21 NCAC 17 .0402. INDIVIDUALS PROVIDING NUTRITION INFORMATION

(a)  The following terms and phrases shall have the meanings specified:

(1)           "Nutrition information" means nonfraudulent nutrition information related to food, food materials, or dietary supplements which is designed for one or more healthy population groups and is based on valid scientific evidence, reports and studies.  Nutrition information is not based on an individual nutrition assessment as referenced in G.S. 90-352 or medical nutrition therapy as referenced in 21 NCAC 17 .0101(11) and is not individualized to provide nutrition care services to prevent, manage, treat, cure or rehabilitate a medical condition, illness, or injury for a specific person or group as referenced in G.S. 90-352 and 21 NCAC 17 .0101(12).

(2)           "Reported or historical use" means information about food, food materials or dietary supplements which is based on the following:

(A)          historical or methodological studies or research conducted by experts in the field using sound scientific methods with randomized controlled clinical trials; or

(B)          reports on valid scientific studies published in peer-reviewed medical or dietetics and nutrition journals or publications.

(b)  The Board shall deem an individual who provides nutrition information or education to be in compliance with G.S. 90-368(9) when:

(1)           The person does not hold himself/herself out to be a dietitian or nutritionist or imply orally or in writing or indicate in any way that he/she is a dietitian/nutritionist;

(2)           The person does not provide nutrition care services or nutrition care activities which have not been delegated to him/her by a licensed dietitian/nutritionist;

(3)           The person provides nutrition information on or about food, food materials or dietary supplements, and does not provide nutrition information on the nutritional needs of the consumer;

(4)           The person provides nutrition information in connection with the marketing and distribution of the food, food materials, dietary supplements or other goods to be provided or sold, and does not provide nutrition information in connection with the marketing and distribution of nutrition services;

(5)           The person provides nonfraudulent nutrition information which is based on scientific reports and studies, is not false or misleading, and is safe; and

(6)           The person provides the nutrition information on food, food materials, nutraceuticals, dietary supplements or other goods in accordance with federal, state and local laws, regulations and ordinances, including but not limited to G.S. 90, Article 25.

 

History Note:        Authority G.S. 90-356(2); 90-368;

Eff. March 1, 1996;

Amended Eff. July 18, 2002.