. /.  WORLD TRADE  
ORGANIZATION  G/SPS/N/THA/124 
7 January 2005 
 (05-0079) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
NOTIFICATION  
 
1. Member to Agreement notifying:   THAILAND
 
If applicable, name of local government involved: 
2. Agency responsible:   The Office of Food and Drug Administration (Thai FDA) 
3. Products covered (provide tariff item numbe r(s) as specified in national schedules 
deposited with the WTO; ICS numbers should be provided in addition, where 
applicable):  All foods. 
4. Regions or countries likely to be affected, to the extent relevant or practicable:  All 
countries  
5. Title, language and number of pages of the notified document:   Draft Notification of the 
Ministry of Public Health (MOPH) entitled "The Residual Toxic Substances in Foods" 
(9 pages in Thai). 
6. Description of content:  The MOPH is proposing to revok e the provisions on the residual 
toxic substances in foods whereas the MOPH  Notification No. 169, B.E. 2538 (1995) dated 
28 April B.E. 2538 is repealed and new provisions are proposed as follows: 
1.  Definition 
The Residual Toxic Substances  mean Toxic Substances in Agriculture including their 
derivatives in different forms,  i.e. conversion products, metabo lites, reaction products, or any 
other toxic extraneous matter in such su bstances which are c ontaminated in foods. 
Toxic Substances in Agriculture  mean Substances purposively applied to prevent, destroy, 
lure, repel or control pests and animals or una ttended plants and animals during cultivation, 
storage, transportation, distribution, or selling as well as applied to control ectoparasites in 
animals and to control plant growth, i.e., defo liaged, defruiting, inhibited young leaves, or 
substances applied in pre- and post-harvested plant products to prevent deterioration during 
storage and transportation;  but not including thos e substances applied as fertilizer, nutritious 
substance for plants and animals, food additives and veterinary drugs. 
2.  As regards residual toxic substances in foods, the following standards must be complied 
with: 
 2.1 The toxic substances in agriculture which MRLs are applied must be of those 
officially registered and the established Maximum Residue Limit:  MRLs are provided for in the Annex 1 of  this MOPH notification; 
 2.2 The tolerances of those toxic substa nces in agriculture which are officially 
prohibited under the Notification of Mini stry of Agriculture and Cooperatives 
(MOAC) are not permitted, except for the established Extraneous Maximum Residue Limit:  EMRL as provided for in the Annex 2 of this MOPH notification; G/SPS/N/THA/124 
Page 2  
 
 2.3 In cases other than 2.1 and 2.2, the residual toxic substances must be complied with 
the established MRLs set forth by Co dex Alimentarious Commission, Joint 
FAO/WHO Food Standard Programme. 
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. International standard, guideline or recommendation:  
[ X ] Codex Alimentarius Commission, [   ] World Organization for Animal Health 
(OIE), [   ] International Plant Protection Convention, [   ] None  
If an international standard, guideline or recommendation exists, give the appropriate 
reference and briefly identify deviations:    
9. Relevant documents and language(s ) in which these are available:  Not available 
10. Proposed date of adoption:   To be determined 
11. Proposed date of entry into force:   This notification shall be effective 90 days after being 
notified in the National Gazette. 
12. Final date for comments:  60 days after notification date to WTO Members. 
Agency or authority designated to handle comments:  [ X ] National notification 
authority, [ X ] National enquiry point, or  address, fax number and E-mail address (if 
available) of other body:    
National Bureau of Agricultural Co mmodity and Food Standards (ACFS) 
Division of Agricultural Commodity and Food Standards Policy 3 Ratchadamnern-Nok Avenue, Bangkok 10200 
Thailand 
Tel:  (662) 629 8970 Fax:  (662) 629 8978 Website:  www.acfs.go.th E-mail:  sps@acfs.go.th 
13. Texts available from:  [ X ] National notification authority, [ X ] National enquiry point, 
or address, fax number and E-mail address (if available) of other body: 
National Bureau of Agricultural Co mmodity and Food Standards (ACFS) 
Division of Agricultural Commodity and Food Standards Policy 3 Ratchadamnern-Nok Avenue, Bangkok 10200 Thailand Tel:  (662) 629 8970 
Fax:  (662) 629 8978 
Website:  www.acfs.go.th E-mail:  sps@acfs.go.th