§ 90-368. Persons and practices not affected. - North Carolina Statutes

§ 90‑368.  Personsand practices not affected.

The requirements of this Article shall not apply to:

(1)        A health care professional duly licensed in accordance withChapter 90 of the General Statutes.

(2)        A student or trainee, working under the direct supervisionof a licensed dietitian/nutritionist while fulfilling an experience requirementor pursuing a course of study to meet requirements for licensure, for a limitedperiod of time as determined by the Board.

(3)        A dietitian/nutritionist serving in the Armed Forces or thePublic Health Service of the United States or employed by the VeteransAdministration when performing duties associated with that service oremployment.

(4)        A person aiding the practice of dietetics/nutrition if theperson works under the direct supervision of a licensed dietitian/nutritionistand performs only support activities that do not require formal academictraining in the basic food, nutrition, chemical, biological, behavioral, andsocial sciences that are used in the practice of dietetics.

(5)        An employee of the State, a local political subdivision, ora local school administrative unit or a person that contracts with the State, alocal political subdivision, or a local school administrative unit whileengaged in the practice of dietetics/nutrition within the scope of thatemployment.

(6)        A retailer who does not hold himself out to be a dietitianor nutritionist when that retailer furnishes nutrition information to customerson food, food materials, dietary supplements and other goods sold at his retailestablishment in connection with the marketing and distribution of those goodsat his retail establishment.

(7)        A person who provides weight control services; provided theprogram has been reviewed by, consultation is available from, and no programchange can be initiated without prior approval of:

a.         A licensed dietitian/nutritionist;

b.         A dietitian/nutritionist licensed in another state that haslicensure requirements that are at least as stringent as under this Article; or

c.         A dietitian registered by the Commission on DieteticRegistration of the American Dietetic Association.

(8)        Employees or independent contractors of a hospital or healthcare facility licensed under Article 5 or Part A of Article 6 of Chapter 131Eor Article 2 of Chapter 122C of the General Statutes.

(9)        A person who does not hold himself out to be a dietitian ornutritionist when that person furnishes nutrition information on food, foodmaterials, or dietary supplements. This Article does not prohibit that personfrom making explanations to customers about foods or food products inconnection with the marketing and distribution of these products.

(10)      An herbalist or other person who does not hold himself out tobe a dietitian or nutritionist when the person furnishes nonfraudulent specificnutritional information and counseling about the reported or historical use ofherbs, vitamins, minerals, amino acids, carbohydrates, sugars, enzymes, foodconcentrates, or other foods.  (1991, c. 668, s. 1; 1995, c. 509, s. 135.2(s).)