Talking Retail Grocery and product news for independent retailers
The new rules – which restrict where in the store you can sell HFSS food and ban multi-buy promotions – will now come into force in October next year instead of April.
The rules are not intended to apply to stores of less than 2000 sq ft or with fewer than 50 staff, but symbol group stores are being regarded as larger businesses because all the symbol group’s staff are being taken into account.
Despite pleas for this to be changed, the government says that symbol group members will not be able to claim exemption on the basis of having fewer than 50 staff.
ACS chief executive James Lowman said: “The extension to the timeframes ahead of implementation is welcome, but it’s still not a lot of time to make significant changes to stores when retailers are rightly still focusing on keeping colleagues and customers safe during a pandemic.
“We urge the Government to look again at the implementation dates and put in place a more sensible timeline to allow retailers to prepare.”
The measures confirmed this week are part of the Government’s wider Obesity Strategy, which includes a range of measures aimed at encouraging adults to change their purchasing behaviour, diet and lifestyle. Specific proposals aimed at retailers include:
- Restricting where in a store HFSS products can be located, so that retailers would not be able to put these products:
- Within two metres of a checkout area
- Within two metres of a designated queueing area
- In an end of aisle display
- At the entrance to the store
- Restricting volume promotions such as multibuys and ‘buy one get one free’ promotions for products deemed to be in scope of the high fat, salt or sugar (HFSS) regulations
Lowman added: “Forcing shops to change their store layouts is an extreme measure that cannot achieve significant public health gains given that the convenience store sector accounts for less than a quarter of the grocery market.
“This is another significant burden on small shops, and there is a growing sense that the government are throwing every idea and policy intervention at the problem without a clear idea of what will be effective.”
“Local shops have a responsibility and an opportunity to offer customers and communities and informed choice.
“We have already made great strides in the provision of healthy food in local shops through engaging in the Healthy Start programme and through investment in produce, chilled and fresh food.”
The NFRN trade body also welcomed the delay. National president Stuart Reddish said: “As part of the consultation process earlier this year, we pointed out the unfairness and inconsistency of including independent retailers who operate under a symbol banner, and called for the government to delay the changes until April 2023 at the earliest.
“The last 18 months have been hard enough, without this extra burden on retailers. At least the government has listened to some degree regarding the timing of the new legislation by delaying it for six months.”
The Government has also today published details of how it will enforce the new rules.
An ‘improvement notice’ will be issued, which if not followed, can result in a fine.
ACS is currently working with its primary authority partner Surrey and Bucks Trading Standards on providing advice around the detail of the regulations, especially around how stores estimate the relevant floor space of their business.
