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Make
provision about the advertising, marketing and promotion of food
and
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drink products to children; and
for connected purposes.
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Be
it enacted by the Queen’s most Excellent Majesty, by
and with the advice and
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consent of the Lords Spiritual
and Temporal, and Commons, in this present
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Parliament assembled, and by
the authority of the same, as follows:—
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“advertising and promotion”
means trade practice the express or implied
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purpose of which is to promote
the sale or consumption of a product,
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and includes the sponsoring of
a television programmes and the
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5
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placement of a product in a programme
for the purpose of promotion;
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“brand” means any
name, logo, slogan or trademark associated with or
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“broadcast media”
includes—
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(a)
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scheduled and on-demand
broadcasts,
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10
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(c)
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terrestrial, satellite,
cable, pay or free television services
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broadcast within the United Kingdom;
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“children” means
any persons under the age of 16;
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“food” has the
same meaning as in the Food Safety Act 1990 (c. 16) and,
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15
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for the avoidance of doubt, includes
drink products;
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“non-broadcast media”
includes, but is not limited to—
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(a)
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print media, including mailings
and posters,
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(c)
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electronic media, including
online advertisements in paid-for
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space, websites and e-mail,
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(d)
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correspondence, including
brochures, flyers and similar
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25
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(g)
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point of sale displays,
and
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(h)
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sponsorship,
including communications which refer to
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2
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Promotion
of less healthy food to children
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(1)
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It is an offence for a person
or body to advertise or promote to children food
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products which are classified
as “less healthy” under the provisions of section
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7(c) of the Food Standards Act
1999 (c. 28) (inserted by section 3 of this Act).
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(2)
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An offence is committed under
this section if the less healthy food product is
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(a)
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in the case of the broadcast
media, by the broadcaster, if the
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advertisement or promotion is
broadcast between the hours 5.30 am
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10
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and 9.00 pm in the United Kingdom;
and
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(b)
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in the case of the non-broadcast
media, by the person or body
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responsible for distributing or
otherwise circulating the advertisement
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or promotion, provided that it
is targeted at children.
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(3)
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For the purposes of this Act,
“less healthy food product” includes any brand
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name which is associated with
the food product in question or similar less
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(4)
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A person or body guilty of an
offence under this section is liable on summary
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conviction to an unlimited fine.
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(5)
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The Secretary of State may make
a request to the Sentencing Guidelines
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Council to produce guidance on
the appropriate levels of fines imposed under
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(6)
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The Secretary of State may, by
regulations, issue guidance regarding—
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(a)
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the content and nature of advertisements
and promotions which may
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be permitted under this section,
and
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(b)
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the meaning of “associated
with” for the purposes of subsection (3).
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(7)
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Before making any such regulations,
the Secretary of State must consult—
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(a)
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the Food Standards Agency,
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(b)
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the Office of Communications,
and
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(c)
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any other organisation he considers
appropriate.
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(8)
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Regulations made under this
section shall be made by statutory instrument
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which shall be subject to annulment
in pursuance of a resolution of either
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3
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Duty
of Food Standards Agency
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(1)
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The Food Standards Act 1999 is
amended as follows.
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35
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(2)
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After section 7(b) insert—
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“(c)
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publishing a system or model
for determining those foods
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which
it classifies as “less healthy” for the purposes of
the Food
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Products
(Marketing to Children) Act 2008.”
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4
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Short
title, commencement and extent
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40
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(1)
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This Act may be cited as the
Food Products (Marketing to Children) Act 2008.
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