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SPECIAL TALK BY FDA
                                                                                            SPECIAL TALK BY FDA
                                                    The use of agricultural hazardous substances during crop cultivation
                                                    or storage, in addition to the possible contamination thereof in human
                                                    food, has presently been detected. The Food and Drug Administration,
                                                    therefore,  issued  the  Notification  of  the  Ministry  of  Public  Health
                                                    (No.387) B.E.2560 (2017) Re: Food Containing Pesticide Residues
                                                    where in the regulation on the allowable limit of pesticide residues in
                                                    food has been amended in order to appropriately respond to the current
                                                    situation and to ensure consumer safety and protection in the entire
                                                    chain through the agricultural hazardous substance control systems,
                                                    which are expected to be grouped under the same national standard.
                                                    The detail of the notifications is summarized as follows;

           The Most Recently Enforced Food Regulations

           Notification of the Ministry of Public Health No.387 B.E.2560 (2017) Re:
           Food Containing Pesticide Residues (Pesticide Residues in Food)



             The Notification of the Ministry of Public Health Re: Food Containing
                                      th
          1Pesticide Residues, dated the 14  April B.E.2554 (2011) and the   The guidelines to determine the pesticide residue limits in food can
          Notification of the Ministry of Public Health (No.361) B.E.2556 (2013)   4be summarized as per Diagram 1 with the following details:
                                                                      4.1 Food shall not contain any pesticide defined as Hazardous
                                                        th
          Re: Food Containing Pesticide Residues (No.2), dated the 6 August
          B.E.2556 (2013), shall be repealed.                      Substances Type  4  that  prohibited  hazardous  substances  to  be
                                                                   produced, imported, sold or possessed under the Hazardous Substance
             To revise and add definitions for clearer meaning and wider coverage   Act B.E.2535 (1992) and Hazardous Substance Act, B.E.2551 (2008).
          2as follows:                                             As 82 substances listed in Annex 1 of this Notification
             “Pesticide Residue” means any specified substance in food resulting   4.2 Detected pesticide residues in food shall be complied with
          from the use of a pesticide. The term includes any derivatives of a   standard, as the case may be.
          pesticide, such as conversion products, metabolites, reaction products,      (1) In case of agricultural hazardous substances with MRL, the
          and impurities considered to be of toxicological significance         detected pesticide residues in food shall not exceed the
             “Pesticide” means any substance intended for preventing, destroying,         specified limits in accordance with the following conditions:
          attracting, repelling, or controlling any pest including unwanted species         (1.1)  Shall not exceed MRL specified in Annex 2 of this
          of plants or animals during the production, storage, transport, distribution,            Notification.
          or processing of food, or which may bead ministered to animals for the         (1.2)  If  the  types  of  agricultural  hazardous  substances
          control of ectoparasites. The term includes substances intended for use            or food are not specified in Annex 2 of this Notification,
          as a plant-growth regulator, defoliant, desiccant, fruit thinning agent,            the detected pesticide residues in food shall not
          or sprouting inhibitor and substances applied to crops either before or            exceed the limits recommended by Codex Alimentarius
          after harvest to protect the commodity from deterioration during storage            Commission,  Joint  FAO/WHO  Food  Standards
          and transport. The term normally excludes fertilizers, plant and animal            Programme (http://www.fao.org/fao-who-
          nutrients, food additives, feed additives and veterinary drug.           codexalimentarius/standards/pestres/en/)
             “Maximum Residue Limit; MRL” means the maximum concentration         (1.3)  When there are no MRL was specified in Annex 2 of
          of a pesticide residue in food arising from use of a pesticide. It is            this Notification and Codex pesticide database, the
          expressed in milligrams of pesticide residue per kilogram of the food           amount of pesticide residues in food shall not exceed
             “Extraneous Maximum Residue Limit; EMRL” means the maximum            the default limit as per the following conditions:
          concentration of a pesticide residue in food arising from the residues            (A)  Shall not exceed the default limit specified in Annex
          that contaminate in the environment including from the pesticides that               3 of this Notification. This condition applies to plant
          have been used before and then their uses have been banned in the       commodities only.
          country but, because of their persistent properties, the residues still exist            (B)  Shall not exceed 0.01 milligrams of residue per
          in the environment. It is expressed in milligrams of pesticide residue               kilogram of food. This condition applies to any
          per kilogram of the food                                                food other than plant commodities specified in
             “Default Limit” means the maximum concentration of a pesticide               Annex 3 of this Notification.
          residue in food for those pesticides which specific MRL is not set out. It      (2) The detected pesticide residues in food for aldrin, dieldrin,
          is expressed in milligrams of pesticide residue per kilogram of the food.        DDT, endrin, and heptachlor shall not exceed the Extraneous
             “Definition of Residues” means pesticide residue identified to analyse         Maximum Residue Limit (EMRL) specified in Annex 4 of this
          for compliance with MRLs established in this notification. This may be
          one or several types combined                                     Notification.
             “Type 4 Hazardous Substance” means the hazardous substance   The Analytical methods shall be as prescribed in Annex 5 of this
          which is not allowed to be produced, imported, exported or possessed   5Notification, as recommended guidelines for laboratory practice
          in accordance with the Notification of the Ministry of Industry on The
          List of Hazardous Substances issued under the Hazardous Substance   Enforcement Period: The Notification of the Ministry of Public Health
          Act B.E.2535 (1992) and Hazardous Substance Act, B.E.2551 (2008)  6No.387 B.E.2560 (2017) Re: Food Containing Pesticide Residues
                                                                   shall come into force on the 19 September B.E.2560 (2017).
                                                                                          th
             The types of food with Maximum Residue Limit (MRL) or Extraneous
          3Maximum Residue Limit (EMRL) include plants and vegetables,   Punitive Measures: Violators of the regulations stipulated in this
          fruits, meat, entrails, fat, milk, eggs, and oil. The plant commodities are  7Notification who sell food containing pesticide residues, which is
          defined in Thai Agricultural Standard TAS 9045-2016 Classification of   considered to be a substandard food according to Clause 28 of Food
          agricultural products: Plants and the latest revision, in which agricultural   Act B.E.2522 (1979), shall be subject to fine of not more than THB
          commodities are classified into the following 5 main categories:  50,000, or violators shall be subject to fine of not more than THB 20,000
             Category 1 Fruits                                     and/or imprisonment for any period not exceeding 2 years since such
             Category 2 Vegetables                                 food is classified asimpure food according to Clause 26(1) of Food
             Category 3 Cereals and other grass family plants      Act B.E.2522 (1979).
             Category 4 Nuts and seeds
             Category 5 Herbs and spices
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