Thailand’s Proposed Draft Alcoholic Beverages Control Act: Balancing Public Health and Economic Stability

The Thai government is planning to introduce a new amendment to the Alcoholic Beverages Control Act (“Draft Act”). The Draft Act was initially proposed by the Ministry of Public Health and has gone through a public hearing process. On March 3, 2024, the Cabinet acknowledged the principles and plans for enacting the Draft Act, with the goal of striking a balance between safeguarding public health and ensuring economic stability.

Key aspects of the Draft Act include:

1. Providing clearer definitions for terms like “alcoholic beverages,” “marketing communications,” and “people who have problems with alcohol consumption” to enhance the law’s effectiveness and comprehensiveness.
2. Expanding the responsibilities and authority of the National Alcohol Policy Committee and the Alcoholic Beverage Control Committee to set policies, plans, and control measures specifically targeting issues faced by people with alcohol consumption problems.
3. Granting the Minister the power to regulate and set criteria for places prohibiting the sale or consumption of alcoholic beverages, as well as the authority to enter premises, inspect, gather evidence, and issue fines or penalties for violations.
4. Introducing additional penalties for consuming alcoholic beverages in places where alcohol sales occur, and increasing the penalty rates for offenses related to the production or importation of alcoholic beverages.
5. Prohibiting the advertising of alcoholic beverages and restricting the display of names or logos of alcoholic beverages in a manner that boasts their properties or persuades consumption.
6. Addressing the need for treatment and rehabilitation services for individuals with alcohol consumption problems by involving various agencies, including the Department of Disease Control, Department of Medical Services, local government organizations, and the National Health Security Office and authorizing these agencies to promote and support treatment and rehabilitation services for people addicted to alcohol or facing alcohol-related problems, with the Alcoholic Beverage Control Committee determining the criteria, methods, and conditions for such services.

In summary, the proposed Draft Act aims to provide clearer definitions, expand responsibilities, increase enforcement powers, prohibit alcohol advertising, and offer treatment and rehabilitation services to address alcohol-related issues in Thailand.

Author: Panisa Suwanmatajarn, Managing Partner.

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