1. Welcome to Thailand Vapers, an English language forum for members in Thailand and the rest of Asia to talk about vaping.
    Commonly referred to as e-cigarettes, vaping is really about the use of personal vaporizers (mods) and atomizers (tanks, clearos, RBAs, RDAs, RTAs) filled with e-liquid.
    Are you looking to get started or an old hand at vaping? Everyone is welcome here so sign up today and talk vaping with us!

Vaping Import/Export Ban Clarified

Discussion in 'E-News' started by debatedude, Feb 19, 2016.

  1. peter-k
    Fine

    peter-k Well-Known Member

    Joined:
    Dec 3, 2015
    Messages:
    589
    Likes Received:
    518
    Location:
    Asia
    Going soon, but I don't worry anymore. Thanks for all feedback!
     
    Siam Diesel likes this.
  2. Lyss
    Bored

    Lyss Well-Known Member

    Joined:
    Feb 20, 2016
    Messages:
    48
    Likes Received:
    63
    I suspect that noone ever is interested to read the law which is named TOBACCO PRODUCTS CONTROL ACT BE 2535 aka 1992.
    What does it says?:
    No person shall be allowed to manufacture, import for sale or general distribution or advertise any other goods having such an appearance as to be understood as an imitation of such tobacco products as cigarettes of cigars under the law on tobacco or of the package of the said products.
    What did change from that time - literally nothing, except that in 2015 the authorities added the hookahs and e-cigs to "tobacco products" (and left some grey area in it by using the words "containing nicotine"), and made some minor changes to the age of purchasers and sales of cigs one-by-one. I believe that happened not by the wish of big market players, but honestly and with the best intensions to protect the youth. As always, when a carpenter tries to fix network problems, or a miner has to build a scyscrapper, the result and ways to achieve it both aren't very plausible.
    Returning back to the law - only the import for sale remains forbidden.
    Have to mention, that according to this law, any online ecig vendor breaks it in every move :)
     

    Attached Files:

    oil, Siam Diesel and debatedude like this.
  3. Neilly
    Lurking

    Neilly Flavour Chaser

    Joined:
    Apr 8, 2015
    Messages:
    835
    Likes Received:
    1,890
    Location:
    At Work
    I think you're barking up the wrong Mango tree...whereas the TOBACCO PRODUCTS CONTROL ACT BE 2535 aka 1992 could/has been amended to include e-liquid because it 'normally' has nicotine in it...the news article at the start of this thread mentions The Ministry of Commerce, Hookahs and E-Cigarettes

    Quite how they dragged the United Nations into it gawd only know...unless it has been registered with the United Nations???
     
  4. Lotta

    Lotta Well-Known Member

    Joined:
    Jan 1, 2015
    Messages:
    939
    Likes Received:
    1,479
    You have to take any translation into English here with a grain of salt. The full details are often lost in poor translation. I think the intent of the law is very clear and I have a feeling that the original Thai document probably means National Law instead of United Nations. Does anyone have a link to the Thai version of the announcement?
     
  5. Lyss
    Bored

    Lyss Well-Known Member

    Joined:
    Feb 20, 2016
    Messages:
    48
    Likes Received:
    63
    Maybe that happens because all this article is about the MOC decision restricting UN cargo transit through Thailand. Has nothing to do with the import of named goods.
     
  6. Siam Diesel
    Lurking

    Siam Diesel Nauti Moderator Staff Member

    Joined:
    Jan 26, 2014
    Messages:
    14,576
    Likes Received:
    17,227
    Location:
    Vape Wastelands
    Konvict likes this.
  7. Siam Diesel
    Lurking

    Siam Diesel Nauti Moderator Staff Member

    Joined:
    Jan 26, 2014
    Messages:
    14,576
    Likes Received:
    17,227
    Location:
    Vape Wastelands
    Would you elaborate on this for all of us, please?
     
    Konvict likes this.
  8. Lyss
    Bored

    Lyss Well-Known Member

    Joined:
    Feb 20, 2016
    Messages:
    48
    Likes Received:
    63
    I already wrote about it with the law attached. Vaping Import/Export Ban Clarified | Page 4 | Thailand Vapers

    Attaching the law in its origin state. Read section 10.
     

    Attached Files:

    Siam Diesel likes this.
  9. Tibo
    Relaxed

    Tibo French Hedonist

    Joined:
    Jun 18, 2014
    Messages:
    3,593
    Likes Received:
    4,228
    Location:
    Bangkok
    Very good to read. Indeed it is then the "import for sale" that is banned. Thanks for clearing that up :)
     
    Siam Diesel likes this.
  10. Siam Diesel
    Lurking

    Siam Diesel Nauti Moderator Staff Member

    Joined:
    Jan 26, 2014
    Messages:
    14,576
    Likes Received:
    17,227
    Location:
    Vape Wastelands
    Thanks for this...any chance you have access to the amendment (presuming there was one) at the end of 2014/early 2015 when e-cigs & hookahs were added? I'd gladly take an English translation of this but the native Thai would be fine as well.

    I read your post in the other thread about what was included but it would be good to have it all in the same thread for easy reference...either in this one or the other one.
     
    Konvict likes this.
  11. Lyss
    Bored

    Lyss Well-Known Member

    Joined:
    Feb 20, 2016
    Messages:
    48
    Likes Received:
    63
    I presume you're looking for this attachment?
     

    Attached Files:

    Prp905 and Siam Diesel like this.
  12. Siam Diesel
    Lurking

    Siam Diesel Nauti Moderator Staff Member

    Joined:
    Jan 26, 2014
    Messages:
    14,576
    Likes Received:
    17,227
    Location:
    Vape Wastelands
    Yep, that's great...thanks!

    Interesting that the 2014 ban was via the Ministry of Commerce and references the "Export and Import of Goods Act B.E. 2522 (1979)". What still concerns me is that this latest document states that the 'import' of e-cigs is banned, not the 'import for sale' as stated in Sect. 10 (e-cigs not specifically reference but implied) of the "Tobacco Products Control Act BE 2535 (1992), which could open the door to a stricter interpretation by Customs & the BiB (i.e., the inclusion of vape gear for personal use in the import ban). And there's no cross reference to the Tobacco Products Control Act, either, to clarify that 'import' is really, 'import for sale'...at least not in these sections.

    Any thoughts on this distinction @Lyss ? Is it something with which we should be concerned down the road?
     
    Konvict likes this.
  13. Lotta

    Lotta Well-Known Member

    Joined:
    Jan 1, 2015
    Messages:
    939
    Likes Received:
    1,479
    I have looked through this and have had multiple Thais that are fluent in English translate as well. This law specifically addresses the import for sale or gift and advertising. It does not address import for personal use or possession.

    The MOC notification is another animal completely. The MOC deals with import and export of goods that are traditionally for sale or purchase for profit. Individual possessions are not traditionally governed by the MOC with some exceptions. At this point I do not see a law against the possession of e-cigarette gear. A law against possession would need to be listed in the Criminal Code and have the specifics and punishments stated. Also note that this notification is an "unofficial translation"

    I can state that the police (at least on a lower level) have not been told anything regarding the possession of e-cigarettes. It would seem that the police involved in this case chose to act on their own.

    Everyone will have to use their own judgement, but I feel that I understand the rules at least good enough for myself.
     
    Siam Diesel likes this.
  14. Lyss
    Bored

    Lyss Well-Known Member

    Joined:
    Feb 20, 2016
    Messages:
    48
    Likes Received:
    63
    The said Act has nothing to do with the import itself, but determines the powers of the Minister, Ministry, authorities etc etc, also the penalties for violators. So sure Minister makes some references to that Act to justify his decisions. And, as tobacco products are separated by their own King's Act, only minor changes can be applied.
    Btw, for better understanding of wth_were_they_thinking can read those links:
    funny stuff
    As iirc Einstein said, two things are endless - universe and people stupidity :)
    not so funny, but still worth reading
     
    Siam Diesel likes this.
  15. Siam Diesel
    Lurking

    Siam Diesel Nauti Moderator Staff Member

    Joined:
    Jan 26, 2014
    Messages:
    14,576
    Likes Received:
    17,227
    Location:
    Vape Wastelands
    I remember the first article (vapour contains small particles of metal...yeah, right). My Thai reading comprehension wasn't up to taking on the 2nd article...but I got the gist of it via Google Translate.

    As @Lotta mentioned, ejuice was in the crosshairs long before vape gear due to the nicotine content...which was why some members got hit with hefty customs bills to liberate juice shipments. ;)

    I do believe there's a genuine concern to try and stop smoking among the young...but there's also much more going on here than just that. At the end of the day, it's still about the money (or loss thereof)...

    Just my 2 setangs worth...
    :vaping: :vaping:
     
    Konvict likes this.

Share This Page