Legal Measures Concerning Craft Beer Production under the Role of Ministerial Regulation on Liquor Production B.E. 2565 (2022)

Abstract

This article aims to study the development and characteristics of alcoholic beverages, including the characteristics of beer; to examine the legal measures governing the production of craft beer under the criteria and conditions prescribed by the Role of Ministerial Regulation on Liquor Production B.E. 2565 (2022); and to propose legal measures for the sustainable production of craft beer.

            The findings reveal that the production of craft beer under the criteria and conditions prescribed by the Role of Ministerial Regulation on Liquor Production B.E. 2565 (2022) involves several problems. First, the law does not allow natural persons to apply for a license to produce craft beer for commercial distribution, thereby limiting opportunities for market competition and resulting in the monopolization of production by large manufacturers. Second, in applying for a license to distribute craft beer, the law does not require distributors to undergo training related to the sale of craft beer, despite this being a crucial issue for effective control over distribution. Third, the production license is valid for only three years, which is an insufficient period for craft beer production.

            The researcher offers the following recommendations. Regarding the qualifications of producers, the law should be amended to allow natural persons to apply for a production license. With respect to licensing for distribution, the law should be revised to require applicants for a distribution license to undergo training on the sale of craft beer in accordance with the curriculum prescribed by the Excise Department, with such training to be undertaken every two years. Regarding the duration of the license, the law should be amended to extend the validity period of the license to five years.