
The Welsh Government has published its response to their draft ‘High Fat Salt Sugar’ (HFSS) Regulations consultation which closed on 23rd September 2024.
The majority of respondents to the consultation felt that the draft regulations described the restrictions accurately and clearly and stressed the importance of them being aligned with equivalent existing regulations in England. They also asked for Welsh Government to provide clear guidance to help businesses comply with restrictions.
Responses from the public sector and health organisations/academics largely welcomed the proposed regulations but asked for Welsh Government to consider extending the restrictions to either include additional product categories or introduce additional restrictions such as to Temporary Price Reductions (TPRs). This was in direct contrast to the views expressed by members of the general public who felt the measures set out within the draft regulations were too restrictive. Members of the public also raised concerns about the impact of the regulations on the cost of living.
Respondents raised a number of different views in relation to the proposed enforcement approach for the regulations, commonly stressing the importance of a proportionate approach to enforcement which supports businesses to comply with the regulations instead of penalising non-compliance.
Responses also commonly raised the need for enforcement bodies to be provided with adequate resourcing, training and guidance ahead of the regulations coming into force.
Members of the public were most critical of the enforcement approach and raised concerns about the impact it could have on smaller businesses.
A number of comments were also raised in relation to the draft impact assessments published alongside the consultation.
In conclusion, the Welsh Government have stated that they are not proposing to make any significant amendments to the draft regulations as a result of consultation feedback. However, they will be amending draft impact assessments in line with respondents’ suggestions and will ensure comprehensive guidance is available to businesses and enforcement bodies ahead of the regulations coming into force. They will also be adjusting the planned timings for the regulations coming into force, which recognises comments from businesses and enforcement bodies.
Subject to Senedd approval of the Regulations, their intention is now for them to come into force in Spring 2026, following a 12-month implementation window.
The Summary of responses and the Government response can be found here