The producer, exporter, importer, seller or holder for sale of agricultural commodity, wherever the case may be, shall be responsible for any incurred expenses in relation to the notification, recall, destruction or action under paragraph one.
Section 50. In case where any licensee as producer, exporter, importer or a conformity assessment service provider violates or fails to comply with this Act, or with the Ministerial Regulation or Notification issued under this Act, the Bureau shall have the authority to suspend the license for a period not exceeding three months each.
The suspended licensee under paragraph one shall not operate the business during the suspension period.
Section 51. The Bureau shall have the authority to revoke a license when it is evident that:
(1) any licensee as producer, exporter or importer and any conformity assessment service provider are lack of qualification or shall not be under any prohibited conditions provided in section 21 and section 34 respectively;
(2) any licensee as producer, exporter, importer, or any conformity assessment service provider whose license was suspended, commits any offence again within five years thereof;
(3) any licensee as producer, exporter or importer, or any conformity assessment service provider commits any offence under this Act causing severe injury to the economy or public interests;
(4) any licensee as producer, exporter or importer commits any offence under section 60, section 67, section 68, section 69, section 71 paragraph one, section 72 paragraph one, section73, section 74 or section 75, or conformity assessment service provider commits any offence under section 64, section 70, section 71 paragraph two, section 72 paragraph two or section 74.
Any revoked licensee under paragraph one shall not apply for any new license within two years period as from the date of acknowledgement of the order.
Section 52. The issuance of license suspension under section 50 and license revocation under section 51 shall be in accordance with the rules, procedures and conditions as prescribed by the Committee in the Notification.
Section 53. The Bureau shall notify the name lists of producer, exporter, importer or conformity assessment service provider whose license has been suspended or revoked under section 50 or section 51 to public for the benefits of consumer or public protection according to the rules, procedures and conditions as prescribed by the Committee in the Notification.
Chapter VII
Standard Certification Marks
Section 54. Standard certification marks for displaying upon agricultural commodity consist of two types as follows:
(1) a mandatory standard certification mark for displaying upon agricultural commodity certified in accordance with the mandatory standards;
(2) a voluntary standard certification mark for displaying upon agricultural commodity certified in accordance with the voluntary standards.
The characteristics, usage and display of the mark shall be in accordance with the rules, procedures and conditions as prescribed by the Ministerial Regulation.
Section 55. The producer, exporter or importer of agricultural commodity under mandatory standards shall display the certified standard mark under section 54 (1) prior to taking out of production place or customs formalities clearance. For the latter case, the display of the mark as otherwise shall be permitted by the Minister under prescribed conditions.
Section 56. No one shall be allowed to use the certified standard mark under section 54, unless producer, exporter or importer who receives the certificate of mandatory or voluntary standards, wherever the case may be.
Chapter VIII
Appeal
Section 57. The producer, exporter, importer, an applicant for the license, or conformity assessment service provider shall have the right to petition against the order of the Bureau issued under this Act to the Committee.
The said petition under paragraph one shall be submitted in writing to the Bureau within thirty days from the date of receiving the Bureau’s order.
The Bureau then, shall submit the said petition to the Committee within seven days from the date of its receiving.
The Committee shall make decision on the said appeal within sixty days from the date of its receiving from the Bureau. The decision of the Committee shall be final.
The said petition under paragraph one shall not be asked for leniency under the Bureau’s order, unless it is lenient by the order of the Committee.
Chapter IX
Penalties
Section 58. Any producer, exporter, or importer who violates section 20 paragraph one or section 50 paragraph two shall be liable to a fine not exceeding three hundred thousand baht.
Section 59. Any licensee as producer, exporter, or importer who fails to comply with section 23, section 24 paragraph one, section 25 paragraph one, section 26, or section 55 shall be liable to a fine not exceeding one hundred thousand baht.
Section 60. Any producer, exporter, or importer who fails to comply with section 27 paragraph one shall be liable to a fine not exceeding five hundred thousand Baht.
Section 61. Any producer, exporter, or importer who fails to comply with the Bureau’s order within the prescribed period under section 32 shall be liable to a fine not exceeding one hundred thousand baht, in addition a daily fine not exceeding ten thousand baht per day shall be imposed during such failure.
Section 62. Any person who violates section 33 paragraph one shall be liable to imprisonment for a term not exceeding three years, or a fine not exceeding three hundred thousand baht or both.
Section 63. Any conformity assessment service provider who fails to comply with section 36, section 37 paragraph one, section 38 paragraph one, section 39, or section 41 shall be liable to a fine not exceeding one hundred thousand baht.
Section 64. Any conformity assessment service provider who violates or fails to comply with section 40 or section 50 paragraph two shall be liable to imprisonment for a term not exceeding three years, or a fine not exceeding three hundred thousand baht or both.
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