Developments of Thailand’s Circular Economy (CE) and regulatory frameworks for sustainable food packaging

Baker McKenzie

GLOBAL CE LANDSCAPE

Growing concern about the impact of packaging waste on the environment has led to stricter sustainability regulations in recent years, albeit at a varying pace across regions and jurisdictions. At the international level, a United Nations (UN) resolution was adopted in 2022, calling for the adoption of a Global Plastics Treaty. This treaty will cover the entire life-cycle of plastics, including production, design, and disposal. Once enacted, countries will have a legally binding obligation to reduce their plastic pollution.

At the forefront of the packaging waste regulatory landscape is the recently approved EU Regulation on Packaging and Packaging Waste ("EU Packaging Regulation"), which sets out rules covering all types of packaging and packaging waste placed on the European markets. The EU Packaging Regulation will apply from 12 August 2026, and exporters to the EU will need to prepare for compliance with these rules. Under the EU rules on single-use plastics, caps and lids are required to be attached to the container to facilitate collecting and/or recycling. This design is now being adopted for drinking water bottles in Thailand.

THAILAND’S CE LANDSCAPE

At the national level in Thailand, efforts to establish a systematic and sustainable approach to packaging waste management are reflected in the development of the Draft Sustainable Packaging Management Act ("Draft Packaging Act"). If enacted, this legislation will be the primary framework governing Thailand’s sustainable packaging landscape. The Draft Packaging Act will cover various types of packaging materials, including glass, paper, metal, plastic, and compound materials.

Manufacturers under the Draft Packaging Act cover many types of legal entities, including manufacturers or brand owners, importers who bring packaged products into Thailand, and packaging manufacturers or importers who supply packaging directly to consumers or businesses. Manufacturers have an obligation to take back, sort, and compile used packaging for recycling. The specific types of packaging that will be required to be collected for recycling will be announced through ministerial regulations and notifications. Manufacturers may also assign a Producer Responsibility Organization (PRO), to be registered with the Pollution Control Department (PCD), to take back, sort, and compile used packaging. However, in the case that a PRO specifies that it is not able to collect all of the packaging waste, manufacturers may consider implementing other actions in parallel to collect the remaining packaging. For example, installing an automatic packaging return machine where customers will also receive their deposits back or implementing a coupon system to incentivize the return of used packaging. Presently, some Thai business operators have started implementing a QR code tracking system on single-use packaging as part of their sustainability and traceability efforts.

THAILAND’S FOOD-CONTACT RECYCLED PACKAGING REGIME

Due to the current use of multi-material compositions in food-contact plastic, recycling these materials poses significant challenges. Presently, plastic packaging management for recycle or other purposes is not mandatory yet. Manufacturers are encouraged to redesign their packaging to facilitate recycling and reduce plastic waste.

To align the use of food contact packaging with CE principles, the Food and Drug Administration (FDA) issued the Public Health Notification No. 435 B.E. 2565 (2022) Re: Specification of Qualities or Standards of Food Packaging Made From Plastic (“Notification”) . This regulation sets qualities and safety standards for plastic food containers, particularly those made from recycled plastic pellets, aligning with the principles of environmental sustainability and the CE.

The manufacturers and importers who use recycled plastic containers must undergo a rigorous evaluation process. This includes assessing the efficiency of the recycling method and submitting physical, chemical, and biological safety analyses of the recycled plastic containers for the FDA approval before production or importation. The goal is to ensure consumer safety while promoting sustainable plastic use.

The Notification prescribes three recycling processes for packaging made from recycled plastic: primary, secondary, and tertiary recycling. Under the Notification, only recycled polyethylene terephthalate (“rPET”) is permitted for use in food packaging through secondary recycling processes, subject to FDA safety evaluation and approval. In this respect, due to potential contamination risks, rPET must undergo the efficiency assessment of the recycling process. In contrast, for primary and tertiary recycling, no efficiency evaluation is required if the packaging meets the quality standards prescribed in the Notification.

The Thai Industrial Standards Institute (TISI) has also established mandatory standards for plastic packaging, requiring product packaging to display a plastic recycling symbol to facilitate separation of waste and proper recycling. This covers general plastic containers, both single-use and recyclable, and those that are microwavable. The TISI also requires that the Food Contact Packaging symbol (a wine glass and fork) be affixed on the product, in line with EU standards. The purpose is to help reduce cross-contamination with other non-food plastic containers that may contain chemical residues.

Thailand is taking meaningful steps to combat plastic pollution by advancing legislative and regulatory measures that promote sustainable packaging practices. A key strategic measure is the development of the Draft Sustainable Packaging Act, which aims to establish a comprehensive legal framework for managing packaging waste in a sustainable manner.

These national efforts reflect Thailand’s commitment to aligning with the global push towards creating sustainable circular economies.

Contact details:

Baker McKenzie

Peerapan Tungsuwan, Partner and Head of Sustainability Group, peerapan.tungsuwan@bakermckenzie.com.

Prim Uditananda, Regulatory Affairs Manager, Prim.Uditananda@bakermckenzie.com

Suchanad Laokasemsukvong, Regulatory Affairs Officer, Suchanad.Laokasemsukvong@bakermckenzie.com

Chanata Kengradomying Chaivaivid, Sustainability Knowledge Management Lead, ChanataKengradomying.Chaivaivid@bakermckenzie.com