Thailand FDA — Proposed Food Labelling Rules for Prepackaged Foods

Thailand FDA — Proposed Food Labelling Rules for Prepackaged Foods

The Ministry of Public Health Notification No. 450 B.E. 2567 (2024) (“MOPH Notification No. 450”), issued pursuant to the Food Act B.E. 2522 (1979), constitutes Thailand’s current regulatory framework governing the labelling of food in sealed containers. Certain aspects of the existing regime, however, are no longer fully aligned with prevailing international standards or evolving market practices — particularly with respect to allergen disclosure, food additive labelling, exemptions from labelling requirements, and the absence of mechanisms for digital labelling.

In response, the Ministry of Public Health has issued a draft notification on the labelling of food in sealed containers (the “Draft Notification”), which introduces a series of targeted amendments designed to strengthen consumer protection and modernize the applicable regulatory requirements. The Draft Notification is currently open for public consultation from 18 March to 16 April 2026.

Key Proposed Amendment

The Draft Notification introduces several substantive amendments, which may be broadly categorized into four key areas, as summarized below.

1.  Revision of Exemptions from Labelling Requirements

Under MOPH Notification No. 450, certain foods sold directly by manufacturers to consumers are exempt from labelling requirements, provided that the manufacturer is able to convey the relevant information to consumers directly.

The Draft Notification narrows this exemption by introducing nine categories of food that must bear labels in all circumstances, irrespective of the method of sale or whether information can be communicated directly to consumers. These categories are as follows:

• food additives;
• infant formula and infant formula for special medical purposes;
• follow-on formula for infants (6–12 months) and young children;
• supplementary food for infants and young children;
• foods intended for special dietary purposes;
• dietary supplements;
• foods containing added extracts, nutrients, or synthetic substances;
• foods subject to specific warning requirements under other applicable notifications; and
• foods subject to specific manufacturing or storage requirements under applicable regulations.

This amendment reflects a risk-based regulatory approach, ensuring that higher-risk food categories remain subject to mandatory labelling requirements in all cases.

2.  Enhancement of Allergen Labelling Requirements

The Draft Notification revises allergen labelling requirements to improve clarity and achieve greater alignment with international standards. Key changes include:

• Expansion of the allergen list:
• the addition of sesame as a priority allergen; and
• the inclusion of celery, mustard, and lupin as national and regional allergens.
• Clarification of tree nut categories, with specific identification of almond, cashew, hazelnut, pecan, pistachio, walnut, Brazil nut, macadamia, and pine nut (and their derived products).
• Removal of lactose from the allergen list, on the basis that lactose intolerance is not classified as an allergenic reaction under applicable scientific and regulatory frameworks.

These amendments are designed to enhance transparency for consumers and to bring Thailand’s allergen labelling regime into closer conformity with international best practice.

3.  Revision of Food Additive Labelling Requirements

The Draft Notification further refines the requirements governing food additive disclosure, with a view to better reflecting actual manufacturing practices. In particular, it permits additives that serve multiple technological functions to declare additional relevant functions, provided that their use is consistent with those functions.

At the same time, certain functions are no longer required to be declared on labels, specifically:

• carriers; and
• packaging gases.

These revisions seek to strike an appropriate balance between technical accuracy and regulatory practicability, reducing unnecessary complexity in labelling while maintaining an adequate level of transparency for consumers.

4.  Introduction of Digital Labelling

A significant development under the Draft Notification is the formal introduction of optional digital labelling — a mechanism not currently permitted under the existing framework. Digital labelling may be implemented through formats such as QR codes, NFC technology, or barcodes, and will be available for most food categories, with the exception of certain higher-risk products such as infant foods and foods intended for special dietary purposes.

Importantly, digital labelling is not intended to replace physical labels in their entirety. The following core information must continue to appear on the physical packaging:

• product name;
• food registration number;
• net content;
• list of ingredients;
• allergen information;
• warnings; and
• expiry date or best-before date.

This approach reflects a broader shift towards technology-enabled regulatory compliance, while ensuring that essential information remains immediately accessible to consumers at the point of sale.

Current Status

The Draft Notification preserves the core regulatory framework established under the Food Act B.E. 2522 (1979). Several points of clarification are noteworthy:

• Pre-approval requirements are maintained for specific higher-risk food categories — including infant formula and foods intended for special dietary purposes — given the potential consequences of inaccurate labelling for consumer health and safety.
• No dedicated committee mechanism is introduced under the Draft Notification.
• The Draft Notification does not itself prescribe criminal penalties; however, non-compliance remains subject to sanctions under the Food Act.
• Regulatory authorities retain discretionary powers in reviewing labelling content, including the authority to prohibit the use of certain wording were considered appropriate.

Key Takeaway

• Thailand is transitioning towards a more risk-based and internationally aligned food labelling regime.
• Labelling exemptions will be significantly narrowed, with particular focus on higher-risk product categories.
• Allergen disclosure requirements will become more comprehensive and precise.
• Food additive labelling rules are being streamlined to better reflect prevailing industry practice.
• Digital labelling is being formally recognized, marking an important step towards modern and flexible compliance tools.

Author: Panisa Suwanmatajarn, Managing Partner.

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