Food & Drug Law Overview: Introduction to Thai Law

Thailand's food and drug regime is run by the Food and Drug Administration (the Thai FDA, 'อย.') under the Ministry of Public Health, which licenses and registers consumer health products — food, medicines, cosmetics and medical devices. For medicines the governing statute is the Drug Act B.E. 2510 (1967). It makes it an offence to produce, sell or import modern medicines without an FDA licence (section 12), and separately bans counterfeit, substandard, deteriorated and unregistered medicines (section 72). Penalties range from modest fines for licensing lapses to imprisonment of three years to life for manufacturing counterfeit medicines. Medicines generally must be registered with the FDA (a 'drug-formula registration' under section 79, subject to exceptions such as pharmaceutical chemicals and herbal drugs), and are graded by class — household remedies that anyone may sell, 'dangerous' drugs (ยาอันตราย) that must be sold at a pharmacy with a pharmacist present, and specially-controlled drugs (ยาควบคุมพิเศษ) that are the most tightly restricted and, under FDA regulations, sold only to or on the order of a doctor — with the products in each class fixed by ministerial notification. Food is governed by the Food Act B.E. 2522 (1979), under which the FDA registers food products and controls unsafe food such as adulterated, substandard or mislabelled products; cosmetics and medical devices have their own FDA statutes (the Cosmetics Act B.E. 2558 and the Medical Device Act B.E. 2551). This hub covers the regulation of legal consumer products — it is not about illegal narcotics (see Narcotics & Drug Law) or the practice of medicine (see Health & Medical Law). For foreigners the issues that bite most are bringing personal medication into the country (a traveller may carry up to a 30-day personal supply without a licence under section 13, but controlled medicines need prior approval and can be seized at the airport), ordering unregistered medicines or supplements online, and selling food, supplements or cosmetics — which requires FDA registration and compliant, non-deceptive advertising. Specific figures, product classifications and registration rules are set by regulation and change over time, so confirm the current position with the Thai FDA before relying on any amount or category.

This comprehensive guide provides an overview of food & drug law in Thailand, covering key principles, relevant legislation, and practical considerations for anyone navigating the Thai legal system.