Page 27 - FoodFocusThailand No.189 December 2021

SPECIAL TALK BY FDA

“Tetrahydrocannabinol (THC)” refers to delta-9- (6) The amount of tetrahydrocannabinol per package
tetrahydrocannabinol (∆9-THC). and the text “Contains no more than 1.6 mg of THC per
“Package” refers to the smallest, innermost container that packing unit.”
directly encloses or contains the food product, not including any (7) The text “Recommended daily intake of no more than 2
outer, bigger container or package that encloses said innermost packages.”
container. (8) The texts “Cannabis” or “Hemp” or the parts of cannabis
4. The quality prescriptions and standards of food products or hemp that are used as ingredients shall be displayed
containing parts of cannabis or hemp are established as follows: as part of or attached to the names of food products.
4.1 No more than 1.6 mg of tetrahydrocannabinol per (9) Other wordings as dictated by the announcements of the
package is allowed. Minister of Public Health.
4.2 No more than 1.41 mg of cannabidiol per package is 9. The display of nutrition claim on the label of a food product
allowed. containing parts of cannabis or hemp shall comply with the notifications
4.3 The regulatory requirements for foods containing toxic of the Ministry of Public Health concerning nutrition labels.
residues shall comply with the notifications of Ministry 10. The display of health claim on the label of a food product containing
of Public Health regarding foods containing toxic parts of cannabis or hemp shall comply with the notifications of the Ministry
residues. of Public Health concerning food health claims.
4.4 The regulatory requirements for contaminants shall 11. This Notification shall come into force on the 24th of July of
comply with the notifications of the Ministry of Public B.E.2564 (2021) onward.
Health regarding the standards for contaminants in foods. 12. Punitive Measures Violators of this Notification of the Ministry of
4.5 The regulatory requirements for pathogenic Public Health shall be subject to the following punishments:
microorganisms shall comply with the notifications of the (1) If a specifically controlled food listed in the food recipe
Ministry of Public Health regarding the quality or registration is later found to have a recipe that is different
standard, principles, conditions, and methods of analysis from said registration and no corresponding amendment is
for pathogenic microorganisms in foods. made in accordance with Article 38, the aforementioned food
4.6 Depending on the case, the quality prescriptions or will be removed from the food recipe registration by virtue of
standards of each specific food shall be subject to its the Minister of the Public Health. Any violation of said
corresponding notifications of the Ministry of Public regulation shall be deemed incompliant with Article 69, and
Health. violators shall be subject to imprisonment of no more than 3
5. Producers of foods containing parts of cannabis or hemp shall years or fine of no more than THB 30,000 or both.
use legally sourced parts of cannabis or hemps. The manufacturing (2) The infant foods, foods with follow-on formula for infant and
processes shall be subject to control measures specified in the young child, modified milk for infant, modified milk with follow-
notifications of the Ministry of Public Health concerning manufacturing on formula for infant and young child, food supplements for
methods, manufacturing equipment, and food preservation infant and young child, or caffeinated beverages that contain
processes. Manufacturers shall keep record of the acquired supply parts of cannabis or hemp are prescribed as foods prohibited
and usage of said parts of cannabis or hemp in the facility where from production, import, or sale. Manufacturers, importers,
the production takes place. or sellers of said foods shall be deemed incompliant with the
6. The use of food additives in food products containing parts Section 6(8) and be subject to imprisonment of 6 months to
of cannabis or hemp shall be allowed in accordance with the types 2 years and fine of THB 5,000 to THB 20,000 as dictated by
and sizes prescribed by the notifications of the Ministry of Public the Section 50 of the Food Act B.E.2522 (1979).
Health regarding food additives. (3) Any labeling practice not adhering to this Notification shall
7. The use of containers for food products containing cannabis be deemed as an act of violation of Article 6(10). Violators
or hemp shall comply with the notifications of the Ministry of Public shall be subject to fine of no more than THB 30,000 as
Health regarding containers. specified by Article 51 of the Food Act B.E.2522 (1979).
8. The labeling of food products containing parts of cannabis (4) Any usage of food additives not adhering to the requirements
or hemp shall comply with the following requirements: in this Notification shall be deemed as an act of violation of
8.1 The label shall be displayed in accordance with the Article 6(4)(5) and (9). Violators shall be subject to fine of
notifications of the Ministry of Public Health regarding no more than THB 20,000 as dictated by Article 47 of the
the labeling of prepackaged foods. Food Act B.E.2522 (1979). If said food additives are
8.2 In case that certain food product falls under the conditions proven to exceed the maximum levels permitted by law and
stipulated in a specific notification of the Ministry of Public possibly pose short- or long-term health risks to consumers,
Health concerning labeling requirements, the label of the implicated food shall be deemed impure in accordance
the food product in question shall be displayed in with Article 25(1) of the Food Act B.E.2522 (1979). Violators
agreement with said notification. shall consequently be subject to imprisonment of no more
8.3 The following texts shall be displayed: than 2 years or fine of no more than THB 20,000 or both.
(1) The text “Warning” shall be displayed with a font size Additional information regarding the application procedure for
of no smaller 1.5 mm within a square frame. The permission of a product containing parts of cannabis or hemp can be
color of the letters shall be in contrast with that of acquired on the website of the Food Division [Via https://www.fda.moph.
the background within the frame, and the color of go.th/sites/food/SitePages/cannabis.aspx]
the frame shall be in contrast with that of the
background of the label.
(2) The text “Not suitable for children and pregnant or
breast-feeding women.”
(3) The text “Stop consuming in case of adverse effect.” More Information Service Info C001
(4) The text “Persons sensitive to THC or CBD should
take precaution before consumption.”
(5) The text “May cause drowsiness. Use care when
operating a car, a vehicle, or dangerous machinery.” DEC 2021 FOOD FOCUS THAILAND 27

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