The Food and Nutrition Act, 2020

Food and Nutrition [No. 3 of 2020 55
THE FOOD AND NUTRITION ACT, 2020
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
1. Short title and commencement
2. Interpretation
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
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
16. Allowances of member
17. Disclosure of interest
18. Prohibition of publication or disclosure of information to unauthorised persons
19. Immunity of member, committee and staff
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
25.

22. Prohibition of operation without certificate of registration
23. Application for registration of a nutrition group
24. Validity of certificate
25.

Renewal of certificate of registration
Singles copies of this Act may be obtained from the Government Printer,
P. O. Box 30136, 10101 Lusaka. Price K44.00 each

56 No. 3 of 2020] Food and Nutrition
26. Operation of nutrition groups
27. Change in details
28. Suspension or cancellation of certificate of registration
29. Re-registration
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
PART VI
FINANCIAL PROVISIONS
34. Funds of Commission
35. Financial year
36. Accounts and Audit
37. Annual report
PART VII
GENERAL PROVISIONS
38. Appeals
39. Guidelines
40. Regulations
41. Repeal of Cap. 308
42. Savings and transitional provisions
SCHEDULE

report
PART VII
GENERAL PROVISIONS
38. Appeals
39. Guidelines
40. Regulations
41. Repeal of Cap. 308
42. Savings and transitional provisions
SCHEDULE

Enactment
Food and Nutrition [No. 3 of 2020 57
A BILL
ENTITLED
An 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 October, 2020
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. 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. 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;
Short title
and
commencement
Interpretation
GOVERNMENT OF ZAMBIA
ACT
No.

s
Act;
“Board” means the Board of the Commission constituted
under section 6;
Short title
and
commencement
Interpretation
GOVERNMENT OF ZAMBIA
ACT
No.

3 of 2020
Date of Assent: 23rd October, 2020

3 of 2020
Date of Assent: 23rd October, 2020

58 No.

58 No.

3 of 2020] Food and Nutrition
“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;
(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;
“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;
Cap.

a public or private organisation,
establishment, foundation or society involved in the promotion
of public, educational or charitable programmes;
Cap.

1
Act No. 7 of
2019
Act No. 24
of 2009
Act No. 4 of
2013

1
Act No. 7 of
2019
Act No. 24
of 2009
Act No. 4 of
2013

Food and Nutrition [No.

Food and Nutrition [No.

3 of 2020 59
“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;
Act No.

n appointed as Secretary to the
Commission under section 10;
“Vice-Chairperson” means the person elected as Vice-
Chairperson under section 6;
Act No.

6 of
2019
Cap. 308

6 of
2019
Cap. 308

60 No. 3 of 2020] Food and Nutrition
“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. (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. (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.

ated 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. (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;
Continuation
of
Commission
Seal of
Commission
Functions of
Commission
Act No. 24
of 2009
Act No. 13
of 2011

d and nutrition programme in
the Republic;
Continuation
of
Commission
Seal of
Commission
Functions of
Commission
Act No. 24
of 2009
Act No. 13
of 2011

Food and Nutrition [No.

Food and Nutrition [No.

3 of 2020 61
(c) coordinate, 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 micronutrient deficiencies of public health
significance;
(o) register nutrition groups; and
(p) approve food and nutrition programmes or projects to be
undertaken by an institution.

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

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

62 No. 3 of 2020] Food and Nutrition
(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;
(c) a representative from a research or academic institution
dealing with food and nutrition;
(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
subsection (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.

hall 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;
(c) is an undischarged bankrupt;
(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.

years preceding the date of nomination
or appointment;
(f) has been found guilty of professional misconduct; or
(g) is an employee of the Commission.

Food and Nutrition [No. 3 of 2020 63
7. 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;
(c) monitor and evaluate the performance of the Commission
against budgets and plans; and
(d) establish and approve guidelines and standards for the
purposes of this Act. 8. (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. (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.

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. (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. (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.

he Board shall determine the conditions of service, other
than the emoluments, of the Executive Director, Secretary and
other staff of the Commission.

Functions of
Board
Delegation
of
functions of
Board
Executive
Director
Secretary and
other staff
Emoluments
and other
conditions of
service of
Executive
Director,
Secretary
and other
staff

ions of
Board
Executive
Director
Secretary and
other staff
Emoluments
and other
conditions of
service of
Executive
Director,
Secretary
and other
staff

64 No. 3 of 2020] Food and Nutrition
12. (1) A member of the Board shall hold office for a period
of three years and may be reappointed 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. (4) A member shall, on the expiry of the period for which that
member is appointed, continue to hold office until a successor is
appointed, but in no case shall the further period exceed three
months. 13. (1) Subject to this Act, the Board may regulate its own
procedure.

ssor is
appointed, but in no case shall the further period exceed three
months. 13. (1) Subject to this Act, the Board may regulate its own
procedure.

(2) The Board shall meet for the transaction of business at
least once in every three months at places and times that the Board
may determine. (3) The Chairperson may call for a meeting of the Board on
giving notice of not less than fourteen days, and if one-third of the
members so request in writing, except that if the urgency of any
particular matter does not permit the giving of the notice, a special
meeting may be called on giving a shorter notice. (4) Seven members of the Board shall constitute a quorum at
any meeting of the Board. (5) There shall preside at any meeting of the Board—
Tenure of
office of
member and
vacancy
Proceedings
of
Board

a quorum at
any meeting of the Board. (5) There shall preside at any meeting of the Board—
Tenure of
office of
member and
vacancy
Proceedings
of
Board

Food and Nutrition [No. 3 of 2020 65
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
and
(c) in the absence of the Chairperson and the Vice-
Chairperson, any other member that the members
present may elect for the purpose of that meeting. (6) A decision of the Board on any question shall be by a
majority of the members present and voting at the meeting and in
the event of an equality of votes, the person presiding at the meeting
shall have a casting vote, in addition to that person’s deliberative
vote. (7) The Board may invite any person, whose presence is in its
opinion desirable, to attend and participate in the deliberations of
the meeting of the Board, but that person shall not have any vote. (8) Where a member is for any reason unable to attend a
meeting of the Board, the member may, in writing, nominate another
person from the same organisation to attend the meeting in that
members stead and that person shall be deemed to be a member
for the purpose of that meeting.

from the same organisation to attend the meeting in that
members stead and that person shall be deemed to be a member
for the purpose of that meeting.

(9) The validity of any proceedings, acts or decisions of the
Board shall not be affected by any vacancy in the membership of
the Board or by any defect in the appointment of any member or
by reason that any person not entitled to do so, took part in the
proceedings. 14. (1) The Board may constitute committees of the Board
and delegate to the committee any of its functions that it considers
necessary. (2) The Board may appoint as a member of a committee
constituted under subsection (1), a person who is, or is not a member
of the Board, except that at least one member of a committee shall
be a member of the Board. (3) A person serving as a member of a committee shall hold
office for a period that the Board may determine. (4) Subject to any specific or general direction of the Board, a
committee may regulate its own procedure. 15. 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. Filling of
casual
vacancy
Committees
of
Board

e of the member who vacates office but that member
shall only hold office for the remainder of the term. Filling of
casual
vacancy
Committees
of
Board

66 No. 3 of 2020] Food and Nutrition
16. 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. (1) A person who is present at a meeting of the Board or
any committee of the Board at which any matter is the subject of
consideration, and in which matter that person or that persons
relative or associate is directly or indirectly interested in a private
capacity, that person shall, as soon as is practicable after the
commencement of the meeting, declare that interest and shall not,
unless the Board or the committee otherwise directs, take part in
any consideration or discussion of, or vote on, any question relating
to that matter. (2) A disclosure of interest made under subsection (1) shall be
recorded in the minutes of the meeting at which it is made. (3) For the purposes of this section “relative” and “associate”
have the meaning assigned to the words in the Anti-Corruption
Act. 18.

ich it is made. (3) For the purposes of this section “relative” and “associate”
have the meaning assigned to the words in the Anti-Corruption
Act. 18.

(1) A person shall not, without the consent in writing given
by, or on behalf of the Commission, publish or disclose to any person
in the course of that person’s duties, the contents of any document
or communication of information whatsoever, which relates to, or
which has come to that person’s knowledge in the course of that
person’s duties under this Act. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. 19. 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. (1) The Commission may appoint, on the terms and
conditions that the Board may determine a suitably qualified person
to be an authorised officer for the purposes of ensuring compliance
with this Act.

conditions that the Board may determine a suitably qualified person
to be an authorised officer for the purposes of ensuring compliance
with this Act.

(2) The Commission shall provide an authorised officer with an
identification card and a certificate of appointment in the prescribed
form which shall be evidence of the authorised officer’s appointment. Allowances
of
member
Disclosure of
interest
Act No. 3 of
2012
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons
Immunity of
member,
committee
and staff
Authorised
officer

. 3 of
2012
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons
Immunity of
member,
committee
and staff
Authorised
officer

Food and Nutrition [No. 3 of 2020 67
(3) An authorised officer shall, in performing any function
under this Act—
(a) be in possession of the identification card or a certificate
of appointment referred to in subsection (2); and
(b) show an identification card or a certificate of appointment
to a person who requests to see the identification card
or the certificate of appointment. 21. (1) An authorised officer may, in performing any function
under this Act—
(a) at reasonable times enter and search an institution and
examine a document or an article found on the premises
that has a bearing on the inspection;
(b) assess the adequacy of the diets provided in an institution;
and
(c) require information to be given about a document or an
article by—
(i) the owner of the premises;
(ii) the person in control of the premises;
(iii) a person who has control of the document or
article; or
(iv) any other person who may have the information. (2) An authorised officer shall furnish the Commission with a
written report and any other information relating to an inspection,
that the Commission may require.

rised officer shall furnish the Commission with a
written report and any other information relating to an inspection,
that the Commission may require.

(3) A person commits an offence if that person—
(a) delays or obstructs an authorised officer in the
performance of the authorised officer’s functions under
this Act;
(b) refuses to give an authorised officer reasonable assistance
that the authorised officer may require for the purpose
of exercising the authorised officer’s powers;
(c) gives an authorised officer false or misleading information
in answer to an inquiry made by the authorised officer;
or
(d) impersonates or falsely represents oneself to be an
authorised officer. (4) A person convicted of an offence under subsection
(3) is liable to a fine not exceeding two hundred thousand penalty
units or to imprisonment for a term not exceeding two years, or to
both. Powers of
authorised
officer

fine not exceeding two hundred thousand penalty
units or to imprisonment for a term not exceeding two years, or to
both. Powers of
authorised
officer

68 No. 3 of 2020] Food and Nutrition
PART IV
REGISTRATION OF NUTRITION GROUPS
22. (1) A person shall not operate a nutrition group without a
valid certificate of registration issued under this Act. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding fifty
thousand penalty units or to imprisonment for a term not exceeding
six months, or to both. 23. (1) A person who intends to operate a nutrition group
shall apply to the Commission for registration of the nutrition group
in the prescribed manner and form, on payment of a prescribed
fee. (2) The Commission shall, within thirty days of receipt of an
application under subsection (1), grant or reject the application. (3) The Commission shall, where it rejects an application under
subsection (2), inform the applicant in writing, giving reasons for
the rejection of the application. (4) The Commission shall, where an application meets the
requirements of this Act, register the applicant as a nutrition group
and issue the applicant with a certificate of registration. 24. A certificate of registration is valid for a period of five
years unless cancelled. 25.

nd issue the applicant with a certificate of registration. 24. A certificate of registration is valid for a period of five
years unless cancelled. 25.

(1) A nutrition group may, at least three months before
the expiry of its certificate of registration, apply to the Commission
for the renewal of the certificate. (2) The nutrition group may, where an application is made
under subsection (1), issue a certificate of registration to take effect
from the date of expiry of the applicant’s previous certificate. (3) The nutrition group may, on the issue of the new certificate
of registration under this section, vary terms and conditions attached
to the certificate of registration. 26. (1) A nutrition group shall operate in accordance with the
guidelines issued under this Act for the purposes of a nutrition group. (2) A nutrition group shall not, without the approval of the
Commission, receive or request for any donations or grants from
any source within or outside the Republic. 27. 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.

on group shall notify the Commission of any change
of that nutrition group’s particulars relating to the registration within
seven days of the change.

Prohibition
of operation
without
certificate of
registration
Application
for
registration
of a nutrition
group
Validity of
certificate
Renewal of
certificate of
registration
Operation of
nutrition
groups
Change in
details

n
for
registration
of a nutrition
group
Validity of
certificate
Renewal of
certificate of
registration
Operation of
nutrition
groups
Change in
details

Food and Nutrition [No. 3 of 2020 69
28. (1) Subject to the other provisions of this Act, the
Commission may suspend or cancel a certificate of registration of
a nutrition group where—
(a) the nutrition group obtained the registration on the basis
of fraud , negligence or mispresentation;
(b) the nutrition group fails to comply with any term or condition
of registration or guidelines issued under this Act; or
(c) circumstances have arisen that disqualify the nutrition
group from registration. (2) The Commission shall, before suspending or cancelling the
certificate of registration in accordance with subsection (1), give
written notice to the nutrition group of the Commission’s intention
to suspend or cancel the certificate in the prescribed manner and
form and require the nutrition group to show cause, within a period
of not more than thirty days, why the certificate of registration
should not be suspended or cancelled. (3) The Commission shall not suspend or revoke a licence under
this section if the nutrition group takes remedial measures to the
satisfaction of the Commission within the period under subsection (2).

icence under
this section if the nutrition group takes remedial measures to the
satisfaction of the Commission within the period under subsection (2).

(4) The Commission may, if the nutrition group which is notifed
in accordance with subsection (2) and (3) fails to show cause to
the satisfaction of the Commission, or does not take any remedial
measures to the satisfaction of the Commission, within the time
specified in those subsections, suspend or revoke the licence, and
issue the nutrition group with an order to that effect. (5) The Commission, shall where the Commission cancels the
registration of a nutrition group, remove the name of the nutrition
group from the Register. (6) A nutrition group whose certificate of registration is
cancelled shall surrender to the Commission any moveable property
or equipment acquired by the nutrition group from the Commission
for the purposes of this Act. 29. 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 re-
registration on payment of a prescribed fee. 30. (1) The Commission shall keep and maintain a register
of nutrition groups.

y determine, apply for re-
registration on payment of a prescribed fee. 30. (1) The Commission shall keep and maintain a register
of nutrition groups.

(2) The Register shall be kept and maintained at the office of
the Executive Director at the offices of the Commission and shall
be open for inspection by members of the public during normal
office hours on payment of a prescribed fee. Suspension
or
cancellation
of certificate
of
registration
Re-
registration
Register for
nutrition
groups

office hours on payment of a prescribed fee. Suspension
or
cancellation
of certificate
of
registration
Re-
registration
Register for
nutrition
groups

70 No. 3 of 2020] Food and Nutrition
(3) The Executive Director may, on an application by a person,
issue to that person a certified extract from the Register of a copy
of a certificate of registration on payment of a prescribed fee. 31. (1) A person who intends to implement a food and nutrition
programme or project shall apply to the Commission for
authorisation. (2) The Commission may, within thirty days of receipt of an
application under subsection (1), grant or refuse the authorisation. (3) The Commission shall, where it rejects an application under
subsection (2), inform the applicant in writing, giving reasons for
the rejection of the application. PART V
NATIONAL FOOD AND NUTRITION PROGRAMME
32. (1) There is established a Coordinating Committee which
is responsible for the coordination of the multi-sectoral response to
food and nutrition programmes in the Republic under the direction
of the Vice-President.

nsible for the coordination of the multi-sectoral response to
food and nutrition programmes in the Republic under the direction
of the Vice-President.

(2) The Coordinating Committee consists of the following part-
time members:
(a) the Secretary to the Cabinet, as Chairperson;
(b) the Permanent Secretary of the Office of the Vice-
President responsible for policy analysis and
coordination, as Vice-Chairperson;
(c) the Permanent Secretary of the ministries responsible
for—
(i) health;
(ii) agriculture;
(iii) community development;
(iv) fisheries and livestock;
(v) finance:
(vi) information and broadcasting;
(vii) local government;
(viii) chiefs and traditional affairs;
(ix) gender;
(x) national planning;
(xi) youth and sport;
Authorisation
of
programmes
or projects
Coordinating
Committee

iefs and traditional affairs;
(ix) gender;
(x) national planning;
(xi) youth and sport;
Authorisation
of
programmes
or projects
Coordinating
Committee

Food and Nutrition [No. 3 of 2020 71
(xii) environment and natural resources; and
(xiii) water and sanitation;
(d) one person with knowledge and experience in food and
nutrition; and
(e) the Chairperson and the Executive Director, as ex-
officio members. (3) The members under subsection (2) (c) shall be appointed
by the Minister for a term of three years and may be reappointed
for one further term. (4) The Coordinating Committee may, with approval of the
Vice-President, for the purpose of this Act, co-opt any other person
from a Government department, private sector or non-governmental
organisation as a member. (5) The Coordinating Committee may regulate its own
procedure. (6) The Coordinating Committee shall, in the performance of
its function—
(a) consult and cooperate with any State institution in the
implementation of this Act; and
(b) recognise the role of other agencies in implementing
matters relating to food and nutrition. (7) The Coordinating Committee shall not exercise its functions
in a manner inconsistent with the functions of the Commission or
any other Agency performing a function under a written law.

ot exercise its functions
in a manner inconsistent with the functions of the Commission or
any other Agency performing a function under a written law.

(8) The Minister may, by statutory instrument, make regulations
to provide for the composition, functions and reporting mechanism
for provincial, district, ward and zonal nutrition coordinating
committees. 33. The Coordinating Committee shall implement the national
food and nutrition programme through the Commission in an
integrated manner so as to—
(a) ensure improved food and nutrition security by maintaining
minimum dietary needs of persons or communities;
(b) promote a person’s right to food and nutrition;
(c) promote and strengthen coordinated planning and
programming across various sectors and geographical
convergence of multi-sectoral interventions;
(d) prioritise food and nutrition security in national and sector
plans, budgets and policies; and
National food
and nutrition
programme

nterventions;
(d) prioritise food and nutrition security in national and sector
plans, budgets and policies; and
National food
and nutrition
programme

72 No. 3 of 2020] Food and Nutrition
(e) implement regional and international treaties, agreements,
protocols and declarations relating to food and nutrition
to which the Republic is a State party. PART VI
FINANCIAL PROVISIONS
34. (1) The funds of the Commission consist of moneys—
(a) appropriated to the Commission by Parliament for the
purposes of the Commission;
(b) paid to the Commission by way of grants or donations;
and
(c) otherwise vest in, or accrue to, the Commission. (2) The Commission may, subject to the approval of the
Minister–
(a) accept moneys by way of grants or donations from any
source within or outside the Republic; or
(b) raise by way of loans or otherwise, moneys that it may
require for the performance of its functions under the
Act.

hin or outside the Republic; or
(b) raise by way of loans or otherwise, moneys that it may
require for the performance of its functions under the
Act.

(3) There shall be paid from the funds of the Commission—
(a) the salaries, allowances, loans, gratuities and pensions of
members of staff of the Commission;
(b) reasonable travelling and other allowances for the
members of the Board and of any committee of the
Board when engaged on the business of the Commission,
at rates that the Emoluments Commission, may on
recommendation of the Minister, determine; and
(c) any other expenses incurred by the Commission in the
performance of its functions under this Act. (4) The Commission may, with the approval of the Minister,
invest in a manner that it considers appropriate funds of the
Commission that it does not immediately require for the performance
of its functions under this Act. 35. The financial year of the Commission is twelve months
ending on 31st December in each year. 36. (1) The Commission shall cause to be kept proper books
of account and other records relating to its accounts. (2) The accounts of the Commission shall be audited annually
by the Auditor-General or an auditor appointed by the Auditor-
General. Funds of
Commission
Financial year
Accounts and
Audit

hall be audited annually
by the Auditor-General or an auditor appointed by the Auditor-
General. Funds of
Commission
Financial year
Accounts and
Audit

Food and Nutrition [No. 3 of 2020 73
5
10
(3) The Auditor-General’s fees shall be paid by the
Commission. 37. (1) The Commission shall, as soon as practicable, but not
later than ninety days after the end of the financial year, submit to
the Minister a report concerning its activities during that financial
year. (2) The report referred to in subsection (1) shall include
information on the financial affairs of the Commission and there
shall be appended to that report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income; and
(c) other information that the Minister may require. (3) The Minister shall, not later than seven days after the first
sitting of the National Assembly next after receipt of the report
referred to in subsection (1), lay the report before the National
Assembly. PART VII
GENERAL PROVISIONS
38. (1) A person who is aggrieved with a decision of the
Commission may, within thirty days of receipt of the decision, appeal
to the Minister. (2) Any person who is aggrieved with a decision of the Minister
may appeal to the High Court. 39.

of receipt of the decision, appeal
to the Minister. (2) Any person who is aggrieved with a decision of the Minister
may appeal to the High Court. 39.

(1) The Commission may issue guidelines that are
necessary for the better carrying out of the provisions of the Act. (2) Without prejudice to the generality of subsection (1),
guidelines issued under that subsection shall relate to—
(a) food and nutrition needs for all age groups and vulnerable
groups;
(b) promotion of the provision of adequate diets in an
institution; and
(c) food and nutrition emergency preparedness and response. (3) The guidelines issued by the Commission under this Act
shall —
(a) be published in a daily newspaper of general circulation in
the Republic; and
(b) bind all persons regulated under this Act. 40. The Minister may, by statutory instrument, make regulations
for the better carrying out of the provisions of this Act. Annual
report
Appeals
Guidelines
Regulations

74 No. 3 of 2020] Food and Nutrition
41. The Food and Nutrition Commission Act, is repealed.
42. The Schedule applies to the savings and transitional
arrangements for the purposes of this Act.
Repeal of
Cap.308
Savings and
transitional
provisions

The Schedule applies to the savings and transitional
arrangements for the purposes of this Act.
Repeal of
Cap.308
Savings and
transitional
provisions

Food and Nutrition [No. 3 of 2020 75
SCHEDULE
(Section 42)
SAVINGS AND TRANSITIONAL PROVISIONS
1. In this Schedule “former Commission” means the National
Food and Nutrition Commission established under the repealed Act. 2. (1) A person who, before the commencement of this Act,
was an officer or employee of the former Commission, shall continue
to be an officer or employee of the Commission, as if appointed or
employed under this Act. (2) The service of the persons referred to in subparagraph (1)
shall be treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of any
person employed or appointed by the former Commission before
the commencement of this Act. 3. (1) On or after the commencement of this Act, there shall
be transferred to, vest in and subsist against the Commission by
virtue of this Act and further assurance, all assets, rights and
obligations which immediately before that date were the assets,
rights, liabilities and obligations of the former Commission.

, all assets, rights and
obligations which immediately before that date were the assets,
rights, liabilities and obligations of the former Commission.

(2) Subject to subparagraph (1), every deed, bond and
agreement, other than an agreement for personnel service, to which
the former Commission was a party immediately before the
commencement of this Act, whether or not of a nature that rights,
liabilities and obligations could be assigned, shall, unless its subject
matter or terms makes it impossible that it should have effect as
modified, as provided under this paragraph, have effect as if—
(a) the Commission had been party to it;
(b) for any reference to the former Commission there was
substituted, with respect to anything required to be done
on or after the commencement of this Act, a reference
to the Commission; or
(c) for any reference to any officer of the former Commission,
not being a party to it and beneficially interested, there
were substituted, with respect to anything required to
be done on or after the commencement of this Act, a
reference to that officer of the Commission that it shall
designate.

spect to anything required to
be done on or after the commencement of this Act, a
reference to that officer of the Commission that it shall
designate.

(3) Where under this Act, any assets, rights, liabilities and
obligations of the former Commission are deemed to be transferred
to the Commission in respect of which transfer a written law
provided for registration, the Commission shall make an application,
Interpretation
Staff of
Commission
Transfer of
assets and
liabilities

written law
provided for registration, the Commission shall make an application,
Interpretation
Staff of
Commission
Transfer of
assets and
liabilities

in writing, to the appropriate registration authority for registration
of the transfer. (4) The registration authority referred under subparagraph (3),
shall make entries in the appropriate register that shall give effect
to the transfer and, where applicable, issue to the transferee
concerned a certificate of title in respect of the property or make
necessary amendments to the register and shall endorse the deeds
relating to the title, right or obligation concerned and no registration
fees or other duties shall be payable in respect of the transaction. 4. (1) Any legal proceedings or application of the former
Commission pending immediately before the commencement of
this Act by or against former Commission may be continued by or
against the Commission. (2) After the commencement of this Act, proceedings in
respect of any right, liability or obligation which was vested in,
held, enjoyed, incurred or suffered by the former Commission, may
be instituted by or against the Commission. 5.

ty or obligation which was vested in,
held, enjoyed, incurred or suffered by the former Commission, may
be instituted by or against the Commission. 5.

A certificate or authorisation granted in accordance with
the repealed Act shall continue to be valid for a period of one year
from the commencement of this Act or until its expiry, cancellation
or surrender in accordance with its terms, whichever is the earlier,
but subject to any rights or benefits accruing, or any liabilities
suffered, under the repealed Act. Legal
proceedings
Certificate or
authorisation
76 No. 3 of 2020] Food and Nutrition