Following a consultation on introducing restrictions on the marketing of foods high in fat sugar and salt, the Welsh government is now consulting on the draft regulations and enforcement approach for The Food (Promotion and Placement) (Wales) Draft Regulations. It has also issued a call for evidence about energy drink consumption in children.

The draft Regulations are like those already partly in force in England and provide that:

• Locations restrictions will prohibit retailers from placing HFSS products in certain locations and will apply to in store entrances, aisle ends and checkout/queueing areas and their online equivalents (for example, website entry pages, landing pages for other food categories, and shopping basket and payment pages).
• Volume price promotion restrictions will prohibit retailers from offering, both in store and online, promotions on HFSS products that indicate a product, or any part of a product, is free (such as "buy-one-get-one-free") and multibuy promotions, meaning the express offer of a financial incentive for buying multiple items compared with the price for buying each item separately (such as "3 for 2" offers). The restrictions will apply to promotions included on the packaging of products as well as to promotions communicated to consumers via other means. There will be a 12-month transition period regarding promotions included on the packaging of products. 
• Free refill promotion restrictions will prohibit retailers and the out of home sector from offering a promotion to consumers that offers the same non-pre-packed sugar-sweetened beverage or another similar drink (including free top-ups) for free after the consumption of a first. 

Enforcement powers will be made under the Food Safety Act 1990 and the Regulatory Enforcement and Sanctions Act 2008.  The Welsh government’s approach mirrors the enforcement approach taken by UK Government, in that:

• local authorities will be responsible for enforcing the policy (via their authorised enforcement officers). In practical terms, this will mean enforcement officers inspecting compliance with the Regulations during enforcement visits; holding supportive conversations with businesses to prevent or remedy a breach; and taking further enforcement action where necessary.
• the enforcement process will focus on supporting compliance rather than penalising non-compliance, which is best suited.
• a range of enforcement options will be open to local authorities, for example, the option of civil penalties rather than criminal penalties.

The Welsh government intends to make the Regulations by the end of 2024 with a 12-month implementation window before they come into force. Supporting guidance will be co-produced with businesses and enforcement bodies.

The Scottish government recently consulted on similar restrictions.

Energy drinks

The Welsh government is also asking for evidence about the consumption of energy drinks by children. It consulted on proposals to restrict the sale of energy drinks to under 16s in 2022. 72% of respondents supported the proposal but not altogether unsurprisingly, most food and drink industry respondents were strongly opposed to a ban and said that there was insufficient evidence to support implementing age-related sales restrictions. The Welsh government is therefore asking for additional evidence.  

The consultation ends on 23 September 2024.