Related documents
- Is commenced by Food and Nutrition Act (Commencement) Order, 2021
Zambia
Food and Nutrition Act, 2020
Act 3 of 2020
- Published in Government Gazette on 26 October 2020
- Assented to on 23 October 2020
- Commenced on 26 March 2021 by Food and Nutrition Act (Commencement) Order, 2021
- [This is the version of this document from 26 October 2020.]
Part I – Preliminary provisions
1. Short title and commencement
This Act may be cited as the Food and Nutrition Act, 2020, and shall come into operation on the date appointed by the Minister by statutory instrument.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;[Cap. 1]"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;[Act No. 7 of 2019]"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;(c)is not represented for use as a conventional food or as a sole item of a meal or the diet; and(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;[Act No. 24 of 2009]"higher education institution" has the meaning assigned to the words in the Higher Education Act;[Act No. 4 of 2013]"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;[Act No. 6 of 2019]"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;[Cap. 308]"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.[Act No. 13 of 2011]Part II – The National Food and Nutrition Commission
3. Continuation of Commission
4. Seal of Commission
5. Functions of Commission
6. Board of Commission
7. Functions of Board
The functions of the Board are to—8. Delegation of functions of Board
9. Executive Director
10. Secretary and other staff
11. Emoluments and other conditions of service of Executive Director, Secretary and other staff
12. Tenure of office of member and vacancy
13. Proceedings of Board
14. Committees of Board
15. Filling of casual vacancy
The Minister may, where the office of a member becomes vacant before the expiry of the term of office, appoint another member in place of the member who vacates office but that member shall only hold office for the remainder of the term.16. Allowances of member
A member of the Board or a committee of the Board, shall be paid allowances that the Emoluments Commission may, on the recommendation of the Minister, determine.17. Disclosure of interest
18. Prohibition of publication or disclosure of information to unauthorised persons
19. Immunity of member, committee and staff
An action or other proceeding shall not lie or be instituted against a member of the Board, a committee of the Board, or a member of staff of the Commission for, or in respect of, any act or thing done in good faith in the exercise or performance of, any of the powers, functions or duties conferred under this Act.Part III – Inspectorate
20. Authorised officer
21. Powers of authorised officer
Part IV – Registration of nutrition groups
22. Prohibition of operation without certificate of registration
23. Application for registration of a nutrition group
24. Validity of certificate
A certificate of registration is valid for a period of five years unless cancelled.25. Renewal of certificate of registration
26. Operation of nutrition groups
27. Change in details
A nutrition group shall notify the Commission of any change of that nutrition group’s particulars relating to the registration within seven days of the change.28. Suspension or cancellation of certificate of registration
29. Re-registration
Where a certificate of registration is cancelled the holder of the certificate of registration may, subject to the terms and conditions that the Commission may determine, apply for reregistration on payment of a prescribed fee.30. Register for nutrition groups
31. Authorisation of programmes or projects
Part V – National food and nutrition programme
32. Coordinating Committee
33. National food and nutrition programme
The Coordinating Committee shall implement the national food and nutrition programme through the Commission in an integrated manner so as to—Part VI – Financial provisions
34. Funds of Commission
35. Financial year
The financial year of the Commission is twelve months ending on 31st December in each year.36. Accounts and audit
37. Annual report
Part VII – General provisions
38. Appeals
39. Guidelines
40. Regulations
The Minister may, by statutory instrument, make regulations for the better carrying out of the provisions of this Act.41. Repeal of Cap. 308
The Food and Nutrition Commission Act, is repealed.42. Savings and transitional provisions
The Schedule applies to the savings and transitional arrangements for the purposes of this Act.History of this document
26 March 2021
Commenced by
Food and Nutrition Act (Commencement) Order, 2021
26 October 2020 this version
23 October 2020
Assented to