AMCHAM Food & Agri-Business Alert: Updated Food Labeling Requirements

Vol. 9 of August 1, 2024 

On July 18, 2024, the Thai Food and Drug Administration published in the Government Gazette the Notification of the Ministry of Public Health (No. 450) B.E.2567 (2024) Re: Labeling of Prepackaged Foods. It became effective on July 19, 2024, and repeals the following notifications: 

• Notification of the Ministry of Public Health (No. 367) B.E. 2557 (2014) Re: Labeling of Prepackaged Foods 

• Notification of the Ministry of Public Health ((No. 383) B.E. 2560 (2017) Re: Labeling of Prepackaged Foods (No. 2) 

• Notification of the Ministry of Public Health (No. 401) B.E. 2562 (2019) Re: Labeling of Prepackaged Foods (No. 3) 

• Notification of the Ministry of Public Health (No. 410) B.E. 2562 (2019) Re: Labeling of Prepackaged Foods (No. 4) 

The new notification contains the following updated requirements: 

1. The definition of “best before” has been clarified and is consistent with the Codex. According to the notification, “best before” means the date that signifies the end of the period in which the food has the best quality under any storage conditions stated on the label. After the specified date, the quality of the food may change, and after this date the food cannot be marketed.

2. Some labeling exceptions have been clarified. Labels are required for prepackaged foods, except for the following: 

• Foods that are sold directly to consumers by manufacturers, with the manufacturers being able to provide consumers with information about the foods they produce. Examples include food hawkers, food stalls, some foods sold via electronic commerce systems, and so on. 

• Food that does not undergo any processing. 

• Fresh foods that are not sold to consumers, and that are peeled, removed, eviscerated, trimmed, or any other means to reduce size, may be either cooled or not and packed in containers that are able to display the condition of the food they contain. 

• Prepackaged food that is produced and sold to serve in food shops, restaurants, hotels, schools, academic institutes, hospitals, or any other similar settings, including food delivery services. 

   Any of these excepted foods that have received food serial numbers also must follow the notification. 

3. Food labeling requirements have been revised as follows: 

• Displaying information in addition to the specified information is acceptable if it does not mislead consumers regarding the essential information. Acceptable examples include displaying information on producers, importers, and packers, and displaying information for people with food allergies. 

For example, the label can display the message “production location” instead of “manufacturer” or “manufactured by.” 

• In the case of food where the net weight cannot be displayed, it must be expressed in units, such as fresh eggs, salted eggs, and so on. 

• Listing the ingredients in descending order is now only a labeling recommendation. This means it is no longer mandatory to present the ingredient list in descending order. 

• The text “Information for Food Allergies” may be substituted for similar text in a prominent and easily readable location. 

• The Thai FDA added shellfish, squid, and products from shellfish or squid as allergens. 

• Displaying information on food additives in the case of color does not require specifying whether they are natural or synthetic. In addition, “color” is defined as the meaning laid out in the Notification of the Ministry of Public Health Re: Food Additives. 

The notification clarifies the language for displaying the expiration date or best-before date. Under the clarified rules, if there is a requirement to display the words “manufactured,” “expired,” or “best before” according to the notification of the Ministry of Public Health regarding each type of food, it must be displayed according to the notification of the Ministry of Public Health on that food. Such messages may also be displayed in English with a similar meaning. 

• Display of warnings: If there are multiple applicable notifications with overlapping required warnings, the warnings can be displayed together by displaying the message completely as specified. 

• Labels for food sold as raw materials to food producers who are not consumers, packers, cookers, or food distributors must have at least certain particulars laid out in the notification, and language of these messages on the label may be English instead of Thai. 

4. To make labeling clearer, labels must be placed, tagged, or presented on containers or packets of food packaging, must be permanent and not easily peeled off or torn, and must be in a prominent position, with the size of the label and containers or packets being proportionate. 

5. There have been some adjustments regarding claims of substances or ingredients in food. Food additive claims should not be made about food additives that do not have conditions of use in the Notification of the Ministry of Public Health Re: Food Additives. The new notification adds exemptions for the display claims if the information is provided in a way that explains or emphasizes the differences in products that make claims about food ingredients, that is factual, and that does not deceive consumers, can be proven to be not false. 

 6. Symbols related to trademarks or registered trademarks can be displayed with English symbols or text instead of Thai symbols or text. 

 7. The notification sets conditions for displaying food names by removing the requirement that food names must be horizontally continuous. 

Food products labeled prior to this notification coming into force can still be sold, but not beyond two years from the notification’s effective date.