G/SPS/N/THA/334  
 
4 September 2020  
(20-6010) Page: 1/3 
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):  Tea infusion (HS code 0902; ICS code 67.140.10)  
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 Notification, (No. …) 
B.E….. Issued by virtue of the Food Act B.E. 2522 entitled "Tea infusion" . 
Language(s):  Thai. Number of pages:  26 
https://members.wto.org/crnattachments/2020/SPS/THA/20_5239_00_x.pdf  
6. Description of content:  The Ministry of Public Health (MOPH) considered the existing 
Notifications of Ministry of Public Health regarding tea infusion should be revised in order 
to update the list of plants and parts of plant used as ingredient for tea infusion as well 
as to lim it overlapping herbal products under the Herbal Product Act B.E. 2562 (2019) for 
more effective of consumer health protection and fair practice of trade.  
Clause 1 - The Notification of Ministry of Public Health (No. 280) B.E. 2547 (2004) Re: 
Herbal tea sha ll be repealed.  
Clause 2 - "Tea infusion" mean products from parts of plants that proceed by drying and 
maybe grinding in order to consume by boiling or infusing with hot water.  
Clause 3 - Plants and parts of plants allowed to be used in tea infusion shall  be in the list 
in the annex of this notification.  
Clause 4 - Tea infusion shall be of the following qualities or standards:  
1) The moisture content shall not be more than 10% by weight;  
2) Limits of pathogenic microorganisms shall be complied with the Notificat ion of 
Ministry of Public Health regarding standards for Pathogenic Microorganisms in 
Food;  
3) Limits of contaminants shall be complied with the Notification of Ministry of Public 
Health regarding standard of Foods contained contaminants;  
4) Limits of pesticide residues shall be complied with the Notification of Ministry of 
Public Health regarding food Containing Pesticide Residues;  
5) Tea fusion shall not contain any modern drugs or Psychotropic Substances or 
narcotics prescribed by the laws thereof, as the case ma y be; 
6) Use of food additives shall be complied with the Notification of Ministry of Public 
Health;  G/SPS/N/THA/334  
 
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  7) Tea fusion shall not be flavoured with other substances except those plants 
specified in the list annexed to this notification or leaves, tips, and young stem s 
of the plants in the Camellia Family;  
Clause 5 - Producers or Importers of tea infusion for sale shall follow Notification of the 
Ministry of Public Health regarding Production Processes, Production Equipments and Food 
Storages.  
Clause 6 - Use of contain ers for tea infusion shall be complied with the Notification of the 
Ministry of Public Health regarding containers.  
Clause 7 - Use of label for tea infusion shall be complied with the Notification of the 
Ministry of Public Health regarding Labelling of pre-packaged  foods. In addition, warning 
statement as listed in the annex of this notification shall be displayed.  
Clause 8 - Producers or importers of tea infusion for sales, whose permission issued prior 
to enforcement of this notification shall follow this  notification within 2 years after this 
notification comes into force as the case may be:  
1) Existing tea infusion in the list of the annex of this Notification that permitted 
under the Notification of Ministry of Public Health (No. 280) B.E. 2547 (2004) 
Re: Herbal tea;  
2) Existing tea infusion in the list of the annex of this Notification that permitted 
under the Notification of Ministry of Public Health regarding beverages in the 
sealed containers.  
Clause 9 - This notification shall come into force as from the day following date of its 
publication in the Government Gazette.  
This draft Ministry of Public Health Notification was also notified under the 
TBT Notification.  
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 this proposed regulation co nform 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:  
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 date after being notified in the O fficial Gazette.  
[ ] Trade facilitating measure   G/SPS/N/THA/334  
 
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  12. Final date for comments: [X]  Sixty days from the date of circulation of the 
notification and/or (dd/mm/yy) : 3 November 2020  
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/  
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/