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Make
provision about the advertising of food products on television
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programme services; 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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1 |
Advertising
of food on television programme services |
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(1) |
The advertising of food
products on television services between the hours of 5 |
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o’clock in the morning
and 9 o’clock in the evening is prohibited unless the
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requirement in subsection
(2) is satisfied. |
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(2) |
The requirement is that
the food product concerned has, pursuant to section 8A |
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of the Food
Standards Act 1999 (c. 28), been classified as meeting
certain |
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nutritional standards specified
by the Food Standards Agency. |
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(3) |
The advertising on television
services between the hours of 5 o’clock in the |
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morning and 9 o’clock
in the evening of a range of foods is prohibited unless |
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all food products in that
range fulfil the requirement in subsection (2). |
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(4) |
For the purposes of subsection
(3) a “range of foods” includes any food product
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that would be commonly
understood as being promoted by the advertisement |
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(5) |
For the avoidance of doubt,
subsection (3) does not prevent the advertising of |
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individual food products
belonging to a wider range of foods, some of which |
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do not fulfil the requirement
in subsection (2), so long as that requirement is |
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met for the food product
in question. |
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“advertising”
includes the sponsoring of programmes and the inclusion in |
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a programme of the food
product in such a way as to promote that |
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“food” has
the same meaning as in the Food Safety Act 1990 (c. 16); |
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“television services”
has the same meaning as in the Communications
Act |
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2 |
Classification
of food products |
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(1) |
The Food
Standards Act 1999 (c. 28) is amended as follows. |
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(2) |
After section 8 insert— |
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“8A |
Duties
in relation to nutrition |
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(1) |
The Agency shall formulate
a model, “the nutrition profiling model”, |
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for
classifying food products as healthy or otherwise. |
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(2) |
In formulating the model,
the Agency shall take into account the salt, |
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sugar
and fat content of food products, as well as any other aspect
of |
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nutrition
which the Agency deems relevant. |
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(3) |
The model shall be available
for use by— |
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(a) |
Ofcom for the purposes
of the Television Advertising (Food) |
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(b) |
such other persons and
bodies, and for such purposes, as the |
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Secretary
of State shall by regulations prescribe.” |
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(3) |
In section 37(4) (subordinate
legislation) after “section” insert “8A,”. |
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3 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Television Advertising (Food) Act 2007. |
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(2) |
This Act comes into force
at the end of the period of two months beginning on |
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the day on which it is
passed. |
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(3) |
This Act extends to England
and Wales. |
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