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This is a breakdown of the Tobacco Products Control Act B.E. 2560 (2017) which is the law you will need to follow in order to sell tobacco products as well as cigarettes in Thailand. You will note this is replaces the Tobacco Products Control Act B.E. 2535 (1992) as well as the Non-smokers’ Health Protection Act B.E. 2535 (1992).
Likewise if you are starting a restaurant or starting a bar in Thailand then you might consider also selling tobacco products. Like there is the signage tax which you have to pay for your outdoor signs. Starting a business in Thailand can be difficult hence we have written a few articles on what you might not know. These are registering a business in Thailand as well as those who at this point in time still want to get into the Thai cannabis business as well.
You will note that we have not covered Chapter 1 called the Tobacco Products Control Committee. Most will not need to know that or Category 2 which covers the Bangkok Tobacco Products Control Committee. Neither do we cover Category 3 called the Provincial Tobacco Products Control Committee. We will start from were it becomes important to you the business owner. Likewise we also cover the Public Health Act as well as the those who need an alcohol license on this website.
Notice that we have also covered smoking areas under the law. This Category 5 covers the old laws from the Non-smokers’ Health Protection Act B.E. 2535 (1992). I have not seen this is bars however I have seen this in restaurants in Thailand. They have a smoking and non-smoking section. This law governs it.
You cannot be found selling or distributing tobacco products to individuals under 20 years old as it is prohibited. If there’s uncertainty about a buyer’s or the receiver’s age. Then the seller or distributor must verify it through their national ID card. This or other age-proofing documents. Additionally, you will note that individuals under 18 years cannot be involved in selling or distributing tobacco products.
Likewise violating Article 26 paragraph 1 or 3 could lead to imprisonment for up to 3 months or a fine not exceeding 30,000 THB, or both.
Retailers are forbidden from the following actions regarding tobacco products:
1) Selling tobacco through vending machines
2) Using electronic media or computer networks for tobacco sales (online advertising)
3) Selling tobacco outside of permitted areas specified in their sales license
4) Offering tobacco products as gifts, extras, or in exchange for other goods or services, under certain circumstances
5) Using tobacco price reductions or sales at the point of sale
6) Bundling tobacco products with other goods or services
7) Likewise engaging in door-to-door sales of tobacco products
8) Providing benefits such as event tickets or prizes in exchange for purchasing or bringing tobacco products
9) Displaying prices to encourage tobacco consumption.
Breaking Article 27 (4), (5), (6), (8), or (9), Article 28, or Article 29 may result in a fine not exceeding 40,000 THB. Transgressing Article 27 (7) carries a penalty of a fine not exceeding 20,000 THB. Violating Article 27 (1), (2), and (3) could lead to imprisonment for up to 3 months or a fine not exceeding 30,000 THB, or both.
Distributing tobacco products as samples or promoting widespread consumption is prohibited.
Selling tobacco products is prohibited in the following areas:
1) You can sell tobacco at places of worship or religious ceremonies
2) Likewise no tobacco sold at health facilities, hospitals, or pharmacies
3) Additional outside educational institutions
4) Likewise public recreational areas such as parks and amusement parks
5) Lastly any other areas designated by the Committee’s recommendations.
The Minister, acting on the Committee’s recommendations, may establish a minimum distance from these areas within which tobacco product sales are prohibited. Clear signage indicating these restricted areas must be provided and visible.
In case of violation under Articles 26, 28, 29, 32, 33, or 36 paragraph 1 by a manufacturer or importer of tobacco products, the penalty imposed shall be three times that prescribed for the violation.
It’s prohibited for anyone to advertise or engage in marketing communication for tobacco products.
Displaying the name, logo, or any other identifiers of tobacco products, their manufacturers, or importers for advertising purposes is banned in various media, including print, television, radio, electronic platforms, and advertisement boards. This restriction extends to theaters, cinemas, events, contests, and other similar activities. The Ministerial Regulations, based on the Committee’s recommendations, may specify additional media or locations for advertising and marketing communication.
Violating Articles 30 or 31 could lead to imprisonment for up to 6 months. This or a fine not exceeding 500,000 THB, or both. In the event of a violation by manufacturers, importers or exporters, or advertising or marketing communication agencies of tobacco products. Then the penalty could be imprisonment for up to 1 year. Likewise a fine not exceeding half of the advertisement or marketing communication expenses. However no less than 1,500,000 THB, or both. Additionally, violators may face an additional fine at a rate of 50,000 THB per day during the violation period or until the violation is rectified.
No one is permitted to display the name or logo of tobacco products or their manufacturers or importers on non-tobacco products for advertising purposes. Additionally, the use of tobacco product names or logos, even in edited forms, to promote other products is prohibited. Importing, advertising, or selling such products is also prohibited. Violating Article 32 paragraph 1 may result in a fine not exceeding 100,000 THB, while violating paragraph 2 may lead to a fine not exceeding 50,000 THB.
Advertising products using tobacco product names or logos, or modified versions thereof, in a manner that suggests the promotion of tobacco products is prohibited. Breaking Article 33 carries a penalty of a fine not exceeding 200,000 THB.
No individual is permitted to engage in the manufacture, sale, importation for sale or general distribution, advertising, or marketing communication of the following:
1) Products that resemble tobacco products in appearance.
2) Products consumed through smoking that contain harmful ingredients as specified in Ministerial Regulations based on the Committee’s recommendations.
3) Packaging of products outlined in (1) and (2).
Any person who manufactures or imports for sale or general distribution, or advertises or performs marketing communication of tobacco products under Article 34 (1), (2), or (3), shall be subjected to a fine not exceeding 100,000 THB. Any person who sells tobacco products under Article 34 (1), (2), or (3) may face a fine not exceeding 50,000 THB.
Business operators and affiliated individuals are prohibited from sponsoring or supporting individuals, groups, or public and private entities in any of the following manners:
1) Enhancing the image of tobacco products, manufacturers, or importers.
2) Actions that interfere with or could interfere with tobacco control policies.
3) Advertisement of tobacco products, manufacturers, or importers.
4) Encouraging the consumption of tobacco products.
Paragraph 1 does not apply to activities related to the manufacturing and sale of tobacco products between business operators and related individuals or to donations and humanitarian aid in cases of severe disasters. No individual is allowed to publicize activities or news promoting such actions outlined in paragraphs 1 and 2.
Tobacco product retailers are prohibited from displaying or allowing the display of tobacco products at retail locations. Any display of tobacco product names and prices at retail locations must adhere to rules, procedures, and conditions specified in Ministerial Regulations based on the Committee’s recommendations.
Retailers must also display media concerning the reduction, rejection, and elimination of tobacco consumption produced by the Ministry of Public Health according to specified rules, procedures, and conditions.
Tobacco products intended for sale. The products must meet the composition and combustion standards outlined in the Ministerial Regulations. Tobacco manufacturers or importers of tobacco products are obligated to inform the Ministry of Public Health about the composition and combustion results of tobacco products. Likewise they must have provide samples for inspection and public disclosure according to specified rules as well as the procedures, and conditions.
Note that if the tobacco products fail to meet the prescribed standards. Then the Minister may order their prohibition and well as their importation cessation, or destruction. This with public notification of such orders. Expenses related to the inspections or destruction of tobacco products. These as well as public announcements. You will note that these are the responsibility of the manufacturers or importers.
This according to specified rules as well as procedures as conditions. Likewise Ministerial Regulations in paragraph 1 also provide guidance on technical and academic details or urgent matters related to public health and safety.
Should a manufacturer or importer of tobacco products, who does not declare or partially declares or falsely declares the products under Article 37 Paragraph 2. They may be imprisoned for up to 6 months or fined not exceeding 200,000 THB, or both. Likewise when you violate the order to prohibit selling, importation, or destruction of tobacco products under Article 37 Paragraph 4 may result in imprisonment for up to 1 year or a fine not exceeding 500,000 THB, or both. For violations by persons other than the manufacturer or importer, the fine may not exceed 40,000 THB.
Manufacturers or importers of tobacco products must adhere to packaging regulations specified in Ministerial Regulations by the Committee. This includes ensuring that package labels meet requirements regarding size, color, logos, trademarks, symbols, and images before products are moved from manufacturing sites or imported into the Kingdom, as appropriate. Selling tobacco products without compliant packaging is prohibited.
To safeguard public health, the Committee is empowered to review these regulations every two years from the enactment of this Act. If deemed necessary, revisions may occur before the scheduled timeframe. Breaking Article 38 paragraph 1 could lead to a fine not exceeding 200,000 THB, while violating paragraph 2 may result in a fine not exceeding 40,000 THB.
Manufacturing or importing cigarettes with fewer than 20 rolls per pack or container is prohibited. Cigarettes must be sold intact in full packs or containers and cannot be subdivided for sale. The sale of other tobacco products must adhere to regulations outlined in Ministerial Regulations by the Committee. Violating Article 39 paragraph 1 may result in a fine not exceeding 300,000 THB. Not complying with paragraphs 2 or 3 could lead to a fine not exceeding 40,000 THB.
Manufacturers or importers of tobacco products are required to report production volume, importation into the Kingdom, market share, marketing expenses, income and expenses per Article 35, annual reports, audited financial statements, and any other relevant information for tobacco control purposes to the Committee. This reporting must comply with rules, procedures, and conditions specified in Ministerial Regulations by the Committee.
Any manufacturer or importer of tobacco products who does not declare or partially declares the products under Article 40 may face imprisonment for up to 6 months or a fine not exceeding 100,000 THB, or both. Falsely declaring products may lead to imprisonment for up to 1 year or a fine not exceeding 200,000 THB, or both.
The Minister, based on recommendations from the Committee, has the authority to designate specific public places, workplaces, and vehicles as non-smoking areas, either by type or name. Additionally, smoking areas may be designated within these non-smoking areas as per recommendations from the Committee.
Smoking in non-smoking areas, as prescribed in Article 41 paragraph 2, is prohibited. Breaking Article 42 may result in a fine not exceeding 5,000 THB.
When the Minister, upon recommendations from the Committee, designates public places, workplaces, or vehicles as non-smoking areas, operators must ensure the following conditions:
1) Clear signage indicating the area as non-smoking.
2) Absence of smoking equipment or facilities.
3) Compliance with conditions and characteristics specified in Ministerial Regulations by recommendations of the Committee.
Not complying with Articles 43 or 44 may lead to a fine not exceeding 50,000 THB.
In the event of Ministerial Regulations announced under Article 41 paragraph 2, operators may designate smoking areas with the following conditions:
1) Clear signage indicating the area as a smoking zone.
2) Location away from entrances, exits, or areas within clear view.
3) Clear separation from non-smoking areas and absence of nuisance-causing characteristics.
4) Display of media promoting reduction, rejection, and elimination of tobacco consumption as per Ministerial Regulations recommended by the Committee.
5) Compliance with conditions and characteristics specified in Ministerial Regulations recommended by the Committee.
Not complying with Articles 43 or 44 may lead to a fine not exceeding 50,000 THB.
Non-smoking signs as per Article 43 (1) or smoking areas as per Article 44 (1) must adhere to conditions and procedures specified in Ministerial Regulations recommended by the Committee. Failure to comply with Article 45 could result in a fine not exceeding 5,000 THB.
Operators are responsible for promoting or indicating that an area is non-smoking and must take measures to prevent smoking in non-smoking areas, including warnings and control actions. In cases of violation, if the operator has fulfilled all required and reasonably expected actions, they shall not be considered guilty of the violation. Note that failure to comply with Article 46 paragraph 1 may lead to a fine not exceeding 3,000 THB.
I will write nothing on Category 6 which covers officers who enforce the law. The only thing in the law is that officers can enter the place at anytime including the official working hours of such places for inspection. Note that blocking or failing to properly facilitate an officer on duty under Articles 47 or 48 could result in imprisonment for up to 1 month or a fine not exceeding 10,000 THB, or both. We have not covered the remainder of the Categories. Speak to our criminal lawyer in Bangkok for more issues when you break the law.
The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.
One of the most common crimes that expats get arrested for in Thailand tends to be assault charges. These are also very common amongst tourists who come to Thailand. You will note that the crime in Thailand is not high. Having said that however, once in a while there will be murder charges that make the news headlines. Also take legal advice from a Thai lawyer when arrested.