2. Product Categories

Beers, RTDs, Whisky
Thailand

This section provides the regulatory definition of the food category in scope, or the appropriate food category for the product in scope. Additionally, it provides the food products that belong to this food category along with the definition and specific information on each of these types of food products.

2.1 Category Name & Definition

General Food

Under the Food Act B.E. 2522 [1], "food" is defined as any edible item or substance that sustains life, which includes the following: 

1. Substances that can be eaten, drunk, sucked or introduced into the body by any means, whether in solid, liquid, or other forms. This definition excludes medicines, psychotropic substances, and narcotics as defined by relevant laws. 
2. Substances intended for use as ingredients in the production of food, including food additives, colorants, and flavorings. 
3. “Controlled foods” means foods published in the Government Gazette by the Minister as the quality or standard control food.

Food will be categorized based on risks into 4 categories as follows: 

Category 1: Specifically Controlled Food 

• Food for weight control individuals, modified milk for infants, and uniform formula milk for infants and children. 
• Food for infants, uniform formula food for infants and small children, and supplementary food for infants and young children. 
• Food additives, enzymes used in food production, and cleaning or sanitizing products for food. 
• Hemp seeds, hemp seed oil, hemp seed protein, and food products containing these ingredients. 
• Food products containing specific parts of cannabis or hemp, as well as food products containing cannabidiol extracts. 

Category 2: Food with Quality or Standard Requirements 

• Food supplements, royal jelly, and its products, cow's milk, flavored milk, and other milk products. 
• Fermented milk, ice cream, food in hermetically sealed containers, and beverages in sealed containers. 
• Chocolate, vitamin-fortified rice, edible salt, electrolyte drinks, tea, coffee, and soybean milk in sealed containers 
• Mineral water, certain types of sauces, seasonings derived from the hydrolysis or fermentation of soybean protein, fish sauce, and vinegar. 
• Edible oils and fats, fish oils, butter oil, margarine, blends, fat spreads, cream, cheese, and semi-processed foods. 
• Honey, jams, jellies, marmalade in sealed containers, ghee, butter, alkaline-preserved eggs, tea infusion, brine for cooking, drinking water in sealed containers, and ice. 

Category 3: Food with Labeling Requirements 

• Husked rice flour, prepared gelatin desserts and jelly, irradiated food, and sauces in sealed containers. 
• Flavoring agents, bread, chewing gum, candies, ready-to-cook and ready-to-eat foods, and special-purpose foods. 
• Meat products and food derived from genetically modified organisms. 

Category 4: General Food 

Refers to food not classified under Categories 1–3 and predominantly used as raw materials in food production or cooking. 

Subcategories of General Food: 

1. Raw Materials: 
   • Includes animals and animal products, plants and plant products, flour and flour products, seasonings, condiments, spices, sugar, cooking ingredients that are not ready-to-eat, and rice in ready-to-sell containers. 
   • Food in this category does not require registration or a food serial number prior to production or importation. However, if registration is completed and a food serial number is obtained, the label must be displayed correctly. 
2. Extracts and Synthetic Substances: 
   • Includes extracts, synthetic substances derived from plants, and nutrients. Food in this category does not require registration or a food serial number. 

If General Food in Category 4 is packaged in hermetically sealed containers, such as metal cans, glass bottles with metal lids and rubber seals, or plastic containers with aluminum foil layers, it will be reclassified as food in a hermetically sealed container under Category 2 [2, 3]. 

Category Name

Alcoholic Beverages

The Thai FDA repealed the announcement classifying alcoholic beverages as controlled-label products, originally issued on October 12, 2002, through a notification published on May 30, 2007. Consequently, alcoholic beverages are no longer categorized as controlled label products and do not fall into any of the 4 categories described above [4]. 

Definition

Aside from tax matters, alcoholic beverages are regulated mainly by the Alcoholic Beverage Control Act, B.E 2551, and the Thailand Liquor Act. According to the Alcoholic Beverage Control Act “alcoholic beverages” are referred to as “liquor” under the Law on Liquor [5]. According to the Law on Liquor, "Liquor" refers to substances obtained from the distillation, mixing, or fermentation of alcohol that can be consumed, such as spirits or other beverages. Liquor that cannot be consumed unless mixed with other substances to make it drinkable is still classified as liquor [6]. 

Also, according to the Thai Industrial Standard TIS 2088-2021 [7], “liquor” refers to any substance or mixture containing alcohol that can be consumed as an alcoholic beverage, or that, when mixed with water or other liquids, can be consumed in a similar manner. This definition excludes beverages with alcohol content not exceeding 0.5% by volume.

Additional Information

According to the Alcoholic Beverage Control Act B.E. 2551 (2008), several restrictions apply to alcoholic beverages, including the following: 

1. Prohibition on Alcohol Sales in Certain Areas. The sale of alcoholic beverages is prohibited in specific locations, such as: 

• Temples or places of worship. 
• State public health service units, infirmaries, and pharmacies. 
• Public offices, except in designated shop or club areas. 
• Dormitories under dormitory law. 
• Educational institutions under the national education law. 
• Petrol stations or shops within petrol stations. 
• Public parks provided by the government for public recreation. 
• Other locations as designated by the Minister with the Committee’s approval. 

2. Prohibition on Alcohol Sales on Specific Days or Periods. The sale of alcoholic beverages is prohibited on certain days or during specific periods as announced by the Minister with the Committee’s advice. Exemptions or conditions may be applied. However, this prohibition does not apply to sales by manufacturers, importers, or agents to licensed retailers under liquor laws. 

3. Prohibition on Certain Alcohol Sales Practices. Certain sales practices for alcoholic beverages are prohibited, including: 

• Use of automatic vending machines. 
• Hawking or peddling. 
• Offering discounts as a sales promotion. 
• Providing privileges, competitions, performances, lucky draws, or other incentives linked to the purchase of alcoholic beverages. 
• Distributing free samples, exchanging products or services for alcoholic beverages, or requiring the purchase of alcoholic beverages as part of a promotional condition. 
• Other practices as designated by the Minister with the Committee’s advice. 

4. Prohibition on Alcohol Consumption in Certain Areas. Alcohol consumption is prohibited in specific locations, including: 

• Temples or places of worship, except as part of religious ceremonies. 
• State public health service units, infirmaries, and pharmacies, except in designated living areas. 
• Public offices, except in designated living areas, clubs, or during conventional banquets. 
• Educational institutions, except in designated living areas, clubs, conventional banquets, or for educational courses related to beverage mixing as permitted under education law. 
• Petrol stations or shops within petrol stations. 
• Public parks provided by the government for public recreation. 
• Other locations as designated by the Minister with the Committee’s advice. 

2.2 Product & Definition

1) Beer

Definition

Beer is a beverage with an alcohol content of more than 0.5% by volume, produced by fermenting wort with yeast. It may also contain added flavorings, colorants, aromas, and taste enhancers [8]. 

Specifications/Target Age

Alcohol Content [8, 9]

The alcohol content must align with the value specified on the product label, with an allowable tolerance of ±1% by volume. Testing shall be conducted in accordance with AOAC 982.10. 

Chemical Characteristics [8, 9] 

The chemical characteristics must comply with the criteria outlined in Table 1 below. 

Table 1. Chemical Characteristics of Beer [8, 9] 

Total sulfur dioxide

Must not exceed 20 mg/L¹. Testing shall comply with AOAC 963.11, AOAC Section 27.1.39.

 ¹ According to the Excise Department Announcement - Subject: Setting quality standards for liquor imported into the Kingdom (No. 2), the maximum allowable limit is 30 mg/L [9]. Manufacturers are advised to adhere to even stricter criteria. 

Age restriction [4] 

It is prohibited to sell alcoholic beverages to the following individuals: 

• People under 20 years of age. 
• People who have lost consciousness due to being drunk. 

Additional Information

N/A. 

2) Alcoholic Ready-to-drink Beverages (mainly Chuhai) 

“Pre-mixed cocktail” or “soft spirit” means distilled spirits obtained by mixing distilled spirits with other ingredients to obtain the desired color, smell, taste, and alcohol strength [8]. 

Specifications/Target Age

Alcohol Content [7, 8] 

The alcohol content must be as specified on the label, with a tolerance of ±1%. Testing shall comply with AOAC 982.10. 

Chemical Characteristics [7, 8] 

The chemical characteristics must comply with the criteria outlined in Table 2 below. 

Table 2. Characteristics of distilled liquor [7, 8] 

² According to the Excise Department Announcement - Subject: Setting quality standards for liquor imported into the Kingdom (No. 2), the maximum allowable limit is 400 µg/L [9]. Manufacturers are advised to adhere to even stricter criteria. 

Benzoic Acid or Its Salts [7, 8] 

• When calculated as benzoic acid, the concentration must not exceed 200 mg/L. 
• Testing must comply with AOAC 994.11, AOAC Section 37.1.62A 

Sorbic Acid or Its Salts [7, 8] 

• When calculated as sorbic acid, the concentration must not exceed 200 mg/L. 
• Testing must comply with AOAC 974.08, AOAC Section 28.2.02 

Age restriction: same as “Beer” above.

Additional Information

N/A.

3) Whisky

Definition

Whisky refers to a distilled spirit produced from the fermentation and distillation of grains such as barley, malt, corn, rice, and glutinous rice. The distillation process yields an alcohol content not exceeding 95% by volume. The whisky must be aged in suitable wooden barrels for a minimum of two years. When packaged for sale, it must have an alcohol content of no less than 40% by volume. The term 'whisky' also extends to distilled spirits made by blending whisky with grain-distilled alcohol. When packaged for sale, this blended whisky must have an alcohol content of no less than 25% by volume [7]. 

Distilled liquor refers to liquor that has been distilled, and it also includes distilled liquor that has been mixed with fermented liquor but has an alcohol strength exceeding 15 degrees [8]. 

Specifications/Target Age

Same as Specifications/Target Age of “Alcoholic Ready to Drink beverages” above.

Additional Information

N/A. 

2.3 References

1. Food Act B.E. 2522 (1979) 

https://exfood.fda.moph.go.th/law/data/act/E_FoodAct2522.pdf 

2. What is Food and How to Categorize Food? 

https://en.fda.moph.go.th/entrepreneurs-food/category/food-what-is-food-and-how-to-categorize-food 

3. The Public Manual for Entrepreneurs - Food Products 

https://food.fda.moph.go.th/media.php?id=461454372606451712&name=EngVersion.pdf 

4. FDA Notification - Regarding the cancellation of the Food and Drug Administration's announcement that alcoholic beverages are label-controlled products 

https://food.fda.moph.go.th/food-law/announ-fda-50 

5. Alcoholic Beverage Control Act B.E. 2551 (2008) 

https://ddc.moph.go.th/uploads/files/14020220209072300.pdf

6. Thailand Liquor Act B.E. 2493 

https://www.excise.go.th/cs/groups/public/documents/document/dwnt/mzkz/~edisp/uatucm393165.pdf 

7. TIS 2088-2021 Distilled liquor 

https://service.tisi.go.th/tisi-standard-shop/item/tis/55666 

8. TIS 2090-2021 beer 

https://service.tisi.go.th/tisi-standard-shop/item/tis/5620 

9. Excise Department Announcement - Subject: Setting quality standards for liquor imported into the Kingdom (No. 2) 

https://www.ratchakitcha.soc.go.th/DATA/PDF/2563/E/275/T_0025.PDF