G/SPS/N/THA/418  
 
15 June 2021  
(21-4891) Page: 1/4 
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 cannabidiol extract, beverage and food 
supplement containing cannabidiol extract  
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 "Food Products 
Containing Cannabidiol Extract" . Language(s):  Thai. Number of pages:  3 
https://members.wto.org/crnattachments/2021/SPS/THA/21_4128_00_x.pdf  
6. Description of content:  According to the Royal Thai Government policy on promotion of 
cannabis and hemp as cash crops, especially cannabidiol extracts from cannabis or hemp 
that contain tetrahydrocannabinol not exceed ing 0.2% by weight and comply with the 
certain criteria laid down by the Narcotic Substance Committee , shall be exempted from 
the Notification of the 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, with the requirement that it shall abide by the food l aw. Cannabidiol 
extracts are considered as novel food that shall be assessed  for safety of consumption as 
food prior to placement in the market as specified in the Notification of the Ministry of 
Public Health No.  376 B.E.  2559 (2016) Re: Novel Food.  
By virtue of 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 sh all be classified as specifically 
controlled food.  
Clause 2 - In this Notification, the following terms are defined:  
"Cannabidiol extract" means Cannabidiol extracted from cannabis plant ( Cannabis indica  or 
Cannabis sativa  L.) that contains tetrahydrocanna binol not exceed ing 0.2%  by weight.  
Clause 3 - Cannabidiol extract shall comply with the following quality and safety 
requirements:  
(1) Amount of cannabidiol shall not be less than 30% by weight;  
(2) Amount of tetrahydrocannabinol shall not exceed 0.2% by weight;  
(3) May contain or be mixed with other ingredients as a 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;  G/SPS/N/THA/418  
 
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  (5) Pesticide residues sh all 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 microorganisms in foods.  
Clause 4 - Use of cannabidiol extract as an ingredient in food shall comply with the 
requirements specified in the Annex of this draft notification.  
Clause 5 - Food products containing cannabidiol extract shall comply with the following 
quality 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 specified 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 microorganisms 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 comply with the 
relevant 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 MOPH 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 containing cannabidiol extract shall 
follow the Notification of M OPH 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 Notification of MOPH regarding food packaging.  
Clause 9 - Labelling of f ood 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 placed in a rectangular frame whose 
frame colour must be in contrast to the background  colour of the label;  
(2) "Children, pregnant women and breastfeeding women should not consume";  
(3) "If experiencing abnormal symptoms, stop consuming immediately";  
(4) "THC- or CBD -Hypersensitive  person should be aware of allergic reaction";  
(5) "May cause drowsiness, avoid driving or operating  heavy equipment";  
(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 messages prescribed by the Minister of Public Health shall be displayed, if any.  
Clause 11 - Nutrition claims for food products containing cannabidiol extra ct 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 e nter 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 TBT  Notification.  G/SPS/N/THA/418  
 
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  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.   
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 th is proposed regulation conform to the relevant international standard?  
[ ] Yes   [  ] No 
If no, describe, whenever possible, how and why it deviates from the 
international standard:   
9. Other relevant documents and language(s) in which these are available:   
− 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 Ministry 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 Ministry of Public Health regarding Food addi tives 
− The Notification of the Ministry of Public Health regarding Containers  
− The Notification of the Ministry of Public Health regarding Labe lling of Pre -packaged 
Foods  
− The Notification of the Ministry of Public Health regarding Nutrition label ling  
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 publication 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 authority 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/  G/SPS/N/THA/418  
 
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  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/