposes of which consist only of one or more charitable purposes, and

(ii)

which provides public benefit in Scotland or elsewhere.

(c)

“charitable purpose” is to be construed in accordance with section 7(2) of the Charities and Trustee Investment (Scotland) Act 2005^f1,

(d)

“public benefit” is to be construed in accordance with section 8 of that Act.

Annotations

Footnotes

f1: 2005 asp 10.