Chapter IV
Penalties

Section 45. Any person who obstructs or fails to render facilities or submit representation or deliver documents or evidences to the competent official who is performing the duties under section 5 shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding ten thousand Baht or to both.

Section 46. Any person who fails to comply with an order of the Board or the ad hoc committee under section 17 shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding ten thousand Baht or to both.

Section 47. Any person who, with an intention to cause misunderstanding as to the origin, condition, quality, quantity or other essential matters concerning goods or services, whether they belong to him or other persons, advertises or uses a label containing a statement which is false or know or should be known to cause the misunderstanding , shall be liable to imprisonment for a term not exceeding six months or fine not exceeding fifty thousand Baht, or to both.
If the offender under paragraph one commits the same offence, the offender shall be liable to imprisonment for a term not exceeding one year or fine not exceeding one hundred thousand Baht or to both.

Section 48. Any person who advertises by using a statement under section 22(3) or (4) or statement prescribed in the Ministerial Regulation issued under section 22(6) or violates or fails to comply with section 23, section 24, section 25 or section 26, shall be liable to imprisonment not exceeding three months or fine not exceeding thirty thousand Baht, or to both.

Section 49. Any person who fails to comply with the order of the Committee on Advertisement issued under section 27 or section 28 paragraph two shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding fifty thousand Baht or to both.

Section 50. If an act under section 47, section 48 or section 49 is done by the owner of an advertising media or the advertising businessman , the offender shall be liable to one-half of the penalty provided for
that offence.

Section 51. If the offence under section 47, section 48, section 49 or section 50 is a continual offence, the offender shall be liable to a fine not exceeding ten thousand Baht a day or not exceeding double the advertising expenses throughout period of the violation or non-compliance.

Section 52. Any person who sells the label-controlled goods under section 20 without having labels displayed
thereon or having labels incorrectly displayed thereon or sells goods bearing labels which the Committee
on Labels has prohibited the use there of under section 33 and knows or ought to have known that the nondisplay
of label or the display of such label is against the law, shall be liable to imprisonment not exceeding six months or fine not exceeding one hundred thousand Baht, or to both.

Section 53. Any business operator who fails to comply with the order of the Committee on Labels issued under section 33 shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding fifth thousand Baht or to both.

Section 54. Any person who agrees in return for remuneration to produce labels which do not conform to the law or to attach labels which do not conform to the law to any goods and knows or ought to have known that such labels do not conform to the law shall be liable to a fine not exceeding twenty thousand Baht.

Section 55. Any businessman who fails to comply with the Ministerial Regulation issued under section 35 shall be liable to a fine not exceeding ten thousand Baht,

Countersigned by :
S.Hotrakitya
Deputy Prime minister

Section 56. Any businessman who sells which the Board has prohibited to sell under section 36 because they may be harmful to consumers shall be liable to imprisonment for a term not exceeding six months or to fine not exceeding fifty thousand Baht or to both.

If the businessman is the manufacturer or importer for sale, he shall be liable to imprisonment for a term not xceeding five years or to a fine not exceeding five hundred thousand Baht or to both.

Section 57. Any businessman who fails to deliver the contract having contract terms or contract terms with the correct form in accordance with section 35 bis or fail to deliver the receipt of payment containing correct particulars and statements in accordance with section 35 quinque to the consumer within the period of time in accordance with section 35 octo shall be liable to imprisonment for a term not exceeding one year or fine not exceeding one hundred thousand Baht, or to both.

Any businessman who delivers the receipt of payment containing the amount which is more than the amount actually paid by the consumer and having already received such payment shall be liable to imprisonment for a term not exceeding one month or to a fine of five hundred to ten thousand Baht or to both unless he can prove that he had exercised reasonable care in the operation of such business.

Section 57 bis. Any businessman who violates or fails to comply with section 35 septem shall be liable to imprisonment for a term not exceeding one year or fine not exceeding one hundred thousand Baht, or to both.

Section 58. When a person commits an offence under this Act within the place of business of a businessman and the act was done in the interest of the businessman, it shall be presumed that the businessman is a joint offender unless he can prove that he cannot anticipate that such person will commit the offence although he has exercised reasonable care.

Section 59. In the case where the offender who is liable to punishment under this Act is a juristic person, the director or the person responsible for the operation of such juristic person shall be liable to the punishment imposed by law for such offence, unless he can prove that he had no part in the commission of the offence by the juristic person.

Section 60. Any person who, with dishonest, intent, employs, hires, asks as favour, instigates or causes an association recognized by the Board under section 40 to institute civil or criminal proceedings against any businessman in the court in order to cause injury to the businessman, shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding fifty thousand Baht or to both.

Section 61. Any person who, having or acquiring knowledge of any fact though performing the duties under this Act, discloses any fact concerning the affairs of the businessman which normally would be kept confidential by the businessman , shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one year or to a fine not exceeding one hundred thousand Baht or to both, unless the disclosure is made in the course of performing official duties or for the benefit of investigation or trial.

Any person who, having or acquiring knowledge of any fact from the person under paragraph one though performing the official duties or investigation or trial, discloses such fact in the manner likely to cause injury to any person, shall be liable to the same penalty.

Section 62. The Board shall have the power to settle all the offences under this Act and for this purpose, shall have the power to delegate the power to settle the case to an ad hoc committee, sub-committee, inquiry official or competent official under such rules or conditions as it thinks fit.

Subject to the provision of paragraph one, if an inquiry official discovers in holding an inquiry, that any person who has committee an offence under this Act and agreed to have the case settled, the inquiry official shall submit the case to the Board or to the person entrusted by the Board to exercise the power to settle the case under paragraph one within seven days from the data such person agrees to have the case settled .

When the offender has paid the fine so fixed, the case shall be deemed to have been settled.

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