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This translation has been provided with the kind assistance of Chaninat & Leeds. Chaninat & Leeds practices both family and business law, including K1 visa Thailand.


SECTION 35. The application for product licence under Section 31 must include the following details.
(1) name of food;
(2) name and quantity of the Ingredients In the food;
(3) size of packing;
(4) label;
(5) name of producer and place of production;
(6) result of analysis of the food by government laboratory or institutions specified by the Commission.
(7) other materials in connection with the food recipes.

SECTION 36. Alteration of approved food recipe must get permission from the authority. The granting of permit of alteration of food recipes shall be in accordance with the principle and conditions prescribed in the Ministerial Regulations.

SECTION 37. Product licence shall be valid forever unless it is revoked under Section 39.

SECTION 38. When it is necessary, for the benefit of controlling food, to make a food to be safe for consumption or to protect the consumer from health hazard, the authority shall be empowered to order the alternation of approved food recipes as appropriate or as necessary in order to make the food safe for consumption.

SECTION 39. Any approved food recipe if found later that the details of the food do not conform to the details in the approved food recipe or is adulterated under Section 27 or is unsafe for consumption and the details of the food recipe cannot be altered under Section 38. The Minister is empowered to revoke the product licence and the order shall be published in the Government Gazette.

Theorder of the Minister shall be final.

SECTION 40. False or deceptive advertising of the quality, usefulness or indication of a food is prohibited.

SECTION 41. Anyone wishing to advertise the qualities, usefulness or indication of a food by radio, television, film, newspapers or other printed matter or by other means for business purposes must submit the sound, pictures or films or text of the advertisement to the authority for consideration, and can be advertised after receiving permission.

SECTION 42. To protect the interests and safety of the consumer, the authority is empowered to give written orders to
(1) the producer, importer or distributor of food or food advertising person stop advertising which considered to be violated Section 41.
(2) the producer, importer or distributor of food or foods advertising person stop producing, importing, distributing or advertising a food which the Commission deems as not having the usefulness, quality or indication as advertised.

Chapter 6
Competent Officer

SECTION 43. In the performance of their duties, competent officer shall have the following powers:
(1) to enter a place of production, storage area, place of sale or office of the producer, storekeeper, distributor, including the importer office for inspection in connection with enforcement of this act during normal working hours;
(2) where it is suspected that there is a violation of this act, to …. enter a place or vehicle to inspect the food end seize or attach the food or utensils connected with the violation including the containers and packages of food and documents connected with the food:
(3) to take reasonable quantity of food for inspection and analysis.
(4) to seize or attach food or containers suspected of capable of hazardous to the health for analysis; (5) to seize or attach impure food, adulterated food or substandard food or containers capable of hazardous to the health or having the nature of which not in accordance with the quality or standard set by the Minister under Section 6(6).

In the performance of the duties in paragraph one the licencee or other person involved must give appropriate facility.

SECTION 44. Food or containers seized, attached or collected by competent officer under Section 43, after checking by the competent officer end proved to be impure under Section 26, adulterated under Section 27 or substandard under Section 28 or food that specified by the Minister under Section 29…. or to be containers which can be hazardous to the health of the consumer or having characteristics not according to the quality or standard set by the Minister under Section 6(6). Provided no legal proceedings in the court, the competent officer with the approval of the commission may order to destroy or treat in any way as may be deemed appropriate.

SECTION 45. When performing their duties, competent officers must show their identity card of the competent officer shall be according which prescribed in Ministerial Regulation.

Chapter 7
Suspension or revoke of licence

SECTION 46. When it appears that a Iicencee violates this Act, Ministerial Regulations or notifications issued hereunder, or the results of the tests on food produced by any licencee is found to be impure under Section 26, adulterated under Section 27 or substandard under Section 28, food or containers might be harmful to consumer. The authority with the approval of the commission is empowered to order the suspension of the licence not more than 120 days each time or in the event that legal proceedings have been in the court that the licencee has committed an offense under this Act, the licence can be suspended until final Judgment has been reached.

In the case that there is final judgment any licencee who has committed a crime under Section 26 or Section 27. The authority with the approval of the Commission is empowered to revoke the licence Order for suspension of the licence or revoke of the licence shall be made in writing to inform the licence. In case the licencee may not be found, or the licencee refused to accept the order, It shall be posted in a conspicuous place at the place of production, import, sale or office of the Iicencee and it shall be deemed that the licencee has been notified the order from the date of posting.

Person which the licence has been suspended or revoked has the right to appeal to the Minister within thirty days from the date of acknowledgement of the order. The Minister is empowered to lift the appeal or alter the order of the authority beneficial to the person who appealed.

The decision of the Minister shall be final.

The appeal to the Minister under paragraph four, however, shall not stay the execution of the order for suspension or revoke of the licence.

It shall be regarded that production, importation for sale of the controlled food, during suspension or revoke of licence is violated Section 14 paragraph one or Section 15 paragraph one, as the case may be.

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