G/TBT/N/THA/690  
17 November 2022  
(22-8560) Page: 1/2 
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:   
The Office of 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 a bove:   
- 
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Kratom 
leaves or food containing kratom leaves as raw materials or ingredients  
5. Title, number of pages and language(s) of the notified document:  Draft MOPH 
Notification, B.E, entitled "Re: Criteria and method for posting a notice or informi ng the 
purchaser about rules of prohibition to sell kratom leaves or food containing kratom leaves 
as raw materials or ingredients to legally protected persons"; (1 page(s), in Thai)  
6. Description of content:  The Ministry of Public Health (MOPH) is propo sing to revise the 
MOPH Notification concerning " Re: Criteria and method for posting a notice or informing 
the purchaser about rules of prohibition to sell kratom leaves or food containing kratom 
leaves as raw materials or ingredients to legally protected  persons " as follows:  
1. Clause 3 A seller of Kratom leaves or food containing kratom leaves as raw materials 
or ingredients shall have a duty to post a notice or to give information at the selling place 
about rules of prohibition to sell to the person un der the first paragraph of Section 24 as 
the following:  
(a) to be posted at a conspicuous location, with appropriately size to the selling place.(b) 
Declaration of the post with statement of "Do not sell Kratom leaves or food containing 
Kratom leaves as ra w materials or ingredients to; (1) A person under eighteen years old; 
(2) A pregnant woman; (3) A lactating womanwhich evidence shall be checked before 
purchase"  
2. Clause 4 A seller of kratom leaves or food containing kratom leaves as raw materials 
or ing redients to be sold via electronic commerce or internet marketing shall display or 
inform a purchaser about rules of prohibition to sell to the person under the first 
paragraph Section 24 in the first phrase shall follow, mutatis mutandis as stated in Clau se 
3 
3. Clause 5 In case of sale of kratom leaves or food containing kratom leaves as raw 
materials or ingredients by methods or manners other than Clause 3 and Clause 4, a G/TBT/N/THA/690  
 
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  seller shall have a duty to inform a purchaser in by verbal or writing manners that the 
seller does not sell kratom leaves or food containing kratom leaves as raw materials or 
ingredients to a person under 18 years old, a pregnant woman and a lactating woman.  
4. This notification shall come into force as from the day following the date of its  
publication in the Thai Royal Gazette.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Consumer information, labelling  
8. Relevant documents:   
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9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  On the date after days from its publication in the 
Thai Royal Gazette.  
10. Final date for comments:  60 days from 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 4024  
Fax: +(662) 561 4034  
E-mail: spsthailand@gmail.com  
Websites: http://www.spsthailand.net/  
https://members.wto.org/crnattachments/2022/TBT/THA/22_7801_00_x.pdf