Criminal Offenses Relating to Food Labeling under The Food ACT B.E. 2522: A Comparative Study of Foreign Laws

Abstract

The Food Act B.E. 2522 (1979) is the main law aimed at protecting the health and safety of consumers. It imposes criminal penalties, Including fines and imprisonment, on individuals who display false or misleading food labels. However, the fine prescribed under Section 51, which is set at “not exceeding thirty thousand baht,” is not consistent with the principle of proportionality of the offense. Moreover, it differs from the fines stipulated in the Criminal Code, which are higher and cover forgery of documents that carry more serious legal and social consequences. When compared with foreign laws, it is found that the United States and Singapore have stricter regulatory systems. They not only impose higher criminal penalties but also implement pre-market control measures, such as prior inspection and approval of labels. In addition, they employ civil and administrative measures alongside criminal sanctions to prevent offenses and reduce opportunities for evading the law.

Therefore, Thai law should be revised to better align with the current economic and social context. This includes introducing variable fines based on the benefits gained by the offender, in order to ensure effective consumer protection, conformity with international standards, and increased confidence in Thailand’s food law system.