Thailand Sustainable Packaging Management Act: 2026 Business Guide

What the Sustainable Packaging Management Act Means

Extended producer responsibility (EPR) is a policy principle that assigns the cost of managing a product’s end-of-life to the business that produced or imported it. Instead of leaving used packaging to municipalities and the informal waste sector, EPR pushes that burden back up the supply chain. Producers must therefore design, collect, and recover their packaging across its full life cycle. The OECD’s guidance on extended producer responsibility underpins the model that Thailand and many of its trading partners now follow.

Thailand has adopted this principle as the backbone of its draft Sustainable Packaging Management Act. The law traces packaging from product design and distribution through consumer use and final disposal. As a result, extended producer responsibility in Thailand will touch procurement, product design, finance, and legal compliance at the same time.

The Draft Sustainable Packaging Management Act at a Glance

The Ministry of Natural Resources and Environment tasked Mae Fah Luang University with drafting the Act, and the Pollution Control Department released a draft for public consultation in March 2024. Officials expect the law to take effect in 2027. The current draft runs to four main parts and 53 sections, and it sets a clear direction rather than leaving the framework to guesswork.

Notably, the draft targets at least five categories of packaging that must be managed sustainably. The table below summarises the covered materials and the practical exposure for each.

Who Bears the Obligations

The draft law reaches producers, importers, and brand owners who place packaged goods on the Thai market. First, these businesses must register with the Pollution Control Department, which acts as the main supervisory authority. Registration turns an informal sustainability commitment into a formal legal duty. It also sits alongside existing consumer-facing rules, so packaged-goods sellers should review their duties on GDA labeling in Thailand at the same time.

Once registered, an obligated business must meet several core responsibilities:

• Collect and recover used packaging through reuse, repurposing, recycling, energy recovery, or safe disposal.
• Operate or fund take-back mechanisms, such as buy-back systems or deposit-and-refund schemes announced by the Minister.
• Communicate with consumers to promote sorting and the return of used packaging.
• Report on volumes placed on the market and volumes recovered against annual targets.

The Producer Responsibility Organization (PRO)

The draft Act creates a central Producer Responsibility Organization to coordinate collection and recovery. Industry bodies such as the Federation of Thai Industries and the Thai Chamber of Commerce are expected to support it. Obligated businesses can join the PRO and delegate duties like packaging collection and reporting to it. In return, members pay management fees that fund the shared system. For a foreign company without local logistics, PRO membership will often be the most practical route to compliance.

Eco-Fees and Shortfall Penalties

The system is designed to bite. If a business or its PRO fails to meet the collection targets set out in the sustainable packaging plan, the responsible operator must pay additional fees for the shortfall. These eco-fees convert missed environmental targets into a direct financial liability. Consequently, packaging choices made today will shape recurring costs once the law takes effect.

The Trademark Trap in Reused and Refill Packaging

Sustainability and intellectual property can collide. Recycling, upcycling, and refill models often reuse packaging that still displays a registered trademark. That practice can expose a business to infringement claims, because Thailand’s Trademark Act does not expressly codify the first-sale doctrine, also known as exhaustion of rights.

Thai courts have nonetheless recognised the principle for genuine goods and parallel imports, as reflected in Supreme Court Judgment No. 2817/2543. Even so, refilling third-party packaging carries additional risk under specific statutory prohibitions. Brand owners therefore face two duties at once: meeting EPR recovery targets while protecting their marks from unauthorised reuse. A well-drafted supply and licensing framework can reconcile both goals, and secure trademark registration in Thailand remains the foundation for enforcing those rights.

From Voluntary to Mandatory: Where Thailand Stands Now

Thailand is not starting from zero. Industry has already piloted voluntary EPR through the PackBack project, led by TIPMSE under the Federation of Thai Industries, which began collecting used packaging in Chonburi province in 2021. By 2025, the broader “EPR in Action” initiative had mobilised more than 149 partner organisations around circular-economy principles.

These pilots give producers a preview of the mandatory system and a head start on data and logistics. However, once the Act is enacted, participation stops being optional. The government intends the mandatory regime to be in place by 2027, so the window to build systems, contracts, and budgets is closing.

How Foreign Investors Should Prepare

Early preparation protects both compliance and margin. International businesses that act now will avoid rushed decisions when the law takes effect. We recommend the following steps:

• Map your packaging footprint. Audit every material you place on the Thai market by weight and recyclability.
• Redesign for recovery. Shift away from composite and hard-to-recycle formats to reduce future eco-fees.
• Decide on a PRO strategy. Assess whether to join the industry PRO or build an in-house recovery capability.
• Reconcile IP and sustainability. Review refill and reuse plans against your trademark portfolio.
• Model the cost. Build shortfall eco-fees and management fees into your Thai pricing and budget.
• Assign ownership. Give a named team responsibility for registration, reporting, and PCD engagement.

These steps also complement broader market-entry compliance. Businesses selling through digital channels should read our guide to online seller compliance in Thailand to see how packaging duties fit the wider regulatory picture.

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