10 March 2011

AGRICULTURAL STANDARDS ACT
B.E. 2551 (2008)
(UNOFFICIAL TRANSLATION)
_________

BHUMIBOL ADULYADEJ, REX;
Given on the 13th Day of February B.E. 2551;
Being the 63rd Year of the Present Reign.

Authorized UnOfficial Translation

By the Royal Command of His Majesty King Bhumibol Adulyadej it is hereby proclaimed that:

Whereas it is expedient to have the law on agricultural standards;

Whereas it is aware that this Act contains certain provisions in relation to the restriction of rights and liberties of persons in respect of which section 29, in conjunction with section 33, section 41 and section 43 of the Constitution of the Kingdom of Thailand so permit by virtue of law;

Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly, as follows.

Section 1. This Act shall be called the “Agricultural Standards Act, B.E. 2551 (2008)”.

Section 2. This Act shall come into force after one hundred and eighty days as from the date of its publication in the Royal Gazette.

Section 3. In this Act:

“standard” means mandatory or voluntary standards wherever the case may be;

“agricultural commodity” means produce or a product derived from agriculture, fishery, livestock or forestry and by-product of such produce or product;

“mandatory standard” means a standard as determined by the Ministerial Regulation with which agricultural commodity shall comply;

“voluntary standard” means a standard as determined by the Notification for the promotion of agricultural standards ;
“conformity assessment service provider” means anyone who has a license to inspect and certify relevant standards under this Act, and include a government agency having authority and duties to inspect and certify the standards under the law;

“producer” means:

(1) anyone who carries out agriculture, fishery, livestock or forestry works for commercial purposes;

(2) any entrepreneur in agricultural commodity transportation, agricultural commodity warehouse, fish landing, cold storage facility, slaughterhouse, or subsequent businesses relating to agricultural commodity as prescribed by the Committee;

“company” means a limited company under the Civil and Commercial Code or a public limited company under the law on public limited companies;

“Committee” means the Agricultural Standards Committee;

“Bureau” means the National Bureau of Agricultural Commodity and Food Standards.

“Secretary-General” means Secretary-General of the National Bureau of Agricultural Commodity and Food Standards;

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

“Minister” means the Minister assigned to take charge of the execution of this Act.

Section 4. This Act shall not enforce:
(1) a government agency having authority and duties to inspect and certify standards under the law;

(2) standards of commodity, products or any other articles specifically stipulated by other laws.

Section 5. The Minister of Agriculture and Cooperatives shall take charge of the execution of this Act and shall have the authority to appoint Officer and to promulgate Ministerial Regulations on determination of fee schedule which shall not exceed the rates hereto attached, to determine fee exemptions, and to provide other business activities and to issue Ministerial Notifications for the execution of this Act.

Such Ministerial Regulations and Notifications shall come into force upon their publication in the Royal Gazette.

Chapter I
Agricultural Standards Committee

Section 6. There shall be an Agricultural Standards Committee consisting of Minister of Agriculture and Cooperatives or Deputy Minister of Agriculture and Cooperatives entrusted by Minister of Agriculture and Cooperatives as Chairperson, Permanent Secretary of the Ministry of Agriculture and Cooperatives as Vice Chairperson, Secretary-General of the Office of Consumer Protection Board, Secretary-General of the Food and Drug Administration, Secretary-General of the Office of Agricultural Economics, Director-General of the Rice Department, Director-General of the Department of Fisheries, Director-General of the Department of Livestock Development, Director-General of the Department of Agriculture, Director-General of the Department of Customs, a representative of the Ministry of Natural Resources and Environment, a representative of the Ministry of Commerce, a representative of the Ministry of Industry, President of the Thai Chamber of Commerce or his representative, President of the Federation of Thai Industries or his representative, and not more than three experts appointed by the Minister as members; and the Secretary-General as member and secretary.

The Secretary-General shall appoint not more than two government officials of the Bureau as assistant secretaries.

The experts shall acquire knowledge, expertise and experiences in the fields of science, agricultural science, economics, or law.

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