Legal Measures Regarding Farmstay Business

Abstract

This research on legal measures regarding farmstay business aims to study on legal measures of farmstay tourism standard in order to find appropriate guidelines on development  and homestay tourism standard. This research was classified as a qualitative research and it was conducted by studying on relative laws, ministerial regulations, requirements, articles, and researches.

            The results revealed that farmstay business was another method to increase income of the communities modifying their farms as accommodations integrated with tourism services. Tourists, as consumers, demanded convenient, comfort, and safe services and products for their life and assets. However, when considering on intention of entrepreneurs, those services focused on profitability without focusing on service standard provided to tourists until they ignored tourists’ demands and environmental quality. When considering on legal measures applied for supervising farmstay business operation with no direct governing law, Section 4(3) of Hotel Act and Ministerial Regulations on Types and Criteria of Hotel Business Operation B.E. 2551 defined that “other accommodations” with the number of rooms less than 4 rooms and the number of occupants less than 20 persons as well as nature of service providing for obtaining income shall not be deemed as hotels. Consequently, farmstay business had no status as hotel business therefore it was not under enforcement of Hotel Act B.E. 2547 with measures to govern safety, hygiene, and environment for hotels. 

            Therefore, this research collected related legal measures in order to govern safety, hygiene, and environmental quality with the following related laws: Hotel Act B.E. 2547, Public Health Act B.E. 2535, Promotion and Conservation of National Environmental Quality Act B.E. 2555, laws on local solid waste and sewage management consisted of Act on Plan and Procedures of Decentralization to Local Administrative Organizations B.E. 2542, Provincial Administrative Organization Act B.E. 2540, Municipality Act B.E. 2496, Sub-District Council and Sub-District Administrative Organization Act B.E. 2537, Consumer Protection  Act B.E. 2522, and Thai Homestay Standard. In addition, this research also presented legal measures in ministerial regulations for separate supervision as a new edition. This edition focused on management and operation of farmstay business as well as promotion and conservation of environmental quality.