February 2024
Jane Tsai and Andrew Huang
Research consistently indicates that inadequate diet and improper lifestyle are the primary contributors to noncommunicable diseases (hereinafter “NCDs”). To prevent and control the NCDs, the World Health Organization (WHO) released the “Global Action Plan for the Prevention and Control of Noncommunicable Diseases 2013-2020” (hereinafter “Action Plan”), commencing in 2013 and anticipating attaining the voluntary global targets therein. The Action Plan encompasses specific targets, such as a 25% relative reduction in premature mortality from NCDs, a 30% decrease in the mean population intake of salt/sodium, and a halt in the rise in diabetes and obesity. Additionally, the Action Plan provides a global monitoring framework for all Member States and other stakeholders to formulate (i) dietary reference intakes (including fruits, vegetables, and salt) and (ii) national strategies to reduce the impact of marketing specific ingredient foods (such as saturated fat, trans fat, free sugars, or salt) on children, among twenty-five (25) monitoring indicators.
Currently, Japan, South Korea, the United States, and other developed countries have formulated laws and regulations to monitor the nutritional status of the population, improve the environment of healthy eating, and enhance the nutritional and healthy diet education. For now, Taiwan has established the Dietitians Act, Food Safety and Sanitation Act, and School Health Act, which specifically regulate dietitians and food producers; however, there is a vacuum in the regulation of nutrition and healthy diet-related matters that have yet to be addressed. As the inaugural legislation targeted at improving people’s diet and nutrition in Taiwan, the Nutrition and Healthy Diet Promotion Act (hereinafter “Act”) was enacted and promulgated on December 15, 2023. Designating the Ministry of Health and Welfare of Taiwan (hereinafter “MOHW”) as its competent authority, the Act implements various measures to establish a supportive environment for healthy diet and enhance people’s knowledge of nutrition and healthy eating. It is also important to note that individuals disseminating misinformation about nutrition and healthy diet and failing to ratify it within the period ordered by the competent authority will be subject to consecutive administrative fines for the amount of up to NTD300,000 (approximately USD9,650) per time until the necessary corrections are made. The four (4) aspects and the corresponding penalty outlined in the Act are introduced below:
I. Create a Comprehensive Administrative Support System
The Act assigns distinct authorities and responsibilities to the central and local governments, as well as the competent authority (Articles 3, 4, & 5 of the Act), which includes empowering the local competent authority may designate the nutrition-focused professional units to promote nutrition and healthy eating in the community (Article 6 of the Act). The objectives are to (i) provide individuals with opportunities to choose the best diet or eating plan, (ii) ensure the accuracy and transparency of food information, (iii) systematically promote nutrition and healthy diet education, and (iv) cultivate a positive culture of healthy eating. As the competent authority responsible for establishing a comprehensive administrative support system, the MOHW shall (A) convene a Nutrition Consultation meeting by inviting civil organizations, experts and scholars, food industry representatives, and agricultural producers, and (B) allocate budgets year by year to conduct promotional and health education campaigns related to the Act (Articles 7 & 8 of the Act).
II. Facilitate Nutrition and Healthy Diets
The MOHW is responsible for (i) establishing and maintaining the Food Nutrient Database (Article 9 of the Act), (ii) formulating Dietary Reference Intakes for the People, considering factors such as sex, age, pregnancy, and childbirth, and (iii) making healthy diet recommendations, taking into account people’s religious beliefs, and regional and cultural differences (Article 10 of the Act). The MOHW will encourage food producers to incorporate specific nutrient content into foods in accordance with its proposed nutrition-strengthening recommendations (Article 12 of the Act). Besides, the government agencies shall consider nutrition issues when formulating social assistance programs and providing subsidies (Article 11 of the Act).
III. Establish a Healthy Eating Support Environment
Government agencies shall guide food businesses in producing food using local agricultural ingredients (Article 13 of the Act). The MOHW and other competent authorities shall implement and encourage the incorporation of nutrition and healthy diet education into in-service training or continuing education courses for professionals in the fields of healthcare, public-health, long-term care, childcare, and early childhood care and education (Article 14 of the Act). To foster a supportive environment for healthy eating, entities, such as government agencies, non-departmental public bodies, public schools, kindergartens, and government-owned enterprises, shall consider adopting a healthy diet when organizing events or meetings and making purchases (Article 15 of the Act). The competent authority may incentivize several entities, such as government agencies, health facilities, social welfare organizations, long-term care providers, schools, kindergartens, childcare centers, juristic persons (e.g., companies), and organizations, to establish a healthy eating environment (Article 16 of the Act). The Act also regulates that (i) parents or other individuals responsible for taking care of children and youth shall provide a diet that meets their nutritional needs, and (ii) when selling beverages and snacks in kindergartens and schools below the high school level, the sellers shall follow the relevant laws, regulations, principles, and guidelines for sales (Articles 17 & 18 of the Act).
IV. Promote Nutrition and Healthy Diet Education
The Act underscores the importance of promoting nutrition and healthy diet education within diverse entities, including but not limited to government agencies, non-departmental public bodies, public schools, kindergartens, government-owned enterprises, health facilities, skilled nursing facilities, social welfare organizations, long-term care providers, childcare centers, juristic persons, and organizations (Articles 19, 20, & 21 of the Act). The Act implies that the MOHW shall incorporate nutrition and healthy diet education into the guidance programs of several entities, such as medical facilities, social welfare organizations, long-term care providers, childcare centers, schools, kindergartens, residential placement, and correctional institutions (Article 22 of the Act).
V. Associated Penalty
The Act mandates, in Article 23 thereof, that individuals are prohibited from disseminating misinformation about nutrition and healthy diets through advertisements or any other channels. In the event of a violation of this article, posing a threat to public health, the competent authorities of the county/city shall instruct the individual to rectify the situation within a specified period. If the rectification is not completed within the stipulated period, the competent authority will impose a fine ranging from NTD30,000 to NTD300,000, with subsequent penalties applicable until the correction is made (Article 24 of the Act).
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