Alcoholic Beverages Control Act B.E. 2551 16th September 2008
Alcoholic Beverages Control Act B.E. 2551Effective: • Underlying Act became effective 14 February 2008Key Provisions: • Introduction of New Supervisory Bodies • Measures to Regulate the Sale of Alcoholic Beverage • Enforcement and Penalties for Breach 1
Introduction of New Supervisory Bodies Ministry of Public Health (Department of Disease Control) National Alcoholic Beverages Policy Committee Office of Alcoholic Beverages Control Committee Alcoholic Beverages Control (administrative and Committee liaison body)Bangkok Alcoholic Beverages Provincial Alcoholic Beverages Control Committee Control Committee (Bangkok) (Other Provinces) 2
Measures to Regulate the Sale of Alcoholic Beverage • packaging, label and warning statement* (Section 26); • restricted places of sale (Section 27); • restricted times of sale (Section 28) (exception for manufacturers/ importers/ distributors); • restrictions on consumption (Section 29) • age; • intoxicated; • manner of sale (Section 30) • vending machines; • price reduction or discount for purposes of promotion; • vendoring; • prize; drawings; raffles; competitions; • free gifts; samples; forced sales; • others. 3 *Note: Requirements of packaging, label and warning will be specified by notification(s) fromthe Alcoholic Beverages Control Committee.
Measures to Regulate the Sale of Alcoholic Beverage (Cont.)• prohibited places of consumption (Section 31), includes – temples; – hospitals; – educational facilities; – petrol stations or shops in the area of petrol stations; and – public parks.• advertising (Section 32) (act undertaken by any means to allow the public to see, hear or know the statement for commercial interest, including marketing communication) 4
Measures to Regulate the Sale of Alcoholic Beverage (Cont.)• Advertising – ban on all advertising or displaying of name or mark of product in a way that boasts qualification or persuades other persons to drink directly or indirectly; – exceptions: (1) for manufacturers providing information and social creative knowledge* may display mark of product or mark of manufacturer (but must not show picture of product or package) (Section 32, para 2); (2) advertisements originated abroad (Section 32, para 3) *Note: Definitions of providing information and social creative knowledge will be provided by ministerial regulation(s). 5
Enforcement and Penalties for Breach• No enforcement precedent for the new supervisory body has been found.• Soft enforcement since the effective date of Alcoholic Beverages Control Act B.E. 2551: warning letters given out to violators No. Allegation Penalty 1. Labeling, packaging and warning not Imprisonment: 1 year complying with the notification(s) Fine: THB 100,000 Both 2. Sale in prohibited places or at Imprisonment: 6 months prohibited time; Fine: THB 10,000 Sale in breach of manner of sales; Both Consuming alcoholic beverages in prohibited places 3. Sale to prohibited persons or through Imprisonment: 1 year vending machine Fine: THB 20,000 Both 4. Breach of advertising provisions or Imprisonment: 1 year persuading other persons to drink Fine: THB 100,000 or displaying picture of product or 6 package Both Addition Fine: THB 50,000 per day
Section 32Para 1: General prohibition on anyone:a) advertising alcoholic beverage; orb) showing name of alcoholic beverage; orc) mark of the beveragewhich directly or indirectlya) boast of efficacy; orb) induce others to drink.Para 2: Exemption for Manufacturers subject to giving information and socialcreative knowledge provided such advertisement does not show:a picture of product or package of alcoholic beverage but can show(a) symbol of alcoholic beverage; or (b) symbol of manufacturing company,subject to further Ministerial Regulations.Para 3: Exclusion for advertising originating outside of Thailand.