10 March 2011

(UnOfficial Translation)

TENTATIVE TRANSLATION
COSMETICS ACT
B.E. 2535 (1992)

BHUMIBOL ADULYADEJ REX.
Given on the 31th day of March B.E. 2535
Being the 47th year of the Present Reign

His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that:

Whereas it is expedient that the law on cosmetics be revised:

Be it, therefore, enacted by the King, with advice and consent of the National Legislative Assembly acting in the Capacity as the Parliament, as follows:

Section 1.

This Act Shall be cited "Cosmetics Act B.E. 2535"

Section 2.

This Act shall come into force on the day following the date of its promulgation in the Royal Government Gazette.

Section 3.

The following shall be repealed
(1) Cosmetics Act B.E. 2517
(2) Cosmetic Act (No.2) B.E. 2518

Section 4.

In this Act, "Cosmetics" means
(1) preparations designed for use by applying, rubbing, powdering, spraying, or otherwise applying to any part of the body to cleanse or beautify, including skin-care products but excluding ornament and clothing.
(2) substances intended for use as admixtures in the manufacture of cosmetics.
(3) other substances designated specifically by the ministerial regulation as cosmetics.

"container" means any material used specifically for containing or wrapping cosmetics;

"label" means any figure, relief, or epithet pertaining to the cosmetics displayed on the cosmetic container, or package, or accompanying the cosmetic or inserted in the container or package, including the document or handbook provided with the cosmetic;

"manufacture" means process of admixture, transformation, production, dividing and changing containers;

"importation" means bringing or ordering into the Kingdom;

"sale" means distribution, disposal, or exchange for commercial purpose and includes availability for sale;

"premises" means a building or part of a building and includes the grounds;

"Committee" means the Cosmetic Committee;

"Secretary-General" means the Secretary-General of the Food and Drug Administration;

"Competent official" means a person appointed by the Minister to execute this Act;

"Minister" means the Minister in charge of the execution of this Act.

Section 5.

In order to protect public health, the Minister shall have the power to announce in the Royal Government Gazette, specifying:
(1) name, category, kind or description of specially controlled cosmeties which must be duly registered for manufacture for sale or importation for sale under Section 16;
(2) name, category, kind, or description of controlled cosmetics which manufacture for sale or importation for sale must be in accordance with the criteria and procedures under Section 27;
(3) name, category, kind, or description cosmetics of which manufacture or importation for sale is forbidden;
(4) name of substances forbidden to be used as admixtures in the manufacture of cosmetics;
(5) name and quantity of substances which may be used as admixtures in the manufacture of cosmetics;
(6) name, category, kind or description of cosmetics the label of which is controlled.

Cosmetics to be designated specially controlled cosmetics must be ones that may cause serious harm to users or that contain toxic substances or other substances which cause serious harm to the health of users.

Before the announcement pursuant to this Section is made, opinions shall be heard from government agencies and private sector concerned as the case may require, except in urgent matters.

Section 6.

There shall be a Cosmetic Committee comprising the Permanent Secretary of Public Health Ministry as the Committee Chairman, Director-General of Medical Service Department, Director-General of Communicable Disease Control Department, Director-General of Medical Sciences Department, Director-General of Health Department, Secretary-General of the Food and Drug Administration, Director-General of Science Service Department, Director-General of Customs Department, and two representatives of Ministry of University Affairs appointed from among Deans of Faculty of Pharmaceutical Sciences as Committee Members ex officio, and not more than six qualified persons appointed by the Minister, among which there must be not more than two persons who operate the business of manufacture, importation, or distribution of cosmetics appointed as qualified members.

The Secretary-General of the Food and Drug Administration shall appoint one official of the Food and Drug Administration as Member and Secretary and two officials as Members and Secretary Assistants.

Section 7.

A qualified member shall assume a term of office of two years and may be reappointed.

Section 8.

A qualified member shall vacate office upon
(1) death;
(2) resignation;
(3) dismissal by the Minister for dishonesty on duty, misconduct, or inefficiency;
(4) becoming bankrupt;
(5) becoming incompetent or quasi-incompetent; or

When a qualified member vacated his office before his term of office expires, the Minister may appoint a substitute who shall serve for the remaining term of office of his predecessor.

Section 9.

A meeting of the Committee must be attended by not less than one half of the total members to constitute a quorum. If the Chairman is absent or cannot perform his duty, the members present shall elect a member among themselves to preside over the meeting.

A question of the meeting shall be decided by a majority of votes.

A member shall have one vote. When the votes of the members are tie, the meeting chairman shall give a casting vote to decide the question.

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