Half of adults are overweight, and that proportion continues to rise. Especially in vulnerable neighbourhoods, fast-food outlets are growing explosively, while fresh food shops are disappearing. Municipalities want to intervene, but get stuck in existing legislation. The report by Berenschot (commissioned by the Ministry of Health, Welfare and Sport) handed to the Lower House on 16 April 2025 makes it clear: only a new Food Act will give municipalities a grip on this problem.
According to Berenschot, municipalities cannot currently legally intervene in local food supply on the basis of health. The Environment Act and Commodities Act offer no room for this, and European regulations protect entrepreneurs' freedom of establishment - even for unhealthy offerings. So municipalities are not allowed to ban fast-food outlets around schools, however much they may want to.
The solution? A broad Food Act in which public health becomes an independent policy goal. With this, municipalities can:
According to Berenschot, this is legally feasible, if properly justified.
The report refers to the so-called UvA method, which gives food providers a health score of -5 (unhealthy) to +5 (healthy). Fast food scores low, greengrocers high. This provides municipalities with a policy-based tool, but is not yet legally conclusive at individual shop level. Further research and refinement are needed.
Berenschot stresses that obesity is not just a matter of personal choice. People largely eat impulsively, driven by temptations in their immediate environment - smells, visibility, availability. Young people in particular are susceptible to this. So the environment literally forms the menu from which we choose.
Although the law focuses on keeping out unhealthy entrants, small fresh food entrepreneurs may also fall between the cracks. Think of mixed businesses that sell both healthy and less healthy products, such as a sandwich shop with cola in the fridge. The law also brings risks of additional regulations, licence pressure and uncertainty about interpretation of 'healthy'.
Therefore, it is important to have clear definitions with transparent criteria and a protection of local artisanal providers, who can actually contribute to a healthier environment.
Berenschot thinks the new Food Act is legally necessary to give health a place in spatial policy. But success depends on customisation, legal care and involving local entrepreneurs. Those who really want to promote healthy choices should not only curb fast-food growth, but also give healthy alternatives all the space they need.
Source: https://www.tweedekamer.nl/kamerstukken/detail?id=2025D17445&did=2025D17445
