Most entrepreneurs first encounter TIS (Thai Industrial Standards) in one of two situations: goods stuck at customs, or officials inspecting the shop. In both cases, it is too late to fix the problem with paperwork. This guide therefore does not answer "how to apply for TIS," which is a technical documentation matter, but answers the legal questions: whether your goods are subject to mandatory standards, who bears responsibility if a problem arises, and how to push the risk back to the party who should properly bear it.
Voluntary Standards and Mandatory Standards Are Not the Same Thing
TIS stands for Thai Industrial Standard, issued by the Thai Industrial Standards Institute (TISI), an agency under the Ministry of Industry. These standards are divided into two groups whose legal effects are completely different.
Voluntary standards are standards that businesses apply for certification on a voluntary basis, in order to use them as a selling point and build consumer confidence. Mandatory standards, by contrast, apply to products that the law requires to comply with the standard. Manufacturing or importing products in this group requires a license first, and selling products that do not meet the standard is prohibited. Violations carry both administrative measures and criminal penalties.
The most common mistake is to draw conclusions from the product name alone, even though the assessment must be based on the product's characteristics and actual use. Products that look similar in a seller's eyes may be in completely different legal positions, and getting this wrong will surface at customs, along with wasted time and storage fees (being audited after customs clearance).
The point to check is before placing a production order or opening a purchase order — not when the goods arrive at the port. Once production or ordering has been completed, the remaining options are usually only to send the goods back, destroy them, or rework the entire batch.
Who bears responsibility? The answer is not just "the factory"
Liability in this matter stems from different statutes that operate simultaneously, so each layer must be examined separately.
| Party | Product standards | Consumer liability |
|---|---|---|
| Domestic manufacturer | Must hold a license for mandatory standards | Fully liable as a business operator |
| Importer | Must hold a license for mandatory standards | Fully liable as a business operator |
| Distributor | Prohibited from selling products that do not comply with mandatory standards | Liable as a business operator if the manufacturer or importer cannot be identified |
| Brand owner that outsources production | Depends on whether they are in fact the manufacturer or importer | Liable as a business operator because they use their own name or trademark |
The bottom row is the one that causes many Thai businesses to suffer without realizing it.
The law on liability for damage arising from unsafe products treats any person who uses a trade name, trademark, or any other statement in a manner that causes others to believe they are the manufacturer or importer as also liable as a business operator. A seller who cannot identify the manufacturer or importer is likewise liable as a business operator.
To put it plainly: putting your own logo on goods produced by a contracted factory shifts the liability to you. Brand owners who think they are merely sellers are often shocked to find that they are the first defendant — not the factory.
Why Unsafe Product Cases Are Harder to Fight Than You Think
The law on liability for damage caused by unsafe products requires all business operators to jointly bear liability to the injured person. The injured person does not need to prove that the business operator acted intentionally or negligently; he or she only needs to prove that the damage was caused by the product and that the product was used or kept in the normal manner. A business operator who wishes to avoid liability has the burden of proving the exceptions prescribed by law. Moreover, any agreement that exempts or limits liability toward consumers in advance is unenforceable.
These two sentences change the entire shape of the case. The first sentence reverses the burden of proof. The second sentence makes the statement "the company is not responsible for any damages" printed on the box or in the warranty useless for rejecting consumer claims. Disclaimers of liability are still valid, but they apply between business contracting parties—for example, between you and the manufacturing factory—not against consumers.
That is why the correct defensive approach is not to write longer liability disclaimers, but to put in place a recourse contract with the source that can actually be enforced.
What to Include in a Supplier Agreement and Manufacturing Contract
Most manufacturing contracts we see cover only price, quantity, and delivery schedule — which is of no help when a problem arises. The clauses that should be included are:
- Referable specifications and standards — State the standards the goods must meet, together with the factory's duty to deliver test results and certification documents for every lot.
- Warranty that the goods are lawful — Including compliance with the mandatory standards applicable to the goods and non-infringement of third-party rights.
- Right to inspect and carry out spot checks — Both before delivery and during the contract term, together with the right to reject acceptance.
- Recourse and indemnity clause — Covering damages you must pay to consumers or government agencies, product recall costs, legal fees, and fines.
- Duty to cooperate during inspections or product recalls — With clear deadlines.
- Product liability insurance — Specifying a minimum sum insured and naming you as a co-insured.
- Product traceability — Requiring lot numbers and documents that can identify the source, because this is the only thing that prevents the distributor from being held liable in place of the manufacturer.
If the factory is located abroad, an indemnity clause that cannot actually be enforced is as good as none, so you must also consider the governing law, dispute resolution forum, and security together with the above. (Selling into Thailand through a distributor or setting up your own company)
Inspected, Seized, or Consumer Complaints — What to Do First
The same matter can proceed along three tracks at once: administrative measures from the Thai Industrial Standards Institute (TISI), criminal penalties, and civil claims brought by injured parties or through the Office of the Consumer Protection Board (OCPB). Statements given in one track may be used in another.
The safe sequence is: request complete copies of the inspection record and the list of seized or impounded goods; check whether the goods actually fall under the mandatory standards; gather licenses, test results, customs declarations, and the purchase contract with the upstream supplier; stop selling the problematic lot in the meantime; and then have a lawyer coordinate the giving of statements. Do not sign any document admitting the allegations or consent to the destruction of goods before verifying your rights, because in some cases there are grounds to dispute the tariff classification or the characteristics of the goods.
Summary
มอก. (Thai Industrial Standard) may seem like a matter of technical documentation, but the legal consequences that follow are purely about liability. There are two points where businesses most often go wrong: not checking the status of mandatory standards before ordering production or importing, and assuming that contract manufacturing places liability on the factory — even though putting your own brand on the product draws liability to the brand owner. The preventive measures that actually work are contracts with recourse rights and product traceability documents kept from day one.
Suwanvara Law Firm provides legal status checks for products, drafts manufacturing and supplier contracts with recourse rights, and handles cases involving non-compliant products both at the regulatory level and in court. Consult the business law team or see compliance advisory services.
This content is general information for understanding purposes only and is not legal advice for any specific case. The status of mandatory standards and the requirements for each product differ, so you should consult with a legal advisor before ordering production or importing.