(UnOfficial Translation) TENTATIVE TRANSLATION COSMETICS ACT B.E (1992)

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Transcription:

(UnOfficial Translation) TENTATIVE TRANSLATION COSMETICS ACT B.E. 2535 (1992) BHUMIBOL ADULYADEJ REX. Given on the 31th day of March B.E. 2535 Being the 47th year of the Present Reign His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that: Whereas it is expedient that the law on cosmetics be revised: Be it, therefore, enacted by the King, with advice and consent of the National Legislative Assembly acting in the Capacity as the Parliament, as follows: Section 1. This Act Shall be cited "Cosmetics Act B.E. 2535" Section 2. This Act shall come into force on the day following the date of its promulgation in the Royal Government Gazette. Section 3. The following shall be repealed (1) Cosmetics Act B.E. 2517 (2) Cosmetic Act (No.2) B.E. 2518 Section 4. In this Act, "Cosmetics" means (1) preparations designed for use by applying, rubbing, powdering, spraying, or otherwise applying to any part of the body to cleanse or beautify, including skin-care products but www.thailawforum.com 1

excluding ornament and clothing. (2) substances intended for use as admixtures in the manufacture of cosmetics. (3) other substances designated specifically by the ministerial regulation as cosmetics. "container" means any material used specifically for containing or wrapping cosmetics; "label" means any figure, relief, or epithet pertaining to the cosmetics displayed on the cosmetic container, or package, or accompanying the cosmetic or inserted in the container or package, including the document or handbook provided with the cosmetic; "manufacture" means process of admixture, transformation, production, dividing and changing containers; "importation" means bringing or ordering into the Kingdom; "sale" means distribution, disposal, or exchange for commercial purpose and includes availability for sale; "premises" means a building or part of a building and includes the grounds; "Committee" means the Cosmetic Committee; "Secretary-General" means the Secretary-General of the Food and Drug Administration; "Competent official" means a person appointed by the Minister to execute this Act; "Minister" means the Minister in charge of the execution of this Act. Section 5. In order to protect public health, the Minister shall have the power to announce in the Royal Government Gazette, specifying: (1) name, category, kind or description of specially controlled cosmeties which must be duly registered for manufacture for sale or importation for sale under Section 16; (2) name, category, kind, or description of controlled cosmetics which manufacture for sale or importation for sale must be in accordance with the criteria and procedures under Section 27; www.thailawforum.com 2

(3) name, category, kind, or description cosmetics of which manufacture or importation for sale is forbidden; (4) name of substances forbidden to be used as admixtures in the manufacture of cosmetics; (5) name and quantity of substances which may be used as admixtures in the manufacture of cosmetics; (6) name, category, kind or description of cosmetics the label of which is controlled. Cosmetics to be designated specially controlled cosmetics must be ones that may cause serious harm to users or that contain toxic substances or other substances which cause serious harm to the health of users. Before the announcement pursuant to this Section is made, opinions shall be heard from government agencies and private sector concerned as the case may require, except in urgent matters. Section 6. There shall be a Cosmetic Committee comprising the Permanent Secretary of Public Health Ministry as the Committee Chairman, Director-General of Medical Service Department, Director-General of Communicable Disease Control Department, Director-General of Medical Sciences Department, Director-General of Health Department, Secretary-General of the Food and Drug Administration, Director-General of Science Service Department, Director-General of Customs Department, and two representatives of Ministry of University Affairs appointed from among Deans of Faculty of Pharmaceutical Sciences as Committee Members ex officio, and not more than six qualified persons appointed by the Minister, among which there must be not more than two persons who operate the business of manufacture, importation, or distribution of cosmetics appointed as qualified members. The Secretary-General of the Food and Drug Administration shall appoint one official of the Food and Drug Administration as Member and Secretary and two officials as Members and Secretary Assistants. Section 7. A qualified member shall assume a term of office of two years and may be reappointed. www.thailawforum.com 3

Section 8. A qualified member shall vacate office upon (1) death; (2) resignation; (3) dismissal by the Minister for dishonesty on duty, misconduct, or inefficiency; (4) becoming bankrupt; (5) becoming incompetent or quasi-incompetent; or When a qualified member vacated his office before his term of office expires, the Minister may appoint a substitute who shall serve for the remaining term of office of his predecessor. Section 9. A meeting of the Committee must be attended by not less than one half of the total members to constitute a quorum. If the Chairman is absent or cannot perform his duty, the members present shall elect a member among themselves to preside over the meeting. A question of the meeting shall be decided by a majority of votes. A member shall have one vote. When the votes of the members are tie, the meeting chairman shall give a casting vote to decide the question. Section 10. The Committee shall have duty (1) to submit to the Minister its opinions on performance under Section 5, Section 27, or Section 35; (2) to provide advice or opinion on registration and revocation of the register of specially controlled cosmetics, except the case pursuant to Section 23 paragraph three; (3) to provide to the Minister advice or counsel on matters pertaining to cosmetics; (4) to perform other duty required by law. Section 11. www.thailawforum.com 4

The Committee shall have power to appoint subcommittees to make study or perform research on matters within the authority of the Committee or to perform any task assigned by the Committee. The Committee shall determine the quorum and procedure of the subcommittees as deemed appropriate. Section 12. In performing its duty, the Committee or a subcommittee appointed under Section 11 shall have power to issue a written order summoning any person to appear and testify or to submit any document or material for consideration. Section 13. No person shall manufacture for sale or import for sale of specially controlled cosmetics pursuant to Section 5(1), except those accepted for registration by the Secretary General. The provision pursuant to paragraph one shall not apply to a person who has obtained an approval to establish a duty-free shop under the law of customs and has imported specially controlled cosmetics for sale in the duty-free shop. But in this connection, the Minister may promulgate in the Royal Government Gazette any criterion and procedure to be observed for public safety or prevention of violation or non compliance with related laws. Section 14. The competent official shall be duly informed of any manufacture or importation of samples of specially controlled cosmetics for technical study or research or for registration and such samples shall be manufactured or imported in number determined by the competent official and also in accordance with the criteria, procedures, and conditions prescribed in the ministerial regulation. Section 15. An applicant for registration of specially controlled cosmetics shall submit an application therefor and samples and particulars of the cosmetics to the competent official in accordance with the criteria, procedures, and conditions prescribed in the ministerial regulation. www.thailawforum.com 5

The ministerial regulation pursuant to paragraph one shall specify fully what are to be submitted and the definite time is to be taken for registration. Section 16. In registration for specially controlled cosmetics, the following essence shall be specified in the register: (1) name and place of establishment of the person who manufactures for sale or imports for sale; (2) trade name of the cosmetics; (3) active ingredients and other ingredients of the composition; (4) manufacturing process; (5) method of analysis; (6) place of manufacture, instruments and tools used in manufacture, in case of manufacture for sale; (7) storage; (8) containers; (9) label pursuant to Section 5(6) Specially controlled cosmetics, which belong to one same applicant for registration and differ only in their trade name, color, contents, or in other non-essential respect and are announced in the Royal Government Gazette by the Minister with advice and consent of the Committee, shall be registered together in the same register of specially controlled cosmetics. Section 17. Expenses in analysis or examinations for registration shall be borne by the applicant for registration as actually incurred. Section 18. The Secretary General shall issue an order not accepting specially controlled cosmetics for registration if the Committee is of the opinion that: (1) the cosmetics are not safe for use, as described under Section 33(1), (2) or (3); (2) the cosmetics have a name that is pretensions or impolite or deceptive; (3) the cosmetics have a name that is inconsistent with Thai culture or language; www.thailawforum.com 6

(4) the place of manufacture or instruments and tools used in manufacture for sale are not correct according to the ministerial regulation. The order not accepting for registration shall be final. Section 19. If the certificate of registration is lost or damaged in essence, the person manufacturing or importing the specially controlled cosmetics for sale shall submit an application for a certificate substitute to the competent official within fifteen days from the date of knowledge of loss or damage. The application for and issuance of a certificate substitute shall be in accordance with the criteria, procedure, and conditions prescribed in the ministerial regulation. Section 20. The applicant for registration may apply for amendment of items of specially controlled cosmetics already registered by complying with the criteria, procedure, and conditions prescribed in the ministerial regulation, and Section 15 paragraph two shall be applied mutatis mutandis. Section 21. If any item of specially controlled cosmetics already registered subsequently becomes unsafe for use as described under Section 33, the Secretary General with advice or approval of the Committee shall have power to order revocation of registration of such cosmetic. The person who manufactures or imports cosmetics for sale must manufacture or import only specially controlled cosmetics as registered. The person who manufactures specially controlled cosmetics for sale must manufacture and have a place of manufacture and instruments and tools for use in manufacture in accordance with the criteria and procedure prescribed in the ministerial regulation. Every time specially controlled cosmetics are imported, documents supporting importation in accordance with the criteria and procedure prescribed in the ministerial regulation must be www.thailawforum.com 7

made available and, upon release by the customs authorities or competent official concerned, shall be forwarded to the Food and Drug Administration without delay. Section 23. Any person who has registered specially controlled cosmetics and wishes to begin to manufacture or import such cosmetics must notify the Secretary General of the intention. Upon notification pursuant to paragraph one, such person shall pay the annual fee at the rate stated in the ministerial regulation but not exceeding the rate annexed hereto, however, until a suspension of such manufacture or importation is notified. If the annual fee is not paid within the given period, an additional payment at a rate of five percent per month shall be made and the Secretary-General shall issue a notice demanding payment of the annual fee and additional amount be made within thirty days from the date of receipt of such notice. If the payment is still not made fully, the Secretary-General shall revoke the register of such specially controlled cosmetics. Section 24. In the event it appears that a person who manufactures or imports specially controlled cosmetics for sale violated or failed to comply with Section 22 or the ministerial regulation issued under Section 22, the Secretary-General shall be empowered to order cessation of such violation or remedy or compliance and to make public known of said violation or noncomplicance for the purpose of protection of the consumers as required case by case. Section 25. No person shall sell specially controlled cosmetics not duly registered or the register of which having been revoked except sold in a duty-free shop by an operator having fully complied with the criteria and procedure as prescribed and announced by the Minister under Section 13 paragraph two. Section 26. In the event, it is necessary for control purpose, the Secretary-General shall be empowered to issue orders as follows: www.thailawforum.com 8

(1)that a person who manufactures or imports specially controlled cosmetics for sale is required to make detailed reports on his manufacture or importation operation; (2)that a person who manufactures or imports specially controlled cosmetics for sale is required to submit simples of cosmetics manufacture or imported. Section 27. For the purpose of protection of public health, the Minister shall have power to make an announcement in the Royal Government Gazette specifying the quantity of the major components of the controlled cosmetics pursuant to Section 5(2) and prescribing forms of the container, criteria, and means of the manufacture, importation, and storage to be observed by persons manufacturing or importing controlled cosmetics for sale. Section 28. Any person who wishes to manufacture or import controlled cosmetics must act as follows: (1)to inform the name and location of office and place of manufacture or storage of the cosmetics, as the case may be; (2)to inform the name, category, or kind of cosmetics to be manufactured or imported; (3)to inform the contents of active ingredients of such cosmetics. Information pursuant to paragraph one shall be in accordance with the criteria and procedure prescribed in the ministerial regulation. The manufacturer or importer of controlled cosmetics for sale must comply with the announcement of the Minister pursuant to Section 27. The provisions in Section 23 paragraphs two and three, Section 24, and Section 26 shall be applied to manufacture or importation of controlled cosmetics for sale mutatis mutandis. Section 29. Any substance allowable as cosmetic component under Section 5(5) may be lawfully used in cosmetics withoutbeing subjectto any otherrelated law. If any substance allowable as a cosmetic component under Section 5(5) is later on annourfced as a substance forbidden to be used as a cosmetic component under Section 5(4), such www.thailawforum.com 9

announcement shall come into force upon the expiration of a one hundred eighty days'period from the date of announcement, except in case it is seriously dangerous to users, the announcement may be made effective immediately or sooner. Section 30. A controlled label pursuant to Section 5(6) must bear texts as follows: (1)a text that is factual and not one that may cause misunderstanding about the essence of the cosmetics; (2)an indispensable text that if is not mentioned, the consumers may misunderstand about the essence of the cosmetics. The text pursuant to paragraph one (2) shall be in accordance with the criteria, conditions, and specifications prescribed by the Committee in the Royal Government Gazette. Section 31. When seeing that any label is not in accordance with Section 30, the Committee shall order the manufacturer or importer of cosmetics for sale to stop using or correct such label. Section 32. Any person wishing to manufacture or import for sale cosmetics of which the label is controlled may request an opinion of the Secretary-General on the label to be used. A request for opinion, fee, and time length taken in giving an opinion shall be in accordance with the regulation issued by the Minister. Section 33. Cosmetics with any of the following descriptions shall be considered unsafe for use: (1) Cosmetics containing ingredients that may be harmful to users; (2) Cosmetics containing forbidden ingredients pursuant to Section 5(4); (3) Cosmetics manufactured improperly or contained in nonhygienic container; (4) Cosmetics with ingredients that degrade wholly or partly after containing in their containers and are toxic and dangerous to users. www.thailawforum.com 10

Section 34. Cosmetics with any of the following descriptions shall be considered a counterfeit: (1) Cosmetics with any ingredient imitated for the active ingredient of such cosmetics or without the active ingredient as notified to the competent official; (1) Cosmetics claimed to have been duly registered, which is false; (1) Cosmetics with a label designating their manufacturer or origin, which is false; (1) Cosmetics with the active ingredients short of or surpassing the amount registered or notified to the competent official or shown in the label by more than twenty percent. Section 35. Cosmetics with active ingredients in the amount less than or exceeding that registered or notified to the competent official or shown in the label by a value exceeding the deviation value set and announced in the Royal Government Gazette by the Minister but not exceeding that pursuant to Section 34(4) shall be considered cosmetics at variance with the standards. Section 36. No person shall manufacture or import for sale or sell cosmetics unsafe for use pursuant to Section 33, counterfeit cosmetics pursuant to Section 34, or cosmetics at variance with the standards pursuant to Section 35. Section 37. The provisions of the law on protection of consumers in the part pertaining to advertisement shall be applied mutatis mutandis to advertisement of cosmetics, with the Minister exercising the authority of the Consumers'Protection Board and the Committee exercising the authority of the Advertisement Committee. Section 38. When it is evident that a manufacturer or importer of cosmetics for sale committed an offense under this Act or there is reasonable ground to believe that such an offense has been committed, the competent official with approval of the Secretary-General shall be empowered to arrest such person and deliver him to the investigator for legal action. www.thailawforum.com 11

In case with reasonable ground, the Secretary-General may order the competent official to operate with the investigator under the regulation of Ministry of Public Health and with approval of Ministry of the Interior. For such purpose, the competent official shall have the status of an investigator under the criminal procedure code. Section 39. In case with reasonable ground to believe that an offense under this Act has been committed, the Secretary General shall be empowered to order the competent official: (1) to enter into the place of manufacture, importation, storage, or sale of the cosmetics, or into the vehicle carrying the cosmetics, to examine the cosmetics, their containers, or documents pertaining thereto, including the method of manufacture or storage, during sunrise to sunset or during workhours of such place; (2) to take the cosmetics or objects suspected to be cosmetics in a reasonable quantity for examination or analysis; (3) to search, confiscate, or attach cosmetics, theircontainers, documents or substances pertaining thereto; (4) to summon any person to give testimony or surrender documents or evidence for the consideration of the competent official. In the duty performance pursuant to paragraph one, person concerned shall provide reasonable convenience. Section 40. Duty performance pursuant to Section 39(1) shall be carried out in the presence of the person(s) occupying the premises or vehicle or; if the owner or occupier there of is not present, of not less than two persons as witnesses. In case of a less urgent matter, the competent official may issue a written notice to the owner or occupier of the place of manufacture or vehicle for information reasonable in advance Anything so confiscated or attached must be acknowledged by the occupier of the place of manufacture or vehicle or workers at the premises or witnesses, as the case may be. In the event such person(s) refused to so acknowledge, the competent official shall record accordingly. www.thailawforum.com 12

The things confiscated or attached shall be duly wrapped up or packaged and sealed or marked. Section 41. The Secretary-General with approval of the committee shall be empowered to announce results of the examination or analysis of cosmetics or materials suspected to be cosmetics made under Section 39(2) for public information and therefore protection of the consumers. In this connection, the owner of the cosmetics shall be given the opportunity to offer explanations, arguments, or proofs appropriate to the case. Section 42. In duty performance pursuant to Section 39, the competent official shall make the best efforts to cause minimal damage or scattering possible. Section 43. The competent official shall make a record and list of things searched, confiscated, or attached. The record and list pursuant to paragraph one shall be read to the occupier of the place or vehicle, persons present at the place or vehicle, or the witnesses, as the case may be, and shall be attested by said persons, If the persons refused to comply, the competent official shall record accordingly and deliver the record, list, and things confiscated to the Food and Drug Administration, Ministry of Public Health urgently. Section 44. In performing duty, the competent official shall produce his identification card when requested by the person concerned. The competent official's identification card shall be in accordance with the form prescribed in the ministerial regulation. Section 45. www.thailawforum.com 13

When it is evident that cosmetics manufactured for sale, imported for sale, or sold are in violation of Section 13 or have descriptions pursuant to Section 21, Section 33, Section 34, or Section 35, the competent official shall be empowered to confiscate or attach them for litigation. The competent official may order the person manufacturing for sale, importing for sale, selling, or having in possession said cosmetics to destroy the cosmetics or deliver them to him within a given period. If the owner or possessor made no objection to the confiscation or attachments or failed to claim the cosmetics within ninety days from the date of confiscation or attachment, the cosmetics shall become the property of the Food and Drug Administration to be treated in accordance with the regulation of Ministry of Public Health Section 46. Any person who failed to appear and give testimony or to submit documents or materials as ordered by the Committee or subcommittee under Section 12 or as ordered by the competent official under Section 39(4) is liable to an imprisonment,not exceeding one month or a fine not exceeding ten thousand baht or both. Section 47. Any person who violated Section 13 paragraph one or failed to comply with the criteria and procedure prescribed by the Minister under Section 13 paragraph two is liable to an imprisonment not exceeding six months or a fine not exceeding thirty thousand baht or both. Any person who committed the offense pursuant to paragraph one again within a period of five years from the date of the first offense is liable to a penalty two times the penalty pursuant to paragraph one. Section 48. Any person who failed to comply with Section 19 paragraph one is liable to a fine not exceeding five thousand baht. Section 49. www.thailawforum.com 14

Any person who violated or failed to comply with the ministerial regulation issued under Section 14 or violated Section 22 paragraph one or the ministerial regulation issued under Section 22 paragraph two is liable to an imprisonment not exceeding three months or a fine not exceeding twenty thousand baht or both. Section 50. Any person who manufactured or imported specially controlled cosmetics of which the certificate of registration was revoked under Section 21 is liable to an imprisonment exceeding six months or a fine not exceeding thirty thousand baht or both. The provision is Section 47 paragraph two shall be applied mutatis mutandis to the offender pursuant to paragraph one. Section 51. Any person who violated Section 23 paragraph one is liable to an imprisonment not exceeding three months or a fine not exceeding twenty thousand baht or both. The provision in Section 47 paragraph two shall be applied mutatis mutandis to the offender pursuant to paragraph one. Section 52. Any person violated or failed to comply with Section 24 or Section 45 paragraph two is liable to an imprisonment not exceeding three months or a fine not exceeding twenty thousand baht or both. Section 53. Any person who violated Section 25 is liable to an imprison ment not exceeding three months or a fine not exceeding twenty thousand baht or both. If the offense pursuant to paragraph one was committed in negligence, the offender is liable to a fine not exceeding ten thousand baht. The provision in Section 47 paragraph two shall be applied mutatis mutandis to the offender pursuant to paragraph one. www.thailawforum.com 15

Section 54. Any person who failed to comply with an order of the Secretary-General issued under Section 26 is liable to an imprisonment not exceeding one month or a fine not exceeding ten thousand baht or both. Section 55. Any person who failed to comply with Section 28 paragraph one or paragraph three is liable to an imprisonment not exceeding one month or a fine not exceeding ten thousand baht or both. Section 56. Any person who intentionally caused misunderstanding about the origin, condition, quality, quantity or essence of cosmetics, whether his own or other's, or used a label with false texts or texts known or should be known to cause said misunderstanding is liable to an imprisonment not exceeding six months or a fine no exceeding thirty thousand baht or both If the offender pursuant to paragraph one repeated the offense within period of six months from the date of the first offense, he is liable to an imprisonment nol exceeding one year or a fine not exceeding sixty thousand baht or both. Section 57. Any person who sold cosmetics of which the label is controlled without a label or with a label which is incorrect or has incorrect texts, or sold cosmetics with a label which was suspended by the Committee under Section 31, is liable to an imprisonment not exceeding three months or a fine not exceeding twenty thousand baht or both. If the offense pursuant to paragraph one was committed in negligence, the offender is liable to a fine not exceeding ten thousand baht. If the offense pursuant to paragraph one was committed by a person who manufactures or imports for sale cosmetics of which the label is controlled, the offender is liable to an imprisonment not exceeding six months or a fine not exceeding thirty thousand baht or both. www.thailawforum.com 16

Section 58. Any person who in return for payment made unlawful labels or fixed unlawful labels on cosmetics of which the label is controlled, knowing or should know that the labels are unlawful, is liable to a fine not exceeding ten thousand baht. Section 59. Any person who manufactured or imported for sale or sold cosmetics having descriptions pursuant to Section 33(1) or (2) or Section 34(1) or (2) which violated Section 36 is liable to an imprisonment not exceeding one year or a fine not exceeding sixty thousand baht or both. Any person who manufactured or imported for sale or sold cosmetics having descriptions pursuant to Section 33(3) or (4) or Section 34(3) or (4) which violated Section 36 is liable to an imprisonment not exceeding six months or a fine not exceeding thirty thousand baht or both. If importation for sale of the cosmetics pursuant to paragraph one or two done in negligence, the offender is liable to a fine not exceeding thirty thousand baht. If the cosmetics pursuant to paragraph one or two were sold in negligence, the offender is liable to a fine not exceeding ten thousand bath. Section 60. Any person who manufactured or imported for sale cosmetics having descriptions pursuant to Section 35 which violated Section 36 is liable to a fine not exceeding twenty thousand baht. If importation for sale of the cosmetics pursuant to paragraph one was done in negligence, the offender is liable to a fine not exceeding five thousand baht. Section 61. Any person who sold cosmetics having descriptions pursuant to Section 35 which violated Section 36 is liable to a fine not exceeding five thousand baht. www.thailawforum.com 17

If the act pursuant to paragraph one was made in negligence, the offender is liable to a fine not exceeding three thousand baht. Section 62. Any person who did not provide reasonable convenience to the competent official performing duty under Section 39 is liable to an imprisonment not exceeding one month or a fine not exceeding ten thousand baht or both. Section 63. All cosmetics manufactured or imported for sale or sold in violation of Section 13 or having descriptions pursuant to Section 2 1, Section 33, Section 34, or Section 35 together with their container, label, and equipment for use with the cosmetics shall be confiscated, whether there is any person punished by judgement or not, and delivered to the Food and Drug Administration for treatment in accordance with the regulation of Ministry of Public Health. Section 64. In the event the court sentenced any person to a punishment for offence under Section 47, Section 50, Section 53 or Section 59 paragraph one or two, if there is any indication that the person may commit such offense again, the court may order a suspension of his operation in manufacturing or importing for sale or selling cosmetics for a period not exceeding five years from the date of release from the punishment. Section 65. All penalties of a fine alone under this Act may be enforced by the committee or the competent official assigned by the committee. In the event of confiscation or attachment of evidence involved in the offense under this Act, persons empowered to enforce the fine penalty pursuant to paragraph one may do only when (1) in case correction can be made, the offender consents and has corrected the evidence, (2) in case correction cannot be made, the offender consents to the evidence becoming the property of the Food and Drug Administration. www.thailawforum.com 18

In case the offender pays the fine and the evidence has been corrected, the competent official shall release the evidence. All the things becoming the property of the Food and Drug Administration shall be treated in accordance with the regulation of Ministry of Public Health. Section 66. The Minister shall announce names of specially controlled cosmetics and controlled cosmetics within six months from the date on which this Act comes into force. While implementation pursuant to paragraph one is not yet completed, (1) the cosmetics of which manufacture of importation for sale requires a license under Section 5(1) of Cosmetics Act B.E. 2517 shall be regarded as specially controlled cosmetics under This Act and the person licensed to manufacture or import cosmetics for sale and obtaining a certificate of registration of said cosmetics shall be regarded as a person who has registered specially controlled cosmetics under this Act. (2) the cosmetics having standard quality under Section 5(2) of Cosmetics Act B.E. 2517 shall be regarded as controlled cosmetics under this Act and the Minister's announcement prescribing standard quality for said cosmetics shall be regarded as announcement of the Minister under Section 27 of this Act. Section 67. All ministerial regulations issued under the law on cosmetics and are still in force on the date on which this Act comes into force shall continue in force in so far as they are not inconsistent with or contrary to this Act. Section 68. The Minister of Public Health shall be in charge of the execution of this Act and shall have authority of appoint competent officials and issue ministerial regulations fixing rate of fees not exceeding the rate annexed hereto, exempting cases from fee payment, and specifying other activities, and issue announcement for the execution of this Act. www.thailawforum.com 19

Ministerial Regulations and announcements shall become effective upon promulgation in the Royal Government Gazette. Countersigned: Anand panyarachun Prime Minister (Ref. Government Gazette, Volume 109, Part 42, of 8th April 1992) This legislation was the unofficial authorized translation by Food and Drug Administration. www.thailawforum.com 20