Restricting promotions of food and drink high in fat, sugar, or salt: consultation analysis

Annex 1: Consultation questions

Section 1. Foods that would be subject to restrictions

Question 1

Which food categories should foods promotion restrictions target?

• Option 1: Discretionary food categories (paragraph 61)
• Option 2: Discretionary foods +ice-cream and dairy desserts (paragraph 62)
• Option 3: Categories that are of most concern to childhood obesity (paragraphs 63-64)
• Option 4: All the categories included in the UK-wide reformulation programmes (paragraph 65)
• Other (please specify)
• Don't know

Please explain your answer.

Question 2

Should nutrient profiling be used within all targeted food categories to identify non-HFSS foods?(see paragraphs 68-72 for information on nutrient profiling)

• Yes
• No
• Don't know
• Other (please specify)

Please explain your answer.

Question 3

If nutrient profiling were used, do you agree with the proposal to only target pre-packed products and non-pre-packed soft drinks with added sugar in respect of unlimited refills for a fixed charge?(see paragraphs 73-74 for further information):

• Yes
• No
• Don't know
• Other (please specify)

Please explain your answer.

Section 2. Price promotions

Question 4

What are your views on the proposal to include the following within the scope of multi-buy restrictions:

Extra Free:

• Agree
• Disagree
• Don't know

Meal Deals:

Agree

• Disagree
• Don't know

Please explain your answers.

Question 5

What are your views on the proposal to restrict unlimited refills for a fixed charge on targeted soft drinks with added sugar?

• Agree
• Disagree
• Don't know
• Other (please specify)

Please explain your answer.

Question 6

Should other targeted foods be included in restrictions on unlimited amounts for a fixed charge?

• Yes
• No
• Don't know

Please explain your answer.

Question 7

What are your views on the proposal to restrict temporary price reductions (TPRs)?

• Agree
• Disagree
• Don't know
• Other (please specify)

Please explain your answer.

Question 8

Are there any other forms of price promotion that should be within scope of this policy?

• Yes
• No
• Don't know

Please explain your answer.

Section 3. Location and other non-price promotions

Question 9

Should the location of targeted foods in-store be restricted at:

Checkout areas, including self-service:

• Yes
• No
• Don't know

End of aisle:

• Yes
• No
• Don't know

Front of store, including store entrances and covered outside areas connected to the main shopping area:

• Yes
• No
• Don't know

Island/ bin displays:

• Yes
• No
• Don't know

Please explain your answers.

Question 10

Should any other types of in-store locations be included in restrictions?

• Yes (please specify)
• No
• Don't know

Please explain your answer.

Question 11

If included, should the location of targeted foods online be restricted on:

Home page:

• Yes
• No
• Don't know

Favourite products page:

• Yes
• No
• Don't know

Pop ups and similar pages not intentionally opened by the user:

• Yes
• No
• Don't know

Shopping basket:

• Yes
• No
• Don't know

Checkout page:

• Yes
• No
• Don't know

Please explain your answers.

Question 12

Should any other online locations be included in restrictions?

• Yes (please specify)
• No
• Don't know

Please explain your answer.

Question 13

Are there other types of promotions (in-store or online) not covered by our proposals for restricting price and location promotions that should be within scope?

• Yes
• No
• Don't know

Please explain your answer.

Section 4. Places that would be subject to restrictions

Question 14

Which places, where targeted foods are sold to the public, should promotions restrictions apply to?

Retail:

• Yes
• No
• Don't know

Out of home:

• Yes
• No
• Don't know

Wholesale (where sales are also made to the public):

• Yes
• No
• Don't know

Other outlets:

• Yes
• No
• Don't know

Please explain your answers.

Question 15

Are there other places/ types of business to which the restrictions should apply?

• Yes
• No
• Don't know

Please explain your answer.

It is proposed that the restrictions would not apply to:other wholesale outlets (where sales are only to trade); and where sales are not in the course of business, for example food provided through charitable activities, for example bake sales.

Question 16

Are there other places/ types of business which should not be within the scope of the restrictions?

• Yes
• No
• Don't know

Please explain your answer.

Section 5. Exemptions to restrictions

Question 17

Do you agree with our proposal to exempt specialist businesses that mainly sell one type of food product category, such as chocolatiers and sweet shops, from location restrictions?

• Yes
• No
• Don't know

Please explain your answer.

Question 18

If exemptions are extended beyond our proposal to exempt specialist businesses that mainly sell one type of food product category, should exemptions be applied on the basis of:

Yes / No / Don't know

• Number of employees
• Floor space
• Other (please specify)

Please explain your answer.

Question 19

If you agreed in question 18 that businesses should be exempt from location restrictions based on number of employees, what size of business should be exempt?

• All businesses in scope of restrictions (i.e. no exemptions based on employee number)
• All in scope except businesses with fewer than 10 employees (micro)
• All in scope except businesses with fewer than 50 employees (small and micro)
• All in scope except businesses with fewer than 250 employees (medium, small and micro)
• Other (please specify)

Please explain your answer.

Question 20

If you agreed in question 18 that businesses should be exempt from location restrictions based on floor space, what size of business should be exempt?

• Less than 93 square metres (1000 square feet)
• Less than 186 square metres (2000 square feet)
• Less than 279 square metres (3000 square feet)
• Other (please specify)

Please explain your answer.

Question 21

Are there any other types of exemptions that should apply?

• Yes
• No
• Don't know

Please explain your answer.

Section 6. Enforcement and implementation

Question 22

Do you agree with the proposal that local authorities are best placed to enforce the policy?

• Yes
• No
• Other (please specify who)
• Don't know

Please explain your answer.

Question 23

If local authorities were to enforce the policy, what resources (for example staffing/ funding) do you think would be required to support enforcement?

Please explain your answer.

Question 24

What do you think would be an appropriate lead-in time to allow preparation for enforcement and implementation of the policy?

• 6 months
• 12 months
• 18 months
• 24 months
• Other (please specify)
• Don't know

Please explain your answer.

Question 25

Are there any further considerations, for example as a result of the coronavirus pandemic, EU exit or rise in cost of living, that need to be taken into account in relation to enforcement?

Please explain your answer.

Section 7: Legislative framework

Question 26

Do you agree that Scottish Ministers should be able to make provision in secondary legislation, following consultation, to regulate in relation to specified less healthy food and drink and to arrange for enforcement (including the setting of offences and the issuing of compliance notices and fixed penalty notices)?

• Yes
• No
• Don't know

Please explain your answer.

Section 8. Impact Assessments

Question 27

What impacts, if any, do you think the proposed policy would have on people on the basis of their: age, sex, race, religion, sexual orientation, pregnancy and maternity, disability, gender reassignment and marriage/civil partnership?

Please consider both potentially positive and negative impacts and provide evidence where available. Comment on each characteristic individually.

Question 28

What impacts, if any, do you think the proposed policy would have on people living with socio-economic disadvantage? Please consider both potentially positive and negative impacts and provide evidence where available.

Question 29

Please use this space to identify other communities or population groups who you consider may be differentially impacted by this policy proposal. Please consider both potentially positive and negative impacts and provide evidence where available.

Question 30

Please tell us about any other potential unintended consequences (positive or negative) to businesses, consumers or others you consider may arise from the proposals set out in this consultation.

Question 31

Please outline any other comments you wish to make on this consultation.