營養及健康飲食促進法

This Act is enacted in order to establish a supportive environment for healthy diets, enhance public knowledge of nutrition and healthy diets, and improve public health.

1The terms used in this Act are defined as follows:

21. Nutrition: refers to a physiological state in which the human body uses the nutrients contained in food to carry out metabolism, regulate physiological functions, and grow and develop.

32. Nutrients: refers to the nutrients in food that can be used as energy for human metabolism, promoting growth and development, and regulating physiological functions. They include carbohydrates, lipids, proteins, vitamins, minerals and other trace elements.

43. Malnutrition: refers to the lack, excess or imbalance of nutrients in the human body caused by unhealthy diet, leading to underweight or overweight, obesity, chronic diseases or other health problems.

54. Healthy diets: refers to diets that are capable of providing individuals with appropriate energy and balanced nutrition, and are prepared based on the principle of fresh, local, and diverse food ingredients.

65. Nutrition and dietary survey: refers to the collection and analysis of people’s dietary changes, nutritional status and other relevant information using various survey methods, as the evidence basis for formulating people’s nutritional requirements and related policies.

76. Dietary reference intakes and nutrition recommendations: refers to the standards for the general people’s diet and nutrient intake recommendation determined by scientific evidence-based methods based on nutrition surveys or related research, national health policies, people’s eating habits, gender, age, weight and other related factors.

1The competent authority referred to in this Act: at the central level, it is the Ministry of Health and Welfare; at the municipal level, it is the municipal government; at the county (city) level, it is the county (city) government.

2Matters stipulated in this Act that relevant to authorities in the respective competent authorities shall be implemented by the respective competent authorities.

1The central competent authority is responsible for the following nutrition and healthy diet promotion matters:

21. Planning, establishment and promotion of policies and programs.

32. Supervision and coordination of implementation by municipal and county (city) competent authorities.

43. Planning of incentive and assistance measures.

54. Planning and promotion of personnel training.

65. International cooperation and exchange.

76. Other matters that shall be implemented by the central competent authority.

1Municipal and county (city) competent authorities are responsible for the following nutrition and healthy diet promotion matters within their jurisdiction:

21. Planning, establishment and execution of implementation projects and plans.

32. Establishment and implementation of awards and mentoring plans.

43. The establishment and implementation of personnel training.

54. Planning and provision of education promotion, referral services and resource network connections.

65. Other matters that shall be implemented by the municipal, county (city) competent authorities.

Municipal and county (city) competent authorities may designate nutrition-related professional units or personnel to assist in work related to nutrition and healthy diet promotion in the community.

1The central competent authority shall convene a nutrition advisory committee, inviting representatives from civil society organizations, experts and scholars, food industry and agricultural industries to provide consultation on policies, surveys, research and other related matters; the number of committee members of any gender shall not be less than one-third of the total.

2The central competent authority shall adopt an appropriate mechanisms for public participation to solicit opinions and include them in discussions at nutrition advisory committee.

The competent authorities and the industry competent authority shall prepare budgets every year to carry out the promotion of programs related to nutrition and healthy diet and health education awareness programs.

The central competent authority shall regularly conduct and publish nutrition surveys, research and build a food nutritional composition database, and may entrust relevant agencies (organizations), schools or nutrition and health-related professional groups to do so.

1The central competent authority shall establish recommended nutritional and dietary reference intakes for the people based on gender, age, pregnancy, and childbirth and announce them after seeking consultant in the nutrition advisory committee.

2The standard in the preceding paragraph shall be reviewed and revised at least once every five years.

3The central competent authority shall formulate dietary guidelines based on the basis of Paragraph 1 and taking into consideration the differences in people's religious beliefs, regions and cultures.

1When establishing social assistance-related plans and administering subsidies, government agencies (institutions) shall take the nutritional issues of the plan and subsidy recipients into consideration to improve underweight, overweight, obesity, chronic diseases or other health conditions caused by malnutrition issues and improving accessibility to acquiring healthy diets.

2Government agencies (institutions) shall encourage legal persons, groups or private organizations that provide in-kindto take the nutritional issues of recipients into consideration when collecting and using in-kind materials or handling other relief programs.

3Government agencies (institutions) may consider the needs of remote, indigenous areas and outlying island areas and establish nutrition improvement plans or food supply subsidy plans.

1When the central competent authority finds that people lack specific nutrients and are at risk of malnutrition based on the results of nutrition surveys and research in Article 9, they may make nutrition fortification recommendations and encourage food businesses to add specific nutrients to food.

2Food businesses that add specific nutrients to food as recommended in the preceding paragraph shall comply with the provisions of the Act Governing Food Safety and Sanitation and its related regulations.

Government agencies (institutions) shall take nutritional considerations into account when assisting food businesses in developing, producing, and preparing meals, and produce foods with local agricultural products as the main raw materials and healthy diets that are conducive to public health.

1The central competent authority and the central industry competent authority shall promote and encourage the inclusion of nutrition and healthy diet education into in-service training or continuing education courses for the following personnel:

21. Medical professionals engaged in relevant work.

32. Public health specialists.

43. Long-term care service personnel.

54. Childcare personnel, early intervention educators, and early intervention assistant educators.

65. Educare service personnel and after-school care service personnel.

76. Professionals with vocational or technical certification in food business.

87. Other personnel announced by the central competent authority.

Healthy diets shall be considered in the activities or meetings organized by government agencies (institutions), non-departmental public bodies, public schools at all levels and preschools, the military, public institutions, and government-endowed foundation, the purchase of gifts or other items, and the production of promotional materials.

1The competent authority may provide incentives to government agencies (institutions), medical institutions, nursing institutions, social welfare institutions, long-term care service institutions, schools, preschools, childcare institutions, the military, legal persons, and groups for constructing an environment for healthy diets.

2Regulations governing the subjects, conditions, methods, application procedures, review and other related matters of the rewards mentioned in the preceding paragraph shall be prescribed by the central competent authority.

Parents, guardians or actual care takers of children and adolescents shall provide meals that meet the nutritional needs of children and adolescents.

The supply and sale of beverages and snacks in preschools and schools below senior high level shall be governed by the principles and scope set forth in the Early Childhood Education and Care Act, the School Health Act, and other relevant laws and regulations.

Government agencies (institutions), non-departmental public bodies, public schools at all levels and preschools, the military, public institutions, and government-funded corporate entities shall encourage their employees to receive nutrition and healthy diet education.

Competent authorities and industry competent authorities at all levels shall encourage government agencies (institutions), medical institutions, nursing institutions, social welfare institutions, long-term care service institutions, schools, preschools, childcare institutions, the military, legal persons, and groups to implement nutrition and healthy diet education for their employees and may allow public participation.

Competent authorities shall encourage medical institutions, nursing institutions, social welfare institutions and long-term care service institutions to provide nutrition and healthy diet education to their service recipients, their families and community residents.

1The central competent authority and the central industry competent authority shall include nutrition and healthy diet education in the coaching programs of the following government agencies (institutions), schools, preschools, private institutions or legal persons:

21. Medical institutions engaged in relevant work.

32. Social welfare institutions and long-term care service institutions.

43. Day care institutions, early intervention institutions, placement and cultivation institutions, correctional institutions and other detention, placement and home care institutions or places established in accordance with the law.

54. Schools at all levels and preschools.

1No one shall use advertising or other methods to spread false nutrition and healthy diet information.

2The use of advertisements or other means of dissemination as mentioned in the preceding paragraph refers to propagating the content of promotion to the general public by utilizing television, radio, films, slides, newspapers, magazines, flyers, posters, signboards, archways, computers, telephones, faxes, electronic videos, electronic voices, the Internet or other methods.

Anyone who violates the provisions of Paragraph 1 of the preceding article by spreading false nutrition or healthy diet information that may affect public health shall be ordered by the municipal or county (city) competent authorities to make corrections within a time limit; those who fail to make corrections within the time limit shall be fined not less than NT$30,000 but not more than NT$300,000. A fine shall be imposed each time the violation occurs until corrections are made.

The enforcement rules of this Act shall be prescribed by the central competent authority.

This Act shall come into effect on the date of promulgation.