Food Act B.E.

2522 (1979)
Translation
BHUMIBOL ADULYADEJ REX
Given on the 8th day of May B. E. 2522
Being the 34th year of the Present Reign

By Royal Command of His Majesty King Bhumibol Adulyadej,

Section 1
This Act shall be called the "Food Act, B.E. 2522 (1979)"
Section 2
This Act shall come into force on and from the day following its publication in the
Government Gazette.
Section 3
The following shall be repeal:
(1) Food Quality Control Act, B.E. 2507
(2) Announcement of the Revolutionary Party No.49, dated 18 January B.E. 2515
All other laws, rules and regulations insofar as they are provided for herein or are contrary
to or conflict with the provisions of this Act are superseded hereby.
Section 4
In this Act:
"Food" means edible items and those, which sustain life:
(1) Substance can be eaten drunk, sucked or gotten into the body either by mouth
or by other means, no matter in what form, but not including medicine,
psychotropic substances, narcotic under the law as the case may be,
(2) Substance intended for use or to be used as ingredients in the production of
food including food additive, coloring matter and flavoring:
"Controlled foods" means foods published in the Government Gazette by the Minister as
the quality or standard control food;
"Food recipe" means list of substance, which is used as ingredients in the production of
food in a specified content;
"Container" means any object used as a receptacle for placing, packaging or any other
method;
"Label" includes any figure, invented design; or text show on the food, food container or
package;
"Produce" means to make, mix, transform and includes repacking;
"Sale" includes to distribute or exchange as well as to have in a possession for the purpose
of sale;
"Import" means to bring into the Kingdom;

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"Export" means to sell out side the Kingdom;
"Factory" means factory under the factory law set up for the production of food;
"Licensee" means person who received license under the Act, in the case of juristic person
receiving the licensee shall include the person that the Juristic entity has appointed to
operate business;
"Authority" means the Secretary General of the Food and Drug Administration; or a person
authorized by him.
"Commission" mean Food Commission;
"Competent officer" means a person appointed by the Minister to carry out the provisions
of this Act;
"Minister" means the Minister in charge of this Act.
Section 5
The Minister of Public Health shall be in charge of the execution of this act and shall be
empowered to appoint competent officers, promulgate Ministerial. Regulations, specifying
the fees not exceeding the maximum fee specified in this act, exempting the payment of
fees or set other activities in order to carry out the provisions of this Act.
Ministerial Regulations and notification after published in the Government Gazette shall
come into effect.
Section 6
In the interests of controlling food, the Minister shall be empowered to publish in the
Government Gazette.
(1) prescribing controlled foods.
(2) prescribing quality or standard of controlled food by reference to the name,
class, kind, or nature of food produced for sale, import for sale or sale including
principle, conditions and methods of production for sale, import for sale or sale;
(3) prescribing quality or standard of food other than controlled food prescribed
under (1) with or without the principle, conditions and methods of production for
sale, import for sale or sale;
(4) prescribing the proportion of ingredients used in the production of food by
reference to the name, class, kind or nature of food produced for sale, imported
for sale or sale, including the use of coloring matter and flavoring;
(5) prescribing the principle, conditions and methods of using preservatives and
methods of preserving, admixture of coloring or other matter in food produced
for sale, imported for sale or sale.
(6) prescribing the quality or standard of container and use of container including
the prohibition to use any packaging material as a container of food;
(7) prescribing the methods of production, tools and utensils used in the production
and preservation of food in order to prevent the food produced for sale,
imported for sale or sale from becoming impure food under this Act;
(8) prescribing food, which is prohibited to be produced, imported or sold;
(9) prescribing the principle conditions and methods of inspection, storage, seizure,
and method of analysis of food including reference documents
(10) prescribing the class and kind of food produced for sale, imported for sale or
sale which required labels, the texts on the labels, conditions and the display of
the labels and also the principle and method of advertising on the labels.

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 Chapter 1
Food Commission

Section 7
There shall be a commission called the "Food Commission" composed of the Permanent
Secretary of the Ministry of Public Health as Chairman, Secretary General of the Food and
Drug Administration, Director General of the Health Department or representative, Director
General of Medical Service Department or representative, Director General of the
communicable Disease control Department, or representative, Director General of the
Medical Science Department or representative, Director General of Science and Service
Department or representative, Director General of Department of Domestic Trade or
representative, Director General of Customs Department or representative, representatives
from the Ministry of Defense, representative from Ministry of Agriculture, and
representative of the Legislative Commission are members and not more than 9 qualified
persons appointed by the Minister as members. Of this group not more than 4 persons
must be representatives of manufacturer, importer or dealer of food.
Section 8
The Commission shall have the power and duty to offer an advice and opinions to the
Minister or the authority, as the case may be, in the following matters;
(1) Promulgation under Section 6.
(2) Consideration appeals under Section 19.
(3) Withdraw the entire product license under Section 39.
(4) To act according to Section 44.
(5) To suspend licenses or withdraw licenses under Section 46.
Section 9
Members appointed by the Minister shall have a term of office of two years and may be
reappointed.
Section 10
Apart from vacating office of the expiration of terms under Section 9, members appointed
by the Minister shall vacate office upon;
(1) death
(2) resignation
(3) being adjudged bankrupt
(4) being adjudged incompetent of quasi-incompetent
(5) being sentenced by or final judgment to imprisonment except for petty offenses
or offenses of negligence.
When a member vacates office befogs the expiration of his term, the Minister may appoint
another person in his stead and shall serve for the remainder of the un-expired term.
In the case of the Minister appointing additional members while other members previously
appointed are still in office, the additional member shall be in office equal to the remainder
of the un-expired term of the previously appointed members.
Section 11
The quorum for the meetings of the Commission shall consist of at least half the total
number of members.
If the Chairman of the Commission is absent from the meeting. Those attending shall elect
one of themselves as Chairman for the meeting.

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Decisions of the Commission shall be by a majority vote. Each member shall have one
vote. In case of tie, the Chairman of the meeting shall have an additional casting vote.
Section 12
The Commission shall have the power to appoint a subcommittee for carrying out duties
that the commission decreed and Section 11 shall apply to the meeting of the sub-
committed mutatis mutandis.
Section 13
In the performance of their duties, the Commission is empowered to issue written orders
summoning any person to testify or submit documents or any material for consideration.

Chapter 2
Applications for licenses and the Granting of Licenses

Section 14
No one may to produce food for sale except receiving license from the authority.
Applications for licenses and the granting of licenses shall be in accordance with the
principle, procedures or conditions prescribed in the Ministerial Regulations.
Section 15
No one may import food for sale except receiving license from the authority.
Applications for licenses and the granting of licenses shall be in accordance with the
principle, procedures or conditions prescribed in the Ministerial Regulations.
Section 16
Section 14 and Section 15 shall not be including the following;
(1) Occasional Production or import of food, which received occasional license from
the authority.
(2) Production or the export of food sample for registration or for consideration
before ordering.
Persons receiving exemption under (1) and (2) must abide by the principle, and conditions
prescribed in the Ministerial Regulation.
Section 17
Licenses issued under Section 14, Section 15 and Section 16 (1) shall accord protection to
the employees and representative of the licensee.
It shall be deemed that actions of the employees or representative of the licensee that is
accorded protection are the actions of the licensee except when the licensee can prove that
the actions were beyond his Knowing or control.
Section 18
Licenses issued under Section 14 and Section 1 5 shall be valid until the 31st December of
the third year from the date of issue. If the licensee wishes to extend the license, must
submit an application before the license has expired. Upon submitting the application, the
licensee can continue the business until the authority does not grant the license extension;
The application for extension of license and the granting of license shall be in accordance
with the principle and conditions prescribed in the Ministerial Regulations.
Section 19
In the event that license is not granted or does not grant extension of the license or does
not, grant permission to modify of production premises, import premises or storage

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premises. The person applying for license, extension of license or permission to modify
premises has the right to appeal to the Minister in writing within 30 days from the date of
acknowledgement of the refusal to issue a license, extension of license or to modify
premises.
The decision of the Minister shall be final.
In the event that the license is not granted extension of license, prior to the Ministers
decision, the Minister is empowered to allow continuing the business upon request from
the person who submitted the appeal.

Chapter 3
Duties of the licensee concerning food

Section 20
The licensee under Section 1 4 or Section 15 is prohibited to produce, import or keep the
food outside the place specified in the license.
Section 21
The licensee is prohibited to modify the production premised, import premises or storage
premises except by the permission from the authority.
Application for permit or the granting of permit shall be in accordance with the principle
and conditions prescribed in the Ministerial Regulations.
Section 22
If the license or product license is lost or destroyed, the licensee shall notify the authority
and apply for a replacement of license or replacement of product license within fifteen days
from the date which the loss or destruction is known.
The application for license or product license and the replacement of license and the
replacement of product license shall be in accordance with the principle and conditions
prescribed in the Ministerial Regulation.
Section 23
The licensee must show their license or replacement, as the case may be openly and
conspicuously at the place of production or importation, which specified in the license. The
licensee must have a sign showing "the food production premises" or "the import food
premises" openly and conspicuously outside the premises.
Section 24
For the benefit of export or when it is necessary for the licenses to occasionally produce
controlled food for export, the authority may grant occasional licenses for licensee to
produce controlled food according to the standard of foreign countries or international
standards, regardless of whether the standard are lower or higher than the standard that
specified by the Minister in Section 6. The Commission shall be notified.

Chapter 4
Control of Food

Section 25
No one may produce, import for sale or distribute the following foods:
(1) impure food

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 (2) adulterated food;
(3) substandard food;
(4) other food which specified by the Minister.
Section 26
Food of the following description shall be deemed impure;
(1) Food which contains anything likely to be dangerous to health
(2) Food in which a substance or chemical substance has been mixed which could
deteriorate the quality unless such admixture is necessary to the process of
production, the production and has been authorized by the competent officer
(3) Food unhygienically produced, packed or stored.
(4) Food produced from animals having disease, which might be communicated to
man.
(5) Food in containers made of materials, which are likely to be dangerous to health.
Section 27
Food of the following description shall be deemed adulterated:
(1) Food for which other substances are partly substituted or in which valuable
substances are wholly or partly removed and which is sold as or under the name
of the genuine food.
(2) Substances or food produced as substitutes for any food and distributed as being
genuine food.
(3) Food that is mixed or prepared in any way to conceal defects or inferior quality
of the food.
(4) Foods labeled in order to deceive or try to 'deceive the purchasers in matters of
quality, quantity, usefulness or special nature or place or country or production
(5) Food not up to the quality or standard prescribed by the Minister under Section
6 (2) or Section 6 (3) and the quality or standard of that food deviate from the
upper or lower specified limit more than thirty percent or its deviation may
harmful to the consumer.
Section 28
Substandard food is a food not up to the quality or standard prescribed by the Minister
under Section 6 (2) or Section 6 (3) but its deviation is not as high as in Section 27 (5).
Section 29
Food of the following description shall be deemed food under Section 25 (4)
(1) not safe for consumption;
(2) unreliable indication;
(3) value or usefulness is not appropriate to the consumer.
Section 30
For the benefit of ensuring that food be hygienic and to protect consumer from health
hazard, the Secretary of the Food and Drugs Administration shall be empowered to give
written order to:
(1) The licensee to alter or repair production premises or storage premises.
(2) Suspension of production or import food, which is unlawfully produced or
imported, or food that the results of analysis show that it is not fit for
consumption.

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 (3) Publicize the results of analysis to the public in the case that it is impure food
under Section 26 or adulterated food under Section 27 or substandard food
under Section 28 or food which could be harmful to the health of the public or
that container is made of materials which are likely to be dangerous when it
uses as a food container. The publish shall be included in the following:
(a) If the producer is known the name of the producer and the class or
description of the food or containers and if the food or containers have
trade names or lot number, as the case may be.
(b) In the event that the producer is not known but the distributor is known,
the name of the distributor including class or description of the food or
container.

Chapter 5
Product registration and Advertisement of food

Section 31
The licensee under Section 14 or Section 15, who wishes to produce or import controlled
food, must get a product license from the authority.
Applications for certificate and the granting of certificate of food recipe shall be in
accordance with the principle and conditions prescribed in Ministerial Regulation
Section 32
Upon promulgation under Section 6 (1) the licensee under Section 14 produced controlled
food prior to the promulgation date must suspend production of food until receive product
license under Section 31 unless the authority gives temporary permit to continue
production for an appropriate period of time as may be deemed appropriate.
Section 33
Upon promulgation under Section 6 (1) the licensee under Section 15 imported controlled
food into the Kingdom prior to the promulgation date must apply for product license under
Section 31 within 6o days from the promulgation date unless the authority has extended
the time.
Section 34
The licensee produce or import controlled food must produce or import according to the
approved recipes.
Section 35
The application for product license under Section 31 must include the following details.
(1) name of food;
(2) name and quantity of the ingredients in the food;
(3) size of packing;
(4) label;
(5) name of producer and place of production;
(6) result of analysis of the food by government laboratory or institutions specified
by the Commission.
(7) other materials in connection with the food recipes.
Section 36
Alteration of approved food recipe must get permission from the authority. The granting of
permit of alteration food recipes shall be in accordance with the principle and conditions
prescribed in the Ministerial Regulations.

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Section 37
Product license shall be valid forever unless it is revoked under Section 39.
Section 38
When it is necessary, for the benefit of controlling food, to make a food to be safe for
consumption or to protect the consumer from health hazard, the authority shall be
empowered to order the alternation of approved food recipes as appropriate or as
necessary in order to make the food safe for consumption.
Section 39
Any approved food recipe if found later that the details of the food do not conform to the
details in the approved food recipe or is adulterated under Section 27 or is unsafe for
consumption and the details of the food recipe cannot be altered under Section 38 The
Minister is empowered to revoke the product license and the order shall be published in the
Government Gazette.
The order of the Minister shall be final.
Section 40
False or deceptive advertising of the quality, usefulness or indication of a food is
prohibited.
Section 41
Anyone wishing to advertise the qualities, usefulness or indication of a food by radio,
television, film, newspapers or other printed matter or by other means for business
purposes must submit the sound, pictures or films or text of the advertisement to the
authority for consideration, and can be advertised after receiving permission.
Section 42
To protect the interests and safety of the consumer, the authority is empowered to give
written orders to
1. the producer, importer or distributor of food or food advertising person stop
advertising which considered to be violated Section 41.
2. the producer, importer or distributor of food or food advertising person stop
producing, importing, distributing or advertising a food which the Commission
deems as not having the usefulness, quality or indication as advertised.

Chapter 6
Competent Officer

Section 43
In the performance of their duties, competent officer shall have the following powers:
(1) to enter a place of production, storage area, place of sale or office of the
producer, storekeeper, distributor, including the importer office for inspection in
connection with enforcement of this act during normal working hours;
(2) where it is suspected that there is a violation of this act, to enter a place or
vehicle to inspect the food and seize or attach the food or utensils connected
with the violation including the containers and packages of food and documents
connected with the food:
(3) to take reasonable quantity of food for inspection and analysis;
(4) to seize or attach food or containers suspected of capable of hazardous to the
health for analysis;

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 (5) to seize or attach impure food, adulterated food or substandard food or
containers capable of hazardous to the health or having the nature of which not
in accordance with the quality or standard set by the Minister under Section 6
(6)
In the performance of the duties in paragraph one the license or other person involved
must give appropriated facility.
Section 44
Food or containers seized, attached or collected by competent officer under Section 43,
after checking by the competent officer and proved to be impure under Section 26,
adulterated under Section 27 or substandard under Section 28 or food that specified by the
Minister under Section 29 or to be container which can be hazardous to the health of the
consumer or having characteristics not according to the quality or standard set by the
Minister under Section 6 (6), provided no legal proceedings in the court, the competent
officer with the approval of the commission may order to destroy or treat in any way as
may be deemed appropriate.
Section 45
When performing their duties, competent officers must show their identity cards when
requested by licensee or person concerned.
The identity card of the competent officer shall be according to which prescribed in
Ministerial Regulation.

Chapter 7
Suspension on or revoke of license

Section 46
When it appears that a licensee violates this Act. Ministerial Regulations or notifications
issued hereunder, or the results of the tests on food produced by any licensee is found to
be impure under Section 26, adulterated under Section 27 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 license not more than 120
days each time or in the event that legal proceedings have been in the court that the
licensee has committed an offense under this Act, the license can be suspended until final
judgment has been reached.
In the case that there is final judgment, any licensee who has committed a crime under
Section 26 or Section 27. The authority with the approval of the Commission is empowered
to revoke the license.
Order for suspension of the license or revoke of the license shall be made in writing to
inform the licensee. In case the licensee may not be found, or the licensee refused to
accept the order, it shall be posted in a conspicuous place at the place of production,
import, sale or office of the licensee and it shall be deemed that the licensee has been
notified the order from the date of posting.
Person, which the license has been suspended or revoked, has the right to appeal to the
Minister within thirty days from the date of acknowledgement of the: order. The Minister is
empowered to lift the appeal or alter the order of the authority beneficial to the person
who appealed.
The decision of the Minister shall be final.
The appeal to the Minister under paragraph four, however, shall not stay the execution of
the order for suspension or revoke of the license.

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It shall be regarded that production, importation for sale of the controlled food, during
suspension or revoke of license is violated Section 14 paragraph one or Section 15
paragraph one, as the case may be.

Chapter 8
Punishment

Section 47
Whoever violates notifications issued under Section 6 (4), Section 6 (5) or Section 6 (9)
shall be liable to a fine of not more than twenty thousand Baht.
Section 48
Whoever violates notifications issued under Section 6 (6) shall be liable to imprisonment of
not more than 2 years or a fine of not more than twenty thousand Baht or both.
Section 49
Whoever violates notifications issued under Section 6 (7) shall be liable to a fine of not
more than ten thousand Baht.
Section 50
Whoever violates notifications issued under Section 6 (8) shall be liable to imprisonment
from six month to 2 years or a fine from five thousand to twenty thousand Baht.
Section 51
Whoever violates notifications issued under Section 6 (10) shall be liable to a fine of not
more than thirty thousand Baht.
Section 52
Whoever does not follow the orders of the Commission under Section 13 or whoever
obstructs or not give facility to a competent officer acting under Section 43 shall be liable
to imprisonment of not more than one month or a fine of not more than one thousand Baht
or both.
Section 53
Whoever violates Section 14 paragraph one or Section 15 paragraph one shall be liable to
imprisonment of not more than 3 years and a fine of not more than thirty thousand Baht
or both.
Section 54
Whoever produces or imports food or occasions without license under Section 16 (1) or
does not follow the Ministerial Regulations prescribed under Section 16 paragraph 2 shall
be liable to a fine of not more than five thousand Baht
Section 55
Any licensee 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 licensee who violates Section 22 paragraph one or Section 23 shall be liable to a fine
of not more than one thousand Baht.
Section 57
Any licensee sell controlled food processed or export in the Kingdom, violating Section 24,
shall be liable to imprisonment of not more than three years and a fine of not more than
thirty thousand Baht.

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Section 58
Whoever violates Section 25 (1) shall be liable to imprisonment of not more than 2 years
and a fine of not more than twenty thousand Baht.
Section 59
Whoever violates Section 25 (2) shall able to imprisonment from six months to ten years
and a fine from five thousand Baht to one hundred thousand Baht
Section 60
Whoever violates Section 25 (3) shall be liable to a fine of not more than fifty thousand
Baht.
Section 61
Whoever violates Section 25 (4) shall be liable to imprisonment of not more than five years
and a fine of not more than fifty thousand Baht or both.
Section 62
Any licensee who does not follow the orders of the authority under Section 30 (1) shall be
liable to a fine of not more than ten thousand Baht.
Section 63
Whoever does not follow the orders of the authority under Section 30 (2) shall be liable to
a fine of not more than fifty thousand Baht and a daily fine of five hundred Baht for the
whole period the order was not follow the order.
Section 64
Any licensee violating Section 31 paragraph one shall be liable to imprisonment of not
more than two years or a fine of not more than twenty thousand Baht or both.
Section 65
Whoever sells unregistered controlled food under Section 31 shall be liable to a fine from
one thousand to ten thousand Baht.
Section 66
Whoever violates Section 34 shall be liable to imprisonment of not more than one year and
a fine of not more than ten thousand Baht or both.
Section 67
Any licensee violates Section 36 shall be liable to imprisonment of not more than one year
or a fine of not more than ten thousand Baht or both.
Section 68
Any licensee does not follow the order of the authority under Section 3s shall be liable to a
daily fine of 500 Baht for the whole period the order was not follow the order.
Section 69
Whoever produces, imports for sale or distributes food which the Minister has revoked the
product license under Section 39 shall be liable to imprisonment of not more than 3 years
or a fine of not more than thirty thousand Baht or both.
Section 70
Whoever advertises food violating Section 40 shall be liable to imprisonment of not more
than 3 years and a fine of not more than thirty thousand Baht or both.
Section 71
Whoever violates Section 41 shall be liable to a fine a not more than five thousand Baht.

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Section 72
Whoever does not follow the order of the authority issued under Section 42 shall be liable
to imprisonment of not more than 2 years or a fine of not more than twenty thousand Baht
or both and additional a daily fine of not less than five hundred Baht but not more than
one thousand Baht for the whole period the order was not followed.
Section 73
If the offenses under Section 49, Section 50, Section 58, Section 59 Section 60, Section 61
or Section 69 was committed by directly retail selling to the consumer, the offender shall
be liable to imprisonment of not more than 6 months or a fine of not more than five
thousand Baht or both but if the offender committed the offense again within 6 months
after the first offense, the offender shall be liable to imprisonment of not more than one
year or a fine of not more than ten thousand Baht or both.
Section 74
Any licensee produces or imports food after the license has expired without submitting an
application for extension of license shall be liable to a daily fine of not less than 5oo Baht
but not more than one thousand Baht for the whole period the license is expired.
Section 75
Any offense under this act with a penalty of a fine only the Secretary General of the Food
and Drug Administration or any person who the Secretary General designated can set the
fine.

Transitory Provisions

Section 76
License under the law concerning the quality control of food prior to this act comes into
force shall be in valid until it is expired. If the licensee wishes to continue the business and
has submitted application under this Act, the licensee can continue the business under the
existing license until receiving a new license or until receive no of the refusal to grant a
license. In the event that license is granted, the licensee shall take all necessary actions to
comply with this Act within 180 days from the date of receiving the license.
Section 77
Product license and label authorized under the law concerning the quality control of food
prior to this Act shall be in valid for 3 years after this Act comes into force.
Section 78
The producer or importer of food prior this act comes into force must applies for license
under Section 1 a or Section 1 5 within go days after this Act comes into force, upon
submitting the application can continue the business until receiving license or received
notification from the authority refusing to grant license.

Countersigned by
S.HOTRAKIJ
Deputy Prime Minister

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 Schedule of Fees

(1) Factory license each 10,000 Baht

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