P.R. Laws tit. 1, § 252

2019-02-20
§ 252. Creation

The Puerto Rico Food and Nutrition Commission is hereby created, which shall be attached to the Department of Health. The Food and Nutrition Commission shall be the advisory and coordinating body of the public policy on diet and nutrition of the Commonwealth of Puerto Rico.

(a) Members.— The Food and Nutrition Commission shall be composed of the Secretaries of Health, Education, Agriculture, the Family, and Consumer Affairs. The President of the University of Puerto Rico, the President of the Puerto Rico College of Nutritionists and Dieticians, and four (4) private citizens of reputed moral probity and recognized capacity and knowledge in food and nutrition, one of whom shall come from the area of distribution, importing and marketing of foodstuffs, and another shall have knowledge in the field of food technology. They shall be appointed by the Governor of Puerto Rico with the advice and consent of the Senate. The representatives of the government sector may designate one of the highest-ranking public officials of the public agency to represent them permanently on the Food and Nutrition Commission. This must be a person related to the areas of work and responsibility of the Commission and with delegated authority to assume obligations and make decisions on behalf and representation of the public agency in question.

(b) Terms of appointment.— The President of the Puerto Rico College of Nutritionists and Dieticians shall be a member of the Commission for the term of his/her tenure as President of said College.

Private citizens shall be appointed for a term of five years each, and shall hold office until the date of expiration of their respective appointments, or until their successors are appointed and take office. The initial appointments of the members of the Food and Nutrition Commission shall be made for the following terms: one for a term of three (3) years, one for four (4) years, and two (2) for terms of five (5) years.

(c) Vacancies.— Any vacancy that occurs in the Food and Nutrition Commission prior to the expiration of the term of appointment of the member, shall be filled no later than sixty (60) days after its effective date, in the same way that the member who caused said vacancy was appointed, and for the remaining term thereof.

(d) Removal from office.— The Governor may remove any member of the Food and Nutrition Commission from office for negligence in the performance of his/her duties[,] conviction of a felony or misdemeanor that implies moral turpitude, and mental disability decreed by a court. A member may also be removed for unauthorized absences to three (3) consecutive meetings of the Food and Nutrition Commission, duly confirmed and certified to the Governor of Puerto Rico by the President thereof.

(e) Officers.— The Governor shall appoint the President of the Food and Nutrition Commission from among the members of the Commission with academic qualifications in the science of foods and nutrition, and who also has knowledge and experience of the dietary and nutritional status of the population of Puerto Rico. Once the Food and Nutrition Commission is duly constituted, its members shall select a Vice-president from among themselves, who shall exercise the functions and responsibilities of the President in the event of his/her temporary absence. The Commission shall, likewise, designate any other officer they deem pertinent from among the members.

(f) Per diems and reimbursement of expenses.— The members of the Food and Nutrition Commission who are private citizens shall not receive any compensation or remuneration for the performance of their duties. Nevertheless, the members of the Commission shall receive per diems equivalent to the minimum per diems established for the members of the Legislature, except the President of the Commission, who shall receive per diems equivalent to one hundred and thirty-three percent (133%) of the per diems received by the other members of the Commission. The payments for per diems and mileage to which each of the members of the Commission are entitled shall be for up to a maximum of twelve (12) meetings per year.

In those cases that a special duty is assigned to them, they shall be entitled to reimbursement or payment of the official travel expenses they must incur in the performance of their official duties. Every payment or reimbursement shall be made according to the regulations of the Department of the Treasury which govern the payment of official travel expenses of officials and employees of the Executive Branch of the Government of the Commonwealth of Puerto Rico.

Any member of the Food and Nutrition Commission who receives a pension from any retirement system subsidized by the Government of the Commonwealth of Puerto Rico may receive the per diems provided in this section without affecting his/her right to the retirement pension or annuity.

(g) Quorum.— Seven (7) members shall constitute a quorum. The agreements of the Food and Nutrition Commission shall be adopted by absolute majority of the members thereof, at least half of whom must be from the government sector. Regardless of the above, the public hearings and on-site inspections held and performed may be carried out by at least four (4) members.

(h) Rules of internal operations.— The Food and Nutrition Commission shall adopt regulations for its internal operations and shall meet in regular session at least once a month. Likewise, it may hold as many special meetings as needed to perform its functions and responsibilities, upon a call by its Chairperson, or by written request of not less than seven (7) of its members, of which at least three (3) must be from the government sector, and called at least twenty-four (24) hours before it is to be held.

History —Jan. 8, 1999, No. 10, § 4, eff. July 1, 1999.