Nutritionists and Dieticians Act

The Act may be cited as the Nutritionists and Dieticians Act.

Defines or lists 'any food, nutrient or food supplements and any labelling or advertising materials in respect thereof; and'.

People may not practise using titles like "Nutritionist", "Dietician", "Nutrition technologist", "Technologist" or "Nutrition or Dietetics technicians" unless they hold a relevant degree, diploma or certificate from a recognized university or college and are registered and licensed under this Act; registered and licensed persons may engage in private practice only if they hold a diploma or degree and have completed a one-year internship or have at least three years' experience in nutrition and dietetics.

The Institute must appoint officers and other staff necessary to properly carry out its functions, on terms the Council may determine.

Members of the Council and Institute officers, employees or agents are not personally liable for actions done bona fide in executing the Institute's functions, powers or duties.

Establishes the Kenya Nutritionists and Dieticians Institute, gives it corporate powers, provides that it is governed by a Council, makes registered persons automatic members subject to disciplinary procedures, and requires members to pay fees determined by the Council.

Establishes the Council of the Institute and sets out its membership, terms of office, appointment and notification procedures, committee limits, and procedure regulation.

The Institute must determine and set a framework for the professional practice of nutritionists and dieticians.

Subject to the Act, the Institute may delegate the exercise of any of its powers to committees, members, officers, employees, agents or technical working groups.

The Institute must pay remuneration, fees and other allowances to members of the Council as determined by the Council in consultation with the Salaries and Remuneration Commission.

Establishes a Chief Executive Officer for the Institute; the Council must competitively recruit the CEO; the Public Service Commission determines the CEO's terms; the CEO holds office for four years renewable once and manages day-to-day affairs subject to the Council's direction.

The Council must appoint a Corporation Secretary (part‑time or full‑time); the Secretary is the Council's secretary but not a member, must perform duties per State Corporation guidelines, coordinate with the Chief Executive Officer's office, and must meet Chapter Six integrity requirements.

Establishes the Kenya Nutrition and Dieticians Accreditation Committee and lists how its members are to be selected and appointed.

The Accreditation Committee must provide proper training for persons to be registered and licensed.

Section 14 deleted by ActNo. 5 of 2019, Sch.

Section 15 has been deleted.

Persons who have attained the age of 18 years are entitled to be registered.

Eligible persons must apply in the prescribed form to the Chief Executive Officer and the application must be accompanied by the prescribed fee.

The Institute must issue every person registered under this Act a certificate in the prescribed form.

Section 19 sets out grounds and procedures for removal of names from the register and assigns specific duties to the Chief Executive Officer and certain powers to the Council.

Section 20. Restoration of name Section that the removal of such person's name from the register be confirmed; or

A person aggrieved by a Council decision may appeal to the High Court within thirty days of notification; the Council may appear as respondent and be heard in any such application.

Persons must not engage in private practice unless they hold a valid licence; the Institute may issue licences to applicants and must grant licences on payment of the prescribed fee and state whether the licensee may practise on own account or employment.

Employers of nutritionists or dieticians must notify the Institute, in the prescribed form, of the start and end of such employment.

After twelve months from commencement, no person may practice nutrition and dietetics unless duly issued a registration certificate and a practicing license by the Institute; licences are valid for one year and may be renewed for further periods not exceeding one year; failure to renew for one year leads to removal from the register.

Creates the Disciplinary Committee of the Institute, sets its membership, quorum, payment of allowances, secretary role, and procedural responsibilities.

Describes disciplinary procedures: persons under inquiry must be given an opportunity to be heard; the committee has powers to administer oaths and compel witnesses and documents; removed or suspended persons must surrender registration certificates or licenses and failure is an offence; aggrieved persons may appeal to the High Court within 14 days.

The Institute's funds are "such moneys as may accrue to or vest in the Institute in the course of the exercise of its powers or performance of its functions under this Act or under any other written law."

Establishes a General Fund for the Institute; the Fund vests in the Institute and is administered by the Council through the Chief Executive Officer; lists sources of monies for the Fund.

Section 28 states: Section invest any of its surplus funds in Government securities.

The Institute's financial year is the twelve-month period ending on 30 June each year.

The section lists items for the Institute’s annual estimates, requires the Institute to approve the annual estimates before the financial year begins, requires proper books and records, and requires annual accounts to be prepared, audited and reported as specified.

Section 31 has been deleted.

Persons not eligible for registration or licence must not use protected titles, hold themselves out as registered/licensed, or practise for gain as a nutritionist or dietician; doing so is an offence punishable by a fine up to one hundred thousand shillings or imprisonment up to two years or both.

A person eligible for registration or licensing who is not registered or licensed but practices as a nutritionist or dietician commits an offence and faces a fine up to one hundred thousand shillings or imprisonment up to two years or both.

Persons conducting training courses or examinations without authority commit an offence.

Unauthorised access to examination material and knowingly revealing its contents to an unauthorized party (whether a candidate or not).

Employing an unregistered nutritionist or dietician, or marketing food and nutrition supplements without Council analysis/certification/registration, is an offence punishable by fines or imprisonment.

Any person who willfully falsifies registers or records, or uses false or fraudulent representations to be registered or licensed, commits an offence and faces a fine up to one hundred thousand shillings or imprisonment up to two years or both.

Allows regulations about the form and method of keeping the registers and records under this Act.

Section 39 has been deleted.