Kiosks with Shawarma and Fast Food Are Banned Near Schools: Violation Penalty – 51 Thousand Hryvnias Fine

Two combined draft laws No. 15428 and No. 15429 have been submitted to the Verkhovna Rada, proposing to restrict the sale of food products with an unbalanced nutrient content near educational institutions within a radius of 400 meters and to establish administrative liability for violations of these requirements.

Thus, deputies want to create a so-called "safe food perimeter" around educational institutions within a radius of 400 meters.

Why the idea of such changes arose at all

The authors of the initiative explain the need for such changes by the rapid deterioration of health indicators among the child population in Ukraine, in particular the increase in cases of alimentary obesity (a chronic disease caused by excessive calorie intake, overeating, and a sedentary lifestyle when the body does not have time to expend the received energy; it is the most common form of overweight, which can be successfully corrected by lifestyle changes), cardiovascular diseases, and type II diabetes among schoolchildren.

According to the World Health Organization (WHO), a key factor is the excessive consumption of products high in added sugar, sodium, and saturated fats, which are aggressively advertised and sold in close proximity to schools.

Despite the Cabinet of Ministers limiting the amount of sugar, salt, and fats in school cafeterias, during breaks children freely buy unhealthy products ("junk food") in shops and kiosks located near educational institutions.

Therefore, this completely nullifies the state’s efforts to reform school nutrition, so an effective mechanism to protect children outside educational institutions is needed.

What is proposed

Draft law No. 15428 proposes to supplement the Law "Fundamentals of Ukrainian Legislation on Health Protection" with a new Article 62-1, which will define criteria for food products with an unbalanced nutrient content.

In particular, it is proposed to establish maximum content limits for:

• sugar;
• salt;
• saturated fats;
• trans fats.

The explanatory note states that the criteria are developed based on the Ministry of Health norms No. 1073, Cabinet of Ministers resolution No. 305 on school nutrition, and EU Regulation No. 1169/2011 requirements.

The draft law provides that the restrictions will apply within 400 meters from the land plots of preschool, general secondary, extracurricular, and vocational education institutions. Vocational education (PTU) is included because teenagers who are still minors often enter these after 9th grade.

At the same time, the rules will not apply to higher education institutions. The authors explain this by the fact that students are adults from 18 years old. From a legal point of view, they have full civil capacity, and the state cannot restrict their conscious choice of food or drinks.

Fines provided

The related draft law No. 15429 proposes amendments to the Code of Ukraine on Administrative Offenses and establishes liability for selling such products near educational institutions.

It is proposed to introduce a new Article 42-5:

• a fine from 8,500 to 17,000 UAH for the first violation;
• a fine from 25,500 to 51,000 UAH for repeated violations within a year.

In addition, mandatory confiscation of the batch of goods and proceeds obtained from its sale is provided.

Why exactly 400 meters and how it is regulated worldwide

The practice of restricting the sale of "junk food" around schools is actively implemented worldwide, and the radius of 400 meters comes from urban planning and medical legislation in the United Kingdom (especially London) and Ireland.

United Kingdom (London and other regions) – the birthplace of the 400-meter norm. London has an official urban planning strategy approved by the city mayor that prohibits the opening of new fast-food takeaway outlets within 400 meters of any school boundary. British health experts calculated that 400 meters is the average distance a child can quickly walk during a short break or on the way to school to impulsively buy chips or burgers. The Royal College of Paediatrics and Child Health actively advocates expanding this norm nationwide.

Ireland (County Wicklow) was one of the first EU countries to introduce the concept of "No Fry Zones" at the local level. Municipalities (for example, in County Wicklow) legislatively banned the construction and opening of any fast-food restaurants closer than 400 meters from schools to reduce childhood obesity levels.

Australia (in the implementation stage). Local politicians (including the Green Party) have submitted a draft law to parliament that provides for a complete ban on building new fast-food restaurants (such as McDonald’s, KFC, and Hungry Jack’s) within 400 meters of school territories.

How harmful products will be determined?

For the purposes of the new Article 62-1 in the health protection law, a food product will be defined as having an unbalanced nutrient content if the indicators per 100 grams (or 100 milliliters) of the product are:

• significant sugar content: more than 12.5 g for solid products; more than 6.3 g for liquid products;
• significant salt content: more than 1.5 g for solid products; more than 0.75 g for liquid products;
• excessive fat content: saturated fatty acids more than 5.0 g for solid products; more than 2.5 g for liquid products; industrially produced trans fatty acids more than 2.0 g of the total fat content in the product.

For food products and dishes without factory packaging and nutritional labeling (bakery products, culinary products, street food), compliance with these criteria is determined by laboratory control according to a methodology approved by the Cabinet of Ministers or based on approved technological cards of the manufacturer.

The prohibition provided by this article does not apply to fresh vegetables, fruits, berries, pure drinking water, as well as food organized directly inside the educational institution according to established school nutrition standards.

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