Recently, the Food and Drug Administration (FDA) of Thailand and the Consumer Protection Police Department worked together. They carried out a surprise inspection. The inspection was on a Chinese supermarket. This supermarket is in the Lak Si area of Bangkok. Authorities seized a large number of unregistered flavoring sauces, foods, and cosmetics. These products not only lack FDA registration numbers but also do not have Thai language labels. The law enforcement department has already impounded the relevant products and transferred them to the police for handling.

List of offending goods:

1.Food: 14 types like ready-to-eat processed foods, sealed sauces, edible salt, flavorings, semi-finished foods, and drinking water (12,454 items in total) were seized. They lack FDA registration and Thai labels, violating the 1979 Food Act.

2.Cosmetics: Sanitary napkins and toothpaste (127 items) without registration numbers or Thai labels were seized for violating the 2015 Cosmetics Act.

Consequences of Violations

Under the Food Act, selling FDA-unapproved food or incorrectly labeled products (e.g., missing Thai labels or registration numbers) may result in fines up to 30,000 Thai baht. Selling unregistered cosmetics can lead to fines of up to 20,000 Thai baht. Cosmetics without Thai labels may incur a maximum three-month prison term, a fine of 30,000 Thai baht, or both.

Continuous inspection and legal action

The FDA and Consumer Protection Police plan to continue regular inspections, monitoring, and strict legal actions against violators. Local governments are also tightening market supervision.

Law enforcement reminds merchants to ensure imported health care products meet regulations, have proper labels, and obtain FDA approval. Merchants must check labels and registration details for compliance before selling.

For consumers, when purchasing health care products, they should pay special attention to the FDA logo and label information. Make sure that the products have complete Thai labels. Food products should display the FDA registration number, and cosmetics must have the FDA notification number. Reliable stores are advised to sell health care products to consumers to ensure traceability and enable inspection if issues arise.

Consumers can check product licenses on the FDA website to ensure compliance with Thai regulations. They should also verify labels are complete and accurate when buying food or cosmetics to protect their health and rights.

Operating supermarkets legally in Thailand.

Operating a supermarket legally in Thailand requires compliance with laws on commerce, taxation, labor, and food safety. The following are some of the main steps and regulatory requirements:

1. Company Registration

Company Registration: Firstly, you need to register a company in Thailand. The Department of Business Development (DBD) of Thailand usually processes the registration of a Limited Company.

Tax Registration: After registering the company, you need to register with the Revenue Department of Thailand and obtain a tax identification number.

Registered Capital: Company registration in Thailand requires a certain amount of capital. They usually require a registered capital of at least one million Thai baht.

2.Food Business License and Approval

Thailand’s FDA must approve and register the food and beverages sold in supermarkets. All items must follow Thai food regulations with FDA-approved Thai labels and registration numbers.

If you sell alcoholic beverages, tobacco, or other restricted goods, you must obtain special licenses. For fresh food, meat, and seafood, you may need additional hygiene licenses.

Supermarkets selling imported food must ensure products clear Thai customs and have Thai FDA import approval.

3.Store Location and Licenses

Business Premises License: When choosing the location of your store, you are required to obtain a business premises license from the local government. There may be specific regulations and restrictions on supermarkets in certain areas.

Supermarkets must pass fire safety inspections to comply with Thailand’s fire regulations.

4.Labeling and Packaging Requirements

Thai Language Labels: All food and products for sale must have Thai language labels indicating information such as ingredients, production date, expiration date, storage conditions, etc. Ensure that the labels meet the requirements of the Thai FDA

Other Information Requirements: Besides Thai language labels, food packaging must comply with relevant food safety standards to avoid misleading consumers.

5. Tax Compliance

Value Added Tax (VAT): If the annual revenue of your supermarket exceeds 1.8 million Thai baht, you are required to register for Value Added Tax (VAT) and pay the VAT to the government on a monthly or quarterly basis. The VAT rate is usually 7%.

Corporate Income Tax: Your company is required to pay corporate income tax based on its profits (the maximum tax rate is 20%) and file tax returns on schedule.

Small-scale Sales Tax: Small supermarkets may be subject to different tax regulations. The tax authority may adjust the taxes according to the turnover.

6. Employees and Social

Insurance Labor Contracts: When hiring employees, you need to sign formal labor contracts with them and comply with the provisions of the Thai Labor Law, including working hours, salaries, and vacations.

Social Insurance: Register social insurance for employees and pay social insurance premiums as required (including pension, medical, and work-related injury insurance, etc.).

7. Hygiene and Safety Regulations

Food Safety: All food sold in the supermarket must meet food safety standards. Hygiene inspectors will conduct regular inspections on the supermarket to ensure that food storage, handling, and sales comply with safety standards.

Fire Safety: Ensure that the supermarket complies with Thailand’s fire safety regulations and conduct regular inspections and maintenance.

Epidemic Prevention and Control: According to local epidemic prevention and control regulations, the supermarket may be required to take specific hygiene measures, such as maintaining social distance and wearing masks.

8. Import and Export Requirements

Imported Goods: If you import goods from abroad, especially food and drink, you need to follow Thailand’s customs regulations and obtain the corresponding import licenses. Imported goods need to be approved by the Thailand FDA.

Customs Duties: Import and export goods are required to pay customs duties, and the specific tax rates vary depending on the type of goods and the country of origin.

9. Compliance Inspection and Law Enforcement

Regular Inspections: Relevant departments in Thailand will conduct regular inspections on the supermarket to ensure compliance with all laws and regulations. The inspection contents include food safety, tax compliance, label and packaging compliance, etc.

Legal Liabilities: If any laws are violated, penalties such as fines, suspension of business for rectification, or even closure of the store may be faced.

To operate a supermarket in Thailand, you need to register a company and meet the licensing requirements of the relevant industries. Ensure that the food and commodities comply with Thailand’s food safety and labeling regulations, and abide by the tax, labor, and consumer protection laws. Ensuring compliant operation can not only reduce legal risks but also enhance consumers’ trust and satisfaction. Wellion is dedicated to overseas expansion in Thailand. Our compliance team has rich experience in company registration, FDA and TISI registration, etc. We are committed to providing professional services at reasonable prices.