G/SPS/N/THA/327  
 
26 August 2020  
(20-5863) Page: 1/6 
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):  Hemp seed, hemp seed oil, hemp seed protein, and food supplement 
containing hemp seed, hemp seed oil, or hemp seed protein.  
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 "Hemp seed, hemp seed oil, 
hemp seed protein, and food supplement containing hemp seed, hemp seed oil, or hemp 
seed protein " . Language(s):  Thai. Number of pages:  8 
https://members.wto.org/crnattachments/2020/SPS/THA/20_5118_00_x.pdf  
6. Description of content:  Based on the government policy to promote hemp plant as 
economic crops by exemption some parts of hemp plant, mentioned in the Notification of 
Ministry of Public Health regarding the List of Narcotic Drug Schedule 5 under the Thai 
Narcotics Act B.E. 2522 (1979), especially non -viable hemp seed allowed to be used in 
food industries under Food Act B.E. 2522 (1979). The Ministry of Public Health (MOPH) 
considered the hemp seed, hemp seed oil that are allowed to  be used as food ingredient 
must follow the food  laws and fit purpose for human consumption. Therefore, the draft 
Notification of MOPH entitled "Hemp seed, hemp seed oil, hemp seed protein, and food 
supplement containing hemp seed, hemp seed oil, or hemp seed protein" has been issued 
as follows:  
Clause 1 - Hemp seed, hemp seed oil, hemp seed protein, and food supplement containing 
hemp seed, hemp seed oil, or hemp seed protein shall be a specifically controlled food.  
Clause 2 - For this notification, the following definitions are provided;  
"Hemp seed" me ans seed from hemp plant, of which the scientific name is Cannabis sativa  
L. subsp. sativa  
"Hemp seed oil" means glycerides of fatty acids obtained from hemp seed.  
"Hemp seed protein" means organic compounds, which are large molecules made of 
amino acids a nd can provide 4 calories of energy from 1 gram obtained from dehulled 
hemp seed or hemp seed meal after pressing hemp seed oil extraction.  
"Food supplement containing hemp seed, hemp seed oil, or hemp seed protein" means 
products taken for consumption ot her than conventional foods which contain hemp seed, 
hemp seed oil, or hemp seed protein as ingredients. Such products are in the forms of 
tablets, capsules, powders, flakes, liquids or other; which are not the same as the 
conventional foods. The Products are for consumers who expect the benefit of health 
promotion.  G/SPS/N/THA/327  
 
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  Clause 3 - Requirements for hemp seed  
1) Producers, importers, or sellers of viable hemp seed shall receive license for production, 
import, sale, or possession under the Ministerial Regulation r egarding Narcotic Drug 
Schedule 5 for hemp.  
2) Quality and standard of hemp seed used in food product shall be as follows:  
2.1) Shall be non -viable seed as required by the Notification of Ministry of Public Health 
regarding List of Narcotic Drug Schedule 5  under the Thai Narcotics Act B.E. 2522 
(1979);  
2.2) Contaminants shall not exceed the maximum limits as specified in the Notification 
of MOPH regarding standard of foods contained contaminants and as of the following 
requirements;  
(1) Cadmium shall not ex ceed 0.3 milligram per 1 kilogram of hemp seed on the 
dry weight basis.  
(2) Lead shall not exceed 10 milligrams per 1 kilogram of hemp seed on the dry 
weight basis.  
2.3) The following substances shall not exceed the specified limits;  
(1) Total Tetrahydrocannabinols (Total THC) shall not exceed 5 milligrams per 1 
kilogram of hemp seed on the dry weight basis.  
(2) Cannabidiol (CBD) shall not exceed 30 milligrams per 1 kilogram of hemp 
seed on the dry weight basis.  
The analytical method for Total T HC and CBD shall comply with rules and methods 
as described in the annex 1 of this notification  
2.4) Pesticide residues shall not exceed the maximum limits as specified in the 
Notification of MOPH regarding Food Containing Pesticide Residues  
3) Hemp seed w hich qualities and standards complied with this notification shall be 
allowed to be used for the production of hemp seed oil, hemp seed protein, or food 
supplement only. Use of hemp seed in other food shall be complied with relevant 
Notification issued by the Thai FDA.  
Clause 4 - Requirements for food premises of hemp seed oil or hemp seed protein or food 
supplement containing hemp seed  
1) Producers of hemp seed oil or hemp seed protein or food supplement containing hemp 
seed shall comply with the following  requirements as the case maybe;  
1.1) In case that viable hemp seed is processed to be non -viable hemp seed in the 
food premise, the producer shall receive license for possession under the regulations 
of Narcotic Drug Schedule 5 for hemp. In addition, the production of hemp seed oil or 
hemp seed protein shall be complied with the notification of Ministry of Public Health 
regarding Production Processes, Production Equipments, and Foods Storages.  
1.2) In case that non -viable hemp seed is directly used in the food premise, the 
production of hemp seed oil or hemp seed protein shall be complied with the 
notification of Ministry of Public Health regarding Production Processes, Production 
Equipments, and Foods Storages.  
Producers shall maintain records of hemp seed  oil quantity used in the production of 
hemp seed oil or hemp seed protein or food supplement containing hemp seed.  
Clause 5 - Requirements for hemp seed oil  
1) The production processes of hemp seed oil shall be a mechanical process by pressing 
or other me chanical process approved by Thai FDA, being purified by washing with water, 
setting, filtering or centrifuging.  
2) Quality and standard of hemp seed oil shall be as follows:  
2.1) Colour, odour and flavour inherent of that specific characteristics of hemp seed 
oil and free from foreign matter and rancid odour;  
2.2) Saponification value shall be 184 -205 mg KOH/g oil;  
2.3) Iodine value shall be 153 -167 by Wijs;  
2.4) Unsaponifiable Matter shall not exceed 15 g/ kg oil;  
2.5) Acid value s hall not exceed 4.0 mg KOH/g oil. In case of the acid value is 
expressed as percentage of free fatty acid, a conversion of percentage of free fatty 
acid to acid value shall comply with this requirement;  
2.6) Peroxide value shall not exceed 15 milliequivale nt of active oxygen/kg oil;  
2.7) Water and volatile matter at 105°C shall not exceed 0.2% m/m;  G/SPS/N/THA/327  
 
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  2.8) Soap content shall not exceed 0.005 % m/m;  
2.9) Insoluble impurities shall not exceed 0.05% m/m;  
2.10) Chemical and physical characteristics of hemp seed oi l shall be complied with 
requirements specified in this notification;  
2.11) Fatty acid composition of hemp seed oil shall be complied with requirements 
specified in Annex 2 of this notification. In case of different fatty acid composition with 
Annex 2, it shall be approved by Thai FDA;  
2.12) Contaminants shall not exceed the maximum limits as specified in the 
Notification of MOPH regarding standard of foods contained contaminants;  
2.13) The following substances shall not exceed the specified limits;  
(1) Tot al Tetrahydrocannabinols (Total THC) shall not exceed 10 milligrams per 1 
kilogram of hemp seed oil.  
(2) Cannabidiol (CBD) shall not exceed 75 milligrams per 1 kilogram of hemp 
seed oil.  
The analytical method for Total THC and CBD shall comply with rules a nd methods 
as described in the annex 1 of this notification  
(3) Free of mineral oil  
(4) Iron shall not exceed 5.0 milligrams per 1 kilogram of hemp seed oil.  
(5) Copper shall not exceed 0.4 milligrams per 1 kilogram of hemp seed oil.  
2.14) Pathogens shall not exceed the maximum limits as specified in the Notification 
of Ministry of Public Health regarding Standards of Pathogenic Microorganisms in Food;  
2.15) Food additives, containers, and labelling for hemp seed oil shall be complied with 
the relevant Notifications of Ministry of Public Health.  
3) Hemp seed oil which qualities and standards complied with this notification shall be 
allowed to use as an ingredient in food supplement only. Use of hemp seed oil in other 
food shall be approved by Th ai FDA.  
Clause 6 - Requirements for hemp seed protein  
1) The production processes of hemp seed protein shall be a mechanical process or 
chemical process for separating protein from dehulled hemp seed oil or hemp seed meal 
as by -product of hemp seed oil pro duction, and being milled to be powder form.  
2) Quality and standard of hemp seed protein shall be as follows:  
2.1) Colour, odour and flavour inherent of that specific characteristics of hemp seed 
protein and free from foreign matter;  
2.2) Moisture not mor e than 10%;  
2.3) Protein content shall be followed as the case maybe;  
(1) not less than 30% in the case of protein from hemp seed or hemp seed meal  
(2) not less than 65% in the case of hemp seed protein concentrate  
(3) More than 90% in the case of hemp see d protein isolate  
2.4) Contaminants shall not exceed the maximum limits as specified in the Notification 
of MOPH regarding standard of foods contained contaminants;  
2.5) Following substances shall not exceed requirements;  
(1) Total Tetrahydrocannabinols (T otal THC) shall not exceed 5 milligrams per 1 
kilogram and Cannabidiol (CBD) shall not exceed 30 milligrams per 1 kilogram of 
hemp seed protein in the case of protein from hemp seed or hemp seed meal.  
(2) Total Tetrahydrocannabinols (Total THC) and Cannabi diol (CBD) shall not 
detect in the case of hemp seed protein concentrate and hemp seed protein isolate  
The analytical method for Total THC and CBD shall comply with rules and methods 
as described in the annex 1 of this notification  
2.6) Pathogens shall not  exceed the maximum limits as specified in the Notification of 
Ministry of Public Health regarding Standards of Pathogenic Microorganisms in Food;  
2.7) Food additives, containers, and labelling for hemp seed protein shall be complied 
with the relevant Noti fications of Ministry of Public Health  
3) Hemp seed protein which qualities and standards complied with this notification shall 
be allowed to use as an ingredient in food supplement only. Use of hemp seed protein in 
other food shall be approved by Thai FDA . 
Clause 7 - Requirements for food supplement containing hemp seed, hemp seed oil, or 
hemp seed protein.  
1) Quality and standard of food supplement containing hemp seed, hemp seed oil, or 
hemp seed protein shall be as follows:  G/SPS/N/THA/327  
 
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  1.1) Active ingredient shall be followed as the case maybe;  
(1) Hemp seed shall comply with quality and standard specified in this 
notification; and the quantity present in the food supplement shall be according 
to the permitted of the authority  
(2) Hemp seed oil shal l comply with quality and standard specified in this 
notification; and the quantity present in the food supplement shall be according 
to the permitted of the authority  
(3) Hemp seed protein shall comply with quality and standard specified in this 
notificat ion; and the quantity present in the food supplement shall be according 
to the permitted of the authority  
1.2) Contaminants shall not exceed the maximum limits as specified in the Notification 
of MOPH regarding standard of foods contained contaminants;  
1.3) Following substances shall not exceed requirements;  
(1) Total Tetrahydrocannabinols (Total THC) shall not exceed 5 milligrams per 
1 kilogram of food.  
(2) Cannabidiol (CBD) shall not exceed 30 milligrams per 1 kilogram of food.  
The analytical method for Total THC and CBD shall comply with rules and methods 
as described in the annex 1 of this notification  
1.4) Pathogen shall be detected not more than following limits;  
(1) Staphylococcus aureus shall not be detected in 0.1 gram of food  
(2) Clostridium  spp. shall not be detected in 0.1 gram of food  
(3) Escherichia coli shall be detected less than 3 per 1 gram of food by Most 
Probable Number method.  
1.5) Production, food additive and package for food supplement containing hemp seed, 
hemp seed oil, or hemp seed protein shall be complied with relevant Notifications of 
Ministry of Public Health;  
2) Labelling of food supplement containing hemp seed, hemp seed oil, or hemp seed 
protein shall be complied with the Notification of Ministry of Public Health regarding 
labelling of prepackaged foods, and the following requirements as the case maybe:  
2.1) Names of food, "food supplements" shall be displayed as a part of, or 
accompanying with the name.  
2.2) Food supplement quantities shall be expressed as the cas e may be, as follows:  
(1) Food supplement in form of tablets or capsules expressed as the number 
per pack.  
(2) Food supplement in form of liquid expressed as net volume.  
(3) Food supplement in form of solid or others expressed as net weight.  
2.3) Name and quantity of main ingredients of food supplement in descending orders;  
2.4) Following statements with obvious letters shall be declared;  
(1) "This product provides omega -6 fatty acid, namely Linoleic acid and omega -3 
fatty acid, namely Gamma -Linolenic Acid.  One capsule contains hemp seed 
oil…(specify).. milligrams consisting of Linoleic acid …(specify).. milligrams, 
Gamma -Linolenic Acid …(specify).. milligrams" in the case that hemp seed or 
hemp seed oil is used as the active ingredient.  
(2) "Should eat vari eties of five categories of food in an appropriate proportion"  
(3) "Warning" by letters not less than 1.5 mm in a rectangular frame, with the 
frame colour in contrast to the  label background  
(4) "Children, pregnant women, and breastfeeding women should no t consume"  
(5) "If getting irregular symptoms, stop eating immediately"  
(6) "May contain THC and CBD substance, allergic person or person with 
hypersensitivity to these substances shall be aware"  
(7) "No effect for prevention or cure of diseases" with bol d letter which colour of 
the letters contrast with background frame.  
(8) "Information for food allergy: contain protein from hemp seed" in the case 
that hemp seed or hemp seed protein is an ingredient in the food.  
(9) Other statements specified by Thai FDA  
3) Nutrition claims for food supplement containing hemp seed, hemp seed oil, or hemp 
seed protein shall be complied with the Notification of Ministry of Public Health regarding 
nutrition labelling.  
4) Health claim for food supplement containing hemp seed,  hemp seed oil, or hemp seed 
protein shall be complied with the Notification of Ministry of Public Health regarding health 
claim.  G/SPS/N/THA/327  
 
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  Clause 8 - Any claim regarding type or quantity of total THC and CBD substances including 
health claims related to total THC and CDB substances in food shall be prohibited.  
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 th e 
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 conform to the relevant international standard?  
[ ] Yes   [  ] No 
If no, describe, whenever possible, how and why it deviates from t he 
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 
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 Food additives;  
− The Notification of the Ministry of Public Health regarding 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 date after being notified in the Official Gazette.  
[ ] Trade facilitating measure   
12. Final date for comments: [X]  Sixty days from the date of circulation of the 
notification and/or (dd/mm/yy) : 25 October 2020  G/SPS/N/THA/327  
 
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  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/