3.152.  Since the previous Review, there have been no major changes to Thailand's sanitary and phytosanitary regime. Relevant legislation includes[184]: Food Act B.E. 2522 (1979), which stipulates different requirements for registration and labelling, and requirements for the safety and quality of some food products; Agricultural Standard Act (3rd edition) B.E. 2561 (2018), which assigns agencies to issue licences to manufacturers, exporters, or importers of agricultural products. For those agricultural commodities subject to mandatory standards requirements, these requirements may be exempted, and these commodities may be imported if: in the case of emergencies where no international agreement exists; exporting countries demonstrate equivalent standards; and inspection and certification is conducted by exporting authorities. For those agricultural commodities subject to standards requirement, i.e. voluntary, they may be imported after being inspected and certified by conformity assessment service providers approved by the ACFS; Animal Epidemics Act B.E. 2558 (2015), on animal epidemic disease prevention and control for the import, export, and transit of animals and animal products; Animal Feed Quality Control Act B.E. 2558 (2015), on the rules, procedures, and conditions for the import or sale of animal feed, the requirements for licences for the import or sale of animal feed, the prohibition of the import or sale of contaminated or deteriorated animal feed, and registration for entrepreneurs; Plant Quarantine Act (No. 3) B.E. 2551 (2008), on plant quarantine; Plants Act (No. 3) B.E. 2550 (2007), on qualifications for the licensee to collect, sell, import, and export-controlled seeds, and on the label attached to the container of controlled seeds; Plant Quarantine Import Regulations Thailand, on the prevention of the invasion of plant pests and diseases from outside the country; and Wildlife Preservation and Protection Act, B.E. 2535 (1992)

3.153.  The institutional framework on SPS-related matters includes the following: the ACFS, under the Ministry of Agriculture and Cooperatives, responsible for: setting standards for agricultural systems, commodity and food items, and accrediting certification bodies and inspection bodies of agricultural commodities and foods; food standard controls; and promoting compliance with standards on farms and in food establishments[185]; the Department of Agriculture, under the Ministry of Agriculture and Cooperatives, responsible for plant health; the Department of Livestock Development, and the Department of Fisheries, both under the Ministry of Agriculture and Cooperatives, deal with animal health and imports of some animal products; and the Food and Drug Administration (FDA), under the Ministry of Public Health, responsible for food safety

3.154.  Thailand is a member of the World Organisation for Animal Health (OIE), and of the Codex Alimentarius on food safety, and is a contracting party to the International Plant Protection Convention (IPPC). According to the authorities, Thailand generally follows standards set by the OIE, Codex Alimentarius, and the IPPC, where they exist. New SPS regulations are based on an analysis of the risks involved, and draft regulations are subject to a public hearing and are notified to the WTO Members for comments before being approved by the responsible authority

3.155.  Thailand is an active participant in the WTO Committee on Sanitary and Phytosanitary Measures. During the review period, STCs were raised against SPS measures maintained by Thailand at the WTO SPS Committee. Thailand reported progress and cooperated with trading partners to resolve these STCs, which were raised by: Chinese Taipei, on Thailand's import restriction on papaya seeds (Status: Resolved); the United States, on Thailand's import fees related to the approval procedures for live animals and/or animal products.[186] In response to the concern raised by the United States, Thailand explained how to calculate the rate of import fees and demonstrated that its calculation complies with Annex C(1)(f) of the SPS Agreement. Until June 2020, the United States had not raised this issue again in SPS meetings; Brazil and the European Union, on Thailand's approval procedures for imports of pork and other animal products.[187] In response to the concern raised, Thailand updated that it has been working with trading partners to expedite the process for allowing the importation of pork and other animal products according to the notified import procedure; Japan, regarding Thailand's import restrictions on fresh citrus fruits; and the United States, on Thailand's draft list of hazardous substances regarding food containing pesticide residues.[188]

3.156.  The ACFS is the SPS enquiry point and the notification authority at the WTO. From 1 January 2015 to 27 July 2020, Thailand submitted 148 SPS notifications, including 50 emergency notifications with one emergency addendum and one emergency corrigendum, as well as 54 regular notifications with 37 regular addenda and five regular corrigenda.[189] Most notifications related to food safety, and some concerned animal and plant health. Emergency notifications referred to the revision of the import requirement on food and animal products due to the outbreak of animal diseases such as African Swine Fever (ASF) and Highly Pathogenic Avian Influenza (HPAI)

3.157.  All foods must meet, and are monitored for, specific hygiene, safety, labelling, marketing and advertisement requirements. Food products are classified into four groups according to the Food Act B.E. 2522 (1979), in descending order of risk, with different requirements for registration, labelling, and obligatory standards: Group 1, for specifically controlled foods, mainly infant and child formula products, food for weight control, and food additives, requires product registration and must meet specifications set by the FDA as well as packaging and labelling requirements; Group 2, for prescribed foods, including coffee, honey, butter and fish sauce, must obtain a Food Serial Number and must abide by specific quality requirements as well as packaging and labelling requirements; Group 3, for prescribed foods, including bread, meat, chewing gum and candy, must abide by packaging and labelling requirements; and Group 4, for any other general food not covered under Groups 1 to 3, product registration is not required, nor is the obtention of a Food Serial Number (the only exception in Group 4 is foods derived from "Food obtained through certain techniques of Genetic Modification/Genetic Engineering" which require a Food Serial Number). They must abide by packaging and labelling requirements

3.158.  Licences, renewed every three years, are issued by the FDA before the importation or manufacturing of food products. The FDA is responsible for the monitoring and surveillance of food production and imports, pre- and post-marketing control, and the establishment of food regulations. The FDA conducts compliance-monitoring not only through inspections and sampling of food products at food-manufacturing premises and other premises where food is stored, but also through sampling of food products in retail markets where samples are delivered to the Food Analysis Division of the Department of Medical Science in the Ministry of Public Health, for testing

3.159.  Fifty-seven products, including infant food, several dairy products, edible oils, tea, coffee, and food products of animal origin, whether imported or domestically produced, must comply with the Code of Good Manufacturing Practice (GMP). When importing these products, importers must show a certificate indicating that the production standards in the exporting country are equivalent to Thailand's GMP Code or one of the food quality assurances, such as good practice based on guidelines from Codex Alimentarius or ISO 9000, HACCP or ISO 22000

3.160.  Under notifications from the Ministry of Public Health (MOPH) (e.g. No. 264[190], No. 345[191], and No. 391[192]), Thailand prohibits imports of several food products on health grounds, including food containing several additives, such as some sweeteners, along with puffer fish, and some types of genetically modified maize

3.161.  Also, according to information provided by the authorities, the importation of: logs, wood and all wooden products; wooden products from the borders with the Tak and Kanchanaburi provinces; cassava and cassava products; fresh oranges; shallots; and swine offal are subject to various requirements for SPS-related reasons (Table 3.8)

3.162.  Imports of meat, chilled or frozen, must have an import permit from the Department of Livestock Development, and a health certificate from the country of origin. Upon arrival, each consignment of chilled or frozen meat must be inspected by the Animal Quarantine Station at the port of entry

3.163.  All imports of plants and plant products must be accompanied by a phytosanitary certificate from the competent authorities in the exporting country. Imports of prohibited or restricted articles, where an import permit is required, must be made through the plant quarantine station for inspection by the plant quarantine official. A pest risk analysis is required for imports of restricted articles

3.164.  Maximum residue limits (MRLs) for food and agricultural products are regulated by the FDA under the Ministry of Public Health's notifications (No. 387 B.E. 2560 (2017) on Food Containing Pesticides Residues[193], and No. 393 B.E 2561 (2018) on Food Containing Pesticide Residues (No. 2)[194]). These notifications are mandatory standards for both domestic and imported produce and products. Additionally, standards (voluntary) for MRLs on crops and agricultural commodities were also established by the Ministry of Agriculture and Cooperatives (MOAC): the Agricultural Standard on Pesticide Residues: Maximum Residue Limits (MRLs: TAS 9002-2016)[195], [196]; and the Agricultural Standard on Pesticide Residues: Extraneous Maximum Residue Limits (EMRLs: TAS 9003-2004).[197]

3.165.  The ACFS and the MOAC issued voluntary standards to promote food safety in agriculture and aquaculture production, and they are used as a criterion and reference for GAP (Good Agricultural Practices) and GAqP (Good Aquaculture Practices) products

3.166.  Regarding genetically engineered (GE) plants for cultivation, Thailand allows the importation of GE soybeans, and corn grain for processed foods, feed, and industrial use. Four government agencies are involved in the approval of agricultural biotechnology: the Department of Agriculture; the National Centre for Genetic Engineering and Biotechnology (BIOTEC) (Ministry of Higher Education, Science, Research and Innovation); the Ministry of Natural Resources and Environment; and the FDA. Applications for open field trials and commercial cultivation of genetically modified (GM) products must be submitted to the MOAC. The Department of Agriculture will then conduct a biosecurity risk evaluation to consider the risk management control measures. Based on the risk evaluation, the MOAC conducts a public hearing before approvals are granted by the Minister. The authorities indicated that, so far, three applications have been approved

3.167.  Food products for public consumption must carry a label in Thai, providing basic information on the product, in accordance with the MOPH notification regarding food labelling. For food containing at least 5% of ingredients derived from GM or GE products, their labels must declare the statement of "genetically modified" (such as "Genetically Modified Corn", "Tofu produced from Genetically Modified Soybean", etc.). Labelling such as GM-free or non-GM food is prohibited

3.139.  Standards and other technical requirements are regulated under the National Standardization Act B.E. 2551 (2008), and the Industrial Products Standards Act B.E. 2511 (1968) and its amendment (No. 8) B.E. 2562 (2019). Amendments made by the Industrial Products Standards Act (No. 8) B.E. 2562 (2019) include: mandatory standards are enforced by a ministerial regulation, not by a royal decree; penalties for manufacturers and importers of products under mandatory standards without permission from the competent authority were changed, from imprisonment of not more than two years, or a fine of not more than THB 1 million, or both, to imprisonment of not more than two years, or a fine of not more than THB 2 million, or both; and penalties for sellers of products under mandatory standards without standards mark were changed, from imprisonment of not more than 1 month, or a fine from THB 5,000 to THB 50,000, or both, to imprisonment of not more than 6 months, or a fine not exceeding THB 500,000, or both.[172]

3.140.  Since the previous Review, there have been no major changes to the institutional framework for standards and conformity assessment. The Thai Industrial Standards Institute (TISI), under the Ministry of Industry, was established in 1969 under the Industrial Product Standards Act B.E. 2511 (1968). It is responsible for developing national standards (both voluntary and compulsory), product certification and registration, and participating in the standardization activities both at regional and international levels. In addition to the TISI, other bodies responsible for different aspects of technical regulations and standards are: the National Bureau of Agricultural Commodity and Food Standards (ACFS), under the Ministry of Agriculture and Cooperatives, responsible for enforcing standards along the food supply chain; accrediting certification and inspection bodies of agricultural commodities and foods; international cooperation; and food standards control[173]; the MoC, responsible for policy and legislation on metrology; the National Institute of Metrology (Thailand), under the Ministry of Science and Technology, responsible for the implementation of metrology; and the Office of the National Standardization Council (NSC) and its network agencies, including the Department of Medical Service, the Department of Science Service, and the ACFS, all responsible for accreditation of organizations for conformity assessment

3.141.  During the review period, TISI's Strategic Plan (2015-19) set the target of developing needs-based standards in line with international principles; overseeing products and conformity assessment procedures for wide recognition; and promoting and developing Thai standardization. The procedure for developing standards and technical regulations remains unchanged. TISI works with other government agencies and private-sector organizations to develop standards. Its work programme, containing, inter alia, the standards it is currently preparing and those that it adopted in the preceding period, is published at least once every six months.[174] According to the TISI annual report, standards development is in accordance with government policy, the Ministry of Industry's strategy, Thailand's 20-year national strategy, and international guidelines.[175]

3.142.  For each standard in preparation, a technical committee, made up of the responsible national standards body and other interested parties, develops a draft standard. The draft standard is then circulated for comment, with final approval by the Industrial Products Standards Council. Thailand also notifies the draft standard to the WTO Committee on Technical Barriers to Trade for comments. Voluntary standards may be made compulsory by reference to technical regulations

3.143.  By the end of 2019, TISI had established 3,481 Thai industrial standards, of which 1,303 adopted international standards (International Organization for Standardization (ISO)/International Electrotechnical Commission (IEC)). Since 2015, TISI has established 743 new standards, of which 711 were not compulsory and 32 were compulsory. Another 4 were withdrawn during this period

3.144.  The main categories of products that are subject to compulsory standards are as follows: civil and construction materials; consumer products; electrical/electronic engineering; fluid engineering; food; heat transfer engineering; medical, science; paints, colours, and varnishes; mechanical engineering and vehicles; and chemicals. Products subject to compulsory standards must comply with the standard and show the mandatory certification mark. Their producers and importers must obtain a licence from TISI before production or importation. On 19 February 2018, an e-licence system was launched. Applications, together with relevant documents including the assessment report of quality controls, and the report of product testing, are submitted electronically. After evaluating the quality control system and the result of product testing, TISI issues an e-licence within 15 working days

3.145.  Thailand's accreditation framework is operated under the Standardization Act B.E. 2551 (2008), and includes: the NSC and TISI, both of which provide accreditation to certification bodies, inspection bodies, and testing and calibration laboratories; the ACFS, in charge of providing accreditation in the areas of agricultural commodities and foods; the Department of Science Service, in charge of providing accreditation in the areas of testing laboratories, proficiency-testing providers, and reference material producers; and the Department of Medical Science, in charge of providing accreditation in the areas of testing and medical testing laboratories, reference material producers, and national good laboratory practice (GLP) compliance monitoring authorities.[176]

3.146.  The authorities stated that, as at March 2020, there were 1,542 TISI-accredited testing laboratories, 987 calibration laboratories, 98 accredited inspection bodies, and 135 accredited certification bodies authorized to issue certificates in line with international and national standards, such as the ISO 5001, ISO 9001, and ISO 17065. There were 9 companies with ISO 9001 certification, and 7 with ISO 14001 certification, and 12 were certified to other standards

3.147.  TISI is the designated foreign inspection body of the standard institutes of several countries with which Thailand has standards-related agreements, such as Germany (VDE for electrical appliances), Sri Lanka, the Philippines, and South Africa (for a surveillance scheme).[177] During the review period, Thailand signed two MRAs: the ASEAN BE MRA for the Bio-equivalence Study Report of Generic Medicinal Products in 2017; and the ASEAN Sectoral MRA for Inspection and Certification Systems on Food Hygiene for Prepared Foodstuff Products in 2018.[178]

3.148.  Also, in June 2017, Thailand signed the Pacific Accreditation Cooperation (PAC) Multilateral Recognition Arrangement and, in April 2018, the International Accreditation Forum (IAF) Multilateral Recognition Arrangement, both related to energy management systems.[179] Thailand is a member of the ISO, the IEC, and the International Telecommunications Union (ITU). In the areas of accreditation, TISI also participates in the activities of the IAF, and the International Laboratory Accreditation Cooperation (ILAC). It is active in regional standards organizations, such as the Pacific Area Standards Congress, and the ASEAN Consultative Committee for Standards and Quality.[180]

3.149.  At the WTO, TISI is the enquiry point for technical regulations relating to industrial products, and the ACFS is the enquiry point for those relating to food and agricultural products.[181] Thailand accepted the Code of Good Practice for the Preparation, Adoption and Application of Standards in Annex 3 of the TBT Agreement

3.150.  From 1 January 2015 to 27 July 2020, Thailand made 234 notifications to the WTO Committee on Technical Barriers to Trade, including 135 regular notifications, 7 corrigenda, 71 addenda, and 21 revisions.[182] The majority of the notifications were made under Article 2.9 of the TBT Agreement, mainly notified by TISI, with a comment period of 60 days. Notifications related to agricultural and food products were made by the ACFS. Most of notifications were for human health and safety, some for consumer protection through labelling, protecting the environment, or reducing trade barriers and facilitating trade

3.151.  At the WTO TBT Committee, specific trade concerns (STCs) were raised against Thailand a few times during the review period on: new certification requirements on the importation of spirits; rules, procedures and conditions for labels of alcoholic beverages; and controls regarding the market promotion of food for infants and young children, and other related products.[183]