Records of Principles and Reasons

Attached to the Draft Ministerial Rule (B.E. ........)

Promulgated Pursuant to the Tobacco Products Control Act

B.E. 2535

___________________________

To formulate the criteria, procedures and conditions under which the manufacturer or importer of tobacco products must notify with respect to the composition of such tobacco products as cigarettes and cigars.

Whereas Section 11 of the Tobacco Products Control Act B.E. 2535 provides that the tobacco products to be sold must have the composition in accordance with the standards prescribed in the Ministerial Rule and that the manufacturer or importer of tobacco products shall have the duty to notify the composition of the tobacco products to the Ministry of Public Health in accordance with the criteria, procedures and conditions prescribed in the Ministerial Rule, it is therefore expedient to promulgate this Ministerial Rule prescribing the criteria, procedures and conditions under which the manufacturer or importer of tobacco products must notify with respect to the composition of such tobacco products as cigarettes and cigars.

Draft

Ministerial Rule (B.E. ...............)

Promulgated pursuant to the Tobacco Products Control Act

B.E. 2535

_____________________________

By virtue of the power granted under Section 11 and Section 26 of the Tobacco Products Control Act B.E. 2535, the Minister of the Ministry of Public Health hereby promulgates the Ministerial Rule as follows :

Article 1 The composition of such tobacco products as cigarettes and cigars to be sold must be in accordance with the following standards.

(1) The tobacco, covering paper or tobacco leaves and filter must have no fungi.

(2) The tobacco or tobacco leaves must contain no dichloro diphenyl trichloroethane substance and derivatives thereof or contain not exceeding ten-millionth of such substance.

(3) The additives must not exceed such quantity as to be harmful to health.

Article 2 The manufacturer or importer of such tobacco products as cigarettes and cigars of each brand must notify with respect to the composition as follows :

(1) Emission products per one cigarette by stating the quantity of tar nicotine and carbon monoxide in milligram in accordance with the analyzing standard of the international Organization for Standardization;

(2) Additives per one cigarette by stating the quantity of each substance thereof, chemical designation and register number thereof as specified by the Chemical Abstracts Service of the American Chemical society;

In case where such additives have no chemical designation, the Standard Latin Nomenolature must be used to identify the biological designation or origin or the common designation if no such biological designation or origin can be found.

In case where there are various sizes, kinds or types of such tobacco products as cigarettes or cigars of any brand, notification of the composition under (1) and (2) shall be made in accordance with the sizes, kinds or types of such cigarettes or cigars as the case may be.

Article 3 Upon entering into force of this Ministerial Rule, the manufacture or importer of such tobacco products as cigarettes or cigars must notify the composition of tobacco products under Article 2 before removal of the tobacco products from the manufacturing site or before importation into the Kingdom and must notify the said composition every three years after the first notification provided that such notification must be made within thirty days as from the date of expire of such three year period.

Article 4 The notification of the composition of such tobacco products as cigarettes or cigars under Article 2 and Article 3 shall be made in writing to the authority at the Institute of Tobacco Consumption Control , Department of Medical Services , Ministry of Public Health in accordance with Form Yor Sor 1 and Yor Sor 2 attached herewith.

Article 5 If there are changes in the composition of such tobacco products as cigarettes or cigars from that already notified, the manufacturer or importer of tobacco products shall notify such changed composition in advance not less than thirty days prior to the date on which removal of such changed tobacco products from the manufacturing site or importation thereof into the Kingdom is made and the provisions of Article 3 and Article 4 shall apply mutates mutants.

Article 6 This Ministerial Rule shall enter into force after the period of one hundred and eighty days as from the date of its publication in the Government Gazette.

Given on 23^rd of April B.E. 2540

Minister of the Ministry of Public Health

Notes (1) Mark ü in ( ) which is required to be notified and delete other unused statement

(2) Specify the size of a cigarette in the Note column