Calorie Labelling in the Out of Home Sector

The Calorie Labelling (Out of Home Sector) (England) Regulations 2021 come into effect on 6^th April 2022, and require qualifying businesses selling food for immediate consumption to communicate the calorie content to consumers before the point of purchase.

These notes are not exhaustive, but intended to provide some clarity on common queries affecting customers of the C&C Group. Individual businesses are responsible for ensuring compliance with the law. Full details can be found here, and more detailed guidance notes can be found here.

1. Businesses in Scope:

Generally, businesses with 250 or more employees offering non-prepacked food or drink for immediate consumption, such as restaurants, cafes and pubs- including those within larger venues. Also includes home delivery services and third party apps, plus contract catering services. Some exemptions apply within catering and franchise businesses.

Additionally, these regulations are only applicable in England.

2. Food in Scope:

Food which requires calorie labelling is food which is:

Sold in a form suitable for immediate consumption
Not prepacked
Not exempt

Immediate consumption could be either on premises or off premises but with no further preparation required.

Prepacked non-alcoholic beverages sold in cans or bottles would be exempt, as labelling on package already mandatory.

Alcoholic beverages over 1.2% ABV are exempt.

Other exemptions apply for single ingredient / unprocessed foods and food on a menu temporarily (less than 30 days). See the primary guidance notes for full details.

3. How to Display the Calorie Information

For the food in scope, the business must:

Display the energy content of the whole serving in kcal
Reference the serving size to which the calorie info relates
Display the statement ‘adults need around 2000 kcal a day’

Some examples can be seen here, or by following the link to Annex C in the guidance notes.

The info above must be displayed clearly and prominently at the “point of choice”. This could be on a menu (boards, electronic or online / app menus) or next to where items are on display (buffet, display case).

The statement of daily calorie needs should be repeated with appropriate frequency e.g. each menu page / display area. The statement is not required on children’s menus, however the calorie content must still be given.

To allow for different businesses to meet the rules on displaying the calories per portion, the C&C Group will provide calorie information for in-scope beverages in a standard kcal per 100ml format. The food business shall be responsible for calculating the total calories based on the portion size they are serving.

Further information on calculating the calorie content, required accuracy, and rules for enforcement can be found with in the primary guidance. Local Authorities will be responsible for enforcement in their areas.