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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 8
Punishment

SECTION 47. Whoever violates notifications issued under Section 6(4)(5) or (9) shall be liable to a fine of not more then twenty thousand baht.

SECTION 48. Whoever violates notifications issued under Section 6(6) shall be liable to imprisonment of not more than 2 years or a fine of not more than twenty thousand baht or both.

SECTION 49. Whoever violates notifications issued under Section 6(7) shall be liable to a fine of not more than ten thousand baht.

SECTION 50. Whoever violates notifications issued under Section 6(8) shall be liable to imprisonment from six month to 2 years or a fine from five thousand to twenty thousand baht.

SECTION 51. Whoever violates notifications issued under Section 6(10) shall be liable to a fine of not more than thirty thousand baht.

SECTION 52. Whoever does not follow the orders of the Commission under Section 13 or whoever obstructs or not give facility to a competent officer acting under Section 43 shall be liable to imprisonment of not more than one month or a fine of not more than one thousand baht or both.

SECTION 53. Whoever violates Section 14 paragraph one or Section 15 paragraph one shall be liable to imprisonment of not more than 3 years and a fine of not more than thirty thousand baht or both.

SECTION 54. Whoever produces or imports food on occasions with out licence under Section 16(1) or does not follow the Ministerial Regulations prescribed under Section 16 paragraph 2 shall be liable to a fine of not more than five thousand baht.

SECTION 55. Any licencee who violates Section 20 or Section 21 paragraph one shall be liable to a fine of not more than five thousand baht.

SECTION 56. Any licencee who violates Section 22 paragraph one or Section 23 shall be liable to a fine of not more than one thousand baht.

SECTION 57. Any licencee sell controlled food produced for export In the Kingdom, violating Section 24, shall be liable to imprisonment of not more than three years and a fine of not more than thirty thousand baht.

SECTION 58. Whoever violates Section 25(1) shall be liable to imprisonment of not more than 2 years and a fine of not more than twenty thousand baht or both.

SECTION 59. Whoever violates Section 25(2) shall be liable to imprisonment from six months to ten years and a fine from five thousand baht to one hundred thousand baht.

SECTION 60. Whoever violates Section 25(3) shall be liable to a fine of not more than fifty thousand baht.

SECTION 61. Whoever violates Section 25(4) shall be liable to imprisonment of not more than five years and a fine of not more than fifty thousand baht or both.

SECTION 62. Any Iicencee who does not follow the orders of the authority under Section 30(1) shall be liable to a fine of not more than ten thousand baht.

SECTION 63. Whoever does not follow the order of the authority under Section 30(2) shall be liable to a fine of not. more then fifty thousand baht and a daily fine of five hundred baht for the whole period the order was not follow the order.

SECTION 64. Any licencee violating Section 31 paragraph one shall be liable to imprisonment of not more than two years or a fine of not more then twenty thousand baht or both.

SECTION 65. Whoever sell unregistered controlled food under Section 31 shall be liable to a fine from one thousand to ten thousand baht.

SECTION 66. Whoever violates Section 34 shall be liable to imprisonment of not more then one year end a fine of not more than ten thousand baht or both.

SECTION 67. Any licencee violates Section 36 shell be liable to imprisonment of not more than one year or a tine of not more then ten thousand baht or both.

SECTION 68. Any licencee does not follow the order of the authority under Section 38 shall be liable to a daily fine of 500 baht for the whole period the order was not follow the order.

SECTION 69. Whoever produces, imports for sale or distributes food which the Minister has revoked the product licence under Section 39 shall be liable to imprisonment of not more than 3 years or a fine of not more than thirty thousand b.ht or both.

SECTION 70. Whoever advertises food violating Section 40 shall be liable to imprisonment of not more then 3 years and a fine of not more than thirty thousand baht or both.

SECTION 71. Whoever violates Section 41 shall be liable to a fine or not more than five thousand baht.

SECTION 72. Whoever does not follow the order of the authority issued  under section 42 shall be liable to imprisonment of not more than 2 years or a fine of not more than twenty thousand baht or both and addition a daily fine of not less then five hundred baht but not more than one thousand baht for the whole period the order was not followed.

SECTION 73. If the offenses under Section 48, Section 50, Section 58, Section 59, Section 60, Section 61 or Section 59 was committed by directly retail selling to the consumer. The offender shall be liable to imprisonment of not more than 6 months or a vine of not more than five thousand baht or both but if the offender committed the offense again within 6 months after the first offense, the offender shall be liable to imprisonment of not more than one year of a fine of not more than ten thousand baht or both.

SECTION 74. Any licencee produces or imports food after the licence has expired without submitting on application of extension of licence shall be liable to a daily fine of not less than 500 baht but not more than one thousand baht for the whole person the licence is expired.

SECTION 75. Any offense under this act with a penalty of a fine only the Secretary General of the Food and Drug Administration or any person who the Secretary General designated can net the fine.

Transitory Provisions

SECTION 76. Licence under the law concerning the quality control of food prior to this act cones into force shall be in valid until It Is expired. If the licencee wishes to continue the business and has submitted application under this Act, the licencee can continue the business tinder the existing licence until receiving a new licence or until receive notification of the refuse) to grant a licence. In the event that licence is granted, the Iicencee shall take all necessary actions to comply with this Act within 180 days from the date of receiving the licence.

SECTION 77. Product licence end label authorized under the low concerning the quality control of food prior to this Act shell be in valid for 3 years after this Act comes into force.

SECTION 78. The producer or Importer of food prior this act comes into force must applies for licence under Section 14 or Section 15 within 90 days after this Act. Comes into force, upon submitting the application can continue the business until receiving licence or received notification from the authority refusing to grant licence.

Counter-signature:
S.HOTRAKIJ
Deputy Prime Minister.

Schedule of Fees

(1) Factory licence each $0.000 baht
(2) Import licence each $5,000 baht
(3) Occasional Factory licence each 2, 000 baht
(4) Occasional Import licence each 2,000 baht.
(5) Product licence each 5,000 baht
(6) Replacement of licence each 500 baht
(7) Replacement of Product licence each 500 baht
(8) Extension of the licence shall be equal to the fee of each licence

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