Page 68 - FoodFocusThailand No.188 November 2021

SPECIAL TALK BY FDA

5. Manufacturers who produce edible oil derived from hemp seeds, (13) Use a picture, symbol, or word presenting any part of hemp,
protein derived from hemp seeds and food products containing hemp except hemp seed used as an ingredient, shall be prohibited.
seeds, edible oil or protein derived from hemp seeds perform legal 9. Nutrition claims for food supplement containing hemp seed,
acquirement of hemp seeds with the Notification of the Ministry of edible oil derived from hemp seeds, or protein derived from hemp
Public Health regarding classification of narcotic substances in the seeds shall be complied with the Notification of Ministry of Public
Schedule V B.E. 2563 (2020) and control production process in Health regarding nutrition labeling.
compliance with the Notifications of the Ministry of Public Health 10. Health claim for food supplement containing hemp seed,
regarding Production Processes, Equipment and Storage of foods. edible oil derived from hemp seeds, or protein derived from hemp
Manufacturers shall maintain records of stock or inventory of hemp seeds shall be complied with the Notification of Ministry of Public
seeds intended for producing edible oil derived from hemp seeds, Health regarding health claim.
protein derived from hemp seeds and food products containing hemp 11. Any claim regarding type or quantity of total THC and CBD
seeds, edible oil or protein derived from hemp seeds at their premises. substances including health claims related to total THC and CDB
6. The use of food additives in edible oil derived from hemp seeds, substances in food shall be prohibited.
protein derived from hemp seeds and food products containing hemp 12. This Notification shall come into force on the 5 of March of
th
seeds, edible oil or protein derived from hemp seeds shall comply with B.E.2564 (2021) onward.
the Notifications of the Ministry of Public Health regarding food additives 13. Punitive Measures
in which type and conditions of use are prescribed. Violators of this Notification of the Ministry of Public Health shall
7. The use of containers shall comply with the Notifications of the be subject to the following punishments:
Ministry of Public Health regarding containers. (1) If a specifically controlled food listed in the food recipe
8. The labeling of edible oil derived from hemp seeds, protein registration is later found to have a recipe that is different from said
derived from hemp seeds and food products containing hemp seeds, registration and no corresponding amendment is made in accordance
edible oil or protein derived from hemp seeds shall comply with the with Article 38, the aforementioned food will be removed from the
Notifications of the Ministry of Public Health regarding the labelling of food recipe registration by virtue of the Minister of the Public Health.
packaged foods. In addition, the labels of food products containing Any violation of said regulation shall be deemed incompliant with
hemp seeds, edible oil or protein derived from hemp seeds (as shown Article 69, and violators shall be subject to imprisonment of no more
in Table 2) shall display the following texts where applicable: than 3 years or fine of no more than THB 30,000 or both.
(1) The text “WARNING” by letters not less than 1.5 mm that placed (2) Inappropriate display of label violates Section 6(10) of this
in a rectangular frame which frame colour be contrast to background Notification, and the corresponding violators shall thus be subject
colour of the label. to fine of no more than THB 30,000 as per Section 51 of the Food
(2) The text “Children, pregnant women and breastfeeding women Act B.E.2522 (1979).
should not consume” (3) Inappropriate use of food additive not adhering to the
(3) The text “If getting abnormal symptoms, stop consuming requirements in this Notification shall be deemed as an act of violation
immediately” of Article 6(4)(5) and (9). Violators shall be subject to fine of no more
(4) The text “THC- or CBD- Hypersensitive person should be aware than THB 20,000 as dictated by Article 47 of the Food Act B.E.2522
of allergic reaction” (1979). If said food additives are proven to exceed the maximum
(5) The text “Information for food allergy: contain protein derived levels permitted by law and possibly pose short- or long-term health
from hemp seeds” in the case that hemp seed or hemp seed protein risks to consumers, the implicated food shall be deemed impure in
is an ingredient in the food. accordance with Article 25(1) of the Food Act B.E.2522 (1979).
(6) The text “Food Supplement” shall be displayed as part of the Violators shall consequently be subject to imprisonment of no more
name, or accompanied with names of food. than 2 years or fine of no more than THB 20,000 or both.
(7) The quantity of food supplements shall be displayed as the case For more information of the process and how to get a permit of
may be, as follows: the product which included cannabis and hemp from Food Division
(A) Food supplement in form of tablets or capsules displayed website [https://www.fda.moph.go.th/sites/food/SitePages/cannabis.
as the number per pack. aspx]
(B) Food supplement in form of liquid displayed as net volume.
(C) Food supplement in form of solid or others displayed as
net weight.
(8) The names and quantity of active components for food More Information Service Info C014
supplements shall be displayed in order of quantity, from the highest
to the lowest amounts.
(9) The text “This product provides omega-6 fatty acid, namely กฎหมายที่่�เก่�ยวข้้อง / Relevant Regulation
Linoleic acid and omega-3 fatty acid, namely Gamma-Linolenic Acid. 1. ประกาศกระทรวงสาธารณสุข (ฉบัับัท่� 425) พ.ศ. 2564 ออกตามความในพระราชบััญญัติ
One capsule contains hemp seed oil…(specify).. milligrams consisting อาหาร พ.ศ. 2522 เร่�อง เมล็็ดกัญชง นำ�ามันจากเมล็็ดกัญชง โปรต่นจากเมล็็ดกัญชง แล็ะ
of Linoleic acid …(specify).. milligrams, Gamma-Linolenic Acid … ผล็ิตภััณฑ์์อาหารท่�ม่ส่วนประกอบัของเมล็็ดกัญชง นำ�ามันจากเมล็็ดกัญชง หร่อโปรต่น
(specify).. milligrams” in the case that food supplements containing
hemp seed or edible oil derived from hemp seeds. จากเมล็็ดกัญชง ล็งวันท่� 3 ม่นาคม พ.ศ. 2564 ส่บัค้นได้จาก http://www.ratchakitcha.
(10) The text “Should eat varieties of five categories of food in an soc.go.th/DATA/PDF/2564/E/049/T_0001.PDF
appropriate proportion” in the case that food supplement products. Notification of the Ministry of Public Health (No.425) B.E.2564 (2021) Issued by
(11) the text “No effect for prevention or cure of diseases” with bold virtue of the Food Act B.E. 2522 Re: hemp seeds, edible oil derived from hemp
letter which colour of the letters contrast with background frame, in the seeds, protein derived from hemp seeds and food products containing hemp
rd
case that food supplement products. seeds, edible oil or protein derived from hemp seeds. dated 3 March B.E.2564
(12) Other messages prescribed by the Minister of Public Health (2021) Available from: http://www.ratchakitcha.soc.go.th/DATA/
shall be displayed, if any PDF/2564/E/049/T_0001.PDF
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