New regulations regarding the labelling of calories come into force on 6 April 2022 for food and drinks sold ‘out-of-home’ in England. 

All businesses with more than 250 employees will be required to display calorie content for food and drinks (under 1.2 ABV) under the Calorie Labelling (Out of Home Sector) (England) Regulations 2021. 

Government legislation will implement mandatory calorie labelling among large food businesses in any outlet where food or drink is prepared in a way that means it is ready for immediate consumption, on or off the premises.  This will include restaurants, cafes and takeaways. However, retail businesses, such as supermarkets or minimarkets, are growing contributors to food sold for consumption on the go, so may also be in scope.

Government believes this will make it easier for consumers to make informed, healthier decisions when purchasing food from such businesses, saying “in addition to helping consumers to make healthier decisions, calorie labelling also aims to encourage businesses to reformulate the food and drink they offer and provide lower calorie options for their customers”.

This guidance helps to illustrate how the Regulations mandating calorie labelling in the out of home sector for businesses with 250+ should be implemented.

While not subject to this regulatory requirement, the government is encouraging smaller food businesses to also voluntarily adopt calorie labelling – regulations may be extended to smaller outlets in the future.

NB the Regulations come into force from 6 April 2022 and failure to comply may result in an improvement notice.  There are a number of exemptions (see the guidance) which includes food temporarily on the menu and fresh fruit or vegetables sold separately.

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