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 cepecl ty 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 I nto 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this Act l,l.re superseded hereby.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
ned lc.lne, psychotropic substances, narcotic onder the law as the case
I)l:ey be •
 -.f -

(2) Substance Intended for use or to be used as ingredients In

the production of food Including food IIddlt!Ve t col our 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 l tyor atandard control food.
~rood recrpe" .Jil~el)$ list of$ubst~tlce which is used as lngred!ent~

1n the product, I on of food I n 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 lnessj
f1 c ~

, ty"
"Author-l 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.
 - J -

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

the execution of ~hl$ set and shall be eIllpowe red 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 1no I ud lng pr Inc.lple ,conti 1tl ens 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' \II i 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 i on of food by reference to the nene , class I kInd or na tu re o'f food
produced for sale, Imported for se le 0.1' sale, lnclud lnc the use of eel our-
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;
 - 4 -

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 Iabe ls ,
condlt.lons -and the dl sp lny of tile labels and also the-pr:inciple and methol
of advertisIng on the,- Iube l s,

,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, of
SCIence and
.
servIce Department or representatIve,
Directo~General

Director General ~f

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

DepertroeriLor representatIve, representatlves from th~Minlstry of Defen~~"
 - 5 -

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

Leglslatlve Commission -are members and not more than 9 qual ifled persons
eppo l ntedby: 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 une~p j red te rrn ,
1
 - 15 -

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' • ' • • • - - • .- •

theprev 1ous 1y appo l.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.
 - 7 -

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

licence from the uuthor 1ty:
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 1 t cense.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.
 - s -

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 pernf ss 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.ti ons .

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.
 - 9 -

'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 p lace 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' ope nl y
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 .eccord lnq 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
 - 10 -

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 I ty usefulness or spec Ie1 nature or
I

place of country of production.

(5) Food not up to the quellty or standard presc~ibed by the
t
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.
 - 11 -
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 useful ness 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 It ..
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 hea 1tb of the pubII c or thflt conta j ner is Illude of roo. te r 1111 s 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-
or Jpt lon of the food or container.
 - 12 -

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, 1 i 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) 'Iube I;
(5) name of producer and place of production:
 - 13 -s-

(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 Icenceehe l 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 l ty 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~

conaenptl on end the details of the food recipe ~&nnot 00 81 tered 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.
 15 -

(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 I zed 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.
 l~ -

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'
1 teepee
.
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.l l final Judgement hes been
reached.
In the case that there is final judgement any licencee who I 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 11 cence
~

shall be mode In wri ting to inform the licence. In case the l lcencee Tilay
not be found I or t)le 1 j 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.
 17 -

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 1 icence 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.l ons 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 11ab le 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 arag raph 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
no t more then fi ve thous und 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) ahe l 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 I ati 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 f1 ve thousand baht.

 - zrJ -t-

SF.crWU 72. Whoo:Jet' (ive!; not follow tlJaorder of the aut.!kority

I·

rssuetl under sec ti on 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.i on
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,

1 icence 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 I t 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 1 Icence 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 l ng to 9ran t 1Icence ,

Counter-signature:
S•HOTRAKIJ

Deputy Pr-Ine Hi n 1s ter ,

 - ?2 -

Schedule of" Fees

(1) f8CtO~Y licence each ~D,OOO baht
( 2) Import 1 Icence each 15.000 baht
(3) Occasional Factory licence each 2,ooti baht
(4) Occasional Import lIcence each 2;000 boht
(5) Product. licence each 5 tOOO baht
(6) Replacement of licence each 500 baht
(7) Replacement of Product licence each 500 baht
(8) Extension of the licence shull be
equa 1 to the fee of eacb Ii cence