Required Report - public distribution

**Date:** 7/23/2004

**GAIN Report Number:** TH4079

TH4079

**Thailand**

**FAIRS Product Specific**

**Country**

**2004**

**Approved by:**

![](media/image1.wmf)Russ Nicely, Acting Agricultural Counselor

U.S. Embassy, Bangkok

**Prepared by:**

Sakchai Preechajarn, Agricultural Specialist

**Report Highlights:**

Updated on July 23, 2004. Section Updated: Food Laws (Section I);
Pesticide and Other Contaminants (Section V); Other Regulations and
Requirements (Section VI); and Appendix A: Major Regulatory Agencies.

Includes PSD Changes: No

Includes Trade Matrix: No

Unscheduled Report

Bangkok \[TH1\]

\[TH\]

[**DISCLAIMER 3**](#disclaimer)

[SUMMARY 3](#summary-1)

[SECTION 1: FOOD LAWS 5](#section-1-food-laws)

[1.1 Food Act of B.E. 2522 (1979) 5](#food-act-of-b.e.-2522-1979)

[1.2 Prohibited Food and Substances 7](#prohibited-food-and-substances)

[1.3 Regulatory Procedures 8](#regulatory-procedures)

[1.3.1 Pre-marketing Control 8](#pre-marketing-control)

[1.3.2 Post-marketing Control 12](#post-marketing-control)

[1.3.3 Control of Food Advertising 12](#control-of-food-advertising)

[SECTION 2: LABELING REQUIREMENTS 13](#section-2-labeling-requirements)

[2.1 Standard Labeling 13](#standard-labeling)

[2.1.1 Labeling of Food Products Directly Sold to Consumers
13](#labeling-of-food-products-directly-sold-to-consumers)

[2.1.2 Labeling of Food Products sold to Food Manufacturers as
Production Ingredients
14](#labeling-of-food-products-sold-to-food-manufacturers-as-production-ingredients)

[2.2 Nutrition Labeling 14](#nutrition-labeling)

[2.3 GMO Labeling 15](#gmo-labeling)

[2.4 Thai Recommended Daily Intakes (Thai RDIs)
16](#thai-recommended-daily-intakes-thai-rdis)

[2.5 CLAIMS 17](#claims)

[2.5.1 Nutritional Claim 17](#nutritional-claim)

[2.5.2 Health Claim 19](#health-claim)

[SECTION 3: PACKAGING AND CONTAINER REQUIREMENTS
19](#section-3-packaging-and-container-requirements)

[SECTION 4: FOOD ADDITIVE REGULATIONS
19](#section-4-food-additive-regulations)

[SECTION 5: PESTICIDE AND OTHER CONTAMINANTS
22](#section-5-pesticide-and-other-contaminants)

[5.1 Food Containing Pesticide Residues
22](#food-containing-pesticide-residues)

[5.2 Food Containing Contaminants 22](#food-containing-contaminants)

[SECTION 6: OTHER REGULATIONS AND REQUIREMENTS
23](#section-6-other-regulations-and-requirements)

[6.1 Laboratory Testing 23](#laboratory-testing)

[6.2 Shelf Longevity and Packaging 23](#shelf-longevity-and-packaging)

[6.3 Product Samples and Mail Order Shipments
23](#product-samples-and-mail-order-shipments)

[6.4 Certification and Documentation Requirement
24](#certification-and-documentation-requirement)

[6.5 Import Control Under theTariff Rate Quota (TRQ)
24](#import-control-under-thetariff-rate-quota-trq)

[6.6 Specific Import Control on Unprocessed Meat and Meat Carcasses
25](#specific-import-control-on-unprocessed-meat-and-meat-carcasses)

[6.7 Specific Import Control of Seafood
26](#specific-import-control-of-seafood)

[6.8 Specific Import Control on Fruits and Vegetables
26](#specific-import-control-on-fruits-and-vegetables)

[SECTION 7: OTHER SPECIFIC STANDARDS
26](#section-7-other-specific-standards)

[7.1 Quality Labeling 26](#quality-labeling)

[7.2 Alcoholic Beverages 26](#alcoholic-beverages)

[7.3 Coffee Drink 26](#coffee-drink)

[7.4 Tea Drink 26](#tea-drink)

[SECTION 9: IMPORT PROCEDURES 27](#section-9-import-procedures)

[9.1 Custom Duties 28](#custom-duties)

[9.2 Customs Clearance of Prepacked Foodstuffs
28](#customs-clearance-of-prepacked-foodstuffs)

[SECTION 10: CONCLUSIONS /RECOMMENDATIONS FOR U.S. EXPORTERS
28](#section-10-conclusions-recommendations-for-u.s.-exporters)

[APPENDIX A: MAJOR REGULATORY AGENCIES
30](#appendix-a-major-regulatory-agencies)

[APPENDIX B: LOCAL CONTACTS 34](#appendix-b-local-contacts)

[APPENDIX C: A FLOW CHART OF FOOD IMPORT LICENSE APPLICATION
38](#appendix-c-a-flow-chart-of-food-import-license-application)

[APPENDIX D: THE APPLICATION FORM FOR PRODUCT IMPORT LICENSE
39](#appendix-d-the-application-form-for-product-import-license)

[APPENDIX F: THE APPLICATION FORM FOR PRODUCT REGISTRATION
41](#appendix-f-the-application-form-for-product-registration)

[APPENDIX G: Documents Required for application Registration and Food
Serial Number
42](#appendix-g-documents-required-for-application-registration-and-food-serial-number)

[APPENDIX H: THE APPLICATION FORM FOR PRODUCT LABELING
43](#appendix-h-the-application-form-for-product-labeling)

[APPENDIX I: Documents Required for Applying for Label Approval and Food
Serial Number
44](#appendix-i-documents-required-for-applying-for-label-approval-and-food-serial-number)

**THAILAND: FOOD AND AGRICULTURAL IMPORT REGULATIONS AND STANDARDS
(FAIRS)**

# DISCLAIMER

This report was prepared by the Office of Agricultural Affairs of the
USDA/Foreign Agricultural Service in Bangkok, Thailand for U.S.
exporters of domestic food and agricultural products. While every
possible care has been taken in the preparation of this report,
information provided may no longer be complete nor as precise as some
import requirements are subject to frequent change. It is highly
recommended that U.S. exporters ensure that all necessary customs
clearance requirements have been verified with local authorities through
your foreign importer before the sale conditions are finalized. FINAL
IMPORT APPROVAL OF ANY PRODUCT IS SUBJECT TO THE RULES AND REGULATIONS
AS INTERPRETED BY THE BORDER OFFICIALS AT THE TIME OF PRODUCT ENTRY.

Please contact this office if you have any comments, corrections or
suggestions. The e-mail address is <agbangkok@usda.gov>.

# SUMMARY {#summary-1}

Thailand's food industry is governed by the **Food Act of B.E. 2522
(1979)** and subsequent laws stipulated by the Ministry of Public
Health. In general, imports of food for sale in the kingdom require an
import license and standard labeling according to domestic regulations.
Product registration is required only for *specifically-controlled
food*. Some agencies of the Ministry of Agriculture and Cooperatives
monitor the import of such certain food products as meat, fruits and
vegetables, through import permits and phytosanitary or sanitary
certificates. In addition, 23 agricultural commodities are subject to
the tariff-rate-quota system administered by the Ministry of Commerce.

An overview of import procedures for foods into Thailand is indicated
below:

+----------------+---------+---------------+-----------+-------------+
| **Product**    | Gov     | Requirements/ | Estimated | Costs/Fees  |
|                | ernment | Conditions    | Length of | in Each     |
|                | Agency  | for Import/   | Time in   | Process     |
|                |         | Sales         | the       |             |
|                |         |               | Process   |             |
+----------------+---------+---------------+-----------+-------------+
| 1\. Processed  |         |               |           |             |
| Food           |         |               |           |             |
+----------------+---------+---------------+-----------+-------------+
| 1.1.           | FDA     | 1\. Import    | 4 weeks   | 15,000 baht |
| Specifica      |         | license       |           | (US\$ 370)  |
| lly-Controlled |         |               |           |             |
+----------------+---------+---------------+-----------+-------------+
|                |         | 2\. Product   | 4-8 weeks | 5,000 baht  |
|                |         | Registration  |           | (US\$ 125)  |
+----------------+---------+---------------+-----------+-------------+
|                |         | 3\. Standard  | 4-7 days  | Free        |
|                |         | labeling      |           |             |
+----------------+---------+---------------+-----------+-------------+
|                |         | 4\. Other     |           |             |
|                |         | labeling may  |           |             |
+----------------+---------+---------------+-----------+-------------+
|                |         | Be required:  |           |             |
+----------------+---------+---------------+-----------+-------------+
|                |         | \- Nutrition  | 1-2 weeks | 12,000 baht |
|                |         | labeling      |           | (US\$ 300)  |
+----------------+---------+---------------+-----------+-------------+
|                |         | \- GMO        | Importer  |             |
|                |         | labeling      | does a    |             |
|                |         |               | label/FDA |             |
|                |         |               | monitors  |             |
+----------------+---------+---------------+-----------+-------------+
| 1.2.           | FDA     | 1\. Import    | 4 weeks   | 2,000 baht  |
| Standardized   |         | license       |           | (US\$ 50)   |
+----------------+---------+---------------+-----------+-------------+
|                |         | 2\. Standard  | 4-7 days  | Free        |
|                |         | labeling      |           |             |
+----------------+---------+---------------+-----------+-------------+
|                |         | 3\. Other     |           |             |
|                |         | labeling may  |           |             |
+----------------+---------+---------------+-----------+-------------+
|                |         | Be required:  |           |             |
+----------------+---------+---------------+-----------+-------------+
|                |         | \- Nutrition  | Importer  |             |
|                |         | labeling      | does a    |             |
|                |         |               | label/FDA |             |
|                |         |               | monitors  |             |
+----------------+---------+---------------+-----------+-------------+
|                |         | \- GMO        | Importer  |             |
|                |         | labeling      | does a    |             |
|                |         |               | label/FDA |             |
|                |         |               | monitors  |             |
+----------------+---------+---------------+-----------+-------------+
| 1.3. Food      | FDA     | 1\. Import    | 1-2 weeks | 2,000 baht  |
| required to    |         | license       |           | (US\$ 50)   |
| bear label     |         |               |           |             |
+----------------+---------+---------------+-----------+-------------+
|                |         | 2\. Standard  | 4-7 days  | Free        |
|                |         | labeling      |           |             |
+----------------+---------+---------------+-----------+-------------+
|                |         | 3\. Other     |           |             |
|                |         | labeling may  |           |             |
+----------------+---------+---------------+-----------+-------------+
|                |         | Be required:  |           |             |
+----------------+---------+---------------+-----------+-------------+
|                |         | \- Nutrition  | Importer  |             |
|                |         | labeling      | does a    |             |
|                |         |               | label/FDA |             |
|                |         |               | monitors  |             |
+----------------+---------+---------------+-----------+-------------+
|                |         | \- GMO        | Importer  |             |
|                |         | labeling      | does a    |             |
|                |         |               | label/FDA |             |
|                |         |               | monitors  |             |
+----------------+---------+---------------+-----------+-------------+
| 1.4. General   | FDA     | 1\. Import    | 1-2 weeks | 2,000 baht  |
|                |         | license       |           | (US\$ 50)   |
+----------------+---------+---------------+-----------+-------------+
|                |         | 2\. Other     |           |             |
|                |         | labeling may  |           |             |
+----------------+---------+---------------+-----------+-------------+
|                |         | Be required:  |           |             |
+----------------+---------+---------------+-----------+-------------+
|                |         | \- Nutrition  | Importer  |             |
|                |         | labeling      | does a    |             |
|                |         |               | label/FDA |             |
|                |         |               | monitors  |             |
+----------------+---------+---------------+-----------+-------------+
|                |         | \- GMO        | Importer  |             |
|                |         | labeling      | does a    |             |
|                |         |               | label/FDA |             |
|                |         |               | monitors  |             |
+----------------+---------+---------------+-----------+-------------+
| **2. Meat and  | Dep     | 1\. Import    | 1-2 weeks |             |
| carcasses**    | artment | permit        |           |             |
|                | of      |               |           |             |
| **(Frozen or   |         |               |           |             |
| Chilled)**     | Li      |               |           |             |
|                | vestock |               |           |             |
|                |         |               |           |             |
|                | M       |               |           |             |
|                | inistry |               |           |             |
|                | of      |               |           |             |
|                | Agri    |               |           |             |
|                | culture |               |           |             |
+----------------+---------+---------------+-----------+-------------+
|                |         | 2\. Health    | The       |             |
|                |         | Certificate   | ce        |             |
|                |         |               | rtificate |             |
|                |         |               | must be   |             |
|                |         |               | presented |             |
|                |         |               | at        |             |
|                |         |               | shipment  |             |
|                |         |               | arrival.  |             |
+----------------+---------+---------------+-----------+-------------+
| 3\. Seafood    | FDA     | Import        | 3-15 days | 15,000 baht |
| (Frozen or     |         | license       |           | (US\$ 375)  |
| Chilled)       |         |               |           |             |
+----------------+---------+---------------+-----------+-------------+
| 4\. Fruit and  | Dep     | 1\. Import    | 1-3 weeks | 50 baht     |
| vegetable      | artment | permit        |           | (US\$ 1)    |
|                | of      |               |           |             |
|                |         |               |           |             |
|                | Agri    |               |           |             |
|                | culture |               |           |             |
|                |         |               |           |             |
|                | M       |               |           |             |
|                | inistry |               |           |             |
|                | of      |               |           |             |
|                | Agri    |               |           |             |
|                | culture |               |           |             |
+----------------+---------+---------------+-----------+-------------+
|                |         | 2\.           | The       |             |
|                |         | Phytosanitary | ce        |             |
|                |         |               | rtificate |             |
|                |         | Certificate   | must be   |             |
|                |         |               | presented |             |
|                |         |               | at        |             |
|                |         |               | shipment  |             |
|                |         |               | arrival.  |             |
+----------------+---------+---------------+-----------+-------------+

# SECTION 1: FOOD LAWS

The food laws and regulations governing the Thai food industry are
confined to the scope of the **Food Act of B.E. 2522 (1979)**. The
Ministry of Public Health is designated by law to take executive charge
of the Act. Food control activities are the responsibility of the Food
and Drug Administration (FDA), which is one of the departments of the
Ministry of Public Health.

The Food Control Division, under the FDA, is responsible for the control
of licensing of local manufacturing and importation of food products,
registration of *specifically-controlled food*, and food labeling.
Standard requirements for *specifically-controlled food* and codes of
hygienic practices as guidelines for domestic manufacturers and
importers are elaborated, handled and periodically issued in the
Ministerial Notifications by the food control division.

## 1.1 Food Act of B.E. 2522 (1979)

The **Food Act of B.E. 2522 (1979)** remains in effect. The Act defines
the word "Food" as edible items and those which sustain life, including:

> \(a\) Substances that can be eaten, drunk, dissolved in the mouth or
> induced into the body by mouth, no matter in what form, but not
> including medicine, psychotropic and narcotic substances.
>
> \(b\) Substances intended for use or to be used as ingredients in the
> production of food including food additives, coloring and flavoring
> materials.

**The Act classifies food into four categories as listed in the
following table**.

*1. Specifically-controlled food* - the category for which registration
is required. Legal

provisions are established regarding standard quality, specifications,
packaging and labeling requirements, as well as other aspects of good
manufacturing practice. At present, 17 types of food have been listed in
this category.

*2. Standardized food* - the category for which quality standards will
be defined by

regulations. Food in this category is mainly locally produced food from
small-scale or household industry. The main objective is to facilitate
and encourage food producers on upgrading or at least maintaining
hygienic quality of their products. Standardized food does not require
registration but its quality and labeling have to meet the standard
requirements as specified in the Notification of the Ministry of Public
Health. There are 27 types of food in this category.

*3. Food required to bear standard labels -* the category which needs
less-restricted

control than the first two categories, as food under this category
exposes a low risk of hazard to consumers' health. There are 12 items of
food in this category.

*4. General food* - food either raw, or cooked, preserved or
non-preserved, processed or non-processed, if they are not listed under
category 1, 2, or 3 will be considered as general food. Although
registrations are not required, general food products are controlled and
monitored on hygiene, safety, labeling and advertisement.

**Food Category**

+--------+------------------------+------------------------------------+
| *      | **Type of Food**       | **Remarks**                        |
| *No.** |                        |                                    |
+--------+------------------------+------------------------------------+
| I.     | **S                    | -   **For food imports for sale,   |
|        | pecifically-Controlled |     import license, product        |
|        | Food**                 |     registration and labeling      |
|        |                        |     approval are needed.**         |
+--------+------------------------+------------------------------------+
| 1\.    | Food in Sealed         |                                    |
|        | Containers             |                                    |
+--------+------------------------+------------------------------------+
| 2\.    | Sodium Cyclamate and   |                                    |
|        | Food Containing Sodium |                                    |
|        | Cyclamate              |                                    |
+--------+------------------------+------------------------------------+
| 3\.    | Modified Milk for      |                                    |
|        | Infants                |                                    |
+--------+------------------------+------------------------------------+
| 4\.    | Flavored Milk          |                                    |
+--------+------------------------+------------------------------------+
| 5\.    | Cultured Milk          |                                    |
+--------+------------------------+------------------------------------+
| 6\.    | Milk                   |                                    |
+--------+------------------------+------------------------------------+
| 7\.    | Drinking Water in      |                                    |
|        | Sealed Containers      |                                    |
+--------+------------------------+------------------------------------+
| 8\.    | Ice                    |                                    |
+--------+------------------------+------------------------------------+
| 9\.    | Other Milk Products    |                                    |
+--------+------------------------+------------------------------------+
| 10\.   | Food Additives         |                                    |
+--------+------------------------+------------------------------------+
| 11\.   | Food Enhancers         |                                    |
+--------+------------------------+------------------------------------+
| 12\.   | Food Color             |                                    |
+--------+------------------------+------------------------------------+
| 13\.   | Infant Food            |                                    |
+--------+------------------------+------------------------------------+
| 14\.   | Food for Weight        |                                    |
|        | Control                |                                    |
+--------+------------------------+------------------------------------+
| 15\.   | Supplementary Food for |                                    |
|        | Infant and Children    |                                    |
+--------+------------------------+------------------------------------+
| 16\.   | Food in Sealed         |                                    |
|        | Containers             |                                    |
+--------+------------------------+------------------------------------+
| 17\.   | Ice Cream              |                                    |
+--------+------------------------+------------------------------------+
|        |                        |                                    |
+--------+------------------------+------------------------------------+
| *      | **Standardized Food**  | -   **For food imports for sale,   |
| *II.** |                        |     import license and labeling    |
|        |                        |     approval are needed. As for    |
|        |                        |     table salt, no labeling        |
|        |                        |     approval is needed.**          |
+--------+------------------------+------------------------------------+
| 10     | Coffee                 |                                    |
+--------+------------------------+------------------------------------+
| 20     | Table Salt             |                                    |
+--------+------------------------+------------------------------------+
| 30     | Fortified Rice         |                                    |
+--------+------------------------+------------------------------------+
| 40     | Quicklime Soaked Egg   |                                    |
+--------+------------------------+------------------------------------+
| 50     | Cream                  |                                    |
+--------+------------------------+------------------------------------+
| 60     | Mineral Drinks         |                                    |
+--------+------------------------+------------------------------------+
| 70     | Chocolate              |                                    |
+--------+------------------------+------------------------------------+
| 80     | Tea                    |                                    |
+--------+------------------------+------------------------------------+
| 9\.    | Some Particular Sauces |                                    |
+--------+------------------------+------------------------------------+
| 10\.   | Soybean Milk in Sealed |                                    |
|        | Containers             |                                    |
+--------+------------------------+------------------------------------+
| 11\.   | Vinegar                |                                    |
+--------+------------------------+------------------------------------+
| 12\.   | Peanut Oil             |                                    |
+--------+------------------------+------------------------------------+
| 13\.   | Coconut Oil            |                                    |
+--------+------------------------+------------------------------------+
| 14\.   | Palm Oil               |                                    |
+--------+------------------------+------------------------------------+
| 15\.   | Butter Oil             |                                    |
+--------+------------------------+------------------------------------+
| 16\.   | Edible Oil Derived     |                                    |
|        | from Animal or         |                                    |
|        | Vegetable              |                                    |
+--------+------------------------+------------------------------------+
| 17\.   | Fish Sauce             |                                    |
+--------+------------------------+------------------------------------+
| 18\.   | Mineral Water          |                                    |
+--------+------------------------+------------------------------------+
| *      | **Type of Food**       | **Remark**                         |
| *No.** |                        |                                    |
+--------+------------------------+------------------------------------+
| 19\.   | Butter                 |                                    |
+--------+------------------------+------------------------------------+
| 20\.   | Honey                  |                                    |
+--------+------------------------+------------------------------------+
| 21\.   | Cheese                 |                                    |
+--------+------------------------+------------------------------------+
| 22\.   | Margarine              |                                    |
+--------+------------------------+------------------------------------+
| 23\.   | Ghee                   |                                    |
+--------+------------------------+------------------------------------+
| 24\.   | Products from the      |                                    |
|        | hydrolysis or          |                                    |
|        | fermentation of        |                                    |
|        | soybean protein        |                                    |
+--------+------------------------+------------------------------------+
| 25\.   | Jam, Jelly, and        |                                    |
|        | Marmalade in Sealed    |                                    |
|        | Containers             |                                    |
+--------+------------------------+------------------------------------+
| 26\.   | Royal Jelly and Royal  |                                    |
|        | Jelly Products         |                                    |
+--------+------------------------+------------------------------------+
| 27\.   | Semi-Processed Food    |                                    |
+--------+------------------------+------------------------------------+
|        |                        |                                    |
+--------+------------------------+------------------------------------+
| **     | **Food Required to     | -   **For food imports for sale,   |
| III.** | Bear Standard Labels** |     import license and labeling    |
|        |                        |     approval are required.**       |
+--------+------------------------+------------------------------------+
| 1\.    | Bread                  |                                    |
+--------+------------------------+------------------------------------+
| 2\.    | Sauce in Sealed        |                                    |
|        | Containers             |                                    |
+--------+------------------------+------------------------------------+
| 3\.    | Seasoning Salted Water |                                    |
+--------+------------------------+------------------------------------+
| 4\.    | Husked Rice Flour      |                                    |
+--------+------------------------+------------------------------------+
| 5\.    | Garlic Products        |                                    |
+--------+------------------------+------------------------------------+
| 6\.    | Processed Meat         |                                    |
|        | Products               |                                    |
+--------+------------------------+------------------------------------+
| 7\.    | Flavoring Agents       |                                    |
+--------+------------------------+------------------------------------+
| 8\.    | Processed Agar and     |                                    |
|        | Jelly                  |                                    |
+--------+------------------------+------------------------------------+
| 9\.    | Chewing Gums and       |                                    |
|        | Candies                |                                    |
+--------+------------------------+------------------------------------+
| 10\.   | Processed Food Ready   |                                    |
|        | for Consumption        |                                    |
+--------+------------------------+------------------------------------+
| 11\.   | Food Used for Special  |                                    |
|        | Purpose                |                                    |
+--------+------------------------+------------------------------------+
| 12\.   | Irradiated Food        |                                    |
+--------+------------------------+------------------------------------+
| IV\.   | **General Food**       | -   **For food imports for sale,   |
|        |                        |     import license and labeling    |
|        |                        |     approval are required.**       |
+--------+------------------------+------------------------------------+

> The food products listed above have standard requirements announced by
> the Ministry of Public Health in the Ministerial Notifications. Also,
> there are other Ministerial Notifications concerning control aspects
> of other items associated with food. Among these are Quality Standards
> of Food Containers, Plastic Containers, Feeding Bottles, Labeling
> Requirements and Nutrition Labeling.

## 1.2 Prohibited Food and Substances

\(1\) Substances prohibited to be manufactured, imported or sold:
Dulcin, cyclamic acid and its salts, AF-2 (Furylframide), potassium
bromate, food containing Daminozide (Succinic acid 2, 2-dimethyl
hydrazide). Except for export: sodium cyclamate, stevia.

\(2\) Food prohibited to be manufactured, imported, or sold: corn and
corn products with Cry 9C DNA Sequence.

\(3\) Food prohibited to be imported or sold: (a) food of which declared
\"expiration date\" or \"best before date\" has been passed; (b) beef
and beef products from Great Britain, Portugal, France, Ireland,
Switzerland, Belgium, Germany, Netherlands, Denmark, Italy,
Liechtenstein, Luxembourg, Spain, Czech, Greece, Japan, Slovakia,
Slovenia, Austria, Finland, Israel, Poland, Canada (July 2003), and
U.S.A. (December 26, 2003).

\(4\) Substances prohibited to be used as ingredients in food: see the
negative list of food additives in Section 4.

## 1.3 Regulatory Procedures

While some of the following information does not specifically apply to
U.S. exporters, the following will be levied upon importers of products,
including U.S. products. The principles of the regulatory procedures for
food involve the following aspects.

### 1.3.1 Pre-marketing Control

Activities at this stage are the responsibility of the Food Control
Division.

> **(A) Establishment of food standards and manufacturing requirements**
>
> The established standards as supervised by the subcommittee on food
> standards and local manufacturing requirements are minimum acceptable
> requirements.
>
> **(B) Control of food manufacturing**
>
> Local food manufacturers must apply for a license prior to proceeding
> with their business. Plant layouts must be submitted for approval to
> the Food Control Division. The FDA inspectors will then visit and
> inspect the plant before a manufacturing license can be issued. It is
> the responsibility of the licensee to renew the license every three
> years.
>
> **(C) Control of food importation**
>
> A license is required for importing food for sale in the country. A
> licensee may import various kinds of food provided that they are
> approved by the Office of Food and Drug Administration. FDA inspectors
> will visit and examine the appropriateness of the designated storage
> place or warehouse before a license is issued. A license to import
> must be renewed every three years.
>
> A temporary import license will be needed for occasional import of
> food i.e. for exhibition. An exemption will be granted only for the
> import of food samples for laboratory test and consideration for
> purchase. The details in applying an import license are provided in
> Appendixes of the report, including a flow chart of import license
> procedures (Appendix C), the application form of importing food into
> Thailand and documents required in applying an import license
> (Appendix D).
>
> **(D) Food product registration**
>
> Importers of food products deemed to be *specifically-controlled food*
> are required to register the products before importation for sale.
> However, exemptions are granted for products imported directly by food
> service outlets and manufacturers for their own use as ingredients or
> materials for food processing.
>
> Applications for product registration should be submitted to the Food
> Control Division, FDA. For those residing outside the Bangkok
> Metropolitan area, applications can be submitted to the concerned
> Provincial Office of Public Health concerned.
>
> The approximate amount of time required for product registration,
> starting from submitting the application, is about one month. However,
> delays are usually caused by inaccurate or unacceptable details in the
> documents. There is little chance for registering a product unless the
> manufacturer or exporter provides the necessary details required by
> the FDA.
>
> The following details are needed for product registration:
>
> \- Name and type of food
>
> \- Characteristics of food (in accordance with the food analysis
> report)
>
> \- Type and size of container/packing
>
> \- Name and quantity of the ingredients in the food
>
> \- Manufacturing process
>
> \- Name of producer and place of production
>
> With the application, an importer must attach labels (both foreign and
> Thai language labels), result of analysis of the food (not over one
> year) by a government laboratory or institution specified by the FDA,
> and other required materials dependent on the types of food. For
> imported food products, the results of food analysis from the
> government or accredited laboratory in the manufacturer's country are
> acceptable. A food sample is required for FDA's inspection.
>
> Documents showing the formulas and manufacturing processes from the
> manufacturer or exporter are required for certain types of food, e.g.
> infant food, baby food supplements, medical food, and food for special
> purposes.
>
> Clinical data that show that the product brings about desired results
> as indicated and is safe for consumption is required in the case of
> medicinal food, food for special purposes, and food for weight
> control. Such information must have already been published in a
> reliable professional journal.
>
> A certificate from the exporter's home country government authority
> may be needed for food supplements in the form of mixture and novelty
> food in order to certify that such food is being sold as food in the
> manufacturer's country.
>
> Once a product license is granted, it shall be valid ad infinitum, but
> can be revoked by the Minister of Health if found later that the
> details of food do not conform to the details in the approved food
> recipe or is adulterated or unsafe for consumption.
>
> A translated copy of the product registration application form,
> translated from Thai is provided in Appendix C. Note that the
> application form must be submitted in Thai. The standard fee for a
> product license is THB 5,000 (approximately USD 125), in addition to
> another fee for official laboratory testing.
>
> A food product, either manufactured or imported, if categorized as
> *specifically-controlled* *food*, must be registered. Analytical
> results for the product as well as details on manufacturing processes
> and its ingredients must be submitted along with an application for
> registration.

The details of applying for food product registration are provided in
Appendixes of the report, including a flow chart of product registration
and product labeling procedures (Appendix E), the application form of
product registration (Appendix F), and documents required in applying
product registration (Appendix G).

> **(E) Control of food labeling**
>
> Imported food products, which are categorized as
> *specifically-controlled food, standardized food, and food required to
> bear labels*, are required to bear standard labels. More details on
> the standard label requirements are provided in Section 2. In
> addition, this report provides a flow chart of product registration
> and product labeling procedures (Appendix E), the application form for
> product labeling (Appendix H), and the documents required in applying
> for a product label (Appendix I).
>
> **(F) Control of nutrition labeling**

Nutrition labeling is also required for some specific products. More
details on the standard label requirements are discussed in Section 2.

> **(G) The requirement of Good Manufacturing Practice**

On July 24, 2003, the **Ministerial Notification No. 193, B.E. 2543
(2000)**, Titled \"Method of Food Manufacturing and Equipment for
Manufacturing Food and Food Storage\", will be applied to all domestic
manufacturers and foreign suppliers of 54 types of products.

The covered products under this regulation are listed as follows:

> 1\. Infant food and uniform food for infant and children

2\. Supplementary food for infant and children

3\. Modified milk for infant and uniform modified milk for infant and
children

4\. Ice

5\. Drinking water in sealed containers

6\. Beverage in sealed containers

7\. Food in sealed containers

8\. Cow's milk

9\. Cultured milk

10\. Ice cream

11\. Flavored milk

12\. Milk products

13\. Food additives

14\. Food color

15\. Food flavoring substances

16\. Sodium cyclamate and food containing sodium cyclamate

17\. Food for weight control

18\. Tea

19\. Coffee

20\. Fish sauce

21\. Water by-products from manufacturing of monosodium glutamate

22\. Natural mineral water

23\. Vinegar

24\. Edible oil and fat derived from animal or vegetable

25\. Peanut oil

26\. Cream

27\. Butter oil

28\. Butter

29\. Cheese

30\. Ghee

31\. Margarine

32\. Semi-processed food

33\. Some particular sauces

34\. Palm oil

35\. Coconut oil

36\. Mineral drink

37\. Soybean milk in sealed containers

38\. Chocolate

39\. Jam, jelly, marmalade in sealed containers

40\. Food for special purpose

41\. Quicklime soaked egg

42\. Royal jelly and royal jelly products

43\. Products from the hydrolysis or fermentation of soybean protein

> 44\. Honey (except where the place of manufacturing does not fall
> under the description of a factory under the law-governing factory

45\. Fortified rice

46\. Brown rice flour

47\. Salted water for food flavoring

48\. Sauce in sealed containers

49\. Bread

50\. Gum and candy

51\. Processed agar and jelly

52\. Garlic products

53\. Flavor and odor additives

54\. Frozen food

> Domestic manufacturers of these products are obligated to comply with
> the method of food manufacturing, tools and equipment for
> manufacturing food, and food storage according to the Good Practice in
> Food Manufacturing governing general sanitation. Meanwhile, any
> importer of the covered products must present an equivalent
> certificate of GMP for certain factories or plants, which manufacture
> those products in line with the Thai GMP Law. The GMPs accepted can be
> [any]{.underline} of the followings: a) GMP by Thai Law; b) GMP by
> Codex; c) HACCP; d) ISO 9000; and e) other practice equivalent to
> (a)-(d).

For U.S. food products, Thai FDA officials agree that U.S. practices (it
is understood that all U.S. food manufacturers are already subject to
21CFR part 110) are normally superior to the GMP under the present Thai
GMP Law. Accordingly, any simple statement/certificate (including HACCP
certificate) that is endorsed by USG agencies will be acceptable. The
statement may contain sayings like \"the food product(s) are
manufactured by U.S. processing plant(s) which is(are) subject to 21CFR
part 110\".

### 1.3.2 Post-marketing Control

> **(A) Monitoring compliance with the regulations**
>
> Monitoring processes primarily make sure that food distributed to
> consumers is wholesome and complies with the national food standards.
> Inspection of food factories and premises throughout the country are
> regularly conducted together with sampling of food products for
> laboratory tests. In the case of violations or seizures, product
> recall and prosecution will be executed. Inspection, monitoring and
> legal actions are the responsibility of the Inspection Division of
> Thai FDA. Technical advice on development of food production,
> delivery, handling and storage may be given during the monitoring
> processes.
>
> **(B) Food surveillance**
>
> The aim of the program is to assure the safety and quality of food
> distributed in the market throughout the country. Food surveillance is
> conducted by several ministerial organizations, e.g. Ministry of
> Agriculture and Co-operatives, Ministry of Science, Technology and
> Environment, Ministry of Industry, Office of the Prime Minister, and
> the Bangkok Metropolitan Administration. The FDA plays a major role.
> FDA inspectors will take samples of food in markets from time to time
> and whenever problems are identified. The samples will be delivered to
> the Food Analysis Division, Department of Medical Science, for further
> analysis of toxins, pesticide residues, heavy metals, nutritional
> values, and standard conformity. Warning and legal actions such as
> seizure, product recall, etc. will be taken depending on the degree of
> violation.

### 1.3.3 Control of Food Advertising

Any form of food advertisement through any public media is subject to
approval from the FDA. Advertising false or deceptive quality or benefit
is prohibited. The Advertisement Control and Public Relations Division
is responsible for approval of the statements and visual performances to
be used in food advertising.

# SECTION 2: LABELING REQUIREMENTS

## 2.1 Standard Labeling

For imported food products or domestic food products which are
categorized as *specifically-controlled food, standardized food, and
food required to bear labels*, are required to bear standard labels. A
Thai label must be applied where needed prior to entry. Failure to apply
the label before entry will likely result in a penalty charge by the
Customs Department and product seizure by the FDA. As products imported
for sale may not enter into Thailand with standard U.S. labels only,
stick-on labels, meeting local requirements, must be affixed. Note that
the approved label, corresponding to its food package size, must be
applied to every single item of food. There is no exemption for any
industrial container for distribution purpose that a Thai label shall be
applied only on the main outer package.

Based on the **Ministerial Notification No. 194 B.E. 2543 (2000)**, the
details in standard labeling requirement are different between food
products directly sold to consumers and these food products sold to food
manufacturers as production ingredients.

### 2.1.1 Labeling of Food Products Directly Sold to Consumers

Labels for food products directly sold to consumers shall be presented
in Thai with or without a foreign language and shall have the following
details, except for those allowed to be omitted by the FDA:

> 1\. Name of food.
>
> 2\. Food serial number.
>
> 3\. Name and address of manufacturer or repacker, as the case may be,
> together with the country where the product is manufactured.
>
> 4\. Net content of food in metric system.
>
> 4.1 Powdered, dry or solid food products shall display net weight.

4.2 Liquid food products shall display net volume.

> 4.3 Semi-solid or semi-liquid food products can display either net
> weight or net volume.
>
> 4.4 Other food products shall display net weight.
>
> 4.5 Food products in sealed containers shall display net content as
> well as drained weight except food ingredients cannot be separated
> from the liquid part.
>
> 5\. Essential ingredients listed as percentage of the total, starting
> with the major ingredient For concentrated products or those needing
> to be diluted or dissolved before consumption, the proportion of the
> products when diluted or dissolved must be displayed.
>
> 6\. The words "Preservatives used", if any.
>
> 7\. The words \"Natural food color added\" or \"Chemical food color
> added\" shall appear if used.
>
> 8\. The words "Natural flavor added", "Artificial flavor added", etc.
> shall be presented, if used.
>
> 9\. The words \"Artificial sweetener added\" if used.
>
> 10\. The words \"Natural scent enhanced\" or \"Artificial scent
> enhanced\" if any.
>
> 11\. Date, month and year of manufacture; month and year of
> manufacture; date, month and year of expiry; or date, month and year
> within which food remains in good quality or conforms to the standard.
> Accompanied by the word "Manufactured", "Expire" or "Use Before", as
> the case may be, note that:
>
> \(a\) The date, month and year of manufacture; the date, month and
> year of expiry; or the date, month and year within which food remains
> in good quality or conforms to the standard is used to described food
> which can be stored for not more than 90 days.
>
> \(b\) The month and year of manufacture; the date, month and year of
> expiry; or the date, month and year within which food remains in good
> quality or conforms to the standards is used to described food which
> can be stored for more than 90 days.
>
> \(c\) The date, month and year of expiry is used to describe certain
> food products specified by the FDA e.g. modified milk for infants,
> infant food, supplementary food for infants and children, etc.
>
> The food manufacturer or importer may request the FDA to display the
> date, month and year of expiry for other types of food not stipulated.
> The information on item (a) and (b) mentioned above shall be presented
> in the "Principal Display Panel" whereas the information concerning
> item (c) can be displayed either in the "Principal Display Panel" or
> on the top or the bottom part of the container. If displayed at the
> bottom part of the food container, there shall be a statement
> indicating where to check for the manufactured date, expiry date or
> the date within which the food still remains in good quality or
> conforms to the standard.
>
> 12\. Storage instructions, if any.
>
> 13\. Preparation instructions, if any.
>
> 14\. Specific texts to be displayed clearly are usually for food
> products that need precautions before use. For example, "Not Used As
> Infant Food" and "Not to Replace Infant Milk" shall be presented.
>
> 15\. Instructions on use and other useful information for products for
> use by a specific group of consumers e.g. a table showing baby-feeding
> schedule.
>
> 16\. Labels with statements, pictures, photographs, signs, trademarks,
> etc. shall not give misleading or exaggerating implications about the
> products.
>
> 17\. The label shall not contain pictures, photographs, signs,
> trademarks, and etc., which either explicitly or implicitly advertise
> other products.

### 2.1.2 Labeling of Food Products sold to Food Manufacturers as Production Ingredients

A Thai label is required except for imported products where the English
label is allowed. The label must at least contain the following:

> 1\. Name and type of food
>
> 2\. Food serial number
>
> 3\. Net content of food in metric system
>
> 4\. Name and country of the manufacturer

In this case, although a label containing Thai language is not required
for imported products, the products must have the FDA's product
registration number or label approval number.

## 2.2 Nutrition Labeling

The regulations on nutrition labeling are based on the **Ministerial
Notification No. 182 of B.E. 2541 (1998)** and **No. 219 of B.E. 2544
(2001)**. Nutritional labeling is mandatory for the following types of
food.

-   Food making a specific nutritional claim;

-   Food which makes use of nutritional values in sale promotion;

-   Food which specifically targets a group of consumers e.g. students,
    executives, elderly people, etc;

-   Other foods which may be specified by the FDA.

Exemptions from these nutrition-labeling regulations (as defined in
Ministerial Notification No. 182) are infant food, supplementary food
for infants and children and other types of food for which labeling
requirements have been otherwise regulated; food not directly sold to
consumers; and food packed in small containers which aims to be repacked
and sold in a larger container.

Nutrition labeling must be presented in Thai with or without a foreign
language. The standard U.S. nutrition fact panel is not acceptable as
Thai Recommended Daily Intakes may not be identical to the U.S.
Recommended Daily Intakes. In addition, differences may exist in serving
size and reference amount.

Depending upon the labeling space, different formats are applicable, on
either a vertical or horizontal basis. An example of standard
comprehensive nutrition facts is provided. The format is similar to the
U.S. nutrition fact panel but not identical:

+-----------------------------------------------------------------------+
| ·**Nutrition Facts**                                                  |
|                                                                       |
| Serving Size:                                                         |
|                                                                       |
| Servings Per Container                                                |
+-----------------------------------------------------------------------+
| · **Amount Per Serving**                                              |
|                                                                       |
| **Total Calories .......**.kcal (Calories from Fat ¼.. kcal)          |
+-----------------------------------------------------------------------+

+-----------------------------------+-----------------------------------+
|                                   | \% Recommended Daily Intakes \*   |
+-----------------------------------+-----------------------------------+
| **Total Fat** ...........g        | ..... %                           |
|                                   |                                   |
| Saturated Fat ..........g         | ..... %                           |
|                                   |                                   |
| **Cholesterol** ..........mg      | .....%                            |
|                                   |                                   |
| **Protein** ..........g           | ..... %                           |
|                                   |                                   |
| **Total Carbohydrate**            | .....%                            |
| ..........g                       |                                   |
|                                   | .....%                            |
| Dietary Fiber ..........g         |                                   |
|                                   | ..... %                           |
| Sugars ..........g                |                                   |
|                                   | ..... %                           |
| **Sodium** .........mg            |                                   |
+-----------------------------------+-----------------------------------+

  -----------------------------------------------------------------------
  \% Recommended Daily Intakes \*

  -----------------------------------------------------------------------

+-----------------------------------+-----------------------------------+
| **Vitamin A** ..... %             | **Vitamin B1** ...\... %          |
|                                   |                                   |
| **Vitamin B2** ..... %            | **Calcium** ...\... %             |
|                                   |                                   |
| **Iron** ..... %                  |                                   |
+-----------------------------------+-----------------------------------+

  -----------------------------------------------------------------------
  \* Percent recommended daily intakes are based on a 2,000 kcal diet for
  Thais aged six and upwards.

  Individual calorie needs may differ. Based on a 2,000 kcal daily diet,
  the nutrient intakes shall be as follows.
  -----------------------------------------------------------------------

+-------------------------------+--------------------------------------+
| Total Fat                     | Less than 65 g                       |
|                               |                                      |
| Saturated Fat                 | Less than 20 g                       |
|                               |                                      |
| Cholesterol                   | Less than 300 mg                     |
|                               |                                      |
| Total Carbohydrate            | 300 g                                |
|                               |                                      |
| Dietary Fiber                 | 1 g                                  |
|                               |                                      |
| Sodium                        | Less than 2,400 mg                   |
+-------------------------------+--------------------------------------+

  -----------------------------------------------------------------------
  Calories (kcal) per gram: Fat = 9; Protein = 4; Carbohydrate = 4

  -----------------------------------------------------------------------

Details on serving size and servings per container may be omitted where
the reference on serving size cannot be determined due to the nature of
that food. Hence, instead of the statement "Amount per serving", the
statement "Amount per 100 g"or "Amount per 100 ml" shall be used as
appropriate.

## 2.3 GMO Labeling

The Thai Government has banned the commercial planting of transgenic
seed but does allow imports of transgenic soybeans and corn for a
wide-range of domestic use, in both the feed milling and food processing
industries.

On May 11, 2003, the Ministry of Public Health' labeling law for food
containing Genetically Modified Organisms (GMO) materials/products,
which was issued in April 2002, was implemented. The regulations,
claiming to protect consumers, were apparently based on the Japanese
model allowing for a 5 percent tolerance. In addition, the regulations
appeared to hurt U.S. interests, as corn, corn products, soybeans, and
soy products have been targeted.

The products covered by this law are listed as follows:

1\. Soybeans

2\. Cooked soybean

3\. Roasted soybean

4\. Bottled or canned soybean or soybean contained in retort pouch

5\. Natto

6\. Miso

7\. Tofu or Tofu fried in oil

8\. Frozen tofu, soybean gluten from tofu or its products

9\. Soybean milk

10\. Soybean flour

11\. Food containing product(s) from (1) to (10) as main ingredient

12\. Food containing soybean protein as main ingredient

13\. Food containing green soybean as main ingredient

14\. Food containing soybean sprout as main ingredient

15\. Corn

16\. Popcorn

17\. Frozen or chilled corn

18\. Bottled or canned corn or corn contained in retort pouch

19\. Corn flour or cornstarch

20\. Snack deriving from corn as main ingredient

21\. Food containing product(s) from (15) to (20) as main ingredient

22\. Food containing corn grits as main ingredient

Under the regulations for processed products containing more than one
ingredient, labeling will only be required for the top three ingredients
by weight, if each ingredient constitutes 5 percent or more of the final
product and 5 percent or more of that ingredient is derived from GMO
ingredients.

Due to a lack of laboratory facilities, the Ministry of Public Health
implements the regulation enforcement on a post-marketing basis. This
means that product labeling by the producer/importer will be voluntary
on their own judgment. However, the products may be confiscated and the
producer/importer will be subject to the penalties applicable if the
government inspector proves that the products are supposed to be GMO
labeled. More details about GMO labeling procedures are provided in the
Manual for Labeling Procedures for GMO Products according to the
**Ministerial Notification No. 251, B.E. 2545 (2002)** (Thai language).

## 2.4 Thai Recommended Daily Intakes (Thai RDIs)

The Thai Recommended Daily Intakes (Thai RDIs) for people of six years
of age and older were established to be guidelines for nutrition
labeling. Developed with reference to the Thai Recommended Daily Dietary
Allowances (Thai RDA), the U.S. RDA and Codex's Nutrient Reference
Values, details on the Thai RDIs are provided below.

  --------- --------------------------- ---------------- -------------------
  **No.**   **Nutrient**                **Thai RDI       
                                        Unit**           

  1         Total Fat                   65\*             Gram

  2         Saturated Fat               20\*             Gram

  3         Cholesterol                 300              Milligram

  4         Protein                     50\*             Gram

  5         Total Carbohydrate          300\*            Gram

  6         Dietary Fiber               25               Gram

  7         Vitamin A                   800 (2,664)      Microgram RE (IU)

  8         Thiamin                     1.5              Milligram

  9         Riboflavin                  1.7              Milligram

  10        Niacin                      20               Milligram NE

  11        Vitamin B6                  2                Milligram

  12        Folic Acid                  200              Microgram

  13        Biotin                      150              Microgram

  14        Pantothenic Acid            6                Milligram

  15        Vitamin B12                 2                Microgram

  16        Vitamin C                   60               Milligram

  17        Vitamin D                   5 (200)          Microgram (IU)

  18        Vitamin E                   10 (15)          Milligram Alpha TE
                                                         (IU)

  19        Vitamin K                   80               Microgram

  20        Calcium                     800              Milligram

  21        Phosphorus                  800              Milligram

  22        Iron                        15               Milligram

  23        Iodine                      150              Microgram

  24        Magnesium                   350              Milligram

  25        Zinc                        15               Milligram

  26        Copper                      2                Milligram

  27        Potassium                   3,500            Milligram

  28        Sodium                      2,400            Milligram

  29        Manganese                   3.5              Milligram

  30        Selenium                    70               Microgram

  31        Fluoride                    2                Milligram

  32        Molybdenum                  160              Microgram

  33        Chromium                    130              Microgram

  34        Chloride                    3,400            Milligram
  --------- --------------------------- ---------------- -------------------

Notes: 1 \* RDIs for total fat, saturated fat, protein and total
carbohydrate are 30, 10, 10 and 60 respectively of the total daily
calories (2,000 kilocalories).

2 Sugar intake should not be more than 10% of the total daily calories.

Note that the total daily calories needed for an individual may be
either higher or lower than 2,000 kcal, depending on several factors
involved i.e. age, sex, and physical activity level.

## 2.5 CLAIMS

### 2.5.1 Nutritional Claim

A nutritional claim means any presentation which states, suggests or
implies that a food has particular nutritional properties including but
not limited to the energy value and the content of protein, fat and
carbohydrates, as well as the content of vitamins and minerals.
Nutritional claims constitute nutrient content claim, comparative claim
and nutrient function claim.

As the Thai FDA generally uses Codex and U.S. FDA standards as
guidelines, the descriptors used in nutrient content claim (e.g. low in
cholesterol) and comparative claims (e.g. "less", "reduced") generally
have very similar definitions to those of U.S. Food Labeling. However,
there may be some differences in the use of certain terms such as "good
source of", "rich in", etc. Note that differences may exist in serving
size, reference amount and local recommended daily intakes. Further
details can be obtained from the Food Control Division, FDA.

> **(A) Nutrient content claims** are a nutrition claim that described
> the level of nutrient contained in a food. Examples are "source of
> calcium", "high in fiber and low in fat", etc. A food that is by its
> nature low in or free of the nutrient that is the subject of the claim
> shall not include the term "low" or "free" in the name of the food.
> Instead, a claim statement may be made in a general form that refers
> of all foods of that type e.g. vegetable oil, a cholesterol-free food.
> However, foods that have been specially processed, altered, formulated
> or reformulated so as to lower the amount of nutrient in the food or
> remove the nutrient from the food may bear such a claim.
>
> **(B) Comparative claims are** claims that compare the nutrient levels
> and/or energy value of two or more foods. Examples are "less than",
> "fewer", "more than", "reduced", "lite/light", etc. Comparative claims
> can be made if the foods being compared or "reference foods" are
> different versions of the same food or similar foods that are
> representative of the same type available in the market. The identity
> of the reference food shall be given and a statement of the amount
> difference in the nutrient content or energy value shall be expressed
> as a percentage or fraction, higher or lower than that of the food
> being compared. Also, the nutrient content per serving shall be
> provided. Full details of the comparison are needed.
>
> Comparative claims are not allowed in the case where reference foods
> already contain "low" or "very low" level of nutrient content or
> energy value according to the established conditions of such terms.
>
> **(C) Nutrient function claims** are claims relating to the function
> of a nutrient to the body. Examples are "Calcium aids in the
> development of strong bones and teeth" and "Iron is a factor in red
> blood cell formation". Nutrient function claims are permitted provided
> the following conditions are met. Nonetheless, a claim statement is
> subject to the approval from FDA.
>
> **C.1** Only those essential nutrients listed in the Thai RDIs shall
> be the subject of a nutrient function claim.
>
> **C.2** The food for which the claim is made shall be a significant
> source of the nutrient in the diet.
>
> **C.3** The claim must be made with reference to the nutrient not
> particularly to the food product.
>
> **C.4** The claim must be based on reliable scientific evidence.
>
> **C.5** The claim must not imply or include any statement to the
> effect that the nutrient would afford a cure or treatment for or
> protection from disease.

### 2.5.2 Health Claim

A health claim means any presentation which states, suggests or implies
that a food or nutrient in the food has anything to do with disease or
health condition. As many factors i.e. sex, age, heredity, etc can be
causes of disease for an individual, no health claim is therefore
allowed on food products.

# SECTION 3: PACKAGING AND CONTAINER REQUIREMENTS

The Thai FDA requires that all packaging and containers of food must
comply with the **Ministerial Notification No. 92, B.E. 2528 (1985) and
No. 111, B.E. 2531 (1988).** The guidelines on packaging and containers
are as follows:

(A) A container must:

> 1\. Be clean
>
> 2\. Not emit other substances to contaminate food in volume likely to
> be harmful to heath
>
> 3\. Free of germ contaimation
>
> 4\. Emit no color to contaminate food

(B) Containers which are ceramic vessels or enameled metal vessels must
    have to conform to not only the quality and standards in (A) but
    also the quality or standard with respect to lead and cadmium as
    follows: The fused-out volume of detectable when analyzed according
    to the method described in the Association of Official Analytical
    Chemists (AOAC) Journal of the United States of America, 13^th^
    Edition, articles 25.031 to 25.034, or according to the method
    prescribed in the AOAC Journal of the United States of America of
    1983, Volume 66, Part 3, Page 610 to 619 in the case of cooking
    utensils, shall not exceed the limit described in the Schedule 2 to
    the notifications.

(C) Containers which are made of plastic must conform to not only the
    quality or standard in (1) but also the quality or standard in
    Schedule 1 to the notifications.

(D) Plastics in the form of sheets or bags which are used as food
    containers must not be made from used plastic and must not be added
    with any color, except: a) in the case of laminate plastic, only the
    layer not coming into direct contact with the food; and b) in the
    case of plastic which are used for packing shelled fruits.

(E) Plastic containers of milk, milk products, and other products
    similar to milk products (such as soybean milk and coconut milk)
    must be made from Polyethylene, Polypropyene, Polystyrene, or
    Polycarbonate.

(F) Use of a container which has previously been used to pack or wrap a
    fertilizer, poisonous substance, or substance likely to be harmful
    to health as a food container is prohibited.

(G) Use of a container which is made for packing other thing, which are
    not food or which bear a design or any statement that may cause a
    misconception with respect to the material parts of the food
    contained therein as a food container is prohibited.

# SECTION 4: FOOD ADDITIVE REGULATIONS

Food additives mean the substances which normally are not used as food
or essential ingredients of food, whether or not such substances have
food value, but which are added for the benefits of production
technology, packing, storage or transport beneficial to the quality or
standards or the nature of food. They also include the substances mixed
with food for the purposes stated earlier.

Food additives are specified as *specifically-controlled food* of which
the quality or standards are defined. Use of food additives must follow
the set objectives for specified kinds of food and maximum permissible
quantity, grouped by usage under the following sections.

Section 1: Acidity Regulator

Section 2: Anticaking Agents

Section 3: Antioxidants and Antioxidant Synergists

Section 4: Salts

Section 5: Emulsifiers, Stabilizers and Thickeners

Section 6: Preservatives

Section 7: Firming Agents

Section 8: Carrier Solvents

Section 9: Miscellaneous

Use of food additives for purposes other than stated must be petitioned
for the FDA's approval.

The list of allowed food additives are provided below.

  -------------------------------- --------------------------------------
  \(1\) Sorbic acid                \(2\) Citric acid

  \(3\) Benzoic acid               \(4\) Fumaric acid

  \(5\) Phosphoric acid            \(6\) Malic acid

  \(7\) Glacial acetic acid        \(8\) Lactic acid

  \(9\) Propionic acid             \(10\) Alginic acid

  \(11\) L-Tartraric acid          \(12\) Ascorbic acid

  \(13\) Isoascorbic acid          \(14\) Glucono delta-lactone

  \(15\) Glycerin                  \(16\) Ammonium salts of phosphatidic
                                   acid

  \(17\) Guar gum                  \(18\) Carrageenan

  \(19\) Calcium gluconate         \(20\) Calcium chloride

  \(21\) Calcium carbonate         \(22\) Calcium citrate

  \(23\) Calcium silicate          \(24\) Calcium sulphate

  \(25\) Calcium sorbate           \(26\) Calcium disodium
                                   ethylenediamine tetraacetate

  \(27\) Calcium propionate        \(28\) Calcium phosphate, dibasic

  \(29\) Calcium phosphate,        \(30\) Calcium phosphate, monobasic
  tribasic                         

  \(31\) Calcium lactate           \(32\) Calcium stearate

  \(33\) Calcium alginate          \(34\) Calcium ascorbate

  \(35\) Calcium hydroxide         \(36\) Cubric sulfate

  \(37\) Edible gelatin            \(38\) Sorbitan tristearate

  \(39\) Sorbitan monopalmitate    \(40\) Sorbitan monostearate

  \(41\) Sulfur dioxide            \(42\) Silicon dioxide

  \(43\) Sodium chloride           \(44\) Sodium carbonate

  \(45\) Sodium carboxymethyl      \(46\) Sodium calcium silicoaluminate
  cellulose                        

  \(47\) Sodium sulfite            \(48\) Sodium citrate

  \(49\) DL-Sodium malate          \(50\) Sodium nitrate

  \(51\) Sodium nitrite            \(52\) Sodium tartrate

  \(53\) Sodium tripolyphosphate   \(54\) Sodium benzoate

  \(55\) Sodium bicarbonate        \(56\) Sodium bisulfite

  \(57\) Sodium propionate         \(58\) Sodium polyphosphate, glassy

  \(59\) Sodium fumarate           \(60\) Sodium phosphate, dibasic

  \(61\) Sodium phosphate,         \(62\) Sodium phosphate, monobasic
  tribasic                         

  \(63\) Sodium metabisulfite      \(64\) Sodium lactate solution

  \(65\) Sodium acetate            \(66\) Sodium aluminosilicate

  \(67\) Sodium alginate           \(68\) Sodium L-ascorbate

  \(69\) Sodium isoascorbate       \(70\) Sodium hydroxide

  \(71\) Xanthan gum               \(72\) Dodecyl gallate

  \(73\) Dimethyl polysiloxane     \(74\) Mixed tocopherols concentrate

  \(75\) Nisin                     \(76\) Butylated hydroxytoluene

  \(77\) Butylated hydroxyanisole  \(78\) Propyl gallate

  \(79\) Propylparaben             \(80\) Propylene glycol

  \(81\) Propylene glycol alginate \(82\) Propylene glycol esters of
                                   fatty acids

  \(83\) Pectin                    \(84\) Potassium chloride

  \(85\) Potassium carbonate       \(86\) Potassium sorbate

  \(87\) Potassium sulfite         \(88\) Potassium citrate

  \(89\) Potassium nitrate         \(90\) Potassium nitrite

  \(91\) Potassium benzoate        \(92\) Potassium bicarbonate

  \(93\) Potassium phosphate,      \(94\) Potassium phosphate, tribasic
  dibasic                          

  \(95\) Potassium phosphate,      \(96\) Potassium malate solution
  monobasic                        

  \(97\) Potassium metabisulfite   \(98\) Potassium lactate solution

  \(99\) Potassium acetate         \(100\) Potassium alginate

  \(101\) Potassium hydroxide      \(102\) Polyglycerol esters of fatty
                                   acids

  \(103\) Polyoxyethylene (20)     \(104\) Polyoxyethylene (20) sorbitan
  sorbitan monostearate            monooleate

  \(105\) Furcellaran              \(106\) Ferrous gluconate

  \(107\) Methyl cellulose         \(108\) Methylparaben

  \(109\) Methyl ethyl cellulose   \(110\) Magnesium carbonate

  \(111\) Magnesium stearate       \(112\) magnesium hydroxide

  \(113\) Modified starches        \(114\) Mono- and diglycerides

  \(115\) Citric acid esters of    \(116\) Diacetyltartaric acid esters
  mono- and diglycerides           of mono- and diglycerides

  \(117\) Lactic acid esters of    \(118\) Acetic acid esters of mno- and
  mono- and diglycerides           diglycerides

  \(119\) Lecithin                 \(120\) Octyl gallate

  \(121\) Aluminium stearate       \(122\) Alpha-tocopherol

  \(123\) Agar                     \(124\) Acacia

  \(125\) Ethylparaben             \(126\) Ammonium carbonate

  \(127\) Ammonium bicarbonate     \(128\) Ammonium alginate

  \(129\) Strong ammonia solution; \(130\) ascorbyl palminate
  stronger ammonia water           

  \(131\) Ascorbyl stearate        \(132\) Isopropyl citrate mixture

  \(133\) Hexamethylenetetramine   
  -------------------------------- --------------------------------------

Codex additives are generally acceptable.

The substances prohibited to be added in or to be manufactured, imported
or sold as food ingredients are as follows:

1.  Brominated vegetable oil

2.  Salicylic acid

3.  Boric acid

4.  Borax

5.  Calcium iodate or Potassium iodate

6.  Nitrofurazone,

7.  Potassium chlorate

8.  Formaldehyde, Formaldehyde solution and Paraformaldehyde

9.  Coumarin; 1,2-Benzopyrone; 5,6-Benzo-alpha-pyrone; Cis-o-coumaric
    acid, anhydride; or O-hydroxycinnamic acid, lactone

10. Dihydrocoumarin, Benzodihydropyrone, 3,4-Dihydrocoumarin or
    Hydrocoumarin

11. Methyl alcohol or Methanol

12. Diethyleneglycol, Dihydroxydiethyl ether, Diglycol,
    2,2'-Oxybis-ethanol or 2,2'-Oxydiethanol

13. Dulcin (Para-phenetolcarbamide)

14. Cyclamic acid and its salts (except Sodium Cyclamate)

15. AF-2 (Furylframide)

16. Potassium bromate

17. Daminozide or Succinic acid 2,2-dimethylhydrazide

18. Stevia and derivatives.

# SECTION 5: PESTICIDE AND OTHER CONTAMINANTS

Food containing pesticide residues and contaminants are categorized as
*standardized food*, which the Ministry of Public Health regulates. In
addition, two agencies of the Ministry of Agriculture & Cooperatives --
Department of Agriculture (DOA) and the National Bureau of Agricultural
Commodity & Food Standards (NBACFS) -- are responsible for establishing
the Maximum Residue Limit (MRL). DOA is responsible for conducting
research and analysis and NBACFS is responsible for monitoring and
conducting international negotiations.

## 5.1 Food Containing Pesticide Residues

The tolerance levels of residues allowed in foodstuffs are defined as
Extraneous Residue Limit (ERL) and Maximum Residue Limit (MRL). Detailed
information on pesticide residues is available in the Ministerial
Notification No. 163 of B.E. 2538 (1995). Codex has been used as a
guideline and its pesticide levels are generally acceptable. The Thai
government is reviewing a new directive on MRL, which is scheduled to be
in place by the end of 2004.

## 5.2 Food Containing Contaminants

According to **Ministerial Notification No. 98 of B.E. 2529 (1986)**,
food shall not contain contaminants with more than the following
specifications.

####### 1. Metals

  --------------- ------- ------------------------------------------------
  Tin:            250     mg/kg

  Zinc:           100     mg/kg

  Copper:         20      mg/kg

  Lead:           1       mg/kg with the exception for foods that contain
                          high amount of natural lead. Such foods shall
                          seek the approval from FDA

  Arsenic:        2       mg/kg

  Mercury:        0.5     mg/kg for seafood and not more than 0.02 mg/kg
                          for other foods
  --------------- ------- ------------------------------------------------

2\. Aflatoxin: 20 mcg/kg

3\. Other contaminants shall be subject to FDA approval.

Note that the above regulations are not be applicable to
*specifically-controlled food* or other *standardized food* declared by
the Ministry of Public Health and for which the quantity of contaminants
may be specified otherwise by the Ministry.

# SECTION 6: OTHER REGULATIONS AND REQUIREMENTS

## 6.1 Laboratory Testing

*Specifically-controlled food* and *standardized food* are food products
subject to official laboratory testing. This is to ensure that the
products meet standard requirements, that the products are free from all
microbial organisms and toxic chemical substances that are not safe for
consumption, and that the products are of good nutritional quality. The
fees for laboratory testing vary, up to a maximum of USD 750, depending
on the level of complexity involved in the process of analyzing the
products.

## 6.2 Shelf Longevity and Packaging

Shelf longevity and packaging are critical issues. The long shipping
time and the likelihood that products are to be passed through multiple
marketing channels before reaching the hands of consumers should be
considered. In terms of logistics, U.S. exporters should note that few
cold storage facilities and delivery trucks are available. As far as the
hot and humid climate in Thailand is concerned, moisture resistant outer
and inner packaging will be needed to preserve product quality.

## 6.3 Product Samples and Mail Order Shipments

A limited amount of processed or packaged food samples for product
registration and consideration for purchase can be brought in without an
import license from the FDA. However, samples of raw, fresh or frozen
foodstuffs e.g. meat, vegetables and fruits may be subject to other
regulations established by the concerned authorities. In certain cases,
a health certificate or phytosanitary certificate will be required. Mail
order shipment of products for sale are also subject to the same rules
and regulations imposed by the FDA and other relevant authorities as
those of regular imports. For more information, see details in the
following sections.

## 6.4 Certification and Documentation Requirement

After March 9, 2004, the Food & Drug Administration requires that
importers of hazard-risk food products must present in each product
shipment a certification of the product wholesomeness that meets the FDA
standards. This is to ensure product safety for human consumption. The
certification must be endorsed by the appropriate government agency or
an institute accredited by the government of the exporting country.
Although the FDA is the process of determining the types of hazard-risk
products and the requirement standard, it is likely that the following
27 categories will be included: modified milk for infants/children, food
for infants/children, supplementary food for infants/children, drinks in
sealed containers, milk powder, flavored milk, cultured milk, ice cream,
milk products, food for weight control, food color/food enhancers/food
additives, cheese, mineral drinks, honey, sauce and products containing
sauce, chocolate, supplementary food, chilled/frozen fruits and
vegetables, frozen seafood, spice, peanut and its products, soybean and
its products, corn and its products, meat products, royal jelly and its
products, seaweed (chlorella and spirulina) and its products, and dried
fruits and vegetables.

## 6.5 Import Control Under theTariff Rate Quota (TRQ)

Thailand is permitted to establish TRQs for 23 agricultural products
under the WTO Agreement on Agriculture. The products under the TRQs
system are divided into two groups. The first group comprises a number
of traditional export commodities (e.g. rice, coconuts), where
comparative advantage could preclude the need for import protections. A
second group consists of commodities, which can be produced domestically
but importation is necessary to meet the high demand of the processing
industry (e.g. oilseed, corn). In administering the TRQs for the latter
group, the RTG will issue higher-than-commitment in-quota amounts and/or
lower-than-commitment in-quota duties, when domestic production is not
sufficient to cover the demand, especially for export-oriented
industries. In years of sufficient domestic supply or surpluses, the RTG
will limit in-quota imports, both in-quota amount and in-quota duties,
only to the level which is obligated in the WTO agreement. More details
on the tariff-rate quotas and the out-quota tariff rates are provided in
FAS/Bangkok's Trade Policy Monitoring Annual Report 2003 (TH3049).

The covered commodities under the TRQ system are listed as follows:

1\. Milk and cream, and flavored milk

2\. Skim milk

3\. Potato

4\. Onion

5\. Garlic

6\. Coconut

7\. Copra

8\. Coffee bean

9\. Tea

10\. Pepper (piper nigrum L.)

11\. Corn

12\. Rice

13\. Soybeans

14\. Onion seeds

15\. Soybean oil

16\. Palm and palm oil

17\. Coconut oil

18\. Sugar

19\. Instant coffee

20\. Soybean meal

21\. Tobacco leaf

22\. Raw silk

23\. Dried longan

The Department of Foreign Trade, Ministry of Commerce is monitoring the
imports of these products and requires that any importer must apply for
an import permit. An amount of allocated import quota is normally
determined by the purchase of domestic supplies. This domestic
absorption requirement is apparently against the WTO agreement.

## 

## 6.6 Specific Import Control on Unprocessed Meat and Meat Carcasses

The Department of Livestock Development (DLD), Ministry of Agriculture
and Cooperatives directly monitors the importation of meat. An import
permit from DLD is required for these products, frozen or chilled. Prior
to importation, an application for a permit should be completed and
submitted to the Animal Quarantine Station at the port (sea or air) of
entry where the products will be shipped, whether by air or by sea.
Also, a health certificate is needed. Upon entry, the Animal Quarantine
Station must inspect the products prior to release by the Thai Customs.
Generally, a U.S. health certificate is acceptable. However, the DLD may
re-inspect imported meat and live on a random basis as they enter
Thailand.

The DLD is also collecting import permit fees on uncooked red meat,
poultry, and meat offal mainly to protect domestic producers. Fees on
red meat (beef, buffalo meat, goat meat, lamb, and pork) are 5 baht/kg,
followed by 10 baht/kg for poultry meat and 5 baht/kg (US\$ 114/ton) for
offal.

The DLD also requires that: 1) importers must have a DLD-approved cold
storage facility, of which the quality is subject to determined
standards; and 2) all imported meat and meat by-products coming into
Thailand must be delivered from DLD-approved slaughterhouses, which may
also be subject to annual inspection by DLD veterinarians. The focus of
the meat plant inspections would be the disease control and surveillance
system, epidemic status, ante-mortem transportation, slaughtering
process and meat inspection, post-mortem transportation to export port,
and laboratory tests.

Shortly after the regulation's announcement, the DLD provided a grace
period of one year for all meat imports during 2001, as they needed to
work out the details and specific requirements of this plant inspection
program. FAS/Bangkok approached high-ranking DLD officials about the
regulation and they finally agreed to waive the regulation for another
year in 2002. In the case of U.S. meat and offal, the DLD also agreed to
accept U.S. meat plants listed on the Meat and Poultry Inspection
Directory issued by the Food Safety Inspection Service (FSIS) as plants
eligible for exporting meat and offal into Thailand for the past few
years as an interim measure.

However, the Thai Department of Livestock Development (DLD) recently
decided not to extend the two-year waiver of this regulation to require
the inspection of meat processing facilities in supplier countries.
Enforcement of this regulation was scheduled to begin January 1, 2003.

## 6.7 Specific Import Control of Seafood

Imports of seafood, frozen or chilled, are under the supervision of Thai
FDA. Basically, an import permit (normally granted shipment by shipment)
is needed, together with a permit for distribution.

## 6.8 Specific Import Control on Fruits and Vegetables

The Department of Agriculture, Ministry of Agriculture and Cooperatives,
instead of the Thai FDA, monitors importation of fruits and vegetables.
An import permit from DOA is required. Upon the products arrival, the
imported fruits or vegetables must be accompanied by a phytosanitary
certificate issued by the appropriate Authority in the country of
origin. According to the **Plant Quarantine Act of B.E. 2507 (1964) and
revised in B.E. 2542 (1999)**, plants and plant products have been
classified as prohibited, restricted and unrestricted. Plants which are
prohibited shall be imported only for research purposes and subject to
the approval from the Department of Agriculture.

# SECTION 7: OTHER SPECIFIC STANDARDS

Each food product listed in the food category table in Section I has its
specific product standards/requirements. The FDA is the regulating
authority. Special labeling regulations on some products are provided
below. Detailed information on particular products can be obtained from
the Food Control Division, FDA.

## 7.1 Quality Labeling

In general, wordings or statements which imply or mark product quality
such as "premium grade" or "grade A" are considered misleading by the
FDA, thus are prohibited.

## 7.2 Alcoholic Beverages

Labeling requirements for alcoholic beverages are stipulated in
**Ministerial Notification No. 275 of B.E. 2540 (1997)**.

## 7.3 Coffee Drink

Labeling requirements for alcoholic beverages are stipulated in
**Ministerial Notification No. 276 of B.E. 2540 (1997)**.

## 7.4 Tea Drink

Labeling requirements for alcoholic beverages are stipulated in
**Ministerial Notification No. 277 of B.E. 2540 (1997)**.

**SECTION 8: PATENT, COPYRIGHT AND TRADEMARK LAWS**

Protecting industrial rights is basically the responsibility of each
company. A foreign patent which has not been granted a separate patent
in Thailand receives no protection under the **Patent Act**. However,
foreign patent holders in foreign countries may enter into business
transactions with parties in Thailand and seek equivalent protection
through contractual obligations in the form of licensing agreement.
Since foreign patents receive no protection under the Thailand's Patent
Act, no civil or criminal action can be taken against a third party who
produces or sells a patented product in Thailand without paying fees to
the holder of the foreign patent or who applies in Thailand for a patent
already patented in other countries. Nevertheless, legal solutions to
such conflicts may be available under separate legislation.

An application for a patent shall be filed with the Department of
Intellectual Property. An applicant domiciled abroad must be represented
by one of the patent agents registered with the Department of
Intellectual Property.

International copyrights are well defined in the **Copyright Act of B.E.
2537 (1994)**. A copyrighted work of a creator and rights of a performer
whose country is a party to the Treaty for the Protection of Copyrights
or the Treaty for the Performer's Rights to which Thailand is a party,
or a copyrighted work of an international organization of which Thailand
is a member shall be protected by the Act.

The **Trademark Act of B.E. 2534 (1991), as amended by the Trademark Act
(No 2) B.E. 2543 (2000),** governs registration and provides protection
for trademarks. Included in the Act is a prohibition on importing
objects bearing marks which are similar to or counterfeit of trademarks
registered with the Trademark Office.

Well-known marks are sufficiently protected in Thailand by two methods.
The first one is preventative in nature as it is embodied in the
registration process. The trademark registrar will refuse to register
any mark which is identical or similar to the well-known mark,
misleading or confusing the public as to the proprietor or origin of the
goods. The second one is correction in nature. In the case that the mark
has already been registered, any interested party or the registrar may
file a petition to the Trademark Board to order the revocation of such
mark if it can be proved that the mark is not registrable under the
Trademark Act.

Nonetheless, it is basically the responsibility of each proprietor to
have a separate trademark registration in Thailand. A trademark
applicant must be completed by the proprietor or his appointed
attorney/agent, in Thai, and filed with the Department of Intellectual
Property on official forms. The proprietor or his attorney or agent must
have a place of business or address in Thailand which the Department can
contact.

# SECTION 9: IMPORT PROCEDURES

Imported goods may not legally enter into Thailand until the shipment
has arrived at specified port of entry and delivery of the merchandise
has been authorized by the Thai Customs Department. This is normally
accomplished by filing the appropriate documents, either by the importer
or by its agent.

The Customs Department does not notify the importer of the arrival of a
shipment. Notification is usually made by the carrier of the goods. The
importer should make their own arrangements to be sure that they or
their agent will be informed of the arrival of shipment immediately so
that the entry can be filed and delays in obtaining the goods are
avoided.

## 9.1 Custom Duties

Imports arriving by air, sea or land have a clearance process which is
similar to that carried out in most other countries. In order to clear
goods arriving by sea, the importer has to go to the Customs House and
file an entry form, together with all relevant documents, such as the
invoice, packing list, a copy of bill of lading, and import declaration.
Import documents, if translated into Thai, will help expedite customs
clearance. In cases where imports are subject to business tax, the
importer is also required to have a business tax registration number.

After these documents have been processed, and the goods have arrived,
the importer must pay applicable tariff duties and business taxes. In
cases where total duties have not been determined or where urgent
clearance is necessary, a deposit may be made. The documents must be
taken to the warehouse and presented to an inspector who will make a
report on the entry form. If there is a discrepancy, the goods will be
retained until additional duty or a fine is paid.

The Port Authority will then calculate landing and storage charges based
upon the size or gross weight of the package. After paying these
charges, the importer must submit receipts and the release order or
delivery order to obtain a warehouse receipt which will allow the
imported goods to be claimed. With proper documents, the entire customs
clearance normally takes 2-3 days.

For disputed and/or rejected products, an appeal can be made with the
Legal Affairs Bureau, Customs Department.

## 9.2 Customs Clearance of Prepacked Foodstuffs

Prepackaged foodstuff will need additional inspection by related
authorities before proceeding to regular customs formalities. In
addition to the FDA, other concerned officers such as animal quarantine
officers, plant quarantine officers, and fisheries department officers,
are stationed at the port of entry to determine whether certain imported
foodstuffs meet the requirements set by their agencies. In such cases,
certain certificates i.e. health certificate or phytosanitary
certificate, may be required. More detailed information is contained in
the relevant sections of this report.

# SECTION 10: CONCLUSIONS /RECOMMENDATIONS FOR U.S. EXPORTERS

Thailand's food laws encompass the control of domestic manufacturing,
importation and standard requirements. Basically, an import license,
product registration, or standards labeling (depending on the types of
food) are required for importation of food products for sale. While it
is the responsibility of an importer to get an import license, product
registration, and standards labeling, it is essential that U.S.
exporters know what the local authority requires so that they can help
expedite the processes by providing the required information and
documentation.

Product registration and labeling approval can be done within a month if
all necessary documents and proper details are well presented. For
product registration, the results of a food analysis from a U.S.
government certified laboratory, if available, should be provided to
avoid any delays that would be caused by local laboratory testing.
Details on manufacturing processes are crucial in obtaining a product
license. For labeling, note that the Thai authorities have adopted the
metric system in weight measures so, for compliance, imperial units
should be converted.

Once label approval is granted, exporters should have their local agents
prepare stick-on Thai language labels and dispatch them so that they can
be applied to products prior to entry. Note that industrial food items
imported by food service outlets or manufacturers themselves to be used
as ingredients or materials for food processing are exempt from product
registration and labeling regulations.

In shipping products, U.S. exporters should remember that Thailand is a
tropical hot and humid country where few cold storage facilities exist.
Hence, proper precautions should be made with regard to product
packaging.

For customs clearance of processed food, there is no additional
documentation that exporters should provide other than normal shipping
documents. Note however, that raw, fresh, chilled or frozen foodstuffs,
e.g. meat, vegetables and fruits, are subject to other regulations. In
such cases, additional certification, i.e. phytosanitary certificate and
health certificates issued by the relevant U.S. authorities, are
required. Otherwise, the products will not be released from the Customs
House.

Another critical issue is trademark registration. To obtain trademark
protection, U.S. exporters should have their trademark registered in
Thailand prior to export. As the local regulatory environment is
complicated and an applicant is required to have an address in Thailand,
we recommend that exporters appoint a local consultant to proceed with
the registration on their behalf.

To get started in a new market is challenging, especially for new
exporters. Initial visits to the market for industry information and
regulatory information in addition to personal interaction with
potential business partners/clients are highly recommended. Successful
trading relationships are best begun with firm personal relationship. A
visit to the Agricultural Office of the U.S. Embassy in Bangkok can be
helpful to get started as we can provide many in-market support
services.

# APPENDIX A: MAJOR REGULATORY AGENCIES

**FOOD AND DRUG ADMINISTRATION, MINISTRY OF PUBLIC HEALTH**

[Import License, Product Registration and Label Approval]{.underline}

Ms. Chitra Setha-udom

Director

Food Control Division

The Food and Drug Administration

Tivanont Road, Muang

Nonthaburi 11000

Tel. (662) 590-7178

Fax (662) 591-8460

E-mail: <schitra@fda.moph.go.th>

Mrs. Jureerat Horkiatti

Assistant Director

Group of Pre-Marketing Control

Food Control Division

The Food and Drug Administration

Tivanont Road, Muang

Nonthaburi 11000

Tel. (662) 590-7195

Fax (662) 591-8460

E-mail: <schitra@fda.moph.go.th>

[Food Inspection]{.underline}

Inspection Division

The Food and Drug Administration

Tivanont Road, Muang

Nonthaburi 11000

Tel. (662) 590-7323

Fax (662) 591-8477

E-mail: <food@fda.moph.go.th>

**DEPARTMENT OF MEDICAL SCIENCES, MINISTRY OF PUBLIC HEALTH**

[Food Analysis]{.underline}

Food Analysis Division

Department of Medical Sciences

Soi Bumratnaradul Hospital

Muang, Nonthaburi 11000

Tel. (662) 951-0000 Ext. 9561

Fax (662) 951-1023

**DEPARTMENT OF FOREIGN TRADE, MINISTRY OF COMMERCE**

[Import Control]{.underline}

Commodity Trade Division

Department of Foreign Trade

Sanam Bin Nam-Nonthaburi Road

Nonthaburi 11000

Tel. (662) 547-4737

E-mail: <cdtdft@moc.go.th>

Commodity Division I

Department of Foreign Trade

Sanam Bin Nam-Nonthaburi Road

Nonthaburi 11000

Tel. (662) 547-4801

Grain Division

Department of Foreign Trade

Sanam Bin Nam-Nonthaburi Road

Nonthaburi 11000

Tel. (662) 5474820

**DEPARTMENT OF LIVESTOCK, MINISTRY OF AGRICULTURE AND COOPERATIVES**

[Animal Quarantine (Livestock and Carcasses)]{.underline}

Director

Animal Quarantine Inspection Services

Department of Livestock Development

Phyathai Road

Bangkok 10400

Tel. (662) 653-4444 Ext. 4110

Fax (662) 653-4865

E-mail: <dcontrol8@dld.go.th>

Bangkok Seaport Animal Quarantine Station

Klong Toey Port

Bangkok 10110

Tel. (662) 249-2112

Fax (662) 249-4358

Bangkok Airport Animal Quarantine Station

Don Muang

Bangkok 10900

Tel. (662) 535-1546

Fax (662) 535-1210

**DEPARTMENT OF FISHERIES, MINISTRY OF AGRICULTURE AND COOPERATIVES**

[Marine Animals]{.underline}

Chief of Fisheries Administration & Management Section

Fisheries Resources Conservation Division

Department of Fisheries

Kasetsart University, Chatuchak

Bangkok 10900

Tel. (662) 562-0600/15 Ext 3509

Fax (662) 562-0528

E-mail: <fishtradeins@dof.thaigov.net>

**DEPARTMENT OF AGRICULTURE, MINISTRY OF AGRICULTURE AND COOPERATIVES**

[Plant Quarantine]{.underline}

Plant Quarantine Subdivision

Agricultural Regulatory Division

Department of Agriculture

Chatuchak, Bangkok 10900

Tel. (662) 940-6573, 940-6670 Ext. 108

Fax (662) 579-4129

E-mail: <ard@doa.go.th>

Plant Quarantine Control Post

Cargo Building

Donmuang Airport

Bangkok 10900

Tel. (662) 535-1435

Fax (662) 523-6622

E-mail: <ard@doa.go.th>

**EXCISE DEPARTMENT, MINISTRY OF FINANCE**

[License of Alcoholic Beverages]{.underline}

License Subdivision

Bureau of Tax Administration 1

Excise Department

1488 Nakhon Chaisri Road

Bangkok 10300

Tel. (662) 243-0525

E-mail:

**DEPARTMENT OF INTELLECTUAL PROPERTY, MINISTRY OF COMMERCE**

[Application for Patent and Trademark]{.underline}

Services and Information Division

Department of Intellectual Property

338 Rachadapisek Road

Huay Kwang, Bangkok 10320

Tel. (662) 275-4854

Fax (662) 276-0061

**CUSTOMS DEPARTMENT, MINISTRY OF FINANCE**

[Import Formalities]{.underline}

Import Formalities Division

Customs Department

Klong Toey, Bangkok 10110

Tel. (662) 249-4266, 671-5250

Fax (662) 249-4297

[Legal Affairs]{.underline}

Legal Affairs Bureau

Customs Department

Klong Toey, Bangkok 10110

Tel. (662) 671-7560 Ext. 9310, 9311

Fax (662) 671-7626

# APPENDIX B: LOCAL CONTACTS

**U.S. EMBASSY**

Foreign Agricultural Service

U.S. Embassy

Wireless Road

Bangkok 10330

Tel. (662) 205-5106

Fax (662) 255-2907

E-mail: <agbangkok@usda.gov>

**CODEX CONTACT**

Mr. Worwate Tamtongtanyalak

Secretary General

Office of Commodity and System Standard

National Bureau of Agricultural Commodity and Food Standards

Ministry of Agriculture and Cooperatives

Ratchadamnoen-Nok Road

Phanakorn

Bangkok 10200

Tel. (662) 281-8600

Fax: (662) 281-6182

E-mail: <acfs@acfs.go.th>

**AMERICAN CHAMBER OF COMMERCE**

7 th Fl., Kian Gwan Building 1

140 Wireless Road

Bangkok 10330

Tel. (662) 251-9266/7, 251-1605, 651-4473

Fax (662) 255-2454

E-mail: <info@amchamthailand.com>

**U.S. DAIRY EXPORT COUNCIL**

Southeast Asian Representative Office

U.S. Dairy Export Council

Pacrim Associates Limited

11/14 Soi Ruam Rudee

Wireless Road

Bangkok 10330

Tel. (662) 689-6311

Fax (662) 689-6314

E-mail: <usdec@pacrimassociates.com>

**U.S. DRY PEA AND LENTIL COUNCIL**

AgriSource Co.,Ltd.

No. 416, 4 th Fl., Ambassador's Court

76/1 Soi Langsuan

Ploenchit Road

Bangkok 10330

Tel. (662) 251-8655/6, 251-8669, 251-8772

Fax (662) 251-0390

E-mail: [agsource@loxinfo.co.th](mailto:pulse@pea-lentil.com)

**AMERICAN SOYBEAN ASSOCIATION**

Thailand Representative

59/43 Baan Klangmuang

Ladprao 71 Road

Bangkok 10230

Tel. (662) 539-5373, 539-5332

Fax (662) 539-5256

E-mail: <asathai@loxinfo.co.th>

**Regional Contacts who also cover Thailand:**

**AMERICAN SOYBEAN ASSOCIATION (SINGAPORE)**

#11-03 Liat Towers

541 Orchard Road

Singapore 238881

Tel: 656-737-6233

Fax: 656-737-5849

E-mail: <asaspore@pacific.net.sg>

######## USA POULTRY & EGG EXPORT COUNCIL

#15-04 Liat Towers

541, Orchard Road

Singapore 238881

Tel: 656-737-1726

Fax: 656-737-1727

E-mail: <usapeec_sing@pacific.net.sg>

######## U.S. MEAT EXPORT FEDERATION

#15-03 Liat Towers

541 Orchard Road

Singapore 238881

Tel: 656-733-4255-6

Fax: 656-732-1977

E-mail: <singapore@usmef.com.sg>

######## U.S. WHEAT ASSOCIATES

#15-02 Liat Towers

541 Orchard Road

Singapore 238881

Tel: 656-737-4311

Fax: 656-733-9359

E-mail: <msamson@uswheat.org>

######## WINE INSTITUTE OF CALIFORNIA

Block 3 Alexandra Distripark

Unit 08-22 Pasir Panyang Road

Singapore 118383

Tel: 656-278-3832

Fax: 656- 278-4372

E-mail: <Richelieu@lieumktg.com.sg>

######## UNITED STATES POTATO BOARD

Block 3 Alexandra Distripark

Unit 08-22 Pasir Panyang Road

Singapore 118383

Tel: 656-278-3832

Fax: 656- 278-4372

E-mail: <Richelieu@lieumktg.com.sg>

**PEAR BUREAU NORTHWEST**

Block 3 Alexandra Distripark

Unit 08-22 Pasir Panyang Road

Singapore 118383

Tel: 656-278-3832

Fax: 656- 278-4372

E-mail: <Richelieu@lieumktg.com.sg>

**RAISIN ADMINISTRATIVE COMMITTEE**

Block 3 Alexandra Distripark

Unit 08-22 Pasir Panyang Road

Singapore 118383

Tel: 656-278-3832

Fax: 656- 278-4372

E-mail: <Richelieu@lieumktg.com.sg>

**CALIFORNIA PISTACHIO COMMISSION**

CALIFORNIA TABLE GRAPE COMMISSION\
CALIFORNIA TREE FRUIT AGREEMENT

Block 3 Alexandra Distripark

Unit 08-22 Pasir Panyang Road

Singapore 118383

Tel: 656-278-3832

Fax: 656- 278-4372

E-mail: <Richelieu@lieumktg.com.sg>

# APPENDIX C: A FLOW CHART OF FOOD IMPORT LICENSE APPLICATION

![](media/image2.png){width="5.167361111111111in" height="8.39375in"}

# APPENDIX D: THE APPLICATION FORM FOR PRODUCT IMPORT LICENSE

######## ![](media/image3.png){width="5.233333333333333in" height="8.620833333333334in"} 

######## APPENDIX E: A FLOW CHART OF PRODUCT REGISTRATION AND LABELING 

![](media/image4.png){width="5.875in" height="8.427083333333334in"}

# APPENDIX F: THE APPLICATION FORM FOR PRODUCT REGISTRATION

**Product Registration Application Form \* *Translation Only \****

(Only a Thai application form can be used.)

*Specifically-controlled* *food* under Ministerial Notification
No\...\...\...\...\...\...\.....

Trade name in Thai:

In other language:

Category of food:

Type:

Characteristics of food:

Type of Container/Package Size

List of Ingredient and percentage used

Name Quantity Name Quantity

Manufacturing Process:

Manufacturer:

Address:

Importer:

Address:

Production license or Import license No. Issue Date:

Food analysis report from:

Enclosure: 1) Product label 4 copies

2\) Product sample 1 sample

3\) Product instruction 4 copies (if applicable)

4\) Food analysis report 4 copies

5\) Other supporting documents 4 copies

(Signature)

# APPENDIX G: Documents Required for application Registration and Food Serial Number

**(for Factory-manufacturer for specific controlled food products)**

      1. An application form for each food product registration,
registration, already filled in all information.

      2. A certificate of analysis for the applied food product and its
copy issued by government laboratory from the country of origin,
government laboratory in Thailand or the private laboratory accredited
by government. The submitted certificate should have been issued not
more than one year. The analysis result have to comply with the quality
or standard specified in the Ministerial notification.

      3. 4 copies of label in Thai and in foreign language (if any)

      4. 4 copies of leaflet (if there is the leaflet enclosed in the
applied food package)

      5. product formulation (needed for filling the application form to
declare the ingredients used)

      6. production process in brief but clear enough for identifying
the characteristic and physical properties of product

      7. 1 unit of product sample

      8. 2 copies of translation of text in label or documents attached
if the language used is not English

      9. A GMP Certificate (or equivalent) and one copy.

      10. Copy of import license or manufacturing license.

      FDA may ask for additional document in case of the formulation,
process, packaging and claim are not clear enough or not correspondent
to the product.

      If the product contains new ingredients, for example, new type of
algae which does not have the safety data for consumption, Certificate
of Free Sale or certificate recommended that the product as such is safe
for human consumption is required.

# APPENDIX H: THE APPLICATION FORM FOR PRODUCT LABELING

**Label Permit Application Form \* *Translation Only\****

(Only a Thai application form can be used.)

I,..(person's name)\...\...\...\...\...\...\...\...\...\...\.....on
behalf of..(company's name)\...\...\...\...\...\....

\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....Company's
address:
\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...

\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...
\...\...\...\...\...\...\...\...\...\...\.....

apply for a permit for the enclosed label sample, details of which are
as follows:

1\. Trade name in Thai:
\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
In foreign
language:\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....

2\. Characteristics of food\...*(describe the appearance of the food
e.g. liquid)* \...\...\...\...\...\....

3\. Category of food: .. as per Ministerial Notification
No\...\.......

4\. Type of Container/Package Size

\...\...\...\...\...\...\...\...\...\...\...\...\...\.....\...
\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....

\...\...\...\...\...\...\...\...\...\...\...\...\...\.....\...
\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....

5\. Details on manufacturing, repacking or import:

5.1  Manufacturing license no.: \....\....\.... Type:
\...\...\...\...\...\...\...\....\...\...\...\...\...\...\...

 Import license no.: \...\...\...\...\...\...Type
\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....

 Currently applying for a manufacturing or import license, application
no.: \...\...

Date: ..

 Production which does not qualify as a manufacturing plant\*

(capacity \...\...\.... horse power and no. of workers
\...\...\...\.....)

5.2  Name and address of manufacturer:
\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....

 Name and address of repacking facility:
\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...

 Name and address of importer:
\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....

6\. Product ingredients (percentage used)

Ingredient Quantity Ingredient Quantity

\...\...\...\...\...\..... \...\...\...\...\...\...\.....
\...\...\....\...\...\...\...\...
\...\...\...\...\...\...\...\...\...\...

\...\...\...\...\...\.....\.... \...\...\...\...\...\.....\...
\...\...\...\...\...\...\...\....
\...\...\...\...\...\...\...\...\...\...

7\. Shelf life \...\...\...\...\...\...\...\..... days

8\. Other details:

Manufacturing process:
\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....

\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...

 Translated document of foreign language \...\...\...\...\..... copies

9\. Purpose of the label

 For retail sales in the Kingdom

 For sales to manufacturers (not retail consumers), Type of
manufacturer

\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....

 For export

10\. I will publish the approved label within 60 days from the approval
date and will display this label in an easily recognizable color on the
package.

11\. Enclosed herewith are the following documents:

1\. Label permit application 5 copies (sign each copy)

2\. Label 5 copies

3\. Food sample 1 unit

4\. Food analysis report 5 copies, including the original (for
*specifically-controlled food* and *stardardized food*)

5\. Three copies of location map of manufacturing premise (for
production not qualifying as a manufacturing plant\*) with specified
date of inspection and plant lay-out including details on horsepower and
number of workers.

6\. Commercial registration, trade registration, or company registration
1 copy

7\. Inspection report of manufacturing or repacking facility from a
provincial public health office with regard to production capacity and
number of workers if the application is made through a provincial public
health office.

(Signature)\....\...\...\...\...\...\...\...\...\...\....

(\...\...\...\...\...\...\...\...\...\...\...\......)

Remark: \*A manufacturing plant as defined by the FDA is any
manufacturing facility with equivalent use of five horsepower machinery
or more, or with seven staff or more.

# APPENDIX I: Documents Required for Applying for Label Approval and Food Serial Number

In general, required documents include:

(A) 2 copies of filled application form

(B) 5 copies of label or sample of label

    -   if labels of all packing sizes have the same text, it must be
        certified in the application form, and only one size is needed.

    -   if food is imported, there must be 5 copies of foreign labels
        with Thai Labels attached in the way that food is presented for
        marketing

(C) 1 unit of food sample

(D) 2 copies of certificate of analysis for specific controlled food and
    standardized food, (one of them is original) issued by government
    laboratory (from Thailand or country of origin) not later than one
    year from the date of issuing

    -   the analysis result must be in accordance with the quality or
        standard specified in the Ministerial notification

(E) 2 copies of translation of text in label or documents attached if
    the language used is not English.

(F) A GMP Certificate (or equivalent) and one copy.

(G) Copy of import license or manufacturing license.

End of Report