G/TBT/N/THA/623  
 
14 June 2021  
(21-4863) Page: 1/3 
Committee on Technical Barriers to Trade  Original: English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  THAILAND   
If applicable, name of local government involved (Article 3.2 and 7.2):  - 
2. Agency responsible:  Food and Drug Administration (Thai FDA)  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Food 
products containing cannab idiol extract, beverage and food supplement containing 
cannabidiol extract  
5. Title, number of pages and language(s) of the notified document:  Draft Ministry 
of Public Health (MOPH) Notification, No. … B.E. …. (....) Issued by virtue of the Food Act 
B.E. 2522 entitled "Food Products Containing Cannabidiol Extract" (3 page(s), in Thai)  
6. Description of content:  According to the Royal Thai Gover nment policy on promotion 
of cannabis and hemp as cash crops, especially cannabidiol extracts from cannabis or 
hemp that contain Tetrahydrocannabinol not exceed 0.2% by weight and comply with the 
certain criteria laid down by the Narcotic Substance Committ ee shall be exempted from 
the Notification of Ministry of Public Health for classification of narcotic substances in the 
Schedule V under the Narcotic Substances Law. Therefore, such cannabidiol extracts may 
be used in food, requiring that it shall abide b y the food law. Cannabidiol extracts are 
considered as novel food that shall be assessed safety for consumption as food piror place 
in the market as specified in Notification of the Ministry of Public Health (No.376) B.E.2559 
(2016) Re: Novel Food.  
By the  virtue of the article 5 and articles   6(1), (2), (4), (5), (6), (7), (8), (9) and (10) of 
the Food Act of 1979 (B.E.2522), the Minister of Public Health hereby issued the (draft) 
Notification as follows:  
Clause 1  – Food products containing cannabidiol extract shall be classified as the 
specifically controlled food.  
Clause 2  – In this Notification, the following terms are defined:  
"Cannabidiol extract" means Cannabidiol extracted from cannabis plant ( Cannabis indic a 
or Cannabis sativa  L.) that contains tetrahydrocannabinol not exceed 0.2% by weight  
Clause 3  – Cannabidiol extract shall comply with the following quality and safety 
requirements:  
(1) Amount of cannabidiol shall not less than 30% by weight  
(2) Amount of tetrahydrocannabinol shall not exceed 0.2% by weight  G/TBT/N/THA/623  
 
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  (3) May contain or mix with other ingredients as processing aid which shall not be a threat 
to health.  
(4) Use of food additives including extraction solvents shall comply with the Notification 
of MOPH regarding food additives.    
(5) Pesticide residues shall not exceed the maximum limits as specified in the Notification 
of MOPH regarding food containing pesticide residues  
(6) Chemical contaminants shall not exceed the maximum limits as specified in the 
Notification of MOPH regarding standards for contaminants in food  
(7) Pathogenic microorganisms shall comply with the Notification of MOPH regarding 
prescribing the quality or standard, principles, conditions and methods of analysis for 
pathogenic microorga nisms in foods.  
Clause 4  – Use of cannabidiol extract as ingredient in food shall comply with the 
requirements specified in the Annex of this draft notification.  
Clause 5  – Food products containing cannabidiol extract shall be complied with the 
following q uality and safety requirements:  
(1) Amount of cannabidiol and tetrahydrocannabinol and analytical methods shall comply 
with the requirements specified in the Annex of this draft notification.  
(2) Pesticide residues shall not exceed the maximum limits as sp ecified in the Notification 
of MOPH regarding food containing pesticide residues.  
(3) Chemical contaminants shall not exceed the maximum limits as specified in the 
Notification of MOPH regarding standards for contaminants in food.  
(4) Pathogenic microorgan isms shall comply with the Notification of MOPH regarding 
prescribing the quality or standard, principles, conditions and methods of analysis for 
pathogenic microorganisms in foods.  
(5) Other qualities or standards for some particular food items shall comp ly with relevant 
the Notification of MOPH as the case may be  
Clause 6  – Manufacturers who produce food products containing cannabidiol extract shall 
legally obtain cannabidiol extract and control production process in compliance with the 
Notification of M OPH regarding Food Production Processes, Processing Equipment/Utensils 
and Storage Practices.    
The manufacturers shall maintain records of stock or inventory of cannabidiol extract at 
their premises.  
Clause 7  – The use of food additive in food products c ontaining cannabidiol extract shall 
follow the Notification of MOPH regarding food additives in which type and conditions of 
use are prescribed.  
Clause 8  – The use of containers of food products containing cannabidiol extract shall 
comply with the Notifica tion of MOPH regarding food packaging.  
Clause 9  – Labelling of food products that contain cannabidiol extract shall comply with 
the MOPH Notification regarding labelling of packaged foods. In addition, some food items 
shall comply with the Notification of MOPH regarding specific requirements on labelling 
for particular food items, as the case may be  
Clause 10  –  The following statements shall be displayed on a label of a food product 
containing cannabidiol extract:  
(1) "WARNING" by letters not less than 1. 5 mm that placed in a rectangular frame which 
frame colour be contrast to background colour of the label.  
(2) "Children, pregnant women and breastfeeding women should not consume"  
(3) "If getting abnormal symptoms, stop consuming immediately"  
(4) "THC - or CBD - Hypersensitive person should be aware of allergic reaction"  
(5) "May cause drowsiness, avoid driving or operate heavy equipment"  G/TBT/N/THA/623  
 
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  (6) Name of food shall be declared by having statement of "Cannabidiol extract" or 
"Cannabidiol" or "CBD" or other similar statement as a part of name or appeared together.  
(7) Other me ssages prescribed by the Minister of Public Health shall be displayed, if any  
Clause 11  – Nutrition claims for food products containing cannabidiol extract shall comply 
with the Notification of MOPH regarding nutrition labelling.  
Clause 12  – Health claims for food products containing cannabidiol extract shall comply 
with the Notification of MOPH regarding health claim.  
Clause 13  – This notification shall enter into force as from the day following the date of 
its publication in the Government Gazette.  
This draft Ministry of Public Health Notification was also notified under the SPS 
Notification.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Consumer information, labelling  
8. Relevant documents:   
-         The Notification of the Ministry of Public Health regarding Food Containing Pesticide 
Residues  
-         -The Notification of the Ministry of Public Health regarding Standard of Foods 
contained contaminants;  
-         The Notification of the Min istry of Public Health regarding Standards for Pathogenic 
Microorganisms in Food;  
-         The Notification of the Ministry of Public Health regarding Production processes, 
production equipment and foods storages;  
-         The Notification of the Ministr y of Public Health regarding Food additives;  
-         The Notification of the Ministry of Public Health regarding Containers;  
-         The Notification of the Ministry of Public Health regarding Labeling of Prepackaged 
Foods.  
-  The Notification of the M inistry of Public Health regarding Nutrition labeling   
9. Proposed date of adoption:  To be determined.  
Proposed date of entry into force:  On the date after being notified in the Official 
Gazette.  
10. Final date for comments:  30 days from notification; 30 days from the date of circulation 
of the notification  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
National Bureau of Agricultural Commodity and Food Standards (ACFS)  
50 Phaholyothin Road, Ladyao  
Chatuchak, Bangkok 10900; Thailand  
Tel: +(662) 561 4204  
Fax: +(662) 561 4034  
E-mail: spsthailand@gmail.com   
Websites: http://www.acfs.go.th  
 http://www.spsthailand.net/  
https://members.wto.org/crnattachments/2021 /TBT/THA/21_4135_00_x.pdf