FOOD AND NUTRITION ACT

to provide for the implementation of a national food and nutrition programme; continue the existence of the National Food and Nutrition Commission and re-define its functions; establish the Board of the Commission and define its functions; re-constitute the Board of the Commission and re-define its functions; establish the Food and Nutrition Coordinating Committee and provide for its functions; repeal and replace the National Food and Nutrition Commission Act, 1967; and provide for matters connected with, or incidental to, the foregoing.

[26th March, 2021]

Act 3 of 2020,

SI 18 of 2021.

PART I
PRELIMINARY PROVISIONS

1. Short title

This Act may be cited as the Food and Nutrition Act.

2. Interpretation

In this Act unless the context otherwise requires-

"authorised officer" means an employee of the Commission or any other officer authorised in writing to enforce this Act;

"Board" means the Board of the Commission constituted under section 6;

"Chairperson" means the person appointed as Chairperson of the Board under section 6;

"Commission" means the National Food and Nutrition Commission continued under section 3;

"Coordinating Committee" means the Food and Nutrition Coordinating Committee constituted under section 30;

"Emoluments Commission" means the Emoluments Commission established under the Constitution;

"Executive Director" means the person appointed as Executive Director under section 9;

"food" has the meaning assigned to the word in the Food Safety Act;

"food supplement" means a product, other than tobacco, intended to supplement the diet, and includes the following characteristics-

(a) contains concentrated source of one or more of the following-

(i) vitamins;

(ii) minerals;

(iii) amino acids;

(iv) essential oils;

(v) natural substances of plant or animal origin;

(vi) enzymes; or

(vii) substances with nutritional or physiological function or contains a combination of any of these;

(b) is intended to be taken orally in the form of tablet, capsule, powder, softgel, gelcap, granules or liquid;

(d) is labelled as a food supplement;

"Health Professions Council of Zambia" means the Health Professions Council of Zambia established under the Health Professions Act;

"higher education institution" has the meaning assigned to the words in the Higher Education Act;

"institution" means a public or private organisation, establishment, foundation or society involved in the promotion of public, educational or charitable programmes;

"legally disqualified" means having no legal capacity as provided in section 4 of the Mental Health Act;

"malnutrition" means a condition resulting from an inadequate or excess intake of food resulting in either under nutrition or over nutrition;

"micro-nutrient deficiency" means the inadequate availability of either vitamins or minerals, or both, required to maintain health in the body, and "micro-nutrient deficiencies" shall be construed accordingly;

"national food and nutrition programme" means provision of services in an integrated manner to improve the food and nutrition situation of the population;

"nutrition" means the intake of food, considered in relation to the body's dietary needs for growth, development and maintenance of health;

"nutrition group" means an organisation registered with the Commission that carries out food and nutrition programmes at community level;

"nutritionist" means a person qualified in the field of human nutrition, dietetics, food and nutrition sciences and registered with the Commission or the Health Professions Council of Zambia;

"nutritional security" means a person's access to an optimal nutrition status relative to age, sex and physiological characteristics covering dietary energy, protein mineral and vitamin requirement;

"nutritional supplement" means natural, processed or manufactured food in the form of a capsule, tablet, powder or liquid source of nutrients, or other substance with a nutritional or physiological effect capable of supplementing the normal diet;

"Register" means the Register referred to under section 28;

"repealed Act" means the National Food and Nutrition Commission Act;

"Secretary" means the person appointed as Secretary to the Commission under section 10;

"Vice-Chairperson" means the person elected as Vice-Chairperson under section 6;

"vulnerable group" means a group at risk of nutritional deficiencies and includes children under five years of age, adolescents, pregnant women and breastfeeding mothers, the aged and individuals with special nutritional needs; and

"Zambia Qualifications Authority" means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act.

PART II
THE NATIONAL FOOD AND NUTRITION COMMISSION

3. Continuation of Commission

(1) The National Food and Nutrition Commission established under the repealed Act is continued as if established under this Act.

(2) The Commission is a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and with power subject to other provisions of this Act to do the acts that a body corporate may, by law, do or perform.

4. Seal of Commission

(1) The seal of the Commission is a device that may be determined by the Commission and shall be kept by the Executive Director.

(2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Executive Director or any other person authorised in that behalf by a resolution of the Board.

(3) A contract or instrument which if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without a seal on behalf of the Commission by the Executive Director or any other person generally or specifically authorised by the Board in that behalf.

(4) A document purporting to be a document under the seal of the Commission or issued on behalf of the Commission, shall be received in evidence and shall be deemed to be so executed or issued, without further proof, unless the contrary is proved.

5. Functions of Commission

(1) The functions of the Commission are to-

(a) register nutritionists, except those registered under the Health Professions Act;

(b) formulate the national food and nutrition programme in the Republic;

(c) co-ordinate, monitor and evaluate food and nutrition programmes in order to improve delivery and access to food and nutrition services;

(d) issue and facilitate the implementation of guidelines for the purposes of this Act;

(e) carry out research on food and nutritional matters;

(f) develop and implement a nutrition surveillance system to monitor the food and nutrition situation in the Republic, particularly for vulnerable groups;

(g) advocate for good nutrition practices among the population;

(h) promote local nutritious foods;

(i) collaborate with other relevant institutions in matters relating to food and nutrition;

(j) establish and maintain a national food and nutrition information system;

(k) promote provision of adequate diet in public and private institutions;

(l) in consultation with the Higher Education Authority, coordinate food and nutrition training, in national food and nutrition programmes;

(m) liaise with professional bodies and institutions at national, regional and international levels in matters related to food and nutrition;

(n) undertake nutrition assessments and make recommendations to address micro-nutrient deficiencies of public health significance;

(o) register nutrition groups; and

(p) approve food and nutrition programmes or projects to be undertaken by an institution.

(2) The Commission may-

(a) require any person dealing with food supplements or any agent, employee, servant or authorised representative of that person to furnish the Commission with information, records and samples that are necessary to enable the Commission monitor food and nutrition matters under this Act; and

(b) direct any organisation implementing a food and nutrition programme to implement the programme in a manner that ensures compliance with this Act.

6. Board of Commission

(1) There is constituted a Board of the Commission which consists of the following part-time members appointed by the Minister-

(a) a representative each of the-

(i) office of the Vice-President;

(ii) Attorney-General;

(iii) ministry responsible for health;

(iv) ministry responsible for agriculture;

(v) ministry responsible for water and sanitation;

(vi) ministry responsible for Community Development and Social Services; and

(vii) ministry responsible for education;

(b) a representative from a recognised food and nutrition professional body;

(d) a representative from a civil society organisation dealing with food and nutrition; and

(e) one person with experience and knowledge in matters relevant to this Act.

(2) The ministries, institutions and organisations referred to in sub-section (1), shall nominate their representatives for appointment by the Minister.

(3) The Minister shall appoint the Chairperson of the Board from among the members.

(4) The members shall elect the Vice-Chairperson of the Board from among themselves.

(5) A person shall not be nominated or appointed as a member of the Board if that person-

(a) is not a citizen;

(b) has not served at senior management level for at least five years;

(d) is legally disqualified from holding the office of a member;

(e) has been convicted of an offence under any other written law and sentenced to imprisonment for a period exceeding six months without the option of a fine within a period of five years preceding the date of nomination or appointment;

(f) has been found guilty of professional misconduct; or

(g) is an employee of the Commission.

7. Functions of Board

The functions of the Board are to-

(a) approve the policy and strategic plan of the Commission;

(b) approve the annual budget estimates and audited financial statements of the Commission;

(d) establish and approve guidelines and standards for the purposes of this Act.

8. Delegation of functions of Board

(1) The Board may, subject to any conditions imposed and guidelines issued by it, delegate to the Executive Director any of its functions under this Act.

(2) The Minister may give to the Board general or specific directions relating to the performance of its functions and the Board shall give effect to those directions to the extent that they are not inconsistent with this Act.

9. Executive Director

(1) The Board shall appoint an Executive Director of the Commission who shall be the chief executive officer of the Commission and responsible, under the direction of the Board, for the day-to-day administration, of the Commission.

(2) A person qualifies to be appointed as Executive Director if that person possesses the relevant qualifications, professional competencies and experience in food and nutrition or other relevant qualifications, professional competencies and experience from an institution recognised by the Zambia Qualifications Authority.

(3) The Executive Director may attend meetings of the Board and of any committee and may address those meetings, but shall have no vote.

10. Secretary and other staff

(1) The Board shall appoint a Secretary who shall perform board secretarial functions.

(2) The Commission may appoint other staff of the Commission that the Commission considers necessary for the performance of the functions of the Commission.

11. Emoluments and other conditions of service of Executive Director, Secretary and other staff

(1) The Emoluments Commission shall, on the recommendation of the Commission, determine the emoluments of the Executive Director, Secretary and other staff of the Commission.

(2) The Board shall determine the conditions of service, other than the emoluments, of the Executive Director, Secretary and other staff of the Commission.

12. Tenure of office of member and vacancy

(1) A member of the Board shall hold office for a period of three years and may be re-appointed for one further period of three years.

(2) A member may resign on giving one month's notice, in writing, to the Minister.

(3) The office of a member shall become vacant if that member-

(a) is absent, without reasonable excuse, from three consecutive meetings of the Board of which the member is notified;

(b) is adjudged bankrupt;

(c) is convicted of an offence under this Act or any other written law and sentenced to imprisonment for a period exceeding six months without the option of a fine;

(d) ceases to be a representative or member of the institution which nominated that member;

(e) is found guilty of professional misconduct;

(f) is removed from the Board by the Minister;

(g) is legally disqualified from performing the functions of a member;

(h) dies; or

(i) resigns.

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