Thailand: Updates on Regulations for Labeling of Prepackaged Foods

The Ministry of Public Health (MOPH) in Thailand has issued an updated regulation on food labeling, published in the Government Gazette on July 18, 2024, taking effect from 19 July 2024. Thailand Ministry of Public Health Notification No. 450 B.E. 2567 (2024) ("the Notification") introduces several significant changes aimed at enhancing consumer safety, increasing transparency, and aligning with international standards by repealing and replacing several provisions from previous notifications. The key changes are summarized below:

Updated Definitions

The Notification updates several definitions to better align with international standards:

• Prepackaged Foods: Foods packed in containers for sale.
• Expiration Date: The date indicating the end of a food's shelf life under specified storage conditions. After this date, the food is no longer marketable.
• Best Before Date: The date indicating the end of the period during which the food maintains its best quality under the stated storage conditions on the label. Beyond this date, the quality may change, and the food cannot be marketed.
• Re-Packing: The process of transferring food from its original container into sub-containers, excluding any activities such as making, mixing, preparing, or cooking.
• Allergen: A substance that can cause an intolerance effect in individuals with allergies or hypersensitivities.
• Color: Refers to color as defined in the Ministry of Public Health's notification regarding food additives.

Additional Exceptions to Labeling Requirements

Certain categories of food are exempt from the labeling requirements under this Notification:

• Food sold directly by producers, such as food hawkers, food stalls, and online sellers, provided they can supply product information to consumers.
• Unprocessed foods.
• Fresh food not sold directly to consumers.
• Prepackaged food produced for food services, including food delivery services.

However, if these exempted foods have been assigned food serial numbers, they must still have labels that comply with this Notification.

Labeling Requirements

Labels must be affixed to containers or packaging in a prominent position, with the label size proportionate to the container. The label must be permanently attached.

Allergen Identification

The updated Notification adds shellfish, squid, and products derived from them as secondary ingredients or contaminants to the allergen list. The full list of allergens now includes:

• Cereals containing gluten
• Crustacea (e.g., crab, shrimp, mantis shrimp, lobster) and their products
• Eggs and egg products
• Fish and fish products (excluding fish gelatin used as a carrier for vitamins or carotenoid preparations)
• Peanuts and their products
• Certain soybeans and their products
• Certain milk and dairy products
• Tree nuts and their products
• Sulphites
• Shellfish, squid, and products derived from them as secondary ingredients or contaminants

Display of Warnings

• Labels must clearly state the presence of allergens using phrases like “Information for food allergy: contains …” or “may contain …” if cross-contamination is possible during production. This information must be prominently displayed and easy to read.
   
• Warnings can be combined on the label, ensuring all relevant information is clearly communicated.
   
• The Notification clarifies the language requirements for displaying the expiration date and best-before date. Where specific wording is mandated by other notifications, it must be followed. English equivalents are now permitted alongside the Thai text.

Trademarks on Labels

• Symbols related to trademarks or registered trademarks can be displayed with English symbols or text, e.g. ® or ™, instead of Thai symbols or text.

Compliance Timeline

Labels for products produced from July 19, 2024 onwards must comply with this Notification. Labels produced before this date under previous standards may continue to be used and sold until July 18, 2026. It is advisable to start transitioning to the new labeling requirements promptly to ensure full compliance by July 19, 2026.

Recommendations

Manufacturers should update their food product labeling to comply with this new regulation. Even if current labels meet specific requirements set by the MOPH, adherence to the Notification is mandatory. These updates aim to improve consumer safety and ensure that food labeling is clear, accurate, and aligned with international practices.