ACS welcomes consistent approach to HFSS regulations in Wales, calls for more clarification

Convenience store body Association of Convenience Stores (ACS) has responded to the Welsh Government’s consultation on the introduction of HFSS regulations in Wales, welcoming the consistency of the regulations with those already in place in England.

The HFSS regulations in Wales, which are intended to come into force in 2025, introduce the following measures:

• For retailers with more than 50 employees: Restrictions on the promotions of multibuys (for example 3 for 2) and additional volume (for example 50% extra free) of HFSS products
• For retailers with more than 50 employees and relevant floor space over 2000 sq ft: Restrictions on the placement of HFSS products at the end of aisles, within 2m of checkouts and queueing areas, and near the entrance of a store (dependent on store size)

As part of its consultation response, ACS has highlighted the need for clear guidance form the Welsh Government on the rules that is published with enough time for retailers and suppliers to adapt.

ACS has urged the Welsh Government to provide clarity for businesses on the following areas:

• Illustration examples of the store entrance restrictions
• Examples of the difference between aisles and islands in a store environment
• Clear separation between the promotion/placement restrictions and the advertising restrictions on HFSS products due to come into force in October 2025
• Guidance for suppliers on nutrient profiling to ensure that products are categorised correctly
• Clear examples of products that are in and out of the scope of the regulations

The timeframe for the introduction of the HFSS promotion and placement regulations is not yet confirmed, although the Welsh Government has committed to publishing guidance 12 months before the introduction of the rules.

ACS chief executive James Lowman said, “We welcome the Welsh Government’s intention to introduce HFSS rules that are consistent with those already in place in England, ensuring that there are minimal issues for retailers and suppliers that operate in both nations.

"However, the experience from England shows that official guidance available from the Government was insufficient in avoiding confusion when retailers were developing their revised store layouts, so it’s crucial that the Welsh Government gives as much clarity as possible in guidance for businesses ahead of the introduction of the regulations.”

ACS’s full response to the consultation is available here.