Page 26 - FoodFocusThailand No.189 December 2021

SPECIAL TALK BY FDA
SPECIAL TALK BY FDA

The Most Recently Enforced Regulations

Notification of the Ministry of Public Health (No.427)

B.E.2564 (2021) Issued by virtue of the Food Act B.E. 2522

Re: Food Products Containing Parts

of Cannabis or Hemp

According to the policy of the Thai Government on promotion 1. Food products containing parts of cannabis or hemp are
of hemp plant to be a new cash crop development of innovative prescribed as specifically controlled foods.
and value-added processed products of agricultural origin based 2. The following food products containing parts of cannabis or
on the Thai local wisdom and indigenous knowledges has been hemp are prescribed as prohibited foods not to be produced, imported,
employed to create a business opportunity for local people with or sold.
the aim of improving their income. This policy has been being 2.1 Infant food and food with follow-on formula for infant
brought forward to implement through appropriate interventions and young child
including the regulatory measures in order to avoid negative social 2.2 Modified milk for infant and modified milk with follow-on
impacts. Therefore, only certain parts of cannabis or hemp that formula for infant and young child
are legally produced in Thailand have been removed from the 2.3 Food supplement for infant and young child
Schedule V of narcotic substances. These include bark, stems, 2.4 Caffeinated beverage such as energy drink containing
fiber, branches, roots and leaves without sugar leaves or flowering synthetic caffeine
tops of hemp or cannabis, hemp seeds, edible oil derived from 2.5 Other foods as dictated by the announcements of the
hemp seeds, extracts derived from hemp seeds, and extracts Minister of Public Health.
derived from hemp or cannabis including extraction-residues that In case that the foods mentioned above (2.1–2.5) are incidentally
contain CBD and less than 0.2% of THC by weight. The legalized contaminated with tetrahydrocannabinol and cannabidiol either from
parts of hemp or cannabis, therefore, can be processed to make raw materials or during the manufacturing process, said contamination
several health products under control of relevant laws and can be identified as “Negative” only as per the following conditions
regulations. Regarding food industry, using parts of cannabis or stipulated in the Notification of the Ministry of Public Health (No.428)
hemp in food produced for commercial purposes is only allowed B.E.2564 (2021) issued by virtue of the Food Act B.E.2522 (1979) Re:
under the general purpose of food and its qualities and safety are Standards for Foods Contaminated with Tetrahydrocannabinol and
controlled under the Food Law based on the risk analysis principle. Cannabidiol to ensure consumer safety protection:
The Ministry of Public Health, by virtue of the Food Act B.E.2522 - Less than 0.1 mg/kg of total tetrahydrocannabinol, which
(1979), issued the Notification of the Ministry of Public Health comprises ∆9-THC, ∆8-THC and THC, is detected.
(No.427) B.E.2564 (2021) Re: Food Products Containing Parts of - Less than 0.2 mg/kg of cannabidiol (CBD) is detected.
Cannabis or Hemp to allow the use of the legally and domestically 3. The definitions and scopes are prescribed as follows:
produced parts of cannabis or hemp that are excluded from the “Parts of cannabis” refers to the following parts of cannabis plant,
list of Narcotics in Schedule V. This notification was promulgated scientifically known as Cannabis indica Lam. or Cannabis sativa L.,
in line with the requirements stipulated in the Notification of the that are permitted to be produced within Thailand:
Ministry of Public Health (No.424) B.E.2564 (2021) issued by virtue (1) Hulls, stalks, fibers, stems, and roots
of the Food Act B.E.2522 (1979) Re: Prescribed Foods Prohibited (2) Leaves without inflorescence or cola
to Produce, Import, or Sale. By and large, it says parts of cannabis “Parts of hemp” refers to the following parts of hemp plant,
or hemp can be used in the food industry on the conditions that scientifically known as Cannabis sativa L. subsp. sativa, that are
no health risks from the consumption thereof be involved. The permitted to be produced within Thailand:
main points are summarized as follows: (1) hulls, stalks, fibers, stems, and roots
(2) Leaves without inflorescence or cola
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