Importers

Thai import licence holders for foreign brands: role and liability

9 min read · Updated 10 Nov 2026

What a Thai import licence holder is

A Thai import licence holder is the company or person in Thailand that holds the import licence, or files the product notification, in its own name on behalf of a brand based abroad. In law, the name on the licence or notification receipt is the party that must meet every condition. The foreign brand owner that ships the goods is not.

Foreign brands need a Thai holder because each law sets who may apply. For cosmetics, the notifier must be a Thai national or a juristic person registered in Thailand. For food and dietary supplements, the importer needs an import licence tied to an import site and a storage site in Thailand. A brand without a Thai office cannot apply itself.

This article explains who may hold the rights, what the holder must do, who carries liability when a product goes wrong, and what restarts when a brand changes its Thai partner. For the authorization letter itself, see Letter of Authorization for the Thai FDA.

Who may hold a licence or notification for a foreign brand

Holder requirements differ by law, so check the product category before signing a distribution deal.

Cosmetics

Section 14 of the Cosmetic Act B.E. 2558 requires anyone importing cosmetics for sale to notify first and import only after receiving the notification receipt. Clause 2 of the 2018 MOPH notification on cosmetic notification allows two kinds of applicant: a Thai national aged 20 or over, or a juristic person registered in Thailand. The applicant must also have an import site that meets the manufacturing and import criteria.

Food and dietary supplements

Section 15 of the Food Act B.E. 2522 prohibits importing food for sale without a licence. Ministerial Regulation No. 2 (1979) requires form Or.6 with maps and layouts of the import site and the storage site. The licence issued is form Or.7, valid only for the sites named on it. Dietary supplements fall under the Food Act and follow the same route; see importing dietary supplements.

Compared with herbal products

For herbal products, Section 19 of the Herbal Products Act B.E. 2562 lists more detailed applicant qualifications, such as owning the business, being at least 20, residing in Thailand, having the prescribed premises and equipment, and appointing a responsible operator. The same importer can face different conditions depending on the product type.

Cosmetics importers: duties that come with the notification

Once notified, a cosmetics importer carries ongoing duties for as long as it imports and sells. The work does not end on the day the number is issued.

• Import exactly what was notified. The Cosmetic Act and Clause 11 of the notification rules require products to match the notification. If the brand changes the formula, the importer must know before the next lot reaches the port.
• Hold a valid authorization at all times. Annex B of the 2018 notification on manufacturing or importing cosmetics requires an authorization from the product owner or manufacturer, and sourcing from a plant that meets Annex A or an equivalent standard such as ISO 22716 or ASEAN Cosmetic GMP.
• Keep records. Customs declarations for 5 years; certificates of analysis in the Product Information File for 3 years after expiry or 5 years after manufacture; retained samples at least until expiry.
• Premises and signs. Import and storage sites must be separate from living quarters and carry the permanent signs the notification requires.
• Recall when ordered. The 2020 notification on recall, destruction and handover of cosmetics applies directly to importers and notifiers. Recall, transport, storage and destruction costs fall on the business, not the state.

Many of these documents, such as COAs and factory data, sit with the brand owner. Agree at the start that the brand will supply them for every lot. For the full import route, see importing cosmetics into Thailand.

Food and supplement import licensees: duties under the Food Act

Chapter 3 of the Food Act sets the duties of licensees, and they apply in full to an importer holding a licence for a foreign brand.

• Import and store only at licensed sites. Section 20 prohibits importing or storing food outside the sites on the licence; Section 21 prohibits moving sites without permission.
• Display the licence and a sign. Section 23 requires the licence on display and a sign outside the import site. A lost licence must be replaced within 15 days under Section 22.
• Hold product approvals in your own name. Section 31 requires a licensee under Section 14 or 15 to register a specially controlled food before importing it, and Section 34 requires imports to match the registration. Product approvals follow the licensee.
• Show the foreign plant's standard. Clause 5 of MOPH Notification No. 420 (2020) requires food importers to hold documents showing the foreign manufacturer meets a standard equivalent to or not lower than that notification.
• Renew on time. Under Section 18, the licence is valid until 31 December of the third year after issue, and renewal must be filed before it expires.

Renewal trips up many importers. Only the licence holder can renew; the brand owner cannot do it for them. If the licence lapses, every product imported under it stops at once.

Who is liable when a foreign brand's product goes wrong

Importers often ask whether they share liability for a product made by the brand owner abroad. The relevant laws answer on two levels.

Level 1: liability to the regulator

For the Thai FDA, the party that must comply is the licence holder or notifier. Section 17 of the Food Act says a licence covers the licensee's employees and agents, and their acts are deemed the licensee's acts unless the licensee proves the act was beyond its knowledge or control. On the cosmetics side, the recall notification names importers and notifiers as the parties that must recall and bear the costs. Manufacturing abroad does not release the Thai holder from these duties.

Level 2: liability to injured consumers

Section 4 of the Unsafe Products Liability Act B.E. 2551 defines business operators to include the manufacturer or the party that hired the manufacturer, the importer, a seller who cannot identify the manufacturer or importer, and anyone who uses a name or trademark so as to appear to be the manufacturer. Under Section 5, all operators are jointly liable to the injured party, whether or not the damage was intentional or negligent.

The Act also states that agreements or notices made in advance to exclude or limit liability cannot be relied on (Section 9). A court may award punitive damages of up to twice the actual damage where the operator knew the product was unsafe or was grossly negligent (Section 11). The limitation period is 3 years from knowing of the damage and the liable party, and no more than 10 years from the date of sale (Section 12).

In practice, the importer shares liability with the brand owner towards injured consumers. How the two split that burden between themselves is a matter for their contract, and it does not affect the injured party's rights.

The authorization letter and the rights the importer actually holds

An authorization letter confirms that the brand owner allows this importer to bring its products in. It does not make the brand owner the holder of rights in Thailand. Legal rights remain with the name on the licence or notification receipt.

For cosmetics, the 2018 notification rules require importers to attach a letter from the product owner or foreign manufacturer. Thai FDA guidance on Authorization Letters recognises three issuers: the manufacturer, the product owner, or a foreign distributor entitled to sub-authorize. The letter must state the relationship and the brand clearly. If the product owner is in Thailand and hires a foreign plant, a manufacturing contract is also needed.

Check whether the letter has an end date and whether it matches the distribution contract. Annex B of the cosmetics import criteria requires an authorization to be held throughout the import period. If the letter expires before the contract, the importer still holds a notification but lacks a required document.

Changing the holder: what restarts and what stays with the old holder

When a foreign brand changes its Thai partner, many expect to move the existing numbers to the new importer. In practice, it depends on the product category.

Cosmetics

A notification receipt is issued in the name of an applicant who meets Clause 2 and has its own import site. The new importer needs an authorization letter in its own name and must notify in its own name. The previous importer remains bound by the notification it holds, including its duties for products already on the market.

Food and dietary supplements

The Or.7 licence is tied to the named import and storage sites, and product approvals are held by the licensee under Section 31. Chapters 2 and 3 of the Food Act contain no procedure for transferring an import licence to another company. The new importer therefore needs its own import licence and product approvals in its own name. Ask the Food Division how to handle the first importer's existing numbers before planning the handover.

For comparison: herbal products allow transfer

Clause 11 of the 2020 Ministerial Regulation on herbal product licences allows a licensee to apply to transfer its licence to a transferee who meets Section 19, with the transferee receiving a licence with the same term and conditions. Each law is built differently, so do not apply one law's route to another.

The handover is the riskiest period. Old lots remain on shelves under the previous holder's name while the new holder does not yet have its own numbers. Both sides should agree who handles complaints and recalls for old lots.

The contract with the brand owner: clauses importers should spell out

The law says who is liable to the state and to consumers. It does not say how the brand owner must support the importer; that belongs in the contract. At a minimum, cover:

• Scope of rights, product categories and term, matching the authorization letter.
• Documents to supply for every lot, such as COAs, formulas, plant details and current evidence of manufacturing standards.
• Advance notice of changes to formula, label, plant or pack size, so the importer can amend its filing before importing.
• A fast channel for passing complaints and adverse events between the parties.
• Cost sharing when a recall is ordered, and indemnity where damage stems from manufacturing at source.
• Exit steps: remaining stock, whether existing numbers are cancelled or kept, and handing information to the next importer.

These clauses do not reduce the importer's liability to injured parties. They help the importer meet its legal duties in practice and recover costs when the problem did not start in Thailand.

Checklist before becoming a Thai holder for a foreign brand

Use the checklist below before agreeing to hold rights for a foreign brand. If you are unsure which law covers the product, start with the import readiness check and then work through the documents.

Importers handling several brands should keep an internal register linking each notification or food number to its authorization letter, its expiry date and the brand-side contact. When a recall order or a document request arrives, the importer must be able to answer straight away.

Sources

1. Cosmetic Act B.E. 2558 (2015) · Open source · Search our archive
2. MOPH Notification on cosmetic notification, issuing, renewal, amendment and replacement of notification receipts (2018) · Open source · Search our archive
3. MOPH Notification on criteria, methods and conditions for manufacturing or importing cosmetics (2018) · Open source · Search our archive
4. MOPH Notification on recall, destruction and handover of cosmetics (2020) · Open source · Search our archive
5. Thai FDA guideline on Authorization Letters for imported cosmetic notifications · Open source · Search our archive
6. Food Act B.E. 2522 (1979) · Open source · Search our archive
7. Ministerial Regulation No. 2 (1979) on applying for a licence to import food for sale · Open source · Search our archive
8. MOPH Notification No. 420 B.E. 2563 (2020) on production methods, equipment and food storage · Open source · Search our archive
9. Liability for Damages Arising from Unsafe Products Act B.E. 2551 (2008) · Open source · Search our archive
10. Herbal Products Act B.E. 2562 (2019) · Open source · Search our archive
11. Ministerial Regulation on applying for and issuing licences to manufacture, import or sell herbal products (2020) · Open source · Search our archive

This article is for general information. It is not a Thai FDA ruling or legal advice, and rules change — check the latest notification or ask an expert before filing or producing.

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