Page 33 - FoodFocusThailand No.175 October 2020

SPECIAL TALK BY FDA

However, the manufacturer may not need to pay for laboratory - The Notification of the Ministry of Public Health No.413 B.E.2563
analysis when there is scientific evidence following an appropriate risk (2020), issued by virtue of the Food Act B.E.2522 (1979), Re: Amendment
assessment argue that it is very low risk to contaminate in that food. of Multiple Notifications of the Ministry of Public Health Prescribing
(3.2) Where no specific MLs for finished food product or ingredient Standards for Food Contaminants was published in the Royal Thai
have been established in the Annex I, MLs must comply with the MLs Government Gazette – Announcement and General Affairs, Vol.137,
laid down in the latest version of Codex General Standard for Special Part 118 D – on the 20 of May of B.E.2563 (2020) and shall
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Contaminants and Toxins in Food and Feed (CODEX STAN 193-1995). come into force after one hundred eighty days following its publication in
(3.3) Where no specific MLs for finished food product or ingredient the Royal Thai Government Gazette, which is the 16 of November of
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have been established in the Annex I and the latest version of CODEX B.E.2563 (2020) onward.
STAN 193-1995, the concentration of contaminants for food must not - The Notification of the Ministry of Public Health No.414 B.E.2563
exceed Limit of Quantitation (LOQ). If it is, the acceptable level will be (2020), issued by virtue of the Food Act B.E.2522 (1979), Re: Standards
considering on case by case basis by Thai FDA under the Principles for Contaminants in Food was published in the Royal Thai Government
for establishing maximum levels in food and feed elaborated by Codex. Gazette – Announcement and General Affairs, Vol.137, Special Part 118
For more detail concerning this Notification such as the extraction D – on the 20 of May of B.E.2563 (2020) and shall come into force after
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rates of certain food, and calculation examples for the maximum one hundred eighty days following its publication in the Royal Thai
concentration of contaminants can be retrieved from the Notification Government Gazette, which is the 16 of November of B.E.2563 (2020)
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of the Food and Drug Administration Re: Explanation of the Notification onward.
of MOPH prescribing standards for contaminants in Food, dated the 6. Punitive Measures
4 of June of B.E.2563 (2020), in the FDA website. (http://food.fda. Manufacturers, importers, or sellers of foods that do not comply with
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moph.go.th/law/data/announ_fda/63_Contaminants.pdf) the standards for contaminants in food required by this Notification shall
4. This Notification does not apply to the following foods with specific be:
MLs for contaminants readily assigned: (6.1) deemed substandard food as describe in Section 28 which food
(4.1) Food additives and processing aids as per the Notification of business operators (the manufacturers, importers, or sellers) shall thus
the Ministry of Public Health Re: Food Additives be subject to fine of no more than THB 50,000 for violating Section 25(3)
(4.2) Drinking water in hermetically sealed container as per the (6.2) deemed impure food as describe in Section 26(1) food with the
Notification of the Ministry of Public Health Re: Drinking Water in exposure for contaminant of the consumer exceeds the Health Based
Hermetically Sealed Container Guidance Value (HBGV), and food business operators (the manufacturers,
(4.3) Natural mineral water as per the Notification of the Ministry importers, or sellers) shall thus be subject to imprisonment of no more
of Public Health Re: Natural Mineral Water than 2 years, or fine of no more than THB 20,000, or both for violating
5. Enforcement Period Section 25(1).

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