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13 November 2009

Consumer protection Act,
B.E. 2522 (1979)
Given on the 30th day of April B.E 2522;
Being the 34th Year of the Present Reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:
Whereas it is expedient to have a law on consumer production;
Be it: therefore, enacted by the King , by and with the advice and consent of the National
Legislation Assembly acting as the national Assembly as follows:

Section 1 This Act is called the “Consumer Protection Act, B.E. 2522”.

Section 2.* This Act shall come into force as from the day following the date of publication in the Government Gazette.

Section 3. In this Act:“Purchase” includes hire, hire-purchase or acquire by whatever means for monetary consideration or other value;“Sale” includes let, sell by hire-purchase or procure by whatever means, for which monetary consideration or other value is demanded, and also includes offer or invitation to do as afore said;

“Goods” means articles produced or possessed for sale;

“Service” Means an undertaking to accomplish a work, grant of any right or permission to use or conferring benefit in any property or business, for which monetary consideration or other value is demanded, excluding hire of services under the labour laws;

“Produce” means manufacture, mix, prepare, assemble, invent or denature, and includes transform, modify , select or divide for repackaging;

“Consumer”** mean a person who buy or obtains services from a business man or a person who has been offered or invited by a businessman to purchase goods or obtain services and includes a person who duly uses good or a person who duly obtains services from a businessman even he/she is not a person who pays the remuneration

“Business man” mean a seller, manufacturer or importer of goods sale, or purchaser of goods for re-sale, person who renders services, and includes a person who operates the advertising business:

“Statement” includes an act expressed in the form of letters, pictures, cinematographic film, light, sound, sign, or any act enabling the public to understand its meaning;

“advertisement” includes any act which, by whatever means, causes the statement to be seen or known by an ordinary person for trading purposes;

“advertising media” means a thing as advertising media, such as newspaper, printed matter, radio, television, post and telegram, telephone or sign board;

“label” means a picture, design, paper or any other thing causing the statement relating to good to appear on the goods, or the goods, or container or package of goods, or inserted in or put together with the goods or container or package of goods, and includes a document or hand-book on usage, or tag attached to or displayed on the goods or container or package of such goods;

“contract” * means an agreement between a consumer and a business man for purchasing and selling goods or providing and obtaining services.

“Board” means the Consumer Protection Board;

“member” means a member of the Consumer Protection Board;

“competent official” means a person appointed by the Minister for the execution of this Act;

“Minister” means the Minister having charge and control of the execution of this Act.

Section 4 The consumer has the following right of protection:
(1) the right to receive correct and sufficient information and description as to the quality of goods or services;
(2) the right to enjoy freedom in the choice of goods or service
(3) the right to expect safety in the use of goods or services;
“(3 bis) the right to receive a fair contract”**
(4) the right to have the injury considered and compensated in accordance with the laws on such matters or with the provision of this Act.

Section 5 In the performance of duties under this Act, competent official shall have the following powers;
(1) to count, weigh, measure, inspect and collect or take free of charges, goods in reasonable quantities as samples for testing, subject to the rules prescribed by the Board;
(2) to search, seize or attach goods, container or package of goods, label or other document which do not conform with this Act for the purpose of instituting legal proceeding in the case where there is a reason to suspect an offence under this Act has been committed;
(3) to enter any premises or vehicle in order to inspect the manufacture of goods, sale of goods or services, as well as to examine books of account, related document and equipment of a businessman in the case where there is a reason to suspect that an offence under this Act has been committed;
(4) to issue a summons to any person to give statement or submit necessary document and evidences for supplementing the consideration of the competent official.

In the performance of duties under paragraph one, the competent official shall be provided with reasonable by the person concerned.

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