HFSS FAQs

The legislation includes:

• Food and drink offered for sale in a form which is suitable for immediate consumption.

The legislation excludes:

• Fresh fruit/veg, uncooked meat, cheese.
• Temporary menu items on sale for less than 30 consecutive days and a total of 30 days a year.
• Alcoholic drinks over 1.2% abv.
• Condiments provided to be added by the consumer.
• On international transport to a foreign country.
• Charitable activities e.g. raising funds at a single event.
• ‘Off menu’ food, prepared at request of the customer.
• Pre-packaged food and drink.

Includes any large businesses (250 or more employees)

Large businesses in England selling food for immediate consumption. And food sold by large businesses online including third party delivery companies e.g. Deliveroo

Excludes:

Schools, military, hospital/social care, workplace canteens – unless these are provided by another large business.

Included in legislation: Non-packaged products (dispense)

Not included: Packaged products (PET, can, glass etc.)

Businesses in scope of the legislation will need to display the following at the point of choice:

• The energy content in kcal
• The size of the portion to which it relates
• The statement: “adults need around 2000kcal a day”

In Outlet

• Menu Board
• Digital Menu
• Outlet Order & Pay App
• Shelf Barker/Wobbler
• Delivery App
• TV Screen
• Printed Menu

Foodservice

• Menu Board
• Digital Menu
• Outlet Order & Pay App
• Shelf Barker/Wobbler
• Delivery App
• TV Screen
• Printed Menu

Licensed

• Printed Menu
• Digital Menu
• Outlet Order & Pay App
• Table Talker (optional if promotional material is available)

Businesses that are adopting the calorie labelling legislation must:

• Display the energy content of the food in kilocalories (kcal)
• Reference the size of the portion to which the calorie information relates
• Display the statement that ‘adults need around 2000 kcal a day’

Calorie information, the reference to portion size, and the statement of daily calorie needs must be displayed clearly and prominently at the ‘point of choice’ for the customer; this is considered any place where customers choose what food and drink to buy. For businesses where consumers may choose their food in several locations, such as a menu on the premises, a display case on the premises, and an online menu, businesses are required to provide calorie information at each.

Information displayed must be easily visible, clearly legible and not hidden/obscured. Ensuring the information is easily visible could be achieved by using the same font type or style of lettering, colour, size and background of the description or price of the corresponding item.

The statement of calorie needs ‘adults need around 2000 kcal a day’ must be displayed once on every page of the menu (and where the menu is a double-sided card, on each side of the menu). If on a menu board, ensure the statement can be easily read when looking at the board.

NB – Children’s menus are not required to display this statement.

For accuracy of calorie calculations these can be based on

• Manufacturers analysis
• Calculation from known or average values in ingredients
• Calculation from generally accepted data sets

However, businesses are permitted a 20%+/- change to the calorie content of the dish without having to update the calorie information on the menu. In view of inherent variations in ingredients, processing of foods etc. there can be a tolerance of 20%.