You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

May 28, 2015

Animal Feed Control: An Update on Thailand’s Legislation

Informed Counsel

Thailand’s roadmap of food safety, which was approved in 2004, aims to promote the Kingdom as the “kitchen of the world.” Animal feed, i.e., food given to farm animals, plays a major role in the food safety regime—it is part of the stages of food production, dubbed “farm-to-table,” and is an integral component in the overarching food chain. Animal feed must be as safe as meat for human consumption, and therefore registration, inspection, and control of animal feed are vigorously regulated by the regulatory authorities.

The Department of Livestock Development (DLD), Ministry of Agriculture and Cooperatives (MoAC), is the main authority responsible for putting in place a system for the management and control of animal feed. With the tremendous growth in the animal feed business, a new government unit, the Division of Animal Feed and Veterinary Products Control, was established within the DLD on September 26, 2013. This unit is responsible for the control of animal feed and hazardous substances for use in livestock production, as stipulated in the Animal Feed Quality Control Act and the Hazardous Substance Act, respectively.

Due to the rapid evolution of technology, as well as innovation in animal feed and husbandry, animal feed businesses in Thailand have expanded significantly. Much like the changes in food safety and technology, the law controlling animal feed in Thailand has evolved over time. Animal feed was previously regulated under the Animal Feed Quality Control Act B.E. 2506 (1963 Act). The 1963 Act was replaced with the Animal Feed Quality Control Act B.E. 2525 (1983 Act). Then, in 1999, there was an amendment of the Act. And very recently, the Animal Feed Quality Control Act B.E. 2558 (2015 Act) was announced in the Royal Gazette, which came into force on March 5, 2015.

Under the 2015 Act, “specific control animal feed”  must be registered prior to domestically manufacturing or importing animal feed into the Kingdom of Thailand. This term was not defined under the previous Act. The term is very broad in meaning, as it covers feed that has an impact on socioeconomic problems, feed that will probably harm animals, or feed that will have an effect on consumers of meat.

In the future, the MoAC minister will announce the type, quality standard, conditions, and requirements for registration of such animal feed. The types of animal feed that currently require registration include premix, milk products for animals, feed supplements, feed mixed with veterinary drugs, and more.

Veterinary drugs, on the other hand, are regulated by the Thai Food and Drug Administration. Animal drugs must be registered, following the Drug Act B.E. 2510 (1967), as amended. While a drug product license can be transferred from one juristic person to another, an animal feed registration license cannot be transferred. In addition, if the registered animal feed has not been manufactured or imported for two years, the MoAC minister has the power to revoke the registration license of such animal feed. These are the important precautions that animal feed companies should keep in mind.

The 2015 Act allows officers to inspect premises for the importation or manufacturing of animal feed during the daytime, in cases where unlawful action is suspected. Officers may sample the animal feed in a sufficient quantity for further analysis and testing. Under the 2015 Act, officers are also empowered to issue a requisition letter to call persons to provide testimony or submit documents for further consideration. In addition, the 2015 Act also includes additional provisions regarding the issuance of quality assurance certificates by the DLD and the termination of business.

The 2015 Act is a good sign that the responsible authorities are taking measures to preserve the wellbeing of animals and ensure food safety. Those in the animal feed business should closely monitor animal-feed-related ministerial regulations, which will likely be issued in the near future. It is expected that the 2015 Act will improve the registration and surveillance of animal feed, and ultimately, will ensure greater safety for meat consumers.

RELATED INSIGHTS​ 

October 14, 2021
As part of its membership in Lex Mundi, Tilleke & Gibbins has published an updated edition of its Guide to Doing Business in Thailand for 2021. This guide outlines all of the key factors for starting and operating a business in the Thai market. Issues covered include: Investment incentives Financial facilities Exchange controls Import and export regulations Structures for doing business Requirements for the Establishment of a Business Operation of the Business Cessation or Termination of the Business Labor legislation, relations, and supply Tax Immigration requirements This publication is part of Lex Mundi’s Guides to Doing Business series prepared by member firms in more than 100 jurisdictions worldwide. The guides serve as a useful resource when planning an international business strategy or researching a new market.
October 11, 2021
A registration process for plant variety protection (PVP) has been in effect in Myanmar since enactment of the New Plant Variety Protection Law 2016, which was later replaced by the New Plant Variety Protection Law 2019 (“PVP Law 2019”). In accordance with its implementation of this law, the government is encouraging private companies, associations, organizations, and individual plant breeders to apply for the protection of new plant varieties in order to increase crop production in the country. Despite the challenges of the COVID-19 pandemic in Myanmar, Tilleke & Gibbins successfully secured a plant breeder’s rights certificate for a client in June 2020, making the client the first certificate holder in Myanmar. This article summarizes the PVP application and registration process, and offers some practical insights into the authorities’ activities and approach. PVP Registration The Central Committee for National New Plant Variety Protection (PVP Committee) oversees PVP registration, which is administered by the PVP Section of the Department of Agricultural Research (DAR) in the Ministry of Agriculture, Livestock, and Irrigation. To apply for plant breeder’s rights in Myanmar, an application and a technical questionnaire on the new plant variety should be filed with the PVP Section, which reviews the technical questionnaire and determines whether the plant qualifies as a new variety. Four groups are eligible to apply for PVP registration in order to secure plant breeder’s rights under the current PVP legislation: Myanmar nationals; Foreign nationals and organizations whose permanent residence is in Myanmar; Persons or entities resident in a country that has a PVP agreement with Myanmar; and International organizations. An application can be examined in one of four ways (determined by the PVP Committee): Official field trial involving planting the new variety in Myanmar; On-site field inspection of the breeder’s field by the PVP Section; Examination of test
August 27, 2021
The process of registering pesticide products in Myanmar has been slowed significantly by regulatory challenges since the enactment of the Pesticide Law in 2016. In some cases, the whole process can take almost three years. Nonetheless, this stringent and time-consuming process has been functioning smoothly, and Tilleke & Gibbins has successfully received approvals from the Pesticide Registration Board (PRB) despite the ongoing COVID-19 pandemic and state of emergency in the country. Overview Since its enactment, the Pesticide Law of 2016 has governed the regulation of local and imported pesticides under the oversight of the Plant Protection Division (PPD) and the joint secretary of the PRB. All foreign and domestic companies (including subsidiaries and joint ventures) looking to have their agricultural or household pest control products imported into Myanmar must first provide the products’ complete formulas and lists of active ingredients to the PPD, and apply for a pesticide registration certificate. Applications should be supported by a letter of consent from the manufacturer and various other technical documents and requirements. Experts at the PRB will review the technical dossier and inform the applicant if any re-submissions are required. Key Considerations One common cause of delay in the registration process is the requirement to submit both English and Myanmar translations of proposed labels to the PRB. Because the PRB takes a restrictive view of these labels and their translations, having the labels initially reviewed by a local regulatory expert familiar with the requirements will streamline the process by flagging potential issues for correction before submission to the PRB. After document submission is complete, the next stage of the process is further lab testing according to requirements set out by the Myanmar Pesticide Law. Applicants will need to supply the formulated product in an amount sufficient for carrying out supervised trials and
August 26, 2021
The Ministry of Health of Vietnam recently issued Circular No. 10/2021/TT-BYT dated June 30, 2021, stipulating the list of substances prohibited from use in the production and trading of health supplements (“Circular 10”). Circular 10 will come into effect on September 1, 2021. Accordingly, substances found on the following lists will be prohibited from use in health supplements: The list of drugs and drug materials prohibited from importation and production found in Annex V of Decree No. 54/2017/ND-CP of the Government dated May 8, 2017, guiding the implementation of Law on Pharmacy (Decree 54). Lists promulgated with Decree No. 73/2018/ND-CP of the Government dated May 15, 2018, stipulating the list of narcotic substances and precursors, including: List I: Narcotic substances banned from use in healthcare and daily life, the use of which for analysis, testing, scientific research, and criminal investigation is subject to permission by competent authorities. List II: Narcotic substances restricted from analysis, testing, scientific research, criminal investigation, or healthcare as regulated by competent authorities. List III: Narcotic substances permitted in analysis, testing, scientific research, criminal investigation, healthcare, and veterinary medicine as regulated by competent authorities. List IVA: Essential precursors involved in forming the structure of narcotic substances. The list of narcotic active ingredients found in Annex I of Circular No. 20/2017/TT-BYT of the Ministry of Health, detailing articles of the Law on Pharmacy and Decree 54 related to drugs and drug materials under special control. The list of toxic drugs and toxic drug materials under Circular No. 06/2017/TT-BYT of the Ministry of Health dated May 3, 2017. Lists under Circular No. 42/2017/TT-BYT of the Ministry of Health dated November 13, 2017, stipulating the lists of toxic herbal materials, including: Annex I: List of toxic herbal materials of plant origin. Annex II: List of toxic herbal materials of