What Counts as a Novel Food in Thailand
The Thailand novel food framework is set out in the Notification of the Ministry of Public Health (No. 376) B.E. 2559 (2016) on Novel Food, issued under the Food Act B.E. 2522 (1979). In broad terms, a substance qualifies as a novel food in three situations. It may have no significant history of safe human consumption in Thailand. It may come from a new source, such as a microorganism or an insect. Or it may use a production process not previously applied to food. Ingredients created through precision fermentation, plant-based protein isolates, algae-derived compounds, and similar innovations frequently fall within this definition.
Because the classification turns on the history of consumption and the production method rather than the product category, the same ingredient may be an ordinary food in one jurisdiction and a novel food in Thailand. Companies expanding into the Thai market therefore cannot assume that clearance abroad—in the European Union, Singapore, or elsewhere—automatically satisfies Thai requirements. Each ingredient must meet the Thai standard.
The Premarket Safety Assessment Process
Before a company can place a novel food ingredient on the Thai market, the ingredient must undergo a premarket safety assessment. The applicant submits the results of safety testing that an FDA-recognised risk-assessment centre performed, together with the supporting information described in the annex to Notification No. 376. Reviewers typically examine the ingredient’s identity, manufacturing process, composition and specifications, anticipated dietary exposure, toxicological data, nutritional impact, and history of use.
The assessment confirms three things. First, the ingredient is safe for its intended use and level of consumption. Second, it raises no unacceptable toxicological, allergenic, microbiological, or nutritional concerns. Third, it will not mislead consumers. One narrow exemption applies: novel foods that a company makes exclusively for export generally fall outside the assessment requirement, since they never reach the domestic market. For everything sold in Thailand, however, the assessment is a mandatory first step before ordinary food-product registration can follow.
| Stage | What it involves |
|---|---|
| Classification | Determine whether the ingredient is a novel food under Notification No. 376, based on consumption history, source, and production method. |
| Safety dossier | Compile identity, manufacturing, composition, toxicology, exposure, and history-of-use data per the annex. |
| Risk assessment | Obtain a safety assessment from an FDA-recognised risk-assessment centre. |
| FDA determination | The Thai FDA issues an approval certificate specifying the approved conditions of use. |
| Product registration | Register the finished food product, relying on the novel food approval as supporting evidence. |
Why Novel Food Approval Creates a Commercial Advantage
A defining feature of the Thailand novel food regime is that an approval belongs exclusively to the company that submitted the application. The FDA’s approval certificate specifies the approved conditions of use and covers the applicant alone. A competitor that wishes to sell the same ingredient generally cannot simply rely on an earlier approval; it must complete its own safety assessment and obtain its own determination.
This company-specific structure gives the first mover a meaningful, and sometimes durable, market advantage. The time, cost, and scientific effort required to assemble a safety dossier act as a practical barrier to entry. As a result, the pioneering business enjoys a period of de facto exclusivity. For manufacturers and foreign investors evaluating a novel ingredient, this exclusivity potential can be as commercially important as the product’s underlying intellectual property, and it should feature in market-entry strategy, valuation, and licensing negotiations.
The 2026 Public List: Greater Transparency for Business
In July 2026, the Thai FDA published, for the first time, a consolidated public list of substances that have completed its safety assessment process. The list covers both substances determined to be novel foods and those determined not to fall within the category. It also identifies the approved substances, the corresponding manufacturers or importers, the approval dates, and the approved conditions of use.
Importantly, the publication does not change the existing legal framework governing novel food approvals. It is a transparency and administrative measure rather than a new rule. Even so, it offers real practical value. Businesses can now see which substances have previously cleared the process and on what conditions, giving useful insight into regulatory precedent. That visibility supports better product planning and more accurate due diligence when acquiring or licensing food brands. It also shows whether a competitor has already secured a company-specific approval for a given ingredient.
Practical Steps for Manufacturers and Importers
To navigate the Thailand novel food regime efficiently, food and beverage businesses should:
- screen every new or reformulated ingredient against Notification No. 376 before committing to a launch timeline;
- consult the Thai FDA’s public list to check whether the substance, or a closely related one, has already been assessed;
- budget realistically for the safety dossier and risk-assessment centre review, which can take considerable time;
- treat the company-specific approval as a strategic asset and, where appropriate, move early to secure first-mover exclusivity;
- confirm the approved conditions of use before finalising formulations, labelling, and marketing claims; and
- obtain local legal and regulatory advice for cross-border launches, since overseas clearances do not transfer automatically.
Frequently Asked Questions
What is a novel food under Thai law?
Do I need approval if my ingredient is already approved in the EU or Singapore?
Can a competitor use my novel food approval?
What is the Thai FDA public novel food list?
Are novel foods made only for export covered?
Bringing a Novel Ingredient to Thailand?
Lex Bangkok advises international food, beverage, and life-sciences companies on Thai FDA classification, novel food safety assessments, and product registration strategy. Our team can help you secure approvals, protect first-mover exclusivity, and enter the Thai market with confidence.
Schedule a ConsultationFor related guidance, see our overview of Thai FDA registration and business licensing, our guide to GDA food labelling in Thailand, and our analysis of product liability law in Thailand. Official sources include the Thai Food and Drug Administration and the Thai FDA Food Bureau.