Vol. 134, Part 39 kor                         Government Gazette                                  5 April 2560  
  
TOBACCO PRODUCTS CONTROL ACT  
B.E. 2560 (2017)  
____________  
 
HIS MAJESTY KING MAHA VAJIRALONGKORN BODINDRADEBAYAVARANGKUN  
Given on the 2nd day of April B.E. 2560 (2017)  
Being the 2nd Year of the Present Reign  
 
His Majesty King Maha Vajiralongkorn Bodindradebayavarangkun is graciously pleased to 
proclaim that:  
Whereas it is expedient to revise the laws on the control of tobacco products and non -
smokers’ health protection.  
 Be it, the refore, enacted by His Majesty the King, by and with the advice and consent of 
the National Legislative Assembly, as follows:  
 
Section  1 This Act shall be referred to as  the “Toba cco Product s Control Act B.E. 2560 
(2017) ” 
 
Section  2 This Act shall enter into force after a period of 90 days from the date of 
announcement  in the Government Gazette.  
 
Section  3 The followings shall be repealed:  
(1) Tobacco Products Control Act  B.E. 2535  (1992)  
(2) Non -Smokers' Health Protection Act  B.E. 2535  (1992)  
 
Section  4 In this Act  
“Tobacco product ” means the product containing  tobacco leaves or Nicotiana tabacum , 
including any other product containing  nicotine to be used either by smoking,  sucking, inhaling , 
chew ing, eating, blowing or spraying into the mouth or nose , applying on skin,  or by  other means 
in order to obtain the same result.   Tobacco product excludes drug s under the law on drug . 
 "Business Operator " means manufacturer or importer of tob acco products, including 
those who obtain license to sell tobacco for wholesale  under the law on excise tax . 
 "Related  Person " means person or organization acting on behalf of business operator, 
association or club of tobacco growers, curers , traders; or the association or club of  tobacco 
products traders.  
 "Tobacco products dependence " means the condition where the body needs to consume 
tobacco products regularly and must be dependent  on such  tobacco products.  
 "Smoking " means an act which results in the production of  smoke or vapour from tobacco 
product or the possession of tobacco product while such product remits smoke or vapour.  
 "Non -smoking area " means an area where smoking is prohibited.  
 "Smoking area " means an area arranged for smoking, which is located in the  non-smoking 
area.  
“Package ” means a pack, carton or other packages used to wrap or contain tobacco  
products.  
“Advertising ” means an act undertaken by any means to allow the public to see, hear or  
be informed of a  message intended  for commercial interest.  
 "Marketing communication s" mean an act in various forms by advertising, publicizing, 
creating news, distributing news, conducting sale promotion, displaying at point of sale, Vol. 134, Part 39 kor                         Government Gazette                                  5 April 2560  
 conducting direct sale, selling or promoting sale by using specific person and  cyber  marketing , for 
the purpose of selling  goods  or service s or creat ing image.  
 "Message " includes letter, picture, cinematographic film, light, sound, sign or any act 
enabling the public to understand its meaning.  
 "Label " means a picture, design, paper or any other thing s showing  the message  relating 
to the goods  on the goods, container or package of goods, or inserted in or put together with the 
goods , container or package of goods, and includes a document or hand -book on usage attached 
to the goods . 
 "Sell" means to distribute, allot, give out, exchange or hand out for commercial benefit.  
 "Operator " means owner, manager or the person who is responsible for the operations in 
public area , workplace or vehicle which is a non -smoking area.  
 "Public Area " means the place where the general public has legitimacy to enter  either 
with or without invitation or gratuity payment.  
 "Workplace " means official  place, state enterprise, other state agency and place of 
business of the private sector or any location wher e persons work together under the criteria 
announced and prescribed by the Minister upon recommendation of  the Committee . 
 "Vehicle " means public vehicle or any other vehicle used to transport individuals . 
 "Committee " means the National Tobacco Products C ontrol Committee . 
 "Competent Officer " means the person appointed by the Minister for the execution of 
this Act.  
 "Minister " means the Minister taking charge of this Act.  
Section  5 The Minister of Public Health shall take charge of this Act and shall have the 
power to appoint competent officials and issue Ministerial Regulation s prescribing fees at not 
more than the rates attached to this Act and reducing or waiving fees as well as issuing Ministerial 
Regulations and Notifications  for the execution of this Act. 
Such Ministerial Regulation  and Notification  shall come into force upon announcement  in 
the Government Gazette . 
 
Chapter 1  
National Tobacco Products Control  Committee  
Section  6 There shall  be the Committee  referred to as  the " National  Tobacco Products 
Control Committee " consisting of : 
(1) the Minister  of Public Health  as Chairman  
(2) the Permanent Secretary of the Ministry of Public Health as Deputy Chairman  
(3) the members by position, totalling 12 persons: Permanent Secretary of the Ministry 
of Finance; the  Permanent Secretary of the Ministry of  Social Development and Human Security , 
Permanent Secretary of the Ministry of Tourism and Sports , the Permanent Secretary of the 
Ministry of Agriculture and Cooperatives, the Permanent Secretary of the Mi nistry of Commerce, 
the Permanent Secretary of the Ministry of Interior, the Permanent Secretary of the Ministry of 
Justice, the Permanent Secretary of the Ministry of Labour, the Permanent Secretary of the 
Ministry of Education, the Commissioner General o f the Royal Thai Police, the Secretary General 
of the National Health Security Office  and the Manager of the T hai Health Promotion Foundation  
(4) Five qualified members appointed by the Cabinet  from those who have the 
recognizable expertise and experience in medical, public health, legal , protection of the rights of Vol. 134, Part 39 kor                         Government Gazette                                  5 April 2560  
 women or children  and other fields which are useful in the control of tobacco products ( one 
member  from each field)  
(5) Four qualified members appointed by the Cabinet  from those nominated by the non -
profit private organizations which carry out activities concerning public health protection  (3 
member s) and public right and liberty protection (1 member ) 
The Director General of the Departme nt of Disease Control shall be a member and 
secretary.   The Director General of the Department of Disease Control shall appoint two officers 
from the Department of Disease Control who are responsible for tobacco products control works 
as assistant secretar ies. 
The acquisition of qualified members shall be in accordance with the criteria, procedures 
and conditions as announced and prescribed by the Minister.  
Section  7 The qualified members  shall have the following qualifications  and shall not have 
the following prohibited characte rs: 
(a) Qualifications:  
(1) having Thai nationality  
(2) Having completed their 35 th year  of age  
(b) Prohibited characters:  
(1) being or having been a bankrupt  
(2) being an incompet ent or quasi -incompetent person  
(3) having been imprisoned by the judgment of a court which is final, except 
for the offences committed  through negligence , minor offences  or libel offense  
(4) Having been dismissed, discharged  or forced to resign from public service, 
state agency or state enterprise due to m alfeasance, gross misconduct or deemed to have 
committed corruption and m isconduct in the public service  
(5) being a political official or being a director  or having held any position  
which is responsible for the management of political party , advisor to polit ical party or officer in  
political party  
(6) being a business  operator, related person  or interested person in tobacco 
products -related business either directly or indirectly  
(7) suffering from t obacco products dependence disease  
 
Section 8  The qualified members  shall hold office for a term of four  years  from the date of 
appointment  and may be re -appointed but shall not  hold office for more than two consecutive 
terms.  
Upon expiration of the term of office  under paragraph one , during the period when new 
qualified member  has not yet been appointed, the retiring qualified member  shall remain in office 
until the successor assume s the duties.  
If the office of the qualified member is vacated prior to expiration of the term  of office, 
the Cabinet  may appoint anot her person to hold such office.  If the remaining office of the said 
qualified member is less than 90 days, the Cabinet  may not appoint a replacement and therefore 
the Committee  shall comprise of the remaining members.  
 The appointed qualified member shall reta in office for the remaining duration of the  full 
term of the qualified member whom he replaces.  
 
Section  9 Apart from retirement upon expiration of the term of office, the qualified 
member  shall vacate  office  upon:  Vol. 134, Part 39 kor                         Government Gazette                                  5 April 2560  
 (1) death  
(2) resignation  
(3) termination  by the Cabinet  due to failure in the performance of duty or dishonest 
performance of duty, failure of good behaviour, or la ck of abil ity 
(4) lacking the qualification or having the prohibited characteristic under  Section 7 
 
Section  10 The Committee  shall have  the following power and duties:   
(1) to propose policies and strategic plans in relation to control of tobacco products, 
protection of non -smoker's health and treatment and health rehabilitation of those suffering from 
tobacco products dependence to the Cabinet  for consideration and approval  
(2) to prescribe measures in relation to control of tobacco products, protection of non -
smoker's health and treatment and health rehabilitation of those suffering from tobacco products 
dependence as well as give recommend ations, advices and coordinate with public sector, state 
agencies, state enterprises and private organizations in order to implement such measures  
(3) to give recommendation s or advice s to the Cabinet , the Bangkok Tobacco Products 
Control Committee , the Provincial Tobacco Products Control Committee s, public sector, state 
agencies, state enterprises, private organizations and competent officers about the execution of 
this Act  
(4) to give recommendation s or advice s about the issuance of Notification s for the 
execution of this Act  
(5) to monitor, assess results and examine the operations of the Bangkok Tobacco 
Products Control Committee  and the Provincial Tobacco Products Control Committee s in 
compliance with the policies and strategic plans under (1) and measures under (2) as well as 
prescribe criteria and procedures for r eporting such operation results  
(6) to prescribe criteria , procedures and conditions for fixing fines under this Act ; 
(7) to perform other acts as prescribed by law to be the power and duties of the 
Commi ttee or as assi gned by the Cabinet  or Minister  
 
Section  11 For the Committee  meeting, at least half of the Committee  members  shall 
form a quorum.  
If the Chairman of the Committee  is not present at the meeting or cannot perform his 
duty, the Vice -Chairman shall be the chairman  of the meeting. If there is no Vice -Chairman or the 
Vice -Chairman cannot perform his duty, the member s present at the meeting shall  elect one of 
the member s to be the chairman of the meeting.  
Decisions shall be made at the meeting upon majority vote. Each member  is entitled to 
one vote. In the event of a tied vote, the chairman of the meeting shall have  a casting vote.  
The Committee  meeting shall take place  at least twice a year.  
 
 Section  12 The Committee  shall have the power to appoint a sub -committee to consider 
or perform any matter as assigned by the Committee . 
The provisions of Section 11 shall apply to the meeting of the sub -committee  mutatis 
mutandis.  
 
Section  13 In the performance of duties under this Act, the Committee  and the sub -
committee s shall have the power to issue a written order to summon s any person to give facts or 
opinions or to submit document s or relevant information for consideration.  
 
Section  14 In the performance under this Act, the Committee  member o r sub-committee 
member shall be a competent officer under the Criminal Code.  Vol. 134, Part 39 kor                         Government Gazette                                  5 April 2560  
  
Section  15 The Department of Disease Control shall be the secretariat office being 
responsible for the general affairs of the Committee  and sub -committee s and shall have the 
following power  and duties:  
(1) to propose policies and strategic plans in relation to control of tobacco products, 
protection of non -smoker's health and treatment and health rehabilitation of those suffering from 
tobacco products dependence to the Committee , taking into account Thailand's existing 
international obligations  
(2) to carry out or support study, analysis and research on control of tobacco products, 
protection of non -smoker's health and treatment and health rehabilitation of those suffering from 
tobacco products depen dence  
(3) to serve as centre of information  on control of tobacco products, protection of non -
smoker's health and treatment and health rehabilitation of those suffering from toba cco products 
dependence  
(4) to coordinate, support and cooperate with the Bangkok Tobacco P roducts Control 
Committee , the Provincial Tobacco Products Control Committee s, public sector, state agencies, 
state enterprises, education institutions, international organizations and private organization 
about the execution of this Act as well as the pol icies and strategic plans under Section 10(1) a nd 
measures under Section 10(2)  
(5) to do any other act s as assigned by the Minister, the Committee  and sub -committee s 
or as prescribed by laws to be the power and duties of the Department of Disease C ontrol  
 
Chap ter 2  
Bangkok Tobacco Products Control Committee  
Section 16 There shall the Committee  referred to as  the "Bangkok Tobacco Products 
Control Committee " consisting of:  
(1) the Bangkok Governor  as Chairman  
(2) the Permanent Secretary  of the Bangkok Metropolitan Administration  (BMA) as 
Deputy Chairman  
(3) the members by position, totalling 1 6 persons: the Metropolitan Police 
Commissioner, the Director of the Primary Educational Service Area Office  and the Director of the 
Secondary Educational Service Area Office as assigned by the Secretary General of the Basic 
Education Commission, the Head of Excise Office -Bangkok Area as assigned by the Dir ector -
General of the Excise Department , the Director of the (Bangkok) Branch of the National Health 
Security Office, the Director of the BMA's Medical Service Department, the Director of the BMA's  
Education Department, the Director of the BMA's Social Deve lopment Department, the Director 
of the BMA's Culture, Sport and Tourism Department, the Director of the BMA's City Law 
Enforcement Department, the Director of the BMA's Health Department, the Director of the 
BMA's Public Relation Division,  the representat ive of the Disease Control Department, the 
representative of the Office of the Higher Education Commission, the representative of the Office 
of the Vocational Education Commission and the representative of the Office of the Private 
Education Commission  
(4) Six qualified members appointed by the Bangkok Governor from those who have the 
recognizable  knowledge,  expertise and experience in medical  or public health, legal, mass 
communications or  mass media, protection of the rights of women or children, protection o f Vol. 134, Part 39 kor                         Government Gazette                                  5 April 2560  
 public rights and liberty and  other fields which are useful for the protection of public health  (one 
person from each field)  
The Deputy Director of the  BMA's Health Department shall be  appointed by the Bangkok 
Governor to be  a member and secretary.  The Bangkok Governor shall appoint two officers from 
the BMA's Health Department as assistant secretaries.  
Section  17 For the criteria  and prohibited characters  of the qualified members under 
Section 16(4) , Section 7 shall apply mutatis mutandis . The appointment, office term and vacation 
from office shall be in accordance with the rules , procedures and conditions as announced and 
prescribed by the Committee . 
 
Section  18 The Bangkok Tobacco Products Control Committee  shall have the following 
power  and duties  in the Bangkok areas:   
(1) to enforce the laws on  control of tobacco products, protection of non -smoker's 
health and treatment and health rehabilitation of those suffering from tobacco products 
dependence  
(2) to act pursuant to the policies and strategic plans under Section 10(1) a nd measures 
under Section 10(2)  
(3) to prescribe the guidelines for performance, monitoring, assessment and 
examin ation of  the operations in respect of the monitoring and prevention of children and youth's 
access to tobacco  products, reduction and giving up on tobacco products consumption and 
protection of non -smoker's health and report the results to the Committee  
(4) to give recommendation s and coordinate with the public sector, state agencies, state 
enterprises and private or ganizations  about control of tobacco products, protection of non -
smoker's health and treatment and health rehabilitation of those suffering from tobacco products 
dependence  
(5) give opinions about the enforcement of laws and measures in respect of control of 
tobacco products, protection of non -smoker's health and treatment and health rehabilitation of 
those suffering from tobacco products dependence to the Committee  
(6) to perform other acts in relation to control of tobacco products, protection of non -
smoker's hea lth and treatment and health rehabilitation of those suffering from tobacco products 
dependence as  assigned by the Minister , Committee  or Bangkok Governor  
Section  19 The Bangkok Tobacco Products Control  Committee  may  appoint a sub -
committee to consider or perform any matter as assigned by the Bangkok Tobacco Products 
Control Committee . 
 
Section  20 The provisions of Sections 11, 13 and 14 shall apply to the meeting and 
performance of duties of the Bangkok Tobacco Produ cts Control Committee  and the Bangkok 
Tobacco Products Control Committee -appointed sub -committee mutatis mutandis.  
 
 
Chapter 3  
Provincial Tobacco Products Control Committee  
Section 21 There shall the Committee  called the " Provincial  Tobacco Products Control 
Committee " consisting of:  Vol. 134, Part 39 kor                         Government Gazette                                  5 April 2560  
 (1) the Provincial  Governor as Chairman  
(2) the Vice  Governor assigned by the Provincial Governor as Deputy Chairman  
(3) the members by position, totalling 1 3 persons: the Provincial Chief Public Prosecutor , 
the Deputy Provincial Governor, the Commander of Provincial Police , the Director of the 
Provincial Primary Educational Service Area Office  as assigned by the Secretary General of the 
Basic Education Commission,  the Director of the Secondary Educational Servic e Area Office  which 
is responsible for the provincial area s, the Director of the Office of Disease Prevention and Control 
which is responsible for the provincial area s, the Chief of the Provincial Social Development and 
Welfare Office, the Chief of the Pro vincial Public Relations Office, one Excise Officer in the area as 
appointed by the Provincial Governor, Director of the Branch of the National Health Security 
Office which is responsible for the provincial area s and 3 executives of the local administratio n 
organization (s) in the provincial area s as appoi nted by the Provincial Governor  
(4) Six qualified members appointed by the Provincial  Governor from those who have 
the recognizable knowledge, expertise and experience in medical or public health,  legal, mass 
communications or mass media, protection of the rights of women or children, protection of 
public rights and liberty and other fields which are useful for the protection of public health (1 
person from each field)  
The Provincial Public Health Chief shall be member and secretary.  The Provincial  
Governor shall appoint two officers from the Provincial Public Health Office  as assistant 
secretaries.  
Section  22 For the criteria  and prohibited characters of the qualified members under 
Section 21(4), Section  7 shall apply mutatis mutandis . The appointment, office term and vacation 
from office shall be in accordance with the criteria, procedures and conditions as announced and 
prescribed by the  Committee . 
 
Section  23 The Provincial  Tobacco Products Control Committee  shall have the following 
power  and duties in the provincial  areas:  
(1) to enforce the laws on control of tobacco products, protection of non -smoker's 
health and treatment and health rehabilitation of those suffering from tobacco products 
dependence  
(2) to act pursuant to the policies and strategic plans under Section 10(1) a nd measures 
under Section 10(2)  
(3) to prescribe the guidelines for performance, monitoring, assessment and 
examin ation of the operations in respect of the monitoring and prevention of children and youth's 
access to tobacco products, reduction and giving up on tobacco products consumption and 
protection of non -smoker's health and report the results to the Committee  
(4) to give rec ommendation s, advice s and coordinate with the public sector, state 
agencies, state enterprises and private organizations about control of tobacco products, 
protection of non -smoker's health and treatment and health rehabilitation of those suffering from 
tobacco products dependence  
(5) give opinions about the enforcement of laws and measures in respect of control of 
tobacco products, protection of non -smoker's health and treatment and health rehabilitation of 
those suffering from tobacco products dependence to t he Committee  
(6) to perform other acts in relation to control of tobacco products, protection of non -
smoker's health and treatment and health rehabilitation of those suffering from tobacco products 
dependence as assigned by the Minister, Committee  or Provincia l Governor  Vol. 134, Part 39 kor                         Government Gazette                                  5 April 2560  
  
Section  24 The Provincial  Tobacco Products Control Committee  may  appoint a sub -
committee to consider or perform any matter as assigned by the Provincial  Tobacco Products 
Control Committee . 
 
Section  25 The provisions of Sections 11, 13 and 14 shall apply to the meeting and 
performance of duties of the Provincial  Tobacco Products Control Committee  and the Provincial  
Tobacco Products Control Committee -appointed sub -committee mutatis mutandis.  
 
 
Chapter 4  
Control of Tobacco Products  
Section 26 No person shall be allowed to  sell or give tobacco  product to a person who 
does not  attain 20 full years of age.  
In case of doubt about the age of buyer or receiver of tobacco product, the seller or giver 
of tobacco p roduct shall ask the said person to first show national  identification card or other 
evidence of such person's age, as the case may be.  
No one shall assign, employ, ask or allow the person who is below 18 full years of age to 
sell or give tobacco product.  
 
Section 27 For the sale of tobacco products by retailer, the retailer shall be prohibited 
from doing any of the following act s: 
(1) to sell tobac co products by vending machines  
(2) to sell tobacco products through elect ronic media or computer network  
(3) to sell toba cco products outside the places stated in the Tobacco Sale s License  
(4) to sell tobacco products with the distribution, addition, gift of or exchange of tobacco 
product with other product, provision of service or othe r privilege, as the case may be  
(5) to sell tob acco product by acting in such a way to show the reduction of tobacco 
product price at the point of sale  
(6) to sell product or provide service with the distribution, addition, gift of or exchange  
with tobacco product, as the case may be  
(7) to hawk tobacco produc ts 
(8) to give or offer the right to attend game, show, service, lucky draw, prize contest or 
any other benefit as a consideration to the buyer of tobacco product or a person bringing package 
or label or anything relating to tobacco product for exchange or redemption therefor  
(9) to display prices of tobacco products at a point of sale in such a way as encouraging 
tobacco product consumpti on 
 
Section 28 No person shall be allowed to  distribute tobacco product  as a sample of  
the tobacco product s or to  make  such t obacco products  become widespread  or to p ersuade the  
public to consume such tobacco products.  
 
Section 29 No person shall sell tobacco products in the following places:  
(1) temple or place for pe rformance of religious ceremony  
(2) place for public health service and medical establishment under the law on medical 
establishment and drugstore under the law on drug  
(3)  education establishment unde r the law on national education  Vol. 134, Part 39 kor                         Government Gazette                                  5 April 2560  
 (4) publ ic park, zoo and amusement park  
(5) other places as prescribed  and announced by the Minister u pon recommendation of 
the Committee  
The Minister upon recommendation of the Committee  may announce and prescribe the 
distance from the places under paragraph one so that no tobacco product shall be sold within the 
said distance.  The sign or symbol shall be prepared to indicate the said prescribed area.  
 
Section 30  No person shall advertis e or conduct marketing communications of tobacco 
products.  
 
Section 31 No person shall display  the name or mark of tobacco products , name or mark 
of manufacturer or importer of tobacco products, or any other symbol or thing which make the 
general public un derstand that the name or mark belongs to tobacco products, manufacturer or 
importer of tobacco products in order to advertise tobacco products in the following cases:  
(1) in printed matter, tape or television material, movie, radio broadcast, radio  
television , electronic media, computer network sy stem or advertisement bill Committee  
(2) in theatre, movie theatre or show, game,  contest, competition, service provision  or 
any other activity  in the same nature  
(3) in any other media or location used for advertisement or ma rketing communications 
as prescribed and announced by the Minister u pon recommendation of the Committee  
 
Section 32  No person shall display the name or mark of tobacco products, name or mark 
of manufacturer or importer of tobacco products on any other product, which is not tobacco 
product, or cut, add the name or mark of tobacco products or alter the message  to be a pa rt of 
such product in order to advertise the name or mark of tobacco products or the name or mark of 
manufacturer or importer of tobacco products.  
No person shall import for sale, advertise or sell the product under paragraph one in the 
Kingdom.  
 
Section  33 No person shall advertise any product using the name or mark of tobacco 
products as the name or mark of such product, or advertise by cutting, adding the name or mark 
of tobacco products or altering the message  to be a part of the name or mark of such pr oduct in 
such a manner as may be understood to mean to advertise tobacco products.  
 
 Section 34  No person shall manufa cture, sell, import for sale or general distribution, 
advertise, or conduct marketing communication s the followings  in the Kingdom : 
(1) the pr oduct having such an appearance as to be understood as an imitation of 
tobacco product  
(2) the product to be consumed by way of smoking and that contains substance which is 
hazardous to health as prescribed and announced by the Minister u pon recommendation of the 
Committee  
(3) packag e of the product under (1) and (2)  
 
Section 35  No business operator and related person  shall sponsor or support person, 
group of persons, state agency or private organization in any of the following manner s: 
(1) to cre ate image of tobacco products, manufacturer  or importer of tobacco products  
(2) to effect or potentially effect the intervention of tobacco products control policy  
(3) to advertise tobacco products, manufacturer or importer of tobacco products  
(4) to promote tobacco c onsumption  Vol. 134, Part 39 kor                         Government Gazette                                  5 April 2560  
 The provisions of paragraph one shall not apply to the act among business operator s, 
related person s and those involved in the tobacco products manufacturing and trading process or 
donation or humanitarian aid in the event of severe disaster.  
No person shall disseminate  activity or news in order to publicise the activity under 
paragraphs one and two.  
 
Section 36  No tobacco products retailers shall display or consent to display tobacco 
products at the place of retail sale.  
The display of name an d price of tobacco products and the display of place of retail sale 
shall be in accordance with the criteria, procedures and conditions as prescribed and announced 
by the Minister upon recommendation of the Committee . 
Tobacco products retailer shall displa y the media for campaign for reduction and cutting 
down on tobacco products consumption which is prepared by the Ministry of Public Health in 
accordance with the criteria, procedures and conditions as prescribed and announced by the 
Minister upon recommend ation of the Committee . 
 
 Section 37  Tobacco products to be sold  in the Kingdom  shall have the components  and 
emission products  as prescribed in the Ministerial Regulation s. 
The manufacturer or importer of tobacco products under paragraph one shall have the 
duty to inform the  Ministry of Public Health of the particulars of compo nents  of the tobacco 
products and emission products  and send the sample of the tobacco products to the Ministry of 
Public Health for examination and disclos ure to the public as inf ormed in accordance with the 
criteria, procedures and conditions prescribed in the Ministerial Regulation s. 
In case where the components and emission products  of the  tobacco  product  under 
paragraph two  comply with the Ministerial Regulation s under paragrap h one, the Ministry of 
Public Health shall issue the certificate of registration and notification of the said components and 
emission products .  The certificate issuance, term and its replacement issuance shall be in 
accordance with the criteria, procedure s and conditions prescribed in the Ministerial Regulation s. 
In case where the components and emission products of the tobacco product under 
paragraph two do not comply with the Ministerial Regulation s under paragraph one , the Minister 
shall order prohibiti ng sale or import  or destr oying  such manufactured or imported tobacco 
product s and announce such order t o the public  for acknowledgement . 
The expense s arising from the examination of the compo nents  of toba cco products under 
paragraph two  or the destruction  or the announcement under paragraph four shall be borne by 
the manufacturer or importer of such tobacco products in accordance with the criteria, 
procedures and conditions prescribed in the Ministerial Regulation s. 
To protect the health , sanitation  and safety of the general public, the Ministerial 
Regulation s under paragraph one shall stipulate that the Minister may announce the criteria 
concerning technical and academic details and matters that must be changed swiftly.  
 
Section 38  The m anufacturer or importer of tobacco products for sale in the Kingdom 
shall arrange for the packag e of the tobacco products to be in the size, colour s, marks , label s and 
to exhibit trademarks, marks, pictures and message s in accordance with the criteria, procedures 
and conditions prescribed by the Minister upon recommendation of the Committee  before 
moving out of the manufacturing site or before importation into the Kingdom, as the case may be.  
No one shall sell tobacco products which are not in the packag e or which are in the 
package  not exhibiting  the trademarks, marks, pictures and message s as prescribed in paragraph 
one.  Vol. 134, Part 39 kor                         Government Gazette                                  5 April 2560  
 To protect the health , sanitation  and safety of the general public, the Committee  may 
consider whether it is appropriate to update  the prescriptions under paragraph one or not every 
two year from the date of this Act enforcement.  In case of necessity, the Committee  may 
consider updating  the said prescription s in a shorter timeframe.  
 
Section 39  No one shall manufacture or import tob acco products for sale in the Kingdom 
in the category of cigarette in the pack or packaging of less than 20 rolls.  
It is prohibited to sell by means of division of tobacco products in the category of 
cigarette.  
The sale of tobacco products in other categor ies shall be in accordance with the criteria, 
procedures and conditions prescribed by the Minister upon recommendation of the Committee . 
 
Section 40   Manufacture r or import er of  tobacco products for sale in the Kingdom shall 
have the duty to submit the inf ormation about the volume of manufacturing or importation into 
the Kingdom, marketing expenses, earnings and expenses under Section 35, annu al reports, 
balance sheet certified by the certified public accountant and other information which is useful 
for the  control of tobacco products to the Committee  in accordance with the criteria, procedures 
and conditions prescribed by the Minister upon recommendation of the Committee . 
 
 
Chapter 5  
Protection of Non -Smoker's Health  
Section 41  The Minister upon recommendation of the Committee  shall have the power to 
prescribe the types and names of public area s, workplaces and vehicles, any part thereof or the 
whole, as non -smoking areas.  
The Minister upon recommendation of the Committee  may pr escribe smoking areas 
within the non -smoking areas under paragraph one.  
 
Section 42  No one shall smoke in the non -smoking area, except in the smoking area 
designated under Section 41, paragraph two.  
 
 Section 43  After the Minister upon recommendation of th e Committee  designated any 
public area s, workplaces and vehicles as non -smoking areas , an operator  shall arrange for such 
places or vehicles to be in the following nature  or characteristics:  
(1) put up the non -smoking area sign which is clearly visible  
(2) contain  no eq uipment or facility for smoking  
(3) be in other nature and characteristics as prescribed by the Minister u pon 
recommendation of the Committee  
 
Section 44  In the smoking area designated as smoking area under Section 41, paragraph 
two, a n operator  may arrange for a smoking area to be in the following nature and characteristics:  
(1)  put up the smoking area sign which is clearly visible  
(2) not located in the entrance/exit area of the place or vehicle o r in any clearly visible 
and disclosed area  
(3) be in clear ly separated area , taking into account the proper ventilation,  and have no 
characte ristic which may disturb others  Vol. 134, Part 39 kor                         Government Gazette                                  5 April 2560  
 (4) exhibit the media for campaign for reduction and cutting down on tobacco products 
consumption as prescribed and announced by the Minister u pon recommendation of the 
Committee  
(5) be in other nature and characteristics as prescribed by the Minister u pon 
recommendation of the Committee  
 
 Section 45  The non -smoking sign under Section 43(1) or the smoking sign under Se ction 
44(1) arranged by a n operator  must be in accordance  with the characteristics and procedure as 
prescribed and announced by the Minister upon recommendation of the Committee . 
 
 Section 46  An operator  shall have the duty to publici se or warn that that place is a non -
smoking area and control, warn  or take any other act to prevent smoking in the non -smoking 
area.  
 In case a violator smoking in the non -smoking area, if a n operator  has acted appropriately 
under paragraph one, the operator  shall not be guilty.  
 
Chapter 5  
Competent Officers  
 Section 47  To perform in compliance with Chapter 4, a competent officer shall have the 
following power and duties:  
(1) to enter any place during sunrise and sunset or working hours of such place or enter  
any vehicle in order to search in case where t here i s a reasonable ground to  suspect that the 
offense  under  Chapter 4  has been committed  
(2) to take necessary  quantity of tobacco prod uct as a sample for inspection  
(3) to seize or attach tobacco products or other things, in whole or in part, which are 
directly  relating to the manufacturing, importation, sale or act which is the commission of offense 
under Chapter 4 a s evidence for case prosecution  
(4) to issue an inquiring letter or summon s any person to give statement or explanation, 
documents, information  or other items required for  the competent officer's  consideration  or case 
prosecution  
(5) to take pictures, cinematographic films , sound record s or collect any item s as 
evidence  
 
Section 48 To perform in compliance with Chapter 5, a competent officer shall ha ve the 
following power and duties:  
(1) to enter a  public  area  or workplace  during sunrise and sunset or working hours of 
such place for inspection  under Chapter 5  
(2) to stop or enter a vehicle for inspection per Chapter 5 where there i s a reasonable 
ground to suspect that an offense  has been committed  
(3) to issue an inquiring letter or summons any person to give statement or explanation, 
documents, information  or other items required for the competent officer's co nsideration or case 
prosecution  
(4) to demand national  identification card or other document s which contain  the name, 
address and picture of beholder for information record where an offense or there is a reasonable 
evidence that an offence under Chapter 5  has been committed  
(5) to take photographs, motion pictures  , sound records o r collect any items as evidence  Vol. 134, Part 39 kor                         Government Gazette                                  5 April 2560  
 (6) to issue a written order for fine payment for the offense committed under Chapter 5.  
The criteria, procedures and conditions for order issuance and order form shall be as prescribed 
and announced by the Mi nister upon recommendation of the Committee  
 
 Section  49 A competent officer  in any position or level shall have the power as prescribed 
in Sections 47 and 48, in whole or in part, or shall receive approval from any person before taking 
action.  The performance of duties and the qualifications of competent officers in each positio n or 
level shall be as announced and prescribed by the Minister.  In the performance of duties , an 
assignment paper shall be prepared for the assigned competent officer to carry and present to 
related person s. 
 
 Section 50  A related person  shall appropriat ely facilitate a competent officer in the 
performance of duties under Sections 47 and 48.  
 
 Section 51  In the performance of duties under this Act, a competent officer shall present 
an identity card to related person s. 
Such identity card shall be in accordance with the form prescribed and announced by the 
Minister . 
 
Section 52  In the performance of duties under this Act, a competent officer shall be the 
officer under the Penal Code.  
 
Chapter 6  
Penalties  
Section 53 Any person violating Section 26, paragraph one or paragraph three,  or Section 
27 (1), (2) or (3)  shall be subject to an  imprisonment not exceeding three  month s or a fine not 
exceeding THB 30,000  or both.  
 
Section 54 Any person violating Section 27 (4), (5 ), (6), (8) or (9) , Section 28 or Section 29 
shall be  subject to a fine not exceeding THB 40,000 . 
 
Section 55 Any person violating Section 27 (7) shall be subject to a fine not  exceeding THB 
20,000 . 
 
Section 56 Any person violating Section  30 or Section 31 shall be subject to an 
imprisonment not exceeding six months or a fine not exceeding THB 500,000 or both.  
If the offense under Section 30 or Section 31 is committed  by manufacturer , importer  or 
exporter of tobacco product s, advertisement m aker or marketing communications  maker, the 
penalty shall be an imprisonment not exceeding one year or a fine not exceeding  half of the 
expenses for advertisement or marketing communications  production, whereby the fine shall not 
be less than THB 1,500,000 , or both.  
In addition to the penalties under paragraph one and paragraph two, the violator shall be 
subject to a fine not exceeding THB 50,000 a day throughout the violation period or until the 
same is performed  correct ly. 
 
Section 57  Any person violating Section 32, paragraph one, shall be subject to a fine not 
exceeding THB 100,000.  Vol. 134, Part 39 kor                         Government Gazette                                  5 April 2560  
 Any person violating Section 32, paragraph two, shall be subject to a fine not exceeding 
THB 50,000.  
 
Section 58  Any person violating Section 33 shall be  subject to a fine not exceeding THB 
200,000.  
 
Section 59  Any person manufacturing, importing for sale or general distribution, 
advertising or conducting marketing communications of the product under Section 34 (1), (2) or 
(3) shall be subject to a fine no t exceeding THB 100,000.  
Any person selling the product under Section 34 (1), (2) or (3) shall be subject to a fine not 
exceeding THB 50,000.  
 
Section 60 Any business operator who violates Section 35, paragraph one, shall be subject 
to an imprisonment not exceeding one year or a fine not exceeding half of the expenses for 
carrying out such activity, whereby the fine shall not be less than THB 1,500,000, or both.  
In the case of the act under paragraph one was conducted by a contractor or any person 
assigned to act under Section 35, paragraph one, the penalty shall be the same as the business 
operator's under paragraph one.  
Any related person  who violates Section 35, paragraph one, shall be subject to an 
imprisonment not exceeding one year or a fine not exceed ing THB 500,000, or both.  
Any person violating Section 35, paragraph three, shall be subject to a fine not exceeding 
THB 500,000.  
 
Section 61 Any tobacco products retailer who violates Section 36, paragraph one, shall be 
subject to a fine not exceeding THB  40,000.  
Any tobacco products retailer who does not comply with Section 36, paragraph two and 
paragraph three, shall be subject to a fine not exceeding THB 5,000.  
 
Section 62 In case where the violator of Section 26, Section 28, Section 29, Section 32, 
Section 33 or Section 36, paragraph one, is the manufacturer or importer of tobacco products, the 
penalties shall be three times the penalties prescribed for such offense.  
 
Section 63 Any manufacturer or importer of tobacco products failing to inform the 
particulars , informing incomplete particulars or informing false particulars under Section 37, 
paragraph two, shall be subject to an imprisonment not exceeding six months or a fine not 
exceeding THB 200,000 or both.  
Any manufacturer or importer of tobacco products who violates the order prohibiting sale 
or import or destr oying tobacco products under Section 37, paragraph four, shall be subject to an 
imprisonment not exceeding one year or a fine not exceeding THB 500,000 or both.  
In case the person violating  the order prohibiting sale or import or dest roying tobacco 
products under Section 37, paragraph four, is not the manufacturer or importer of tobacco 
products, the penalties shall be a fine not exceeding THB 40,000.  
 
Section 64 Any person failing to comply  with Section 38, paragraph one, shall be subject 
to a fine not exceeding THB 200,000.  
Any person violating Section 38, paragraph two, shall be subject to a fine not exceeding  
THB 40,000.  
 Vol. 134, Part 39 kor                         Government Gazette                                  5 April 2560  
 Section 65 Any person violating Section 39, paragraph one, shall be  subject to a fine not 
exceeding THB 300,000.  
Any person violating Section 39, paragraph two, or failing to comply with Section 39, 
paragraph three, shall be subject to a fine not exceeding THB 40,000.  
 
Section 66  Any manufacturer or importer of tobacco pr oducts failing to submit the 
information or submitting incomplete information under Section 40 shall be subject to an 
imprisonment not exceeding six months or a fine not exceeding THB 100,000 or both.  
Any manufacturer or importer of tobacco products submit ting false information under 
Section 40 shall be subject to an imprisonment not exceeding one year or a fine not exceeding 
THB 200,000 or both.  
 
Section 67  Any person violating Section 42 shall be subject to a fine not exceeding THB 
5,000.  
 
Section 68  Any person failing to comply with Section 43 or Section 44 shall be subject to a 
fine not exceeding THB 50,000.  
 
Section 69  Any person failing to comply with Section 45 shall be subject to a fine not 
exceeding THB 5,000.  
 
Section 70  Any person failing to comply with Section 46, paragraph one, shall be subject 
to a fine not exceeding THB 3,000.  
 
Section 71 Any person obstructing o r failing to accord facilitation to an competent officer  
in the perform ance of  duties under Section 4 7 or Section 48  shall be subject to an imprisonment 
not exceeding one month or a fine not exceeding THB 10,000  or both.  
 
Section 72  Any person failing to pay the fine per the order issued by a competent officer 
under Section 48 (6) within a prescribed period wi thout reasonable ground shall be subject to a 
fine two times the fine under such order.  
 
Section 73  In the case where the offender is a juristic person, if the commission of offense 
by the said juristic person arises as a result of  an order or action  of a director or a manager or a 
person responsible for the operations of such juristic person, or in the case where such person 
has a duty to order or act and refrains from ordering or acting which causes such juristic person to 
commit an offense , such person s hall also be subject to the penalt ies prescrib ed for such offense.  
 
Section 7 4 For all the offenses under this Act which are subject to a fine only, the 
Committee  or the Committee -assigned person shall have the power to fix the amount of the fine 
per the r egulations prescribed by the Committee  and published in the Government Gazette.  
After the offender pays the fine in the fixed amount within the prescribed period, the 
case shall be deemed to be settled under the Criminal Procedure Code.  
 
 
Provisional Clauses  
 
Section 75  In the initial period, the National Tobacco Products Control Committee  shall 
comprise the directors under Section 6 (1), (2) and (3) and the Director -General of the Vol. 134, Part 39 kor                         Government Gazette                                  5 April 2560  
 Department of Disease Control shall be the director and secretary.  The y shall perform the duties 
of the National Tobacco Products Control Committee  until the qualified members under Section 6 
(4) and (5) are appointed but not beyond 120 days from the date of this Act enforcement.  The 
Director General of the Department of Di sease Control shall appoint two officers from the 
Department of Disease Control who are responsible for tobacco products control works as 
assistant secretaries.  
 
Section 76   In the initial period, the Bangkok  Tobacco Products Control Committee  shall 
compri se the directors under Section 16 (1), (2) and (3) and the Deputy Director of the BMA's 
Health Department shall be appointed by the Bangkok Governor to be a member and secretary .  
They shall perform the duties of the Bangkok  Tobacco Products Control Committee  until the 
qualified members under Section 16 (4) are appointed but not beyond 120 days from the date of 
this Act enforcement.  The Bangkok Governor shall appoint two officers from the BMA's Health 
Department as assistant secretaries.  
 
Section 77   In the initial period, the Provincial Tobacco Products Control Committee  shall 
comprise the directors under Section 21 (1), (2) and (3) and the Provincial Public Health Chief shall 
be member and secretary.  They shall perform the duties of the Provincial Tobacco Products 
Control Committee  until the qualified members under Section 21 (4) are appointed but not 
beyond 120 days from the date of this Act enforcement.  The Provincial Governor shall appoint 
two officers from the Provincial Public Health Office as  assistant secretaries.  
 
Section 78  The particulars of compo nents of the tobacco product  informed pursuant to 
the Tobacco Products Control Act B.E. 2535 prior to the date of this Act enforcement shall remain 
valid until its expiry date as stated in the Certificate of the Notified Particulars of Components  of 
Tobacco Products.  
 
Section 79  All Ministerial Regulations and Notifications issued under the Tobacco 
Products Control Act B.E. 2535 and the Non -Smokers' Health Protection Act B.E. 2535 enforced on 
the day prior to the date of this Act enforcement shall remain in force so long as they  do no t in 
conflict with or contradict to this Act until the Ministerial Regulations, Rules and Notifications 
issued under this Act come into force.  
 
The Ministerial Regulations, Rules and Notifications under this Act shall be completely 
issued within 1 year fro m the date of this Act enforcement.  Otherwise, the Minister shall report 
the grounds for such failure to the Cabinet . 
 
 
 
Countersigned by  
General Prayuth Chan -ocha  
Prime Minister  
 Vol. 134, Part 39 kor                         Government Gazette                                  5 April 2560  
 Fee Rates  
____________  
 
 
1. the certificate of registration and notification of the components  and emission products 
of the tobacco product                                                 THB 100,000 each  
2. the document issued in lieu of the certificate of registration and notification of the 
components and emission products of the tobacco product                     THB     2,000 each