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Section 61.

Any person who sold cosmetics having descriptions pursuant to Section 35 which violated Section 36 is liable to a fine not exceeding five thousand baht.

If the act pursuant to paragraph one was made in negligence, the offender is liable to a fine not exceeding three thousand baht.

Section 62.

Any person who did not provide reasonable convenience to the competent official performing duty under Section 39 is liable to an imprisonment not exceeding one month or a fine not exceeding ten thousand baht or both.

Section 63.

All cosmetics manufactured or imported for sale or sold in violation of Section 13 or having descriptions pursuant to Section 2 1, Section 33, Section 34, or Section 35 together with their container, label, and equipment for use with the cosmetics shall be confiscated, whether there is any person punished byjudgement or not, and delivered to the Food and Drug Administration for treatment in accordance with the regulation of Ministry of Public Health.

Section 64.

In the event the court sentenced any person to a punishment for offence under Section 47, Section 50, Section 53 or Section 59 paragraph one or two, if there is any indication that the person may commit such offense again, the court may order a suspension of his operation in manufacturing or importing for sale or selling cosmetics for a period not exceeding five years from the date of release from the punishment.

Section 65.

All penalties of a fine alone under this Act may be enforced by the committee or the competent official assigned by the committee.

In the event of confiscation or attachment of evidence involved in the offense under this Act, persons empowered to enforce the fine penalty pursuant to paragraph one may do only when
(1) in case correction can be made, the offender consents and has corrected the evidence,
(2) in case correction cannot be made, the offender consents to the evidence becoming the property of the Food and Drug Administration.

In case the offender pays the fine and the evidence has been corrected, the competent official shall release the evidence.

All the things becoming the property of the Food and Drug Administration shall be treated in accordance with the regulation of Ministry of Public Health.

Section 66.

The Minister shall announce names of specially controlled cosmetics and controlled cosmetics within six months from the date on which this Act comes into force.

While implementation pursuant to paragraph one is not yet completed,
(1) the cosmetics of which manufacture of importation for sale requires a license under Section 5(1) of Cosmetics Act B.E. 2517 shall be regarded as specially controlled cosmetics under This Act and the person licensed to manufacture or import cosmetics for sale and obtaining a certificate of registration of said cosmetics shall be regarded as a person who has registered specially controlled cosmetics under this Act.
(2) the cosmetics having standard quality under Section 5(2) of Cosmetics Act B.E. 2517 shall be regarded as controlled cosmetics under this Act and the Minister's announcement prescribing standard quality for said cosmetics shall be regarded as announcement of the Minister under Section 27 of this Act.

Section 67.

All ministerial regulations issued under the law on cosmetics and are still in force on the date on which this Act comes into force shall continue in force in so far as they are not inconsistent with or contrary to this Act.

Section 68.

The Minister of Public Health shall be in charge of the execution of this Act and shall have authority of appoint competent officials and issue ministerial regulations fixing rate of fees not exceeding the rate annexed hereto, exempting cases from fee payment, and specifying other activities, and issue announcement for the execution of this Act.

Ministerial Regulations and announcements shall become effective upon promulgation in the Royal Government Gazette.


Countersigned:
Anand panyarachun
Prime Minister

(Ref. Government Gazette, Volume 109, Part 42, of 8th April 1992)

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

 

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