UNOFF ICIAL TnANSLA~I.ON•

FOOD ACT B.E. 2522

. .',.' .BHWUBOL ADULYADEJ REX.

Given on the ffth day of May B.t. 2522

Belngthe. 34th year of the Present Reign

By Rayed Coooand of His Majesty l( lng Bhum tbo l MulyQdeJ Et Is

hereby procl a irned that;

Whereas it Js deemed exp~~ient to revise the law on Food Qual ity

Control ~,

His Majesty the King, by and with. the advice and consent of the• ~-'..:. I

ConstItuent Assel:Obly In its cepeclty as Pei'L18flent. Is graciously pleiOlsed

to" tiile.ct an Act as follows:.SECTIONl. This /let shall be called the nFOod Act B.E. 2522.

SECTlOll2 • This Act aha.11 cone Into force onand from the day..

following its pqbl~catlofi in the Government Gazette.

SECTION 3. The following shall be repeal:

(1) food Quality CDnt~ol Act .B.E. 2507

(2) Announce~nt of the Revolutionary Party No.49, dated IS

January n.E. 2515

All otber laws, rules and regulotlons insofar as they are

provided for herein or are contrary to or conflct wIth the provisions of

this Act l,l.re superseded hereby.

SECTION 4. In ·this Act:

"FOOd" means edible Items Bnd those ~hich sustuln life:.(l) SubstoflCe can be eat, drunk, sucked or gotten In to the body

either by Illouth or- hy other means, no matter in \'that rOfill. but not including

nedlc.lne, psychotropic substances, narcotic onder the law as the case

I)l:ey be •

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(2) Substance Intended for use or to be used as ingredients Inthe production of food Including food IIddlt!Ve t colour lng I1lQtter end'

flllVQUr I ng :

"Controlled ro~s':..means roocs published in, the Goverhm.entjia:ze:tte

by the M.lnjster l3,sthe qual ltyor atandard control food.

~rood recrpe" .Jil~el)$ list of$ubst~tlce which is used as lngred!ent~

1n the product, Ion of food In a spec i fi ad contentj.

"Cont.a l ner-" raeens any object used as a receptacle for placing,

pa.ckagll\g or any other- method;

"label" Includes BOy figure, Invented design or text shown on

the food. food conta Iner Or package i.

"Produce~ ~eans to ~8ke, mix, transform and<'lncludes repacklngl

"S1l;1e~ Includes to dIstribute or exchange as: well as to have In

a ~osseslQn ~or the purpose of sale;

"Import" means to bring into the Kingdom;. "

"Expm't" means to sellout side the Kingdom;

"Factory" eeens factory under" the factory law set up for the

produatjoD, of fooo;

"Licensee" means person who reee lved l lcenee i lcense under the

I\ct~ luthe case of'Judstic person rece Iv lnq the licensee, shall include

the person th~t the Juristic entity has .appolnted to operate bus lnessjf1 c ~

"Author-l ty" neene ' the Secretary General of the Food nndDrug,Administration; ora person·nuthorized by him.

"Commission" Ine&n Food COln~lssJon;

•"Competent officeI'" means persons appointed ~y the Klnister to

carry out the pro". Is Ions of thls Act;,

"Minister" means the Hinister in char:ge of thls Act.

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SECTlOM 5. the Minister of Pub) Ic, Health shall be in charge of

the execution of ~hl$ set and shall be eIllpowered to appoint competent

officers. pr()~ulgate t11nlstedal Regulations, specifying the 'fees not

exceeding 'the maximum fee specified in this oct, exempting the payment of

fees or set other act.Iv lt.les .In order to car-ry out the provf s Ions of thl,S

Act.

lilnlsterlal Regulations ant:! notification after published in the

Government Gazette shall come Into effect.

SECTION 6, In the lnterests of controlling food, the Mlnjster

shell be empowored to publish In the Government Gazette.

{I} prescribing controlled foods\

(2) prescribing quallty or stllndor<l ~of controlled food by

reference to the nn.IOO, e l ass , klnd , Of' nature of, rcoc produced for stile,

Iroport for sale or sale 1noI ud lng pr Inc.lple ,conti 1tlens and 1nQthods of

pfOductlon fop sale, t~Rort for sale or sale,

(3) prescribing- ql,l~llty or standElI'd of food other than cent.rolled

food prescribed under- ( I ) wIth 01' \IIi thout: the prl nolple I cond It.l ons and

metnods·of production fo~ sale, Import for sale or sale;

(4) prescribing the p~oportlon' of ingredients used in the

product ion of food by reference to the nene , class I kInd or na tu re o'f food

produced for sale, Imported for sele 0.1' sale, lnclud lnc the use of eelour­

lng'mstter and flavouring;

(5) prescrihing the principle1 conditions and methods of using

preservatives and methods of preserving, adl1lb::ture .of colouring or other

matter in food produced for sale, Jl"i:lported for- sale or- sale

(6) prescr-Ib Inq the qU61 !ty or stenderd of contalner end use of

container lncludlng the prohJbltlon to use any packaging ~6ter!61 as a

container of food;

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l

(7) ~rescrlblng the methods of production, tools andutenstls

used In the productIon 'and preservation of food In order to prevent the

food 'produced for sale, Inpor-ted for sale or sale from becmlng impure food

under thIs Act;

(8) prescr-Ib lnq food, which Is prohibited to be produced, import

or sole;

(9) prescribIng tne principle conditions andmeth.odsofinspec­

t.Ion, storage, seizure. and nethoo of analysis of f'ood inclucilngreference

documents;

(10) prescplblng the class end.klnd of food produced for sale,

hn,ported f'or- sale Or sale which required lab~is,. tile texts on the Iabels ,

condlt.lons -and the dl sp lny of tile labels and also the-pr:inciple and methol

of advertisIng on the,-Iube ls,

,Chapter '1

Food Commission

SECTION 1. There shall be a commission called the "Food Comrols~

slonflcornposed of the PerJDenent Secretary of the Ministry of Public llealth

as Chulrmanrsearet.ary General of the" Food and Drug Mmlnistrution, DIrec­

tor" (Jeneral of the Henlth Depar-traent, or representative, OII'ector General of

Medical service Department or representative, Director General of the COIMIU­

nlcable Disease control Department or representative r Director General. of

the'-'Medlcal Science Deportment orrepnssentatlve, Directo~General of.SCIence and servIce Department or representatIve, Director General ~f

Dep-ortfllent of Domestlc Trade or represent.at lve , DIrector General of Customs

DepertroeriLor representatIve, representatlves from th~Minlstry of Defen~~"

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representat.lve from Ministry of Agrlculture , and repersentat lve of the

Leglslatlve Commission -are members and not more than 9 qual ifled persons

eppolntedby: the HI nlstef' 88 mellLbers. Of this group not more than 4 persons

oust he representatives of manufacturer. importer Dr dealer ~f food.

SECTION 8. The CommIssion shell have the power and duty to offer

an advice and op ln lons to the MInister or the author-I ty, 8S the case may be ,

j n the following matters;

(1) Promulpat Ion under Bect lone

(2) Consideration ~ppeals under Section 19

(3) Wlthd~Bwal of the product 11cenc~ under Section 39

( 4) To act occordtng: to Section 44 ,

{5,) To suspend licences or w!ttldr6w licences under Section 46

SECTION 9. Hersbera appointed by the Minister shall have 8 term

of office of two years find mny be reappointed,

SECTION 10.·' --Apart from vaca.ting of'f'Ice of the exp lr-atton of a~ ,

terns, under- Sect.ion 9 membe~ eppotnted by the Minister shal 1; vacate

office upon i

C1) death

(2) res lqnat.Ion

(3) beIng fldJud~ed bankrupt

(4) being adjudged Incompetent or qu~si-I~competent

(5) being sentenced by or f'Ine l judgement to imprisonment except

for 'petty offenses or offerse~ of l'l.egl Ige~ce,

When o member vacates office before the exp lr-at.Ion of his term,

the Minister may appoint another person In this stead and shall serve fop

the rene 1nde r of the 1 une~p j red te rrn ,

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In the case of the Hlnlster appointing'additional nenbere whlle

other meroge~$ ·p~e~lously appointed are stlll in office, the nddltlonol

membet shall be:ln office equ!ll to the remainder of the unexplred term of• ... ~. C' • ' • • • - - • . - •

theprev1ous1y appol.n!;.e,d,.members: .

SECTION 11. The quorun for the meetings of the GOfllllllss Ion shall

cons lst of at least hal t the total number of members.

If the Chairman of the Commission Is obsent from the rneetlng

those attending shall elect one .of themselves: as Chairman for the meeUng.

Decisions of the Comm,lssion shall be by a majodty vote. Each

rnembe. shell hove one vote. In case of tie, the Ghairm~n of the meetIng

shall have an additIonal casting .vote,

SECTiON 1:2. The Commission shall have the power- to appoint a

sub-committee for carrying out duties that the COIlliili'ssion decr.eed and

Sectlon 11 shell apply to the meeting of,the suh-coamt t.ted mutatis mutandis.

SECT.1QN 13. In' the perf'ormance of their dutles, the Commlsslqn

-Is ~lJlpm,ered to issue wr;lttenl)rders surnroonlng eny person to tesUfyor

submit documents or any materlal for consIderation.

Cpe.pter 2

Appl1cet1ons.~or licences and

the Gra.ntlng of Licences

SECtION 14. No one may to produce food fof' sale except recelvin\J

};i cense from theautho [" j ty .

Applications for lIcences and the granting of licences shall be

in accord once with the princlple 1 procedures or conditions'prescribed in

tlae MInisterial Regulatlon.s.

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SECrIOO 15. Ho one !Uay hupott'foodfol' sale except 'receiving

licence from the uuthor1ty:

Appl icat!ons for 1 Icencss and the granting of l Icences shall be in

uccord~noewlth the, princIple, pr~ceQures Or conditions prescrIbed in the

Ministerlnl Regulations.

SECTION 16. Section 1-4 and 15 shall not includIng the following,

(l) Occasional Production or import of food which received

occ&slonal licence from the autho~ity.

(2) Productiob ~r the export of food sample for registration or

for consideration before orderirtg.

Persons receIving exemption under (1) and (2) must abide by the

principle. end condItions prescribed In the Hin!sterlal Regul~tlon.

SECTION 17. Licences Issued under Sectlon i4, Section 15 end

Section 16 (1) shall accord protection to the employees end representet Ive

of the 1tcense.e .

If shall be deereed that act Ions of the 'elDployees or representative

of the l lcencee thet Is accorded protection I ere the actions of the llcencee

except when the llcencee can prove that the actions were beyond his k~owlng

Or cont.ro l-,

SECTION' 18. Licenses Issued under section 14 end section 15 shall

be Valid until the 31st December oft~e thlrdyear from the date 'of. Issue.

If the lIcencee wishes to extend, the licence, must submit ~n npplication

before the l Ioence 'has exp l red. Upon submitting the epp l Icat ion, the

l lcencee cen continue the business until the authority does not grant the

llcenceextentlon.

The application' for extension of ) (cence nnd the granting of

licence shall be In acccrdance with the principle and conditions prescribed

in the Ministerial Reg,ullltrone.

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SEcnON19. InLhe event that licence is not granted or does not

grant extension of theJ Icence or does not grant permrss lon to Illodlt~f; of

production premises. Ifllport. prenlsee 01" stotagepremlses. The person apply­

Ing for l Icence , extension of flcence or pernfss Ion to modify prelIllses h6S

the rIght to appeal to- the MinIster In wrl tlng within gO dsys from the

da~ of eckno~le~gement of the refusal to lss~e 6 licence, extention of

licence or to modIfy premises.

The decision of the Minister sholl be flnal.

In the event that the l Icence Is notgronted extens Ion of licence.

pr-Ier 'to the Ministers decision, the Hl-nister Is empowered to allow to

continue the buslness upon request from the person-who submitted .the appeal.

Cf:l.apter 3

Duties of' the 1iaencee concerning :f'ood

SECT10H 20. The llcenceeund7r Section 14 or· SectIon 15 Is pro­

hlbt ted to.prcduce , Inport, or keep t~e food outside the place specified in

tl)e.J ~cence.

SECTION 21. The licenceo is prohibited to ~o~lfy the production

prenlsee , Import premises or storage preml ses excpt by the permission from.

the authority.

Application for::peI'JIlit 01' the grantlng of permit .shal I he In

accordance with the pr-Inctp le and conditions prescr-Ibed in the Kinlsterlal

Regul 0.tions .

SECTION 22. Jf the licence or product licence 1s lost ordes-'

troyed,. the licencee shall not.lf'y the eut~ofity end apply for a replacement

of licence or replacement of pr~duct licence within fifteen days fro~ the

date which the loss or destruction is known.

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•'the 'ilppt lcutlon for LIcence ,or product licence find the repl ece-

rnent of! lcence and the repl acenent of product licence shall be in accor­

dance with -the principle and conditions prescr-Ibed.Tn the MlnlsterlaJ

Regulation.

SECTION 23. The 11cencee must show theIr licence or replacement,

as the cese may be openl y and consp lcous ly at the place of product.Ion or

importation whIch spec l f led 1n the LIcence. The li cencee must have a s ign

showing "the f'ood product.lon prell\i~~s' or ~the Irnportfood prernises 1' openly

and conspicousfyoutsldethe ,premlses,

SECTION' 24. For the benef j t, of export or when It is necessary

for theUcencee to occas ione l ly produce controlled food for export. the

authority may grant occas Ionul 1icences for 1 lcencee -to produce controlled

food .eccordlnq to the standard' of foreign countries or Iuternat.Iune l

standards, regardless of whether the standard are lower or higher than the

standard tJl&t spec lf'Ied-by the tHnister In Section O. rite commission she l l

be notified.

Chs,pter 4

Control or Food

SECTION 25. No one may produce, import for sllle or distribute

the following foods:

( 1) impure food i

(2) 'adulterated food;

(3) substandard food;

(4) 'other food wblch specified by the Hlnlster

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SEcnON 2ij. Food of the following deser-Ipt ton shall be deemed

Impure;

(I)" FOQd which contains anything likely to be dangerous to healtb

(z) Food in which e substance or chemIcal substance has been

ntxed whlch could deter-tor-ate the qualIty unless: such ed.m~xtu;e is ncessar-y

to the process otprodcot.Ion, the production and has been author-Ized by the

competent of'f'Jcer-,

(3) Food unhyglentcol1y produ~~. packed or stored.

{4) Food pr-oduced from animals having a d~see$e which might be

co~unlcsted to mon.

(0) food In containers made of nater-Ia Is which. are 11kely to be

dangerous to health.

SECTION 27. Food of the followln"g description 8MJ} be deemed

edu1te rated t

(1) food (or which.· other substances are partly eubst ltutedor In

wh~ch valuable substances ere w901lyor partly removed and WhIch is $oldas

or under the nene of the genuIne food:.

(2) Substances or food produced 6S substitutes for any food and

distributed as b~lng genuine food.

(3) Food which i.smlxed or prepared In any way to conoeel defects

or 1nfer tor- qual! ty ~f the rcou.

(4) Foods IBbelled In order to deceive or try to deceive the

purchesera in rqatters of qlJ~ l lty t quent Ity I usefulness or spec Ie1 nature or

place of country of production.

(5) Food not up to the quellty or standard presc~ibed by thet

Hlnister under Section 6 (2) or (3) and tne quality or standard of tnat

food deViate from the upper-or lower specified limit more than thIrty

percent or Its deviBtlon may h~rmful to the consumer.

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SECnON 28. Substandard fO?d b:; 6 food not I,l.pto the quallty or

stsndo.rd prescr!bedby the M~nlster under section 6(2)ol" (3) but lts

deviation is not as blgh US in Sectlon 27(5).

SECTION 2IL Food of the follo\flng description shull be deemed

food under Sect Ion 25( -4) •

(1) not s~fe for cOn$~ptlon;

(2) unreliable Incllcatlon;

(3) value or usefulness ts not, sppropr-late to the consumer.

SECTION 30. for' the bener t t of ensuring that food: be hyg ierdc

and to protect consumer fr.OJl1 hell I th ·t'rtlzerd. the Secretary of the food and

Drugs Administl'ation shall be empowerad to give written order to.

(1) the 11cencee to aiter or ,repaIr production premises or

9tor~ge premises.

(2) suspension ~f production or Import food which Is unlewfully

produced ori~poI'ted Or" food that the results of analYsI·s ilio~:tthst It is

not fit for cO~$umptlon.

(3) Pual Iclze the results ·~r analys ls to the pubjra'~ln thec6$e

that I t I B Impure food under Section 26 or adul terated food Imder Section..27 or substandard food under Section 25 or foodwhlco·could be hormful to

<

the hea1tb of the pubII c or thflt conta j ner is Illude of roo.ter 1111s wh 1ch ~re

1 lke ly to be de.ogerous when It uses os e food contulner, the publ.!sh shall

be Incl~~~~ the followIng.

(e} Jf the producer Is known the name of the producer and

the class or dlscrlptlon of the foorl or containers end If" the food or' con­

tatners have tr;-ade n8171eS or lot nuaber , the trade name or lot nunber j es. .,

the case lnay be.'

(b) In the event th~t the producer is not'knollln but the

dIstributor Is known, the narn.e of the distributor includlng'class cr.des­

orJpt lon of the food or container.

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Cha.pter 5

r'roduct Registratlon:a.n.d

Ad~ertisement o~food

SECtION 31. The licencee under sect.ion' 14 01" Section 1:>. who

wishes to produce or ll!lport control tad food must get 3. .product, 1i cense from

the 6uthorlty.

A~pl icatloMfoI" certificate end the -grantlpg of ce rt.I fiC6te0f

food reclpeshall be In accordnnce \oIlththe pr-Inc lp l e end conditions, pres­

cr-Ibed In Hlnh:terlal Regu'lation,. .SECTION 32. UponpromuIgatlon undei Sef-ti'on 5( t ) the] Iceneee

..mder Section 14 produced controlled food pr-Ior to tne proruulgationdate

must.' suspend' production of food until, receive product l lcence under Sect!on

31 unless tho authority gives temporary permit to contInue production for

an eppropriate period of tIme. as may be. deemed appropriate.- '. .'

StertoN 33. Upon prom~lgatlon,undel" Section. 6(1} the llcencee

under Section 15 imported controlled food Into the XlngdOru prlor to the

proIllulga.tlondnte must 13pply f'or- product, licence under sectIon 31 wIthin flO

d-ays from. the prom.ulgeibon dateunless the authority hns extended the tlr.le.. .

SE.CTlOU 34. The lIcencee produce or Inport-ccntrolIed foo,g must

pro~uce or Import accorQ{ng to the app~ved reGipes.

SECTIOlf 35. The eppl Icet lon for product 1l cence under 5ection31

must I nctude the follow! ng deta lls ,

(I) name of food;

(2) name and quant l ty of the ingredIents In the food;

(3) size of packing;.(4) 'IubeI;

(5) name of producer and place of production:

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(6) result of analysis of the food by government laboratory or

institutions specified by the Co~mlssjon.

(7) other nater-lals In connection \'lIth the food rec lpes.. .,~ ,", ~

SECrION' 36. blteratlon of approved food N3clpe ~ust getperoJs-

s lon from the a.uthority. The granting of pemlt of al teret.Ion of food

rectpes sbsll be in sccordence with the principle and conLlltlons preeer-Ibed

in the Hinlsterlal Regulations.

SECnOtl 37. Product l Icenceehel l be valId forever unless Jt Is

revoked under secrton 39.

SfCIION 38. When it is necessary, 'for- the benef'f t of control1lng

rood, to mBkeo food to be sofe for consunpt.lon or to protect the consuaer

from heal th hazard, the author lty sho11 be" empowered to order the altern~­

tlon of approved food reel pes as appropr-Iate or as necessary In order to

make the food safe for' consu~~tlon.

SEcnqu 39 .. ··' Imy approved food recIpe If .. _.• found later thet

the detulla of the food do not conrorn to the det.ul1s in the approved food

recipe or ,.:: .. is adulterated undep sectIon 27 or .••.. i$ unsafe fo~

conaenptlon end the details of the food recipe ~&nnot 00 81tered under

Sect Ion 38. The Mlnlster is empowered to revoke the product 1icence end

the orde~ shall be publIshed in the Government Gazette.

The order of the Hjniste} sb~ll he flnel.

SECTION 40. FaJse or deceptive advertising of the qual lty, Uf>e~'

fulness or indication of'a tQod is prohibited." . .

SECTIOH 41. Anyone wishlng to advertise the qualities, usefulness

or,lndlcatlon of 6 fOOd by radIo, television, film, ne~spapers or other

printed metter 01" by other means for business purposes must submit the sound,

pictures or fIlms or text of ~he advertisement to the authorjty for consj­

deratlon, ••••• ann can be advertIsed after rece!vlng permission.

14

SECTION 42. To protect the interests and ~afety ot the consume"

the euthor-I'ty is empowered to give wr It.ten orders to

(1) the produce" importer 0, c lst.r-rbutor- of food or food adver­

tising person ..... stop advertising .. , .. whIch cons Idered to be violated

SectIon 41.

(2) the producer , Importer or distrIbutor of food or- foods edver­

tisIng person stop producing •... importing I .,. distrihutIng or- adv~!'tls­

ing a food Which the COlnmission deems as not, havIng the usefulness, quality

Of' indication as advertised.

Chapter- 6

Competent Officer

SEcnON 43. In the pe.r-f'ormance of their- duties, competent officer

she 11 have the foll optJ fig powers:

(1) to enter e piece of production, storage area, place of sale

or- office of the producer, storekeeper-, d lstr-Ibut.or-, inclUding the Importer

office for inspection in connect Ion With enforcement of th ls act dUrlng

nornal wOI'king hours;

(2) where it ls suspected thfit there ic a violation of this act j

to enter a place or vehicle to tnspect, the food and se lze or attach

the. food or utersile connected with the vIolation Including the contalners

and packages of food and docunent.s connected with the food:

(3) to take reasonable qunntlty of food for inspection and analysis.

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(4) to seize or ettech food or containers suspected of capable

of hazardous to the health ~or analysis;

(5) to seize or attach impure food, adulterated food 0.1' substan­

dard food or containers cBpBble of hazardous to the heafth or havill9 the

nature of which not In accordance with the quality or 'standard set by the

MinIster under- Section 5(6).

In the performance of the duties in paragraph: one the llcencee or

other person Involvedml.Jst give appt:oprlate facillty,

SECTION 44. Food o.r contn i ners se Ized I attached or co llected by

competent" officer under section 43. ofter checkInq by the competent offIcer'-

"

end > proved to be l,mpure under Sectlon 26, 'ndulterated under Sectlon 27 or

substandard under section 28 or food that spec! ried, by the Hlnister under

sectJon 29 •..•• or to be conte Iners which can be hazardous to the heal th

of the' consumer or- haVing charecter-l st.Ics not according to the qualIty or

standard set by ~the Minister under .secttou 6( 6). Provlded no legal proceed­

Ings In the court; the competent officer with the fipproval lof the commjs ­

slon·rony order to destroy or tre~t In any way os may bedee~ed approprJate.

SECTION' 45. When perf'ormlnq the lr duties, competent officers

must show theIr IdenUty card of the competent offjcer shall be according

which prescribed In MinisterIal RegulBtion.

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Cha.pter 7'.

Suspen.sion or revoke or- licence

SECTION 46. When it appears that a l1cencee violates this Act1

,Ministerial llegulat1onsoI' notifications Issued hereunder-it or the results

of the tests on food produced by any licencee 1s found to be impure under

Section 26, adulterated under SecUon27 or substandard under- section 28,

food or containers might be harmful to consumer. The authority with the

approval of the commission Is. empowered to order the suspension of the'.1teepee not more than 120 days each t lne o,r In the event that legal proceed-

ings huve been in the court t~at the llcencee has committed an offense

under this Act, the lIcence can be suspended unt.ll final Judgement hes been

reached.

In the case that there is final judgement I any licencee who h~s

commItted a ,crime gnder Section 26 or SectIon 27. The authorIty wIth the

approval of the CommIssion is empowered to revoke the licence

Order for suspension of the 1j cence or revoke of the 11cence~

shall be mode In wri ting to inform the licence. In case the l lcencee Tilay

not be found I or t)le 1j cencee refused to accept the order I 1t shall be

posted in a conspicuous place at the place of productlon, lrnport~ sale or

offlce of the l Icencee and It shall be deemed that the llcencee has been

not.I fled the ?rder from the dete of post! ng .

Person which- the lIcence has been suspended or revoked has the

right to appeal to the Minister wIthin thirty days from the date of acknow­

ledgement of the order-, The Hl nlster is empowered to li ft th~ appeal Of'

alter the o~der of the authorIty benificlal to the person who appealled.

The declsion of the Minister shall be final.

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The appeal to the Minister' under porogT6ph four-, however, shall

not stay the execution of the order for suspension 01' revoke of the licence.

r~ shall be regarded that productIon, impartation for sule of the

controlled food. during suspension or revoke of 1icence Is 'violoteo Section

j4 paragrapl} one or sect ion 15 paragraph one. us the cose may be.

Chapter 8

Punishment

SECTIOn 47. Whoever vlo~ates -not.i f Icat.lons issued under section

6( 4)( 5) Of' (Q) sha] 1 be Hable to 0. fl ne o'r not nore th'('ln twenty thousand

baht.

SECTION 48. Whoever' violates not.If'Icat lons issued under SectIon

5(6} 'shall be 11able to impplsonment, of not more than ;: years or a f ina of

not more than tW!'lnty thousand baht or both.

SECTION 49. Whoever v lol ates notifications issued under sect.Ion

5(7) shall be liable to u fine of not more than ten thousand baht ,

SE~TION 50. WhoeVer vlol~tes notifications Issued under SectIon

G(8} shall be l Ieb le to lmpr lsonaent; from s lx nonth to 2 years or 0. fine

from five thousand to twenty thousand baht.

SECTION 51, ~hoever vIolates notifications Issued under Section

o(10} shall be liable to e fine of not more than thl.rty thousand baht.

SECTIOU 52. Whoever does not, folloW' the orders of the CommissIon

under Section 13 or Whoever obstructs or not give fecl! ity to a competent

officer acting under Sect Ion 43 shal l be liable to Imprisonment of not more

then one month or a fine of not more than one thousand baht or hoth,

18 -

SEcnou 53. Whoeve J" vIol e.tes SectIon 14 p aragraph One or Sect lon

15 paragraph one shall be liable to imprisonment of not more than 3 years

end a fj ne of not; core than th i r-ty thousand baht 0 f' both.

SECnON 5:4.· Whoever produces or Imports food on cccas.lons wltil

out licence under section W( 1) Or docs not follow the Hi nlater Ie1 Regula­

tions prescribed under Section 16 pOl'ug['upb 2 shall be liable to 0 flne of

not more then five thousund boht ,

SECTION' 55. Any lIcencee who violates SectIon 20 or Section 21

paragraph one shall be lIable to a fIne of not more than five thousand baht.,

SECTION 56. Any licencee who violates S~ct!on 22 paragraph one

Or sect.Ion 23 shal l be l l able to a fine of not more than one thousand baht.

SECTION 57. Any llcenoee sell controlled food pf'oduced for expo~t

In the Kingdom, ViolatIng Sectlon 24, shall be liable to lmprlson~ent of

not more than three years and 8 flne of not more than thIrty thous{lnd bl,lht.

SECTION' 58. Whoever vlolotes sect.Ion 25(1) shall be l Jeble to

imprisonment of not more than 2 years and 8 fIne of not more than twen~y

thousand baht Or both.

SECTION 59. Whoever Violates Section 25(2) shall be liable ~o

ImprIsonment from ~lx months to ten years and a fIne from five thousand baht

to one hundred tho\.lsand baht.

SECTION 60. tilhoever v io lutes S8[;:Uon 25(3) shell be 1l able to a

fine of not more than fifty thousand-baht..

SECTION 61. Whoever violates Sect.ion 25(4) shall be Hable to

lmpr-l sonaerrt of not more then t'Ive years and a f'Ine of not. more than fifty

thousond b6ht or both.

SEcnOlf 62. Any I lcencce who does not follow the orders of the

eutnor ! ty under sect ten 30( I) ahel l be It eble to 0 fine of not more than

ten thousand baht.

!O -

SECTIOU 63. \.ihoevef' does not fol10"~ the or-der- of the author-Ity

under Section 30(2) she l l be Ilnble to B fine of not core tbun fifty thousand

baht and a dully fine of five hundred baht f'or- the ..rhole per-Iod the order

wos not follow the order.

SECTION G4. Any l lcencee via Iati ng Section 31 paragraph one

shall be liable to Imprisonment of not more than two years 01" e nne of not

more Uum tV/enty thousand baht 01' both,

SECTION 65. Whoever sell unreg lstcred controlled food under

SectIon 31 she.l Lbe liable to a nne from one thousand to ten thousand bebt..

SECTION 65. Whoever violates ~ection 34 shall be liable to impri­

sonment of not more than one year and a fine of'not Gore than ten thousand

baht or both.

5ECTlOU 67. Any l Icencee viol ates Section "36 she l l be liable to

Imprisonment of not ~ore than one yeap or a fIne of not more than ten

thousand baht Or both,'"

SECTION' 68. Any licencee does not follow the order of the autho­

r l ty under Section 38 shul l be ..1 ionle to a dally fine of 500 baht for the

whole per-Iod the order was not. f'ol l ow the orde.r ,

SECTION 59.' 't/hoever produces, imports for sale Of' distritutes

food which the Hltlister has revoked the product licence under Section 39

shall be liable to 1mpilsomne!nt of not more than 3 years or a fine of not

rnore than thic.ty tholJsond boht or both.

~EcrION 70. Whoever advertises food violating Section 40 shall

be liable to imprisonment of not, more than 3 year's and a flne of not more

than thirty thousand baht or both.

SECTION 71. Whoever violates Section 41 shall be ] table to 6

fine or not more than f1ve thousand baht.

SF.crWU 72.

- zrJ -t-

Whoo:Jet' (ive!; not follow tlJaorder of the aut.!korityI·

rssuetl under section 12$h~U be 1h:Jhie to ill:lpr i.sonmel1tof not. nore t!,)Bn

2 years or- 8 fi neofnot more than twent.y thous.~nd baht 01' both and add i t.ion

l:'l d~ll)l f"j ne of not jDoe t.h~n f'Ive htnd red baht but, oot riQte then one

thousand built rCI~ the HhoIe per-led U1C order 11::1:::: not foIl Ol\'cid,

SECflO!l 73. If the off~I1M~ r.mdcr Secchin 48, Sect ion 50, Sec::.icn

58, S{;c'l;,iml 5~1, S~!;ti.on 00. St::;L=t.i~ln (H fJl" sect ron r}9 \HHl comnl ttcu,by

dl rect l y ret~il ::;cell Il'lf) to the CCH)~tUl:l:~r, t.ae off(md(~I~ s!)all be llsble to

thQU:,:;>jnd tl1~hL- VI' l)Ql.,p but. If :.he orrender c;:orml~te(,l t:he ofrenze tlgein within

0l1iol~ths aftc~r the first (IffenS~L th(~ orr~~nt.ier s:hall be 1ltioie to ir.tpfU.:(m':'

sscrroa l4,

1icence slwl,l be) [nole W :; d~lly fiTi.e of rot, Iess then '50a Duht but not,

Glore th:m one t.hollSanj haht rOt" U~.e Hh01e Fer-Jod t,he l icence lG expire.d."

$.t::cnotr 75. ,~ny Qrtef\s~: ulLd,e;~ tll:s m~t '/{lth a penal1..yaro r lne

only the: $:.1crcte:'y Genel'!lJ Clr the food er:d Pr~y Admin13trotlOIl or any perso~

- 21

Transitory Pro~jsions

sectIon 76. Licence under the law concerning the qua l ity cont.r-ol

of food prior to this act comes into force shall be l n val ld unt.l 1 It is

expired. If the 1 Icencea wi shes to continue the bus Ineas and has subm l t.Led

application under this Act. the licencee can continue the business under

the existIng licence until recelvlnq a new licence or until receive not.l r i ­

cat.Ion of the refusal to grant 0. 1Icence , In the event t.hat 1Icence is> •

granted 1 the l i cencee she. II t.eke al i necesse ry act Ions to comply wt til th I s::

Act ~~ithln 180 days from the date of receiving the licence..' ~,SECTION 77, Product 1lcence find label author-Ized under the law

concerning the quality control of food prior to this Act shall be l n ve lId

for 3 years after th ls Act. comes Into force.

SECrION 78. The producer or Impocte r of food pr i or th Is act

comes into force must epp l les for l icence under Section l4 or Section 15

t~ithin 90 days after this Act comes into for-eel upon subnl tt.Inq the epp l i-.cation can continue the business until receiving lecence or received noti~

f 1cat Ion from the au tho r Ity re f'ua lng to 9ran t 1Icence ,

Counter-signature:

S•HOTRAKIJ

Deputy Pr-Ine Hi n 1s ter ,

- ?2 -

Schedule of" Fees

(1) f8CtO~Y licence

( 2) Import 1Icence

(3) Occasional Factory licence

(4) Occasional Import lIcence

(5) Product. licence

(6) Replacement of licence

(7) Replacement of Product licence

(8) Extension of the licence shull be

equa 1 to the fee of eacb Ii cence

each ~D,OOO baht

each 15.000 baht

each 2,ooti baht

each 2;000 boht

each 5tOOO baht

each 500 baht

each 500 baht