G/SPS/N/THA/390  
 
5 May 2021  
(21-3824) 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 parts of cannabis and hemp  
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 
that Contain Cannabis or Hemp Parts" . Language(s):  Thai. Number of pages:  3 
https://members.wto.org/crnattachments/2021/SPS/THA/21_3044_00_x.pdf  
6. Description of content:  According to the Royal Thai Government policy on promotion 
of cannabis and hemp as the cash crops, some parts of cannabis and hemp that comply 
with the certain criteria laid down by the Narcotic Substance Committee shall be exempted 
from the Notification of Ministry of Public Health under the Narcotic Substances Law 
regarding classification of narcotic substances in the Schedule V. Therefore, such parts of 
cannabis and hemp may be used in food or other industries by requiring that cannabis 
and hemp used in  food industry shall abide by the food law and be used based upon the 
general purpose of food.  
By the virtue of article 5 and articles 6(1), 6(2), 6(4), 6(5), 6(6), 6(7), 6(8), 6(9) and 
6(10) of the Food Act of 1979 (B.E. 2522), the Minister of Public Heal th hereby issued the 
(draft) Notification as follows:  
Clause 1 - Food products that contain cannabis or hemp parts shall be classified as the 
Special Control Food.  
Clause 2 - In this Notification, the following terms are defined:  
− "Cannabis parts" mean the following parts of a cannabis plant ( Cannabis indica  or 
Cannabis sativa  L.) which exclusively produced in Thailand by the licence holders:  
(1) bark, stems, fibre, branches and roots ; 
(2) leaves without sugar leaves or inflorescent ; 
− "Hemp parts" mean the following parts of hemp plant ( Cannabis sativa  L. subsp. 
sativa ) which exclusively produced in Thailand by the licence holders:  
(1) bark, stems, fibre, branches and roots ; 
(2) leaves without sugar leaves or inflorescent ; 
− "Tetrahydrocannabinol (THC)" means delta-9-Tetrahydrocannabinol (∆9 -THC); 
− "Package" means an immediate container that is in direct contact with food products, 
excludes a container in which such immediate containers are contained or wrapped, 
if any.  G/SPS/N/THA/390  
 
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  Clause 3 - The following food products sha ll not be produced, imported or sold if contain 
cannabis or hemp parts:  
(1) foods for infant and young child ; 
(2) formula milk for infant and young child ; 
(3) food supplements for infant and young child ; 
(4) other foods prescribed by the Minister of Public Health . 
Clause 4 - Food products that contain cannabis or hemp parts shall possess qualities or 
standards as follows:  
(1) Tetrahydrocannabinol shall not exceed 1.6 milligrams per package ; 
(2) Cannabidiol shall not exceed 1.41 milligrams per package ; 
High Performance Liquid Chrom atography (HPLC) or higher sophisticated analytical 
methods shall be used for analysis of the substances prescribed in (1) and (2) above ; 
(3) Toxins shall not exceed the maximum limits laid down in the MOPH Notification 
regarding foods that contain toxins ; 
(4) Chemical contaminants shall not exceed the maximum limits laid down in the MOPH 
Notification regarding foods that contain contaminants ; 
(5) Pathogenic microorganisms shall be in compliance with the MOPH Notification 
regarding qualities or standards related to pathogenic microorganisms in foods ; 
(6) Other qualities or standards prescribed in the MOPH Notifications for some particular 
food items shall be complied as the case may be . 
Clause 5 - Manufactures who produce food products that contain cannabis or hemp parts  
shall perform legal acquirement of cannabis or hemp parts and control production process 
in compliance with the MOPH notification regarding Production Processes, Equipment and 
Storage of foods.  
The manufactures shall maintain records of stock or inventory  of cannabis and hemp parts 
at its premises.  
Clause 6 - Use of food additives in food products that contain cannabis or hemp parts 
shall comply with the MOPH Notification regarding food additives . 
Clause 7 - Use of food packaging to contain food products t hat contain cannabis or hemp 
parts shall comply with the MOPH Notification regarding food packaging . 
Clause 8 - Labelling of food products that contain cannabis or hemp parts shall comply 
with the MOPH Notification regarding labelling of packaged foods. In  addition, some food 
items shall comply with the MOPH Notifications regarding specific requirements on 
labelling for particular food items, as the case may be . 
Clause 9 - The following messages shall be displayed on a label of a food product that 
contain c annabis or hemp parts:  
(1) Message of "WARNING" with a size of not less than 1.5 millimetres that placed inside 
a square or rectangular text -box shall be displayed on a label. The text colour shall 
be contrast to background colour of the text box. Colour of bo rder of the text box 
shall be contrast to the label colour ; 
(2) Message of "Children, pregnant women and breastfeeding women should not 
consume" shall be displayed on a label ; 
(3) Message of "Immediately stop eating if getting adverse effects" shall be displayed o n 
a label ; 
(4) Message of "THC - or CBD -hypersensitive person should be aware of allergic reaction" 
shall be displayed on a label ; 
(5) Message of "May cause drowsiness, avoid driving or operate heavy equipment" shall 
be displayed on a label ; 
(6) Message of "Contains le ss than 1.6 milligrams of THC per package" shall be displayed 
on a label ; 
(7) Message of "Should not consume more than 2 packages per day" shall be displayed 
on a label ; 
(8) Message of "Cannabis" or "Hemp" or "precise parts of cannabis or hemp used" shall 
be displayed nearby the common name of food product or incorporated into the 
common name of product ; 
(9) Other messages prescribed by the Minister of Public Health shall be displ ayed, if any . G/SPS/N/THA/390  
 
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  Clause 10 - Nutrition claims for food products that contain cannabis or hemp parts shall 
comply with the MOPH Notification regarding nutrition labelling.  
Clause 11 - Health claims for food products that contain cannabis or hemp parts shall 
comply with the MOPH Notification regarding health claim.  
Clause 12 - This notification shall enter into force as from the day following the date of 
its publication in the Government Gazette onward.  
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 Cod e, 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 standard:   
9. Other relevant documents and language(s) in which these are available:   
− The Notification of the Ministry of Public Health regarding Standard of Foods containe d 
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 Food additives;  
− The Notification of the Ministry of Public Health regar ding Containers;  
− 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 Labeling of Prepackaged  
Foods.  
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   G/SPS/N/THA/390  
 
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  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. Add ress, 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/