Section 33.

Cosmetics with any of the following descriptions shall be considered unsafe for use:
(1) Cosmetics containing ingredients that may be harmful to users;
(2) Cosmetics containing forbidden ingredients pursuant to Section 5(4);
(3) Cosmetics manufactured improperly or contained in nonhygienic container;
(4) Cosmetics with ingredients that degrade wholly or partly after containing in their containers and are toxic and dangerous to users.

Section 34.

Cosmetics with any of the following descriptions shall be considered a counterfeit:
(1) Cosmetics with any ingredient imitated for the active ingredient of such cosmetics or without the active ingredient as notified to the competent official;
(1) Cosmetics claimed to have been duly registered, which is false;
(1) Cosmetics with a label designating their manufacturer or origin, which is false;
(1) Cosmetics with the active ingredients short of or surpassing the amount registered or notified to the competent official or shown in the label by more than twenty percent.

Section 35.

Cosmetics with active ingredients in the amount less than or exceeding that registered or notified to the competent official or shown in the label by a value exceeding the deviation value set and announced in the Royal Government Gazette by the Minister but not exceeding that pursuant to Section 34(4) shall be considered cosmetics at variance with the standards.

Section 36.

No person shall manufacture or import for sale or sell cosmetics unsafe for use pursuant to Section 33, counterfeit cosmetics pursuant to Section 34, or cosmetics at variance with the standards pursuant to Section 35.

Section 37.

The provisions of the law on protection of consumers in the part pertaining to advertisement shall be applied mutatis mutandis to advertisement of cosmetics, with the Minister exercising the authority of the Consumers'Protection Board and the Committee exercising the authority of the Advertisement Committee.

Section 38.

When it is evident that a manufacturer or importer of cosmetics for sale committed an offense under this Act or there is reasonable ground to believe that such an offense has been committed, the competent official with approval of the Secretary-General shall be empowered to arrest such person and deliver him to the investigator for legal action.

In case with reasonable ground, the Secretary-General may order the competent official to operate with the investigator under the regulation of Ministry of Public Health and with approval of Ministry of the Interior. For such purpose, the competent official shall have the status of an investigator under the criminal procedure code.

Section 39.

In case with reasonable ground to believe that an offense under this Act has been committed, the Secretary General shall be empowered to order the competent official:
(1) to enter into the place of manufacture, importation, storage, or sale of the cosmetics, or into the vehicle carrying the cosmetics, to examine the cosmetics, their containers, or documents pertaining thereto, including the method of manufacture or storage, during sunrise to sunset or during workhours of such place;
(2) to take the cosmetics or objects suspected to be cosmetics in a reasonable quantity for examination or analysis;
(3) to search, confiscate, or attach cosmetics, theircontainers, documents or substances pertaining thereto;
(4) to summon any person to give testimony or surrender documents or evidence for the consideration of the competent official.

In the duty performance pursuant to paragraph one, person concerned shall provide reasonable convenience.

Section 40.

Duty performance pursuant to Section 39(1) shall be carried out in the presence of the person(s) occupying the premises or vehicle or; if the owner or occupier there of is not present, of not less than two persons as witnesses. In case of a less urgent matter, the competent official may issue a written notice to the owner or occupier of the place of manufacture or vehicle for information reasonable in advance

Anything so confiscated or attached must be acknowledged by the occupier of the place of manufacture or vehicle or workers at the premises or witnesses, as the case may be. In the event such person(s) refused to so acknowledge, the competent official shall record accordingly.

The things confiscated or attached shall be duly wrapped up or packaged and sealed or marked.

Section 41.

The Secretary-General with approval of the committee shall be empowered to announce results of the examination or analysis of cosmetics or materials suspected to be cosmetics made under Section 39(2) for public information and therefore protection of the consumers. In this connection, the owner of the cosmetics shall be given the opportunity to offer explanations, arguments, or proofs appropriate to the case.

Section 42.

In duty performance pursuant to Section 39, the competent official shall make the best efforts to cause minimal damage or scattering possible.

Section 43.

The competent official shall make a record and list of things searched, confiscated, or attached.

The record and list pursuant to paragraph one shall be read to the occupier of the place or vehicle, persons present at the place or vehicle, or the witnesses, as the case may be, and shall be attested by said persons, If the persons refused to comply, the competent official shall record accordingly and deliver the record, list, and things confiscated to the Food and Drug Administration, Ministry of Public Health urgently.

Section 44.

In performing duty, the competent official shall produce his identification card when requested by the person concerned.

The competent official's identification card shall be in accordance with the form prescribed in the ministerial regulation.

Section 45.

When it is evident that cosmetics manufactured for sale, imported for sale, or sold are in violation of Section 13 or have descriptions pursuant to Section 21, Section 33, Section 34, or Section 35, the competent official shall be empowered to confiscate or attach them for litigation.

The competent official may order the person manufacturing for sale, importing for sale, selling, or having in possession said cosmetics to destroy the cosmetics or deliver them to him within a given period.

If the owner or possessor made no objection to the confiscation or attachments or failed to claim the cosmetics within ninety days from the date of confiscation or attachment, the cosmetics shall become the property of the Food and Drug Administration to be treated in accordance with the regulation of Ministry of Public Health

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This legislation was the unofficial authorized translation by Food and Drug Administration.