Page 43 - FoodFocusThailand No.187 October 2021

SPECIAL TALK BY FDA
SPECIAL TALK BY FDA
SPECIAL TALK BY FDA
SPECIAL TALK BY FDA
The Most Recently Enforced Regulations
Revision of the Regulations on the Usage of Food Additives:
Revised Regulations on the Prohibited Use of Plants, Animals,
or Parts Derived Therefrom in Foods: The Notification of
the Ministry of Public Health (No.424) B.E.2564 (2021)
Issued by virtue of the Food Act B.E.2522 (1979)

Re: Prescribed Prohibited Food

to be Produced, Imported, or Sold

With reference to additional scientific justifications and evidence
published in the ASEAN Guiding Principles for Inclusion into or
Exclusion from the Negative List of Substances for Traditional Medicines
and Health Supplements by the ASEAN TMHS Scientific Committee
(ATSC), it can be concluded from valid academic data that some
substances or groups of substances in certain plants, animals, or parts
derived therefrom are not safe for consumption nor recommended for
use as ingredients in foods. To ensure better consumer protection, the (6) Velvet bean (Mucuna pruriens (L.) DC.) in the item no.54
Ministry of Public Health, through the Food and Drug Administration, (7) White Kwao Krua (Pueraria mirifica Airy Shaw & Suvatab.) in
has issued the Notification of the Ministry of Public Health (No.424) the item no.67
B.E.2564 (2021) issued by virtue of the Food Act B.E.2522 (1979) Re: 3. The prohibition on the plants, animals, or parts derived therefrom
Prescribed Prohibited Food to be Produced, Imported, or Sold. The specified in the Annex of this Notification (Table 1) covers all food
main points can be summarized as follows: produced for sale, imported for sale or sale under the provision of the
1. The Notification of the Ministry of Public Health (No.378) B.E.2559 Food Act B.E.2522 (1979). Said prohibition is not include herbal
(2016) regarding prescription of plants, animals, or parts derived product for the treatment, cure and relief of human illnesses or the
Therefrom prohibited from use in foods is repealed and replaced with prevention of diseases or improve human health, which are under
this Notification. the Drug Act B.E.2510 (1967) and the Herbal Product Act B.E.2562
2. Prescribed 80 types of plants, animals, or parts derived therefrom (2019).
which are prohibited to be produced, imported or sold, as shown in the 4. The Notification of the Ministry of Public Health (No.424)
Table 1. The details of the negative list that have been revised from B.E.2564 (2021) issued by virtue of the Food Act B.E.2522 (1979)
the previous notification as follows: Re: Prescribed Prohibited Food to be Produced, Imported, or Sold
2.1 Seventy plants, animals, or parts derived therefrom were was published in the Royal Thai Government Gazette on the 25 of
th
th
originally prescribed in the Notification (No.378) B.E.2559 (2016) February of B.E.2564 (2021) and came into force on the 26 of
2.2 Three plants were originally prescribed in the Notification February of B.E.2564 (2021) onward.
(No.378) B.E.2559 (2016) that have been revised condition on 5. Manufacturers, importers, or sellers of foods that violate this
prohibited part of plant as follow: Notification shall be deemed incompliant with the Section 6(8) and
(1) Cannabis and hemp in the item no.18: whole plant except some be subject to imprisonment of 6 months to 2 years and fine of THB
substances or parts of cannabis and hemp that comply with the certain 5,000 to THB 20,000 as dictated by the Section 50 of the Food Act
criteria laid down by the Narcotic Substance Committee shall be B.E.2522 (1979).
exempted from the Notification of Ministry of Public Health under the
Narcotic Substances Law regarding classification of narcotic
substances in the Schedule V B.E.2563 (2020) that are not prohibited
to be produced, imported or sold.
(2) Sea mango (Cerbera Manghas) in the item no.20: the whole More Information Service Info C005
plant, along with its extracts.
(3) Othalam (Cerbera odollam) in the item no.21: the whole plant, กฎหมายที่่�เก่�ยวข้้อง / Relevant Regulation
along with its extracts. 1. ประกาศกระทรวงสาธารณสุข (ฉบัับัท่� 424) พ.ศ. 2564 ออกตามความใน
2.3 With reference to the ASEAN Guiding Principles for Inclusion พระราชบััญญัติอาหาร พ.ศ.2522 เร่�อง กำาหนดอาหารท่�ห้ามผลิิต นำาเข้า
into or Exclusion from the Negative List of Substances for Health หร่อจำำาหน่าย ลิงวันท่� 25 กุมภาพันธ์ พ.ศ. 2564 ส่บัค้นได้จำาก
Supplements and other reliable academic sources, 7 types of plants http://www.ratchakitcha.soc.go.th/DATA/PDF/2564/E/045/T_0032.PDF
have been added in the negative list.
(1) Aloe vera (Aloe spp.) in the item no.5 The Notification of the Ministry of Public Health (No.424) B.E.2564 (2021)
Issued by virtue of the Food Act B.E.2522 (1979) Re: Prescribed Prohibited
(2) Sweet wormwood (Artemisia annua L.) in the item no.9 Food to be Produced, Imported, or Sold. dated 25th February B.E.2564
(3) Red Kwao Krua (Butea superba Roxb.) in the item no.16 (2021) Available from: http://www.ratchakitcha.soc.go.th/DATA/
(4) Ma Huang (Ephedra spp.) in the item no.36 PDF/2564/E/045/T_0032.PDF
(5) Black Kwao Krua (Mucuna macrocarpa Wall.) in the item no.53

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