Page 28 - FoodFocusThailand No.192 March 2022

SPECIAL TALK BY FDA

6. For any use of cannabidiol extracts as ingredient in food authority as dictated by Paragraph 1 of Article 31. Only when
products that does not fall under the conditions specified by the the certificate of food recipe registration is issued, will said
Notification of the Ministry of Public Health (No.429) B.E.2564 (2021), manufacturers or importers be allowed to produce or import
this use shall be evaluated for safety aspect and approved by the the food products in question. Any violation of the regulation
Food and Drug Administration. Manufacturer or importer must be shall be deemed incompliant with Article 64 of the Food Act
submitted along with supporting documents and details as specified B.E.2522 (1979), and violators shall be subject to imprisonment
in the Public Handbook Re: Required documents or evidences for of no more than 2 years or a fine of no more than THB 20,000
food safety assessment which not fall in scope of novel food under or both. Any party found to sell unregistered specifically
the Notification of the Ministry of Public Health (No.376) B.E.2559, controlled foods shall be deemed incompliant with Article 65
Re: Novel Food. of the Food Act B.E.2522 (1979) and be subject to a fine from
7. The use of containers for food products containing cannabidiol THB 1,000 to THB 20,000.
extracts shall comply with the Notification of MOPH regarding (2) Authorized manufacturers or importers of specifically controlled
containers. foods shall produce or import their products in agreement with
8. The labeling of food products containing cannabidiol extracts the specifications in the food recipe registration as dictated
shall comply with the following requirements: by Article 34. Any violation of the regulation shall be deemed
8.1 The label shall be displayed in accordance with the incompliant with Article 66 of the Food Act B.E.2522 (1979),
Notification of MOPH regarding the labeling of prepackaged and violators shall be subject to imprisonment of no more than
foods. 1 year or a fine of no more than THB 10,000 or both.
8.2 The following texts shall be displayed: (3) Any labeling practice not adhering to this Notification shall be
(1) The text “Warning” shall be displayed with no smaller deemed as an act of violation of Article 6(10). Violators shall
1.5 mm font size within a square frame. The color of be subject to a fine of no more than THB 30,000 as specified
the letters shall be in contrast with that of the by Article 51 of the Food Act B.E.2522 (1979).
background within the frame, and the color of the frame (4) Any usage of food additives not adhering to the requirements
shall be in contrast with that of the background of the in this Notification shall be deemed as an act of violation of
label. Article 6(4)(5) and (9). Violators shall be subject to a fine of
(2) The text “Not suitable for children and pregnant or no more than THB 20,000 as dictated by Article 47 of the Food
breast-feeding women.” Act B.E.2522 (1979). If said food additives are proven to
(3) The text “Stop consuming in case of adverse effect.” exceed the maximum limits permitted by law and possibly
(4) The text “Persons sensitive to THC or CBD should take pose short- or long-term health risks to consumers, the
precaution before consumption.” implicated food shall be deemed impure in accordance with
(5) The text “May cause drowsiness. Use care when Article 25(1) of the Food Act B.E.2522 (1979). Violators shall
operating a car, a vehicle, or dangerous machinery.” consequently be subject to imprisonment of no more than 2
(6) The texts “Cannabidiol extract,” “Cannabidiol,” “CBD,” years or a fine of no more than THB 20,000 or both.
or any word with similar meaning shall be displayed as (5) Any usage of containers not adhering to the requirements in
part of or attached to the names of food products. this Notification shall be deemed as an act of violation of Article
8.3 In case that certain food product falls under the conditions 6(6). Violators shall be subject to imprisonment of no more
stipulated in any of the Notification of MOPH regarding than 2 years or a fine of no more than THB 20,000 or both as
labeling requirements, the label of the food product in dictated by Article 48 of the Food Act B.E.2522 (1979).
question shall be displayed in agreement with the (6) Any quality control of manufacturing processes not adhering
corresponding notifications, such as the Notification of to the requirements in this Notification shall be deemed as an
MOPH regarding food supplements or beverages in sealed act of violation of Article 6(7). Violators shall be subject to a
containers. fine of no more than THB 10,000 or both as dictated by Article
8.4 The display of nutrition claim on the label of a food product 49 of the Food Act B.E.2522 (1979).
containing cannabidiol extracts shall comply with the (7) Any production of food that does not comply with the standards
Notification of MOPH regarding nutrition labels. prescribed in Article 28 shall be deemed as an act of violation
8.5 The display of health claims on the label of a food product of Article 25(3). Violators shall be subject to a fine of no more
containing cannabidiol extracts shall comply with the than THB 50,000 as dictated by Article 49 of the Food Act
Notification of MOPH regarding food health claims. B.E.2522 (1979).
9. This Notification shall come into force on the 28th of August of Additional information regarding the application procedure for
B.E.2564 (2021) onward. permission of a food product containing cannabidiol extract acquired
10. Punitive Measures on the website of the Food Division [Via https://www.fda.moph.go.th/
Violators of this Notification of the Ministry of Public Health shall sites/food/SitePages/cannabis.aspx]
be subject to the following punishments:
(1) Manufacturers or importers of specifically controlled foods
with permission granted by Article 14 or Article 15 shall apply More Information Service Info C001
for the food recipe registration with the corresponding

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