Alcoholic Beverages Control Act B.E. 2551




                                  16th September 2008
Alcoholic Beverages Control Act B.E. 2551

Effective:
 •  Underlying Act became effective 14 February 2008

Key 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) from
the 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
Samples – Foreign Adverts – Non-compliant




                                      7
Samples – Thai Adverts




                                     8	

            [From The Economist]
Section 32
Para 1: General prohibition on anyone:
a)       advertising alcoholic beverage; or
b)       showing name of alcoholic beverage; or
c)       mark of the beverage
which directly or indirectly
a)       boast of efficacy; or
b)       induce others to drink.

Para 2: Exemption for Manufacturers subject to giving information and social
creative 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.

Alcohol Control_2

  • 1.
    Alcoholic Beverages ControlAct B.E. 2551 16th September 2008
  • 2.
    Alcoholic Beverages ControlAct B.E. 2551 Effective: •  Underlying Act became effective 14 February 2008 Key Provisions: •  Introduction of New Supervisory Bodies •  Measures to Regulate the Sale of Alcoholic Beverage •  Enforcement and Penalties for Breach 1
  • 3.
    Introduction of NewSupervisory 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
  • 4.
    Measures to Regulatethe 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) from the Alcoholic Beverages Control Committee.
  • 5.
    Measures to Regulatethe 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
  • 6.
    Measures to Regulatethe 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
  • 7.
    Enforcement and Penaltiesfor 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
  • 8.
    Samples – ForeignAdverts – Non-compliant 7
  • 9.
    Samples – ThaiAdverts 8 [From The Economist]
  • 10.
    Section 32 Para 1:General prohibition on anyone: a)  advertising alcoholic beverage; or b)  showing name of alcoholic beverage; or c)  mark of the beverage which directly or indirectly a)  boast of efficacy; or b)  induce others to drink. Para 2: Exemption for Manufacturers subject to giving information and social creative 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.