Section 65. Any conformity assessment service provider who fails to comply with section 42 shall be liable to a fine not exceeding three hundred thousand baht.

Section 66. Any person who fails to comply with the order of an Officer issued under section 43(5) or fails to provide cooperation and facilitation to the Officer under section 47 shall be liable to a fine not exceeding ten thousand baht.

Section 67. Any producer, exporter, or importer who fails to recall agricultural commodity pursuant to the order of the Bureau under section 49(2) shall be liable to imprisonment for a term not exceeding three years, or a fine not exceeding three hundred thousand baht or both.

Section 68. Any person who imitates a certified standard mark to be displayed upon an agricultural commodity under section 54 so as to mislead others shall be liable to imprisonment for a term not exceeding three years, or a fine not exceeding three hundred thousand baht or both.

Section 69. Any person who violates section 56 shall be liable to imprisonment for a term not exceeding three years, or a fine not exceeding three hundred thousand baht or both.

Section 70. Any conformity assessment service provider who makes a false report on standard inspection and certification or conceals the facts that should be clarified in a manner likely to cause damage to other persons shall be liable to imprisonment for a term not exceeding three years or a fine not exceeding three hundred thousand baht or both.

Section 71. Any person who gives, offers or agrees to give money, asset or any other benefits to conformity assessment service provider for issuing of the unlawful result of standard inspection and certification shall be liable to imprisonment for a term not exceeding five years, or a fine not exceeding five hundred thousand baht or both.

Any person who demands, accepts or agrees to accept money, asset or any other benefits for his own sake or other person for the act under paragraph one shall be liable to the same punishment as provided in paragraph one.

Section 72. Any person who makes counterfeit standard certificate or the report on standard inspection wholly or partly, addition, erasure or alteration of the content of such certificate or report in order to make any person to believe that is a genuine certificate or report, shall be liable to imprisonment for a term not exceeding three years, or a fine not exceeding three hundred thousand baht or both.

If the offender under paragraph one is the conformity assessment service provider , it shall be liable to imprisonment for a term not exceeding five years, or a fine not exceeding five hundred thousand baht or both.

Section 73. Any producer, exporter, importer, seller, or holder of agricultural commodity for sale who makes use of either counterfeit standard certificate or the report on standard inspection even though it is known of its false pretence shall be liable to imprisonment for a term not exceeding three years, or a fine not exceeding three hundred thousand baht or both.

Section 74. Any person who takes out, causes damage, destroys or renders to no avail of seal or mark stamped or signed upon any article by an Officer in the performance of his duties with the aims of using it as evidence of seizure, attachment or holding of such article, shall be liable to imprisonment for a term not exceeding two years, or a fine not exceeding two hundred thousand baht or both.

Section 75. Any person who advertises, sells or holds of agricultural commodity for sale being subject to comply with mandatory standards prescribed by the Ministerial Regulation, or to display a certified standard mark by knowing or reasonably knowing that such agricultural commodity has not been inspected and certified, shall be
liable to imprisonment for a term not exceeding three years, or a fine not exceeding three hundred thousand baht or both.

Section 76. In case where a juristic person is an offender under this Act, the legal representative, managing director, and any other person acting on its behalf shall be deemed as the offender and be liable to the same punishment as imposed on the juristic person unless that person shall prove of innocence from such juristic person wrongdoing.

Section 77. The committee on settling the offence appointed by the Minister shall have the authority to settle all offences under this Act on the cases of imposition on fine.

The settling committee appointed by the Minister under paragraph one shall consist of three members which includes a government servant from the Ministry of Agriculture and Cooperatives, a public prosecutor and an inquiry official under the Criminal Procedural Code.

When the alleged offender has paid the fine so fixed, the case shall be settled under the Criminal Procedural Code.

Transitory Provisions
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Section 78. All agricultural standards as notified by the Notional Committee on Agricultural Commodity and Food Standards in the Royal Gazette before the effective date of this Act shall be regarded as voluntary standards under this Act.

Section 79. Any person holding certificate as a conformity assessment service provider issued by the National Committee on Agricultural Commodity and Food Standards before the effective date of this Act shall submit formal letter in writing to the Bureau within sixty days as from the effective date of this Act in order to be granted a license by the Bureau. After submission, that person shall be deemed as the conformity assessment service provider under this Act until the Bureau refuses to grant such license or until the certificate is expired. In this respect, all provisions relating to the conformity assessment service provider and control thereof as well as relevant punishment provisions under this Act shall be applied.

Section 80. Any person permitted to apply a certified standard mark for the agriculture commodity by the Bureau, which that mark is registered under the law on trademarks, before the effective date of this Act, shall be allowed to continue its application. That certified standard mark shall be deemed as voluntary certified standard mark under this Act. In this respect, all provisions relating to the standard certification marks, including relevant punishment provisions shall be applied.

Countersigned by:
General Surayudh Julanondh
Prime Minister

Rates of Fees
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1. License under section 20 10,000 Baht each,
2. License under section 33 50,000 Baht each,
3. Substitute license under section 20 5,000 Baht each,
4. Substitute license under Section 33 10,000 Baht each,
5. Renewal license under section 20 or section 33
shall be half of the fee of such respective license per time.

For issuance of the Ministerial Regulation on the determination on fees, the schedules may be prescribed at different rates, taking into account the size or characteristics of business or scopes of standard inspection and certification.

Index Page
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