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Thailand Issues New Regulations to Monitor Sealed Foods Prices

The Chairman of Central Committee on Prices of Goods and Services issued a notification regarding the ‘Prices and Details Concerning Semi-Finished Foods Packed in Sealed Containers’ B.E. 2565 (2022) (the “Notification”), which was published in the Ministerial Information Bulletin No. 10860 of 1st November 2022.  The Notification is the result of a review by the Central Committee on Prices of Goods and Services on the power exercised regarding the provision of prices and details concerning Semi-Finished Foods Packed in Sealed Containers. It is concluded that business operators must continue to notify the prices and details concerning semi-finished foods packed in sealed containers. The purpose of this is to monitor price levels, ensure the fair provision of these goods, and protect consumers.

Scope of the notification

By virtue of Section 9 (2), (3), Section 25 (4), (5) and Section 26 of the Act Governing Prices of Goods and Services B.E. 2542 (1999), the scope of the Notification is as follows:

1.   The Notification is enforced in all localities throughout the Kingdom for a period of one year beginning the day after its initial publication unless a new notice is issued prior to the end of this period.

2.   The Notification requires that the name, trade name, selling prices, buying prices, sale discount, sale plan, and method of sale relating to payment, sale promotion, size, category, weight per unit, be notified by the manufacturer, the hirer for manufacture, the sole distributor of semi-finished noodles packed in sealed containers. The prices notified must be the price on the day this notice comes into effect, and notification must occur within thirty days from the date of effect.

3.   If a business is operated the day after the date of enforcement, the same collection of individuals listed in (2) must notify the same data in paragraph (2) at least fifteen days before the goods in question are sold.

4.   Any data notified by case the manufacturer, the hirer for manufacture, the sole distributor of semi-finished noodles packed in sealed containers under the Notice of Central Committee on Prices of Goods and Services No. 53 B.E. 2564 (2021), Re Notification of Prices and Details Concerning Semi-Finished Foods Packed in Sealed Containers, dated 1st July 2021, shall be considered as notification under (1) for this notice.

Prices or descriptions that vary from what has been notified

5.   No manufacturer, hirer for manufacture, or sole distributor of semi-finished noodles packed in sealed containers shall sell goods that differ from the description notified, nor sell it higher than the prices notified, except where granted permission from the Secretary-General.

6.   Applications to the Secretary-General under (5) shall be according to the Procedures on Consideration Price Fixing and Changes of Notified Particulars or Prices B.E. 2545 (2002) dated 16th August 2002.

7.   If one of the individuals listed in (2) has submitted an application for permission to change the data or the prices differently from that notified, it shall be regarded as submission of an application for permission from the date of enforcement of this Notice.

Process for notifications

1.   The notification under (2) or the application for permission under (6) shall be submitted to the Secretary-General per the forms prescribed by the Secretary-General at the Office of the Central Committee on Prices of Goods and Services, Department of Internal Trade, Ministry of Commerce.

2.   The notification under (1) may be registered by a reply post, by facsimile, or by electronic mail, whereby the date of daily stamp of the post office of the place of origin shall be regarded as the date of notification.

   Regarding facsimile, the date of receipt of such notification shall be considered the date of intention to file a notification.

   Regarding electronic mail, the date of receipt of such notification shall be the day the electronic mail accesses the database system of the Office of the Central Committee on Prices of Goods and Services.

3.   The notification under (2) by facsimile or by electronic mail shall be completed only when the manufacturer, the importer, or the sole distributor of the manufacturer or of the importer, has sent the original to the Secretary-General.

4.   The manufacturer, the importer for sale, the sole distributor of the manufacturer or of the importer, who wishes to file the notification by electronic mail shall sign in the memorandum of agreement on notification of electronic data according to the bases and procedures prescribed by the Secretary-General.

Extensions on notification

The Secretary-General has the discretion to extend the period of time before the lapse of the said period when a request is received by the manufacturer, the importer for sale, the sole distributor of the manufacturer, or the importer. However, an extension requires exceptional circumstances or necessity on behalf of the applicant. For an extension to take Secretary-General is required to issue an order to extend the period thereof, before the lapse of the said period, except in the case of force majeure.

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