G/SPS/N/THA/446  
 
27 September 2021  
(21-7182) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  NOTIFICATION  
1. Notifying Member:  THAILAND  
If applicable, name of local government involved:  - 
2. Agency responsible:  Food and Drug Administration (Thai FDA)  
3. Products covered (provide tariff item number(s) as specified in national 
schedules deposited with the WTO; ICS numbers should be provided in addition, 
where applicable):  Food products containing parts of Mitragyna speciosa  (Korth.) Havil  
4. Regions or countries likely to be affected, to the extent relevant or practicable : 
[X] All trading partners   
[ ] Specific regions or countries:   
5. Title 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 "Amendment of the 
Notification of the Ministry of Public Health (No. 424) B.E. 2564 (2021) Re: Prescribed 
Prohibited Food to be Produced, Imported, or Sold" . Language(s):  Thai and English . 
Number of pages:  1 and 1  
https://members.wto.org/crnattachments/2021/SPS/THA/21_6132_00_x.pdf  
6. Description of content:  Recently Mitragyna speciosa  (Korth.) Havil,  commonly known as 
"kratom,"  has been removed from the list of controlled narcotics in Schedule V under the 
Narcotics Act B.E. 2522 (1972) that was amended by the Narcotics Act (No. 8) B.E. 2564 
(2021), effectively decriminalizing the consumption, production, and possession of kratom, 
for any purpose and in any quantity or form.  
Food products containing kratom are considered as novel food under the Notification of the 
Ministry of Public Health (No. 376) B.E.2559 (2016) regarding novel food of which safety 
for consumption shal l be assessed prior to being sold in Thailand.  
By the virtue of the articles 5 and 6(8) of the Food Act of B.E. 2522 (1979), the Minister of 
Public Health hereby issued the (draft) Notification as follows:  
Clause 1 - According to the Annex of the Notificat ion of the Ministry of Public Health 
(No. 424) B.E. 2564 (2021) regarding the prescription of prohibited food to be produced, 
imported, or sold (published on 25 February 2021), Mitragyna speciosa  (Korth.) Havil. 
(Kratom) (whole plant) and its extract (item  No. 52) are prohibited from being produced, 
imported, or sold except those that safety for consumption as food is evaluated and the 
product label is submitted to the Food and Drug Administration for approval before use as 
prescribed in the Notification of  the Ministry of Public Health regarding Novel Food.  
Clause 2 - This notification shall enter into force from the day following the date of its 
publication in the Government Gazette.  
7. Objective and rationale: [X]  food safety, [  ] animal health, [  ] plant protection, 
[ ] protect humans from animal/plant pest or disease, [  ] protect territory from 
other damage from pests.   G/SPS/N/THA/446  
 
- 2 - 
 
  8. Is there a relevant international standard? If so, identify the standard:  
[ ] Codex Alimentarius Commission (e.g.  title or serial number of Codex 
standard or related text) :  
[ ] World Organization for Animal Health (OIE) (e.g.  Terrestrial or Aquatic 
Animal Health Code, chapter number) :  
[ ] International Plant Protection Convention (e.g.  ISPM number) :  
[X] None  
Does this proposed regulation conform to the relevant international standard?  
[ ] Yes   [  ] No 
If no, describe, whenever possible, how and why it deviates from the 
international stand ard:  
9. Other relevant documents and language(s) in which these are available:  
Notification of the Ministry of Public Health (No. 424) B.E. 2564 (2021) Re: Prescribed 
Prohibited Food to be Produced, Imported, or Sold.   
10. Proposed date of adoption (dd/mm/yy) : To be determined.  
Proposed date of publication (dd/mm/yy) : To be determined.  
11. Proposed date of entry into force: [  ] Six months from date of publication , and/or  
(dd/mm/yy) : On the day after the date of its publicat ion in the Government Gazette 
onward.  
[ ] Trade facilitating measure   
12. Final date for comments: [  ] Sixty days from the date of circulation of the 
notification and/or (dd/mm/yy) : 30 days from the date of circulation of the 
notification.  
Agency or autho rity designated to handle comments: [X]  National Notification 
Authority, [X]  National Enquiry Point. Address, fax number and e -mail address (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/  
13. Text(s) available from: [X]  National Notification Authority, [X]  National Enquiry 
Point. Address, fax number and e -mail address (if available) of other body:   
E-mail: spsthailand@gmail.com  
Websites:  http://www.acfs.go.th  
 http://www.spsthailand.net/