Notification of the Ministry of Public Health (No. 238) B.E. 2544 (2001) Re: Special Purposed Foods

(Unofficial) Notification of the Ministry of Public Health (No. 238) B.E. 2544 (2001) Re: Special Purposed Foods. It deems appropriate to amend the notification of the Ministry of Public Health, Re: Special Purposed Foods. By the virtue of provisions of Section 5 and 6(7) and (10) of the Food Act B.E. 2522 (1979), in which contain provisions in relation to the restriction of Rights and Liberties of the Persons, in respect of which Section 29 and in conjunction with Section 35, Section 48 and Section 50 of the Constitution of the Kingdom of Thailand so permit by virtue of provisions of law; the Minister of Public Health hereby issues the notification as follows: Clause 1. The notification of the Ministry of Public Health No. 90 B.E. 2528 (1985), Re: Labelling of special purposed foods, dated 11th July B.E. 2528 (1985), shall be repealed. Clause 2. Special Purposed Foods, which are not prescribed foods in the notification of the Ministry of Public Health, Re: Foods in Sealed Containers, are prescribed food to have label and labels shall be approved prior to be used. Clause 3. Special Purposed Foods mean processed, formulated, or specific ingredient foods, for special purpose fit to physical, physiology, or irregular body, by characteristics, appearances, or categories and quantities of ingredients which are clearly different from the same of normal foods. Clause 4. Special Purposed Foods shall be classified as: (1) Foods for specific patients or physically irregular figure. (2) Foods for persons which require special purpose in food consumption such as Weight – control Foods, foods for old age person, foods for pregnant women, etc. Clause 5. Producers or importers of Special Purposed Foods for sale shall follow to the notification of the Ministry of Public Health, Re: Production processes, production equipments, and food storage. Clause 6. Labels of special purposed foods shall follow to the notification of the Ministry of Public Health, Re: Labels, except Clause 3 of the notification of the Ministry of Public Health (No. 194) B.E. 2543 (2000), Re: Labels, dated 19 September B.E. 2543 (2000) shall follow to Clause 7 of this notification. © 2003 FDA, MOPH. Clause 7. Labels of special purposed foods for sale to consumer shall be expressed in Thai language texts but foreign language texts may also be presented and shall have texts to declare details as follows: (1) Name of food, in case of food that are prescribed in 4(1), shall have declaration of “Medical foods” by alphabets of size and colour which are easily read and accompanied to the names. (2) Food serial number. (3) Names and addresses of producers or re-packers for sale, as the case may be. For special purposed foods which are produced within the country, head offices of producers or re packers may be expressed. For imported Special Purposed Foods, names and addresses of importers and country of producers shall be expressed. (4) Net weight of foods shall be expressed in metric system. (a) Solid food shall be expressed in net weight. (b) Liquid food shall be expressed in net volume. (c) Semi-solid food may either be expressed in net weight or net volume. (d) Other form shall be expressed in net weight. (5) Main ingredients of Special Purposed Foods shall be expressed in percentage of approximated weight and in descending order, and incorporated with declarations of nutrients quantities and ratio of such nutrients when compared in percentage to recommended daily intake allowance as prescribed by WHO. (6) Declaration of “Utilize preservatives”, if any. (7) Declarations of “Utilize natural colouring”, or “Utilize artificial colouring”, as the case may be, if used. (8) Declaration of “Utilize........as food enhancer” (the blank is for names of food enhancer used). (9) Declaration of “Utilize ........as artificial sweetener”, (the blank is for names of artificial sweetener used) shall be expressed by alphabets size of not less than 2 mm. with contrast colour of alphabets and the background. (10) Declarations of “Natural flavoured”, “Imitate natural flavoured”, or “Artificial flavoured”, as the case may be, if used. © 2003 FDA, MOPH. (11) Date, month, and year of manufacture shall be incorporated with declarations of “produce”; and date, month, and year of expiration to consume; or date, month, and year of which foods are in good qualities or standards and shall be incorporated with declarations of “expire”, or “consume before”, as the case may be; and date, month, and year shall be respectively expressed. In case where month is expressed, such month may be alphabetically expressed. (12) Instruction for food storage, especially after the food containers is opened. Clause 8. This notification shall not to enforce to modified milk for infant, infant foods, and supplementary foods for children which are prescribed in the notification of the Ministry of Public Health relating to declaration of labels or foods with other purpose as prescribed by the Food and Drug Administration. Clause 9. Food Labelling, which are issued to follow the notification of the Ministry of Public Health No. 90 B.E. 2528 (1985), Re: Labelling of special purposed foods, dated 11th July B.E. 2528 (1985), and No. 68 B.E. 2525 (1982), Re: Labels, dated 29th April B.E.2525 (1982), No. 95 B.E. 2525 (1982), Re: Labels (No. 2), dated 29th April B.E. 2525 (1982), prior to this notification, shall be valid for 2 years as from the come into force date of this notification. Clause 10. Special Purposed Foods producers or importers, whose permits issued prior to this notification, shall apply for food serial number within one year as from the come into force date of this notification. After applying for food serial number, the producers or importers shall be abated from the stipulation in Clause 5 for a period of 2 years after this notification come into force. As a result, the remaining labels are allowed to be used until last but not exceeding to 2 years after this notification come into force. Clause 11. This notification shall come into force as from the day following date of its publication in the Government Gazette. Notified on 11th September 2001. Signed Sudarat Keyurabhun (Mrs. Sudarat Keyurabhun) Minister of Public Health (Published in the Government Gazette Vol. 118, Special Part 90 Ngor, dated 14th September 2001) © 2003 FDA, MOPH. Note: This English version of the notification is translated to meet the need of the non-Thai speaking people. In case of any discrepancy between the Thai original and the English translation, the former will take priority. Note: This English version of the notification is translated to meet the need of the non-Thai speaking people. In case of any discrepancy between the Thai original and the English translation, the former will take priority. © 2003 FDA, MOPH. © 2003 FDA, MOPH.