AMCHAM Food & Agri Alert: A Month of Sweets

VOL. 2 of July 13 2023

“Life is like a box of chocolates. You never know what you’re gonna get.”

Forrest Gump, 1994

Thailand’s Ministry of Public Health (MOPH) has made some interesting recent changes to dessert regulations in Thailand that should lead producers and importers to consider how their dessert business will be affected. A summary of the updated dessert regulations is below.

1. Notification of the MOPH (No. 441) B.E. 2566 (2023) Re: Chocolate and Chocolate Products

On June 29, 2023, the Notification of the MOPH (No. 441) B.E. 2566 (2023) Re: Chocolate and Chocolate Products was published in the Government Gazette, taking effect on June 30, 2023. The aim was to revise the prescribed qualities and standards for chocolate and chocolate products to comply with international standards and current production technology. The most noticeable changes in the new regulation set out more diverse classification categories for various chocolate types, as well as changes in the composition requirements for each type. Certain chocolate types (for example, unsweetened chocolate, and more) were removed. New chocolate types (such as, chocolate a la taza, chocolate similar to a la taza, gianduja chocolate, gianduja milk chocolate, chocolate para mesa, bitter chocolate para mesa, and praline) were added.

Businesses need to check their chocolate products carefully in light of this update to the composition requirements and chocolate types, as it may require affected entrepreneurs to submit a variation application to revise a food category, chocolate type, or product name to comply with the new law. In some cases, it may be necessary to submit a new application to the Thai FDA for the product.

In addition, the new regulation contains specific requirements for chocolate labeling. For instance, chocolate labels must now specify the type and content of all vegetable fats and total cocoa solids in the ingredient list. A chocolate product using alcohol as a flavoring agent must include the statements “Contains alcohol [X]%” and “Children and pregnant women should not consume” in clearly visible Thai language text on the label.

An entrepreneur will have two years to complete their preparations to comply with the updated requirements, as the regulation provides a two-year grace period from the date it comes into effect so that companies may continue to sell their previously approved products.

2. Notification of the MOPH (No. 442) B.E. 2566 (2023) Re: Cocoa Bean Products

On June 29, 2023, the Notification of the MOPH (No. 442) B.E. 2566 (2023) Re: Cocoa Bean Products was published in the Government Gazette, taking effect on June 30, 2023. Cocoa products are diverse. The cocoa products in this notification cover cocoa powder, cocoa mass, cacao powder, and cocoa butter. Before this notification became effective, cocoa butter fell into the fats and oils category, cocoa mass was unsweetened chocolate, cocoa powder and cacao powder were beverages, and cocoa beans were general food-type plants.

Under this notification, affected entrepreneurs are required to submit a variation application to revise the food category or their product’s name to comply with the new regulation, or to submit a new application to the Thai FDA for their product. There is a two-year grace period so that companies may continue to sell their previously approved products.

3. Draft MOPH Notifications on Food Labeling

On June 25, 2023, the Thai FDA launched a public consultation process for the three draft notifications below. The open consultation period runs until August 31, 2023.

1.(Draft) Notification of the MOPH Re: Some Processed Food Requiring That a Label Be Displayed

The Thai FDA has categorized the following foods as a new group of “some processed food” requiring a label:

a) Husked Rice Flour

b) Gelatin Dessert and Jelly

c) Sauces in Sealed Containers

d) Bread

e) Chewing Gum and Candy

f) Meat Products

g) Ready-to-Eat Foods

h) Ready-to-Cook Foods

Normally these foods have specific label requirements. This notification will change the label requirements to follow the Notification of the MOPH Re: Food Labeling, and the MOPH Notification Re: Food Products Requiring the Display of Nutrition Labeling and Guideline Daily Amounts, GDA Labeling.
Foods assigned Thai FDA registration numbers prior to this notification becoming effective can continue to use the same number.

2. (Draft) Notification of the MOPH Re: Labeling of Prepackaged Foods (No. 2)

Warnings for gelatin dessert and brown rice flour have been added.
Gelatin dessert: “Children should consume less” in red text, 5 mm, in a frame with a white background color.
Brown rice flour: “Do not use as a substitute for breastfeeding infants” in red text, with a size not smaller than 5 mm. It must be a contrasting color to the color of the label.

3. (Draft) Notification of the Ministry of Public Health Re: Prescribed Prohibited Foods to Be Produced, Imported or Sold

(Draft) MOPH Notification Re: Some Processed Food Requiring That a Label Be Displayed will repeal and replace MOPH Notification (No. 100) B.E. 2529 (2014) Re: Labeling of Gelatin Desserts and Jelly. Accordingly, this draft notification will repeal and replace MOPH Notification (No. 263) B.E. 2545 (2002) Re: Prescribed Prohibited Food to be Produced, Imported, or Sold, as mentioned with reference to MOPH Notification No. 100.
Glucomannan or konjac flour packed in small containers with a diameter or diagonal of the widest part not larger than 4.5 cm, is still considered to be prohibited food.