Retailers’ confusion about HFSS rules continues

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Retailers say that confusion remains about which stores will be subject to the new rules on high fat salt and sugar foods (HFSS), which come into effect in October 2022.

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The new rules – which restrict where in the store you can sell HFSS food and ban multi-buy promotions – 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.

The confusion for retailers comes largely because there is more than one criteria being used to assess if stores are exempt from the requirements.

Amit Puntambekar, proprietor of Ash’s Store in Fenstanton, Cambridgeshire, said: “There is massive confusion. I am really having to check and double check whether I will have to comply or not.

“I have got less than 50 staff and I am under 2000 sq ft, but I am a member of a symbol group. I think I am probably exempt but there is a lot of dotting the i’s and crossing the t’s that needs to be done here.”

Samantha Coldbeck, of Wharfedale Premier in Hull, said: “We need clarity. Even symbol groups are not sure if shops in their symbol under 2000 sq ft will be affected. It is difficult to plan re-fits without this knowledge.”

Dave Wyatt, who runs the Costcutter on the forecourt at Crawley Down garage, West Sussex, had a more fundamental objection to the new rules. He said: “In my opinion it is not the job of the government to tell me what I can eat.”

The comments come in the same week that analyst Lumina published research that showed nearly one in five products bought in convenience stores are sold in areas of stores that face restrictions.

These areas are the end of an aisle, a display at the front of the store or a display at the till.