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Contribution:

This translation has been provided with the kind assistance of Chaninat & Leeds. Chaninat & Leeds practices both family and business law, including K1 visa Thailand.




 

Chapter 1
Food Cornmission

SECTION 7. There shall be a commission celled the ‘Food Commission” 1on composed of the Permanent Secretary of the Ministry of Public health as Chairmen, Secretary General of the Food and Drug Administration, Director General of the health Department or representative. Director General of Medical Service Department or representative. Director General of the communicable Disease control Department or representative. Director General of the Medical Science Department or representative. Director General of Science and Service Department or representative, Director General of Department of Domestic Trade or representative, Director General of Customs Department or representative, representative from the Ministry of Defense, representative from Ministry of Agriculture, and representative of the Legislative Commission are members end not more than 9 qualified persons appointed by the Minister as members. Of this group not more than 4 persons must be representatives of manufacturer, Importer or dealer of food.

SECTION 8. The Commission shall have the power and duty to offer an advice and opinions to the Minister or the authority, as the case may be, in the following matters;
(1) Promulgation under Section 6
(2) Consideration appeals under Section 19
(3) Withdrawal of the product license under Section 39
(4) To act according to Section 44
(5) To suspend Incenses or withdrew licenses under Section 46

SECTION 9. Members appointed by the Minister shall have a term of office of two years and may be reappointed.

SECTION 10. Apart from vacating office of the expiration of a terms, under Section 0 members appointed by the Minister shell vacate office upon;
(1) death
(2) resignation
(3) being adjudged bankrupt
(4) being adjudged incompetent or quasi – incompetent.
(5) being sentenced by or final judgment to Imprisonment except for petty offenses or offerser3 of negligence.
When a member vacates office before the expiration of his term, the Minister may appoint another person In this stead end shall serve for the remainder of the unexpired term.

In the case of the Minister appointing additional members while other members previously appointed are still in office, the additional member shell be In office equal to the remainder of the unexpired term of the previously appointed members.

SECTION 11. The quorum for the meetings of the Commission shell consist of at least half the total number of members.

If the Chairmen of the Commission Is absent from the meeting those attending shall elect one of themselves as Chairman for the meeting.

Decisions of the Commission shell be by a majority vote. Each member shell have one vote. In case of tie, the Chairman of the meeting shall have an additional casting vote.

SECTION 12. The Commission shall have the power to appoint a subcommittee for carrying out duties that the Commission decreed and Section Ii shell apply to the meeting of the sub-committed mutatis mutandis.

SECTION 13. In the performance of their duties, the Commission Is empowered to issue written orders summoning any person to testify or submit documents or any material for consideration.

Chapter 2
Applications for licences and the Granting of Licences

SECTION 14. No one may to produce food for sale except receiving license from the authority.
Applications for licences and the granting of licences shell be in accordance with the principle, procedures or conditions prescribed in the Ministerial Regulations.

SECTION 15. No one may import food for sale except receiving licence from the authority.
Applications for licence end the granting of licences shell be In accordance with the principle, procedures or conditions prescribed in the Ministerial Regulations.

SECTION 16. Section 14 and 15 shell not Including the following:
(1) Occasional Production or import of food which received occasional licence f roe the authority.
(2) Production or the export of food sample for registration or for consideration before ordering.
Persons receiving exemption under (1) end (2) mist abide by the principle, end conditions prescribed In the Ministerial Regulation.

SECTION 17. Licences Issued under Section 14. Section 15 end Section 18 (1) shell accord protection to the employees end representative of the licensee.

If shall be deemed that actions of the employees or representative of the licencee that Is accorded protection. are the actions of the licencee except when the Iicencee can prove that the actions mere beyond his knowing or control.

SECTION 18. Licenses Issued under section 14 end section 15 shell he valid until the 31st December of the third year from the date of issue. If the licencee wishes to extend the licence, must submit an application before the licence has expired. Upon submitting the application, the licencee can continue the business until the authority does not grant the Iicence extension.

The application for extension of licence and the granting of licence shell be in accordance with the principle and conditions prescribed in the Ministerial Regulations.

SECTION 19. In the event that licence l not granted or does not grant extension of the licence or does not grant permission to modify of production premises, Import premises or storage premises. The person applying for licence, extension of licence or permission to modify premises has the right to appeal to the Minister in writing within 30 days from the date of acknowledgement of the refusal to issue a licence, extention of licence or to modify premises.

The decision of the Minister shell be final.

In the event that the licence is not granted extension of licence, prior to the Ministers decision, the Minister is empowered to allow to continue the business upon request from the person who submitted the appeal.

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