มาตรการแสดงฉลากผลิตภัณฑ์อาหารดัดแปลงพันธุกรรม ศึกษาปัญหากฎหมายไทย

Abstract

This research aimed to study the problem of legal measures for the labeling of genetically modified food (GMF) products in Thailand
by  emphasis on the benefits of protecting consumers from food products derived or having components of genetically modified organisms in parallel with the implementation of policies that do not conflict with current free trade measures.

The study found that Thailand has implemented labeling measures for genetically modified food products for the protection of consumer perceptions since 2002. According to the notification of
the Ministry of Public Health (No. 251) on the labeling of food derived from genetically modified or genetically engineered foods, 2002,  which announced by the ministry, this edition  contains content and measures that do not cover all genetically modified food products because it is only applicable to soybean and corn-bred products. The amount of contamination of the genetically modified substance must be in the top three of the product components. It also bumps up the amount of contamination at too high a rate is 5% of product weight. As a result, there is a legal vacuum that will apply to genetically modified foods that have been contaminated with genetically modified organisms in
the fourth component onwards. Whether, in case of contamination less than 5% of product weight will result in those products not being labeled. According to the announcement of the Ministry, there is no definition of what genetically modified food mean. This may cause confusion to consumers.

Therefore, the author has provided guidance, in order to amend and set guidelines or measures to enforce labeling of genetically modified foods to be comprehensive and in line with international measures,
by defining the definition of "genetically modified organisms" and "genetically modified foods" to be clear. This is easily understood. Moreover, it must be set the rules for enforcing labeling of genetically modified food products at a contaminated level of 1% of the weight for each ingredients.  It is mandatory to apply to products containing components of other genetically modified organisms. Especially, containing soybean and genetically modified maize. Due to the fact that, the existence of genetically modified organisms and used in food production in the mass market in order to increase gradually to protect consumers should get factual information about the product they want to buy. Although the imposition of more stringent measures, will lead to effective protection of consumer perceptions of consumer rights, but there must be a gradual set of criteria for action in order to avoid
the effect, cost to the manufacturer or operator too much.