The Scottish Government has today (31st October) laid regulations confirming the introduction of restrictions on HFSS products from 1st October 2026.

Under the regulations, retailers with 50 or more employees (symbol groups counted as an entire business not as an individual store) and relevant floor space over 2,000 sq ft will have to comply with restrictions on HFSS products at the end of aisles, at store entrances and within 2m of checkouts and queueing areas. The rules also mean that regardless of store size, retailers with 50 or more employees will have to stop multibuy and volume promotions for HFSS products. Examples of volume promotions and multibuys are promotions like ‘50% extra free, ‘buy one get one free’ and ‘three for £10’.

In England, HFSS regulations on location restrictions have been in place since October 2022, with volume promotion restrictions introduced in October 2025. The Welsh Government’s HFSS promotion and location restriction regulations will be coming into force March 26th, 2026.

The regulations in Scotland strongly align with those in place already in England, with one exception when it comes to enforcement. In England, businesses that don't comply with the regulations can be given compliance or improvement notices by Trading Standards before further action is taken, but in Scotland a breach of the rules will result in a fine of up to £2,500.

ACS has previously called on the Scottish and Welsh Governments to align its regulations with the rest of the UK to ensure that there is consistency for retailers, suppliers and customers.

Retailers who trade as part of a fascia group should check with their symbol partners to see whether they meet the definition of a small business and are exempt from these regulations on that basis.

ACS has produced comprehensive guidance for retailers on adapting their businesses to comply with HFSS regulations, which is available here.