Translation:Alcoholic Beverage Control Act, BE 2551 (2008)

by the Government of Thailand

Seal of the Royal Command of Thailand

Alcoholic Beverage Control

Act,

BE 2551 (2008)

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Bhumibol Adulyadej, R.

Given under our Hand this 6th Day of February, BE 2551 (2008);

Being the 63rd Year of our Reign.

Phra Bat Somdet Phra Paraminthra Maha Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is desirable to bring into existence a law on alcoholic beverage control;

And whereas it is aware that this Act contains certain provisions giving rise to the restriction of personal rights and liberties, in respect of which section 29 incorporating sections 41, 43 and 45 of the Constitution of the Kingdom of Thailand so permit by means of the legal provisions;

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the National Legislative Assembly, as follows:

§ 1

This Act shall be cited as the "Alcoholic Beverage Control Act, BE 2551 (2008)".

§ 2

This Act shall come into force as from the day following the date of its publication in the Government Gazette.^[1]

§ 3

In this Act:

"Alcoholic beverage" means a spirit under the law on spirits, but not includes medicines, psychoactive substances or harmful drugs under the laws concerned;

"Alcoholic" means a person who consumes an alcoholic beverage in a manner increasing the amount thereof time by and time, to the extent detrimental to his own physical or mental health and causing him to incur the alcohol withdrawal syndrome once he ceases to so consume;

"Sell" includes dispose of, distribute, release, exchange or give for commercial purposes;

"Advertisement" means an act performed by whatever means to allow the general public to see, hear or learn of any information for commercial purposes, and includes marketing communication;

"Marketing communication" means an activity held in various forms for the purpose of selling products, services or images, or an act of public relations, dissemination of information, marketing promotion, product exhibition, organisation or support of a special event, or direct marketing;

"Information" includes the expression of meaning through scripts, pictures, motion pictures, lights, sounds, signs or any other acts allowing the general public to understand such meaning;

"Label" means a picture, artificial mark, paper or any other material which contains information as to a product, and which is made available on, inserted in or attached to the product or its container or package, and includes a document or manual used in conjunction with the product, and a sign affixed to or made available on the product or its container or package;

"Commission" means the National Alcoholic Beverage Policy Commission;

"Control Commission" means the Alcoholic Beverage Control Commission;

"Office" means the Office of the Alcoholic Beverage Control Commission;

"Competent authority" means a person authorised by the Minister to enforce this Act;

"Director" means the Director of the Office of the Alcoholic Beverage Control Commission;

"Director General" means the Director General of the Disease Control Department;

"Minister" means the Minister in charge of this Act.

§ 4

The Prime Minister shall be in charge of this Act and shall be invested with the power to appoint the competent authorities and issue the ministerial regulations, rules and announcements for the purpose of enforcing this Act.

Those ministerial regulations, rules and announcements shall take effect upon their publication in the Government Gazette.

Chapter 1

National Alcoholic Beverage Policy Commission

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§ 5

There shall be a Commission, called "National Alcoholic Beverage Policy Commission", consisting of the Prime Minister or Deputy Prime Minister designated by the Prime Minister as President, the Minister of Public Health as the First Vice President, the Minister of Finance as the Second Vice President, the Minister of Tourism and Sports, the Minister of Social Development and Human Security, the Minister of Interior, the Minister of Justice, the Minister of Education, the Minister of Industry and the Permanent Secretary for the Prime Minister, as Commissioners.

The Permanent Secretary for Public Health shall serve as Secretary, and the Director General and the Director of the Fiscal Policy Office, Assistant Secretaries.

§ 6

The Commission shall be furnished with an Advisory Council obliged to render to the Commission the advice and recommendations concerning the exercise of authority of the Commission. The Council shall consist of:

(1) The representatives of the Tourism Council of Thailand, the Federation of Thai Industries and the Thai Chamber of Commerce;

(2) A representative of the organs with legal personality and objectives to campaign for the reduction and cancellation of alcoholic beverage consumption, a representative of the organs with legal personality and objectives as to children development, and a representative of the organs with legal personality and objectives as to consumer protection;

(3) The persons of knowledge, competence and experience in the fields of social science, law and information and communication technology, said they being appointed by the Commission and each of them being from each field.

As regards the Advisory Councillors under (2) and (3), the selection and appointment shall be made in compliance with the rules issued by the Commission.

In relation to the Advisory Councillors under (2) and (3), the provisions of sections 11, 12, 13 and 14 shall apply mutatis mutandis to the holding and vacation of office, but the ministerial power set forth in section 13 (3) shall be vested in the Commission.

§ 7

At a meeting of the Commission, a quorum shall be established by the presence of not less than one half of the total number of the existing Commissioners.

The President shall preside over the meetings. In cases he is absent or incapable of functioning, the First Vice President shall take his place. If the First Vice President is absent or cannot function, the Second Vice President shall substitute for him. Should the Second Vice President be also absent or unable to function, the present Commissioners shall elect one amongst themselves to chair the meeting.

A decision of a meeting shall be reached by a majority of votes. In voting, one member shall have one vote. In case of a tie, the presiding Commissioner shall issue one additional vote as a casting vote.

§ 8

The Commission shall be given the following authority:

(1) To determine and present to the Council of Ministers the policies, plans and measures for alcoholic beverage control by means of taxation and by other means and for treatment and rehabilitation of alcoholics;

(2) To monitor, assess and examine the fulfillment of (1);

(3) To transact any other business as required by this Act, other laws or the Council of Ministers.

§ 9

The Commission shall be empowered to set up the committees or working groups in charge of the activities determined by it.

The provisions of section 7 shall apply mutatis mutandis to the conduct of meetings of the committees or working committees.

Chapter 2

Commissions on Alcoholic Beverage Control

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§ 10

There shall be a Commission, called "Alcoholic Beverage Control Commission", consisting of:

(1) The Minister of Public Health as President;

(2) The Permanent Secretary for Public Health as the First Vice President, the Permanent Secretary for Finance as the Second Vice President, and the Permanent Secretary for Interior as the Third Vice President;

(3) Ex officio Commissioners, to wit, the Permanent Secretary for the Prime Minister, the Permanent Secretary for Tourism and Sports, the Permanent Secretary for Social Development and Human Security, the Permanent Secretary for Commerce, the Permanent Secretary for Justice, the Permanent Secretary for Culture, the Permanent Secretary for Education, the Permanent Secretary for Industry, the Commissioner General of the National Police, the Clerk of Bangkok and the Administrator of the Health Promotion Fund;

(4) Subject to the rules laid down by the Minister, three nongovernmental organ representatives appointed by the Minister from the persons selected by the nongovernmental organs carrying out nonprofit activities in fields of the promotion of and campaign for the reduction of alcoholic beverage consumption, the protection of children and juveniles or females, and the protection of consumers, said each of the representatives being from each field;

(5) Three qualified Commissioners appointed by the Minister from the persons of knowledge, competence and experience in the field of medicine, psychology or public health, field of social welfare, social science, economics or mass communications, and field of education, religious affairs or cultures, said each of the Commissioners being from each field.

The Director General shall serve as Commissioner and Secretary; the Director General of the Excise Department, Commissioner and Assistant Secretary; and the Director, Assistant Secretary.

§ 11

A person to be appointed Commissioner under section 10 (4) or (5) must be of the qualifications and not be attacked by the disqualifications as follows:

(1) Being a Thai national;

(2) Being adjudged incompetent or quasi-incompetent;

(3) Having been sentenced by a final judgment to imprisonment, save where the person has been relieved of such penalty for more than two years or the sentence was in consequence of a negligent offence or misdemeanour;

(4) Having been held guilty of an offence in connection with an alcoholic beverage, save where the person has been relieved of the relevant penalties for more than five years;

(5) Being a political office holder, local councillor or local administrator, executive member of or holder an executive office in a political party, or advisor or agent of a political party;

(6) Carrying out alcoholic beverage business or having interest in business concerning alcoholic beverages;

(7) Being an alcoholic.

§ 12

The Commissioners under section 10 (4) and (5) shall be in their offices for a term of three years. A Commissioner having vacated office may be reappointed, but may not hold office for more than two consecutive terms.

In cases a Commissioner vacates office prior to the expiry of his term according to paragraph 1, a new Commissioner shall be appointed within ninety days. Pending such appointment, the Commissioner so retired shall remain in office and continue to function until a newly appointed Commissioner takes office.

§ 13

In addition to the expiry of term, a Commissioner under section 10 (4) or (5) shall vacate office upon:

(1) Death;

(2) Resignation;

(3) Removal by the Minister;

(4) Lacking any qualification or falling under any disqualification set forth in section 11.

In the event that a Commissioner under section 10 (4) or (5) vacates office prior to the expiry of his term, a new Commissioner shall be appointed to fill such vacancy, save where the remaining term of the retired Commissioner is less than ninety days. Pending such appointment, the remaining Commissioners shall continue their functions.

§ 14

Where a Commissioner under section 10 (4) or (5) is appointed during the term of a Commissioner under section 10 (4) or (5), whether being appointed additionally or appointed to fill a vacancy, the former shall be in office for the remaining term of the latter.

§ 15

The provisions of section 7 shall apply mutatis mutandis to the conduct of meetings of the Control Commission.

§ 16

The Control Commission shall be granted the following authority:

(1) To propose to the Commission the policies, plans and measures for alcoholic beverage control by means of taxation and by other means and for treatment and rehabilitation of alcoholics;

(2) To determine the criteria, procedure and conditions governing the packages, labels and warning information of alcoholic beverages, whether domestically manufactured or imported;

(3) To render to the Minister the opinions as to the determination of a period of time during which alcoholic beverages may be sold, the places where no alcoholic beverage may be sold, the forbidden means or manners of selling alcoholic beverages, the places or areas where no alcoholic beverage may be consumed and any other things used in the alcoholic beverage advertising;

(4) To lay down the criteria, procedure and conditions concerning the treatment or rehabilitation of alcoholics;

(5) To render to the Commission or Minister the recommendations that any announcements or rules, as the case may be, be issued for the purpose of enforcing this Act;

(6) To provide to the state and private agencies the advice, instructions and cooperation on alcoholic beverage control, as well as to propose the measures for preventing certain affects of alcoholic beverage consumption and for treating and rehabilitating the alcoholics;

(7) To provide or promote and support the dissemination of knowledge to the juveniles and the general public, for the purpose of bringing about the understanding as to harms and dangers of alcoholic beverages;

(8) To require the government officers, officials or employees of the government agencies, state agencies, state enterprises or local government agencies or any private persons to appear and express the facts or opinions or to deliver the documents or information for the sake of the enforcement of this Act;

(9) To undertake any other business as required by this Act or by the resolutions of the Commission.

§ 17

The Control Commission shall be empowered to set up the committees or working groups to carry out the activities as determined by it.

The provisions of section 7 shall apply mutatis mutandis to the conduct of meetings of the committees or working groups.

§ 18

There shall be a Bangkok Commission on Alcoholic Beverage Control, consisting of the Governor of Bangkok as President, the Clerk of Bangkok as Vice President, the representatives of the Bureau of Metropolitan Police, the representatives of the Public Relations Department, the representatives of the Excise Department, the Director of the Bangkok Office of Public Danger Prevention and Mitigation, the Director of the Office of Social Development, one of the Directors of the Bangkok Educational Area Offices appointed by the Governor of Bangkok, the Director of the Office of Educational Affairs, the Director of the Office of Medical Affairs and the Director as Commissioners, and four qualified Commissioners appointed by the Governor of Bangkok from the persons of knowledge, competence and experience in the fields of social work, medicine, psychology and law, said each of them being from each field.

The Director of the Office of Health shall serve as Commissioner and Secretary. The Bangkok Commission on Alcoholic Beverage Control may appoint not more than two officers in the Office of Health as Assistant Secretaries.

§ 19

There shall be a Provincial Commission on Alcoholic Beverage Control, consisting of the Provincial Governor as President, the Deputy Provincial Governor designated by the Provincial Governor as Vice President, the Commander of the Provincial Police, a local Excise Officer appointed by the Provincial Governor, the Director of the Provincial Office of Public Danger Prevention and Mitigation, one of the Director of the Provincial Educational Area Offices appointed by the Provincial Governor, the Provincial Public Relations Chief Officer, the Provincial Social Development and Human Security Officer, the Director of the Office of Disease Control responsible for the province, not more than four administrators of the province's local administrative organisations appointed by the Provincial Governor, as Commissioners, and four qualified Commissioners appointed by the Provincial Governor from the persons of knowledge, competence and experience in the fields of social work, medicine, psychology and law, said each of them being from each field.

The Provincial Public Health Officer shall serve as Commissioner and Secretary. The Provincial Commission on Alcoholic Beverage Control may appoint not more than two government officers in the Provincial Public Health Office as Assistant Secretaries.

§ 20

With respect to the qualified Commissioners under sections 18 and 19, the provisions of sections 11, 12, 13 and 14 shall apply mutatis mutandis to the holding of office, vacation of office, appointment of new Commissioners and execution of duties. But the ministerial power under section 13 (3) shall be vested in the Governor of Bangkok or Provincial Governor, as the case may be.

§ 21

The provisions of sections 7 and 9 shall apply mutatis mutandis to the conduct of meetings and the appointment of the committees or working groups of the Bangkok Commission on Alcoholic Beverage Control and the Provincial Commissions on Alcoholic Beverage Control.

§ 22

The Bangkok Commission on Alcoholic Beverage Control and the Provincial Commissions on Alcoholic Beverage Control shall be competent to exercise the following authority within Bangkok or their respective provinces, as the case may be:

(1) To render to the Control Commission the opinions concerning the measures taken for the purpose of controlling the alcoholic beverages and treating or rehabilitating the alcoholics;

(2) To provide to the state and private agencies the advice, instructions and cooperation on control of alcoholic beverage manufacturing, importation, sale, advertising and consumption, as well as to propose the measures for preventing certain affects of alcoholic beverage consumption and for treating and rehabilitating the alcoholics;

(3) To determine the guidance for guarding and protecting against the connection of the children and juveniles with the alcoholic beverages;

(4) To determine the guidance for reduction and cancellation of alcoholic beverage consumption, in compliance with the policies of the Commission;

(5) To monitor, assess and examine the legal enforcement for the purpose of reducing and cancelling alcoholic beverage consumption, and report the outcome to the Control Commission;

(6) To transact any other business as required by the Commission or Control Commission.

§ 23

In rendering their duties under this Act, the Commissioners and the members of the committees shall be the public officers under the Criminal Code.

Chapter 3

Office of the Alcoholic Beverage Control Commission

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§ 24

There shall be established in the Department of Disease Control, Ministry of Public Health, an "Office of the Alcoholic Beverage Control Commission".

The chief officer of the Office shall be the Director and shall be responsible for the administration of its official business.

§ 25

The Office shall be of the following authority:

(1) To carry out the documentary affairs of the Commission and the Control Commission;

(2) To conduct or support the conduct of study, analysis or research on the problems caused by the alcoholic beverages, and monitor and assess the implementation of the policies, working plans and measures on alcoholic beverage control and treatment or rehabilitation of alcoholics done by the relevant state and private agencies, and report the outcome to the Control Commission for acknowledgement and further submission to the Commission;

(3) To cooperate and collaborate with the Bangkok Commission on Alcoholic Beverage Control, Provincial Commissions on Alcoholic Beverage Control, government agencies, state agencies and relevant private sectors on the activities of alcoholic beverage control and treatment or rehabilitation of alcoholics;

(4) To serve as an alcoholic beverage information centre;

(5) To transact any other business as required by the Commission or Control Commission.

Chapter 4

Alcoholic Beverage Control

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§ 26

A manufacturer or importer of an alcoholic beverage shall abide by the following:

(1) A requirement that the packages, labels and warning information be provided for the alcoholic beverage manufactured or imported, subject to the criteria, procedure and conditions stipulated and published in the Government Gazette by the Control Commission, with the approval of the Commission;

(2) Other requirements stipulated and published in the Government Gazette by the Control Commission, with the approval of the Commission.

§ 27

No alcoholic beverage may be sold in the following places or areas:

(1) Temples or places of religious services;

(2) Public hospitals, clinics under the law on clinics and drugstores under the law on medicines;

(3) Public offices, save the shopping or club sites;

(4) Dormitories under the law on dormitories;

(5) Education institutes under the law on national education;

(6) Petrol stations under the law on fuel oil control and the shops within their precincts;

(7) Parks provided by the State for recreation of the general public;

(8) Other places determined by the Minister, with the approval of the Commission.

§ 28

No person may sell an alcoholic beverage on the date and during the time set forth in an announcement of the Minister upon advice of the Commission. Such announcement may also contain the necessary conditions or exemptions.

The provisions of paragraph 1 shall not apply to the sales conducted by the manufacturers, importers or their agents to the sellers who are licensed under the law on spirits.

§ 29

No person may sell an alcoholic beverage to the following:

(1) A person under twenty years of age;

(2) A person being in a state of drunkenness to the extent incapable of maintaining his own consciousness.

§ 30

No person may sell an alcoholic beverage by the following means or in the following manners:

(1) Using an automatic vending machine;

(2) Peddling;

(3) Providing discounts for sale promotion purposes;

(4) Giving or offering to give a right to attend a competition or performance, to enjoy a service, to take part in a fortune or reward competition, or any other benefit to an alcoholic beverage buyer or to a person producing a package, label or any other thing concerning an alcoholic beverage for the purpose of exchanging it with any reward or with another alcoholic beverage;

(5) Distributing, gratuitously giving or giving the alcoholic beverages, or exchanging an alcoholic beverage with another alcoholic beverage, product or service, as the case may be, or distributing the alcoholic beverage samples, or encouraging the public to consume the alcoholic beverages, or stipulating certain sale conditions resulting in a directly or indirectly compulsory buying of an alcoholic beverage;

(6) Any other means or manners determined by the Minister upon advice of the Commission.

§ 31

No person may consume an alcoholic beverage in the following places or areas:

(1) Temples or places of religious services, save where the consumption is part of a religious service;

(2) Public hospitals, clinics under the law on clinics and drugstores under the law on medicines, save the sites of private residences;

(3) Public offices, save the sites of private residences, clubs or ceremonious parties;

(4) Education institutes under the law on national education, save the sites of private residences, clubs or ceremonious parties or the education institutes where the studying of alcoholic beverage mixture takes place and which are licensed according to the law on national education;

(5) Petrol stations under the law on fuel oil control and the shops within their precincts;

(6) Parks provided by the State for recreation of the general public;

(7) Other places determined by the Minister upon advice of the Commission.

§ 32

No person may conduct an advertisement of an alcoholic beverage or express the name or sign of such beverage in a manner directly or indirectly claiming the existence of certain properties of or encouraging another to consume an alcoholic beverage.

A manufacturer of an alcoholic beverage, irrespective of its kind, may conduct an advertisement or act of public relations only in a manner providing information and knowledge beneficial to the society, without any picture of an alcoholic beverage product or its package, save a picture of its sign or sign of the manufacturer. This shall be subject to a ministerial regulation.

The provisions of paragraphs 1 and 2 shall not apply to an advertisement of foreign origin.

Chapter 5

Treatment or Rehabilitation of Alcoholics

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§ 33

An alcoholic or his relatives, or a group of persons or public or private organ with the objectives in favour of the treatment or rehabilitation of alcoholics may apply to the Office for treatment or rehabilitation support, subject to the criteria, procedure and conditions laid down by the Control Commission.

Chapter 6

Competent Authorities

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§ 34

In performing his duties under this Act, a competent authority shall be invested with the following authority:

(1) To enter the places of business of an alcoholic beverage manufacturer, importer or seller, the places of alcoholic beverage manufacturing, importation or sale or the places of alcoholic beverage storage during their working hours, as well as inspect the vehicles, for the purpose of enforcing this Act;

(2) To seize or attach the alcoholic beverages of a manufacturer, importer or seller who contravenes or fails to observe this Act;

(3) To, in writing, require any person to appear and give statement or to delivery any document or article to further be taken into account.

§ 35

In carrying out his duties under this Act, a competent authority must produce his competent authority identity card to the relevant licensees or persons.

The form of the competent authority identity cards shall be determined by the Minister.

§ 36

The persons concerned shall provide appropriate facility to the competent authorities in the execution of duties under section 34.

§ 37

In discharging their duties under this Act, the competent authorities shall be the public officers under the Criminal Code.

Chapter 7

Penal Provisions

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§ 38

Any alcoholic beverage manufacturer or importer who fails to abide by section 26 shall be liable to imprisonment for not more than one year, or a fine of not exceeding one hundred thousand baht or both.

§ 39

Any person who sells an alcoholic beverage in a manner contrary to section 27 or 28 shall be liable to imprisonment for not more than six months, or a fine of not exceeding ten thousand baht or both.

§ 40

Any person who sells an alcoholic beverage in a manner contrary to section 29 or 30 (1) shall be liable to imprisonment for not more than one year, or a fine of not exceeding twenty thousand baht or both.

§ 41

Any person who contravenes section 30 (2), (3), (4), (5) or (6) shall be liable to imprisonment for not more than six months, or a fine of not exceeding ten thousand baht or both.

§ 42

Any person who contravenes section 31 shall be liable to imprisonment for not more than six months, or a fine of not exceeding ten thousand baht or both.

§ 43

Any person who contravenes section 32 shall be liable to imprisonment for not more than one year, or a fine of not exceeding five hundred thousand baht or both.

In addition to the penalties under paragraph 1, the contravening person shall also incur a fine of not exceeding fifty thousand baths per a day throughout the time of contravention or until the contravention is corrected.

§ 44

Any person who attacks or offers resistance to a competent authority in the execution of section 34 (1) or (2) shall be liable to imprisonment for not more than one year, or a fine of not exceeding twenty thousand baht or both.

Any person who, without reasonable grounds, fails to appear before or give statement to a competent authority in the execution of section 34 (3), or who, upon being ordered, fails to deliver a document or any other article to a competent authority in accordance with section 34 (3), shall be liable to a fine of not exceeding twenty thousand baht.

Any person who fails to provide facility to a competent authority, an act of breaching section 36, shall be liable to a fine of not exceeding two thousand baht.

§ 45

The Control Commission shall be given the power to settle all offences under this Act. In this respect, it shall be permitted to delegate such power to the committees, judicial police officers or competent authorities, and may also lay down the settlement criteria or conditions to be complied with by the delegatees as it thinks fit.

If, in the course of an inquiry, a judicial police officer finds that any person commits an offence under this Act and the latter consents to the settlement, the officer shall refer the case to the Control Commission or its delegatee under paragraph 1 within seven days from the offender's declaration of consent.

Upon the offender's payment of the fine determined, it shall be taken that the case terminates in pursuance of the Code of Criminal Procedure.

Countersigned by:

General Surayud Chulanont,

Prime Minister.

Statement of Grounds

The grounds for promulgation of this Act are as follows: The alcoholic beverages result in several problems concerning health, families, accidents and crimes, affecting the whole society and economy of the Nation in consequence. It is expedient to determine the measures for their control and for treatment and rehabilitation of the alcoholics, so that the social and economic problems and impacts would be reduced, the public health would be enhanced, the people would be aware of harms and dangers of the alcoholic beverages, and the children and juveniles would be prevented from easy access to them. It is therefore necessary to enact this Act.

Footnotes

1. Published in the Government Gazette: volume 125/part 33 A/page 34/February 13, 2008..

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