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

January 13, 2021

Thailand’s Industrial Standards Body Grants Six-Month Extension on New Labeling Requirements

The Thai Industrial Standards Institute (TISI) has postponed a requirement to display QR codes next to the Thailand Industrial Standards (TIS) logo on certain product labels, linking to each product’s licensing information. Originally scheduled to take effect on January 21, 2021, TISI has agreed to extend this implementation date by a further six months owing to complexities involving product labeling and the COVID-19 pandemic. Manufacturers and importers therefore have an extra six months to prepare for compliance with the new regulations, which will now come into force on July 20, 2021.

Thailand’s Ministry of Industry (MOI) requires various manufactured goods, such as gas water heaters, fans, light bulbs, rice cookers, fuel oils, toys, and so on, to meet Thailand’s industrial standards before they are imported or manufactured domestically. The standards, governing product qualities such as design, shape, manufacturing process, durability, safety, and packaging, are laid out in the Industrial Product Standards Act (No. 6) B.E. 2548 (2005) and overseen by the TISI (which operates as part of the MOI). As the MOI prescribes these compulsory standards, via TISI, to ensure product safety and prevent harm to consumers and the public, once a product becomes subject to them it cannot be manufactured or imported without an appropriate license from TISI. Such products must display the TIS logo on their labels.

However, many products have been found to display the TIS logo dishonestly—that is, without having been evaluated or licensed by TISI. To deal with this dishonest use of the TIS logo, MOI Regulation Re: Format and Methods to Label and Use Markings on Industrial Products B.E. 2563 (2020) was issued in July 2020, mandating that various household appliances and other approved goods display a QR code linking to the TISI license information.

With the postponement of this regulation, all affected companies should take the opportunity to use the additional time to review their labeling standards and make any necessary preparations in advance of the new implementation date (July 20, 2021) to ensure that their product labels comply with the requirements of the ministerial regulation.

For more details on compliance with this or any other regulatory requirements, please contact Tilleke & Gibbins’ Bangkok office at [email protected] or +66 2056 5555.

RELATED INSIGHTS​ 

June 2, 2023
Thailand’s labeling requirements have new rules on product label font size and readability following the issuance of Announcement of the Label Committee Re: Characteristics of the Label for Label-Controlled Goods No. 3, which is a bylaw of the Consumer Protection Act (CPA). The announcement takes effect on June 18, 2023, and applies to all “label-controlled goods,” which are described under the CPA and its bylaws as goods either produced by factories in Thailand or imported into Thailand for sale. The labels of these goods must meet current labeling requirements, such as having information about the product name, quantity, intended use, cautions, and expiry date. Label readability—specifically in terms of the size of text on labels—is also a mandatory requirement, and is the focus of this latest announcement. Text size requirements are an important part of ensuring that consumers are fully aware of the details of a product before deciding to purchase the goods. According to the announcement, any statement or text displayed on a label must be easily visible and readable. The size of the text must be proportional to the label area. Specifically, the text height must not be less than 2 millimeters (or 1.5 millimeters for labels with an area of less than 35 square millimeters). The announcement does not clarify exactly how the height of the text will be determined. Some companies have expressed concern that these requirements are too strict and will be challenging to meet, especially for small businesses. The text size requirements may be expensive to implement, as the larger text requires more space on the label, potentially leading to larger labels or packages, higher production costs, or even expensive recalls to affix new labels. In some cases, text size requirements may even make it impossible to fit all the required information on
April 20, 2023
Food safety is one important area of focus as Cambodia continues to improve its regulatory framework surrounding consumer protection. Last year, the new Law on Food Safety set out the main principles to regulate the food sector, providing general rights and obligations of food businesses and requirements for food products traded in Cambodia. Then in the first months of 2023, two implementing regulations were issued to clarify the overarching principles of the Law on Food Safety, as well as its enforcement mechanisms. The adoption of these enforcement-related regulations is once again a clear signal to the market that the Cambodian government is taking the enforcement of consumer protection laws seriously. Food Surveillance, Seizure, and Recalls The first of these implementing regulations was Sub-Decree No. 13 on the Conditions, Formalities and Procedures for Food Surveillance and Seizure, dated January 6, 2023 (SD 13), followed the next month by Prakas No. 080 on the Forms and Procedures to Seize Unsafe Foods or Foods Not Complying with Technical Regulations, dated February 22, 2023 (Prakas 80). These implementing regulations give clarity on how the authorities will monitor and inspect the food sector, and in what cases the authorities may resort to recalls or seizure of foods. Prakas 80 also provides the necessary paperwork for both inspecting officers and companies to use when reporting on unsafe foods to authorities and the public. Lastly, the regulations further clarify the obligations for food businesses and the penalties for noncompliance. The Consumer Protection, Competition, and Fraud Repression Directorate-General (CCF) of the Ministry of Commerce takes a key role as the main enforcement authority under the regulations. The CCF receives reports on unsafe foods, manages voluntary recalls, publishes warnings to the public regarding unsafe foods, seizes unsafe or otherwise noncompliant goods, and applies the administrative fines and penalties
March 7, 2023
Intellectual property experts from Tilleke & Gibbins’ Hanoi office have written the Vietnam chapter of Practical Law Company’s Copyright Litigation Global Guide 2023, a high-level comparative overview of laws and regulations related to copyright law presented in an easy to read Q&A format. The Vietnam chapter, which includes changes introduced by the latest amendment of Vietnam’s Intellectual Property Law, covers the following topics and more: Sources of law and the court system Types of works that can be protected by copyright Acts that constitute copyright infringement Parties to litigation Enforcement options Procedure in civil courts To read the Vietnam chapter, please visit the Practical Law website or click on the link below.
March 1, 2023
In Cambodia, the Ministry of Commerce takes the lead on many consumer protection matters, issuing and enforcing regulations that contribute greatly to a fairer and more transparent legal framework. The regulations protect consumers while simultaneously creating a more a level playing field for businesses. On September 2, 2022, the ministry issued a new regulation concerning household chemical products. The regulation, named Prakas No. 192 on the Requirements for the Labeling of Household Chemical Products, is another big leap forward in light of the consumer protection framework that the Cambodian government has been rapidly updating in recent years. Interesting issues in the regulation include household chemical product classification, labeling and language requirements, product storage requirements, recall requirements, and obligations for companies engaging in business activities related to household chemicals. In addition, the regulation reminds household chemicals businesses operating online of the need to obtain additional e-commerce licensing. Cambodia’s consumer protection authority, the Consumer Protection, Competition and Fraud Repression Directorate-General—commonly known as the CCF—has already started to enforce the new regulation, as the three-month transition period under the regulation has now passed. Classifying and Defining Household Chemicals The regulation classifies household chemicals into three groups based on the product’s purpose—namely detergents, pesticides, and substances for home and garden protection. There is also a separate list of household chemicals identified as “chemicals not allowed for use in food.” This list is just a reminder, as existing legislation already prohibits the use of the identified chemicals in food. The regulation defines household chemicals as finished chemical products, or chemical additives to products, that can be harmful to health and that have one of the three purposes mentioned above. The regulation further states that the products are for use in “normal life,” such as in homes, workshops, or gardens, or for other public use.