Questions to Legislative Council on SB115.  Answers in green:

SB115: http://www.legis.state.wi.us/2009/data/SB-115.pdf
 

1. Does this following section say that a person because they are a retailer can say more to a person who is seeking information than a person who is not a retailer? If so, can they suggest food or supplements based on a customer's individual needs? Can the retailer aid the customer in determining what their food and supplement needs are?

Not necessarily, although the language differs slightly between 448.72 11(a) and (b), the intention of the drafter remains the same in both.  The big difference between the two is the last clause in 11(b) which states: “provided the person is not engaged in the practice of dietetics and nutrition care services.” 

It is most likely not included in (a) because the definition of the “practice of dietetics and nutrition care services” (p.7 line 3 of SB115) specifically exempts the “retail sale of food products or vitamins.”  So, although there is a little less rigidity in 11(a) the overall impact is the same in (a) and (b), according to leg council.  The impression I was given “non-licensed” individuals would only be able to provide general information and not specifically tailored advice based on a personal assessment of the patient.  It appears retailers do have a little more freedom to make suggestions in there place of business, but overall anyone who isn’t a licensed dietitian is not supposed to be making specific assessments of an individual’s nutritional needs or determining a nutritional regimen.

2. Does this next paragraph support the right to practice as unlicensed nutritionists or nutrition consultants? It seems to our group that the definitions of "dietetics and nutrition care services" in this bill cover what we do and the reasoning in the bill language is circular and the exemptions do not provide protection. For example, we apply scientific principles to assess the health needs of our clients and make food-based suggestions based on those findings. We do not claim to practice "dietetics" or to be a dietitians, and have different opinions on nutrition than those views endorsed by the ADA.

That interpretation is fairly accurate, although these exemptions are intended to make this legislation less exclusive, they don’t provide immunity to retailers or other unlicensed nutritionists, unless they are only providing “general information.”  However, there is no definition of “general information” in the bill so there is some ambiguity there as well.