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Thailand proposes major amendments to Food Act

The Thai government is considering significant revisions to its Food Act, marking the leading food legislation’s first proposed reform in 43 years.

Thailand’s current Food Act was introduced in 1979 and has been left unamended for over four decades. “It is timely for the revision of the Food Act to keep up with the latest trends,” Poon Wai Mun, Asia-Pacific coordinator at Food Compliance International said, speaking to Ingredients Network.

The Food Act is designed to give the government authority to control food quality and protect consumers from health issues resulting from food consumption. The overarching law enables the government to manage domestic production, imports, and exports of food items for sale. It sets out the required criteria and subsequent penalties for food businesses that do not adhere to these regulatory standards.

Now, the country’s House of Representatives is considering a variety of revisions to offer food operators and manufacturers regulatory guidance relevant to today’s industry.

Time for amendments

Significant leaps forward in science and technology along with the growing diversity of the food space have shaped the industry over the last four decades, ensuring it reflects consumer demands and current production requirements.

Today, Thai society comprises a fast-growing middle-class demographic and an increasing interest in convenience and healthy food via pre-packaged formats. Thailand is also becoming an appealing market for overseas investors, with new developments emerging to respond to demands and attractive opportunities in related sectors, including packaging and processing.

To leverage further growth, the Thai Government is hoping to position the Southeast Asian country as a core market for food research, discovery and development, consultancy group Chemlinked details.

Enforcement gaps in food legislation have contributed to its regulatory hurdles, Chemlinked adds. Unclear legislation on the control of food contact materials and food transportation has created challenges. Additionally, uncertainty over the interpretation of some definitions, such as ‘food’ and ‘agricultural commodity’, has presented obstacles.

Proposed amendments

The House of Representatives has set out nine amendments, according to legal news company Lexology, which largely focus on extending its powers to protect consumer health and reflect its expansive food industry.

A new regulation for “Food Contact Materials” has been put forward in the draft amendment. If passed, this definition will apply to any materials in physical contact with food or materials packed in food packages for food preservation or manufacturing.

If implemented, a definition for “deteriorated food”, which refers to expired food or foods placed in misshapen containers, will restrict food operators from selling deteriorated food.

Accepting the draft amendment will also update the law to require “any food manufacturing for sales in any place” to obtain a licence from the Thai Food and Drug Administration (FDA) unless stipulated otherwise by the public health minister.

Under the draft amendment, food advertising regulations will also require all food advertisements in Thailand related to a food’s nutritional values, qualities, and characteristics to receive FDA approval. It also gives the FDA the power to investigate any operator it believes may be engaged in false advertising.

Additional revisions pertain to updating regulatory frameworks and preparing for sub-regulations, obtaining manufacturing licences and providing process support to the FDA, introducing new appeal processes, empowering the FDA to perform product recalls and detailing updates to fines.

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Thai FDA will enforce new legislation

The regulatory authority, the FDA, is the body responsible for all food regulation matters in Thailand. Its primary roles are to uphold food manufacturing standards by undertaking pre-market and post-market control.

The FDA has rules on enforcement and licensing procedures and has developed standards and regulations, such as labelling requirements, based on the principles set out in the Food Act, Wai Mun relays. These standards that the Thai government’s legislative branch produces appear as notifications.

Despite no significant revisions to the Food Act until now, changes to standards are made to help harmonise them with research and global insights. “These standards are often updated to keep up to date with International Standards, such as Codex, as well as new scientific findings/issues on food quality and safety,” said Wai Mun.

Impact on food manufacturing and new product development

Reviewing and seeking to modify the Food Act signals Thailand’s recognition of the need for updated legislation that reflects today’s sector. Ensuring compliance with these standards and regulations will be a priority for the food industry.

“The updates will likely provide clarity and minimise any possibility of ambiguity when developing food standards and regulations,” Wai Mun added.