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Thailand Hazardous Substance Act

By Little Pro on 2016-01-05 Views:  Update:2017-01-18

Thailand is currently amending its Hazardous Substance Act. In this article, we will help you understand how chemicals are regulated in Thailand under the current Hazardous Substance Act and what the proposed changes are.

Hazardous Substance Act B.E. 2535

The current Hazardous Substance Act B.E. 2535 was issued in 1992. It is the most important chemical control law in Thailand with a purpose of protecting human health and our environment. The Act promulgates lists of hazardous substances for particular conditions of use in agriculture, public health, personal consumables and household products and classifies them into 4 types according to the needs for control.

By definition, a hazardous substance means any of the following substances:

  • Explosives
  • Flammable substances
  • Oxidizing agents and peroxides
  • Toxic substances
  • Infectious substances
  • Radioactive substances
  • Mutant causing substances (mutagens)
  • Corrosive substances
  • Irritating substances
  • Other substances either chemicals or otherwise which may cause injury to humans, animals, plants, properties, or the environment.

Due to the diverse characteristics and uses of hazardous substances, the Hazardous Substances Act is not enforced by one agency. Three ministries, namely the Ministry of Industry (MOT), the Ministry of Agriculture and Cooperatives, and the Ministry of Public Health are directly involved in the control of hazardous substances. Other ministries such as the Minister of National Resources and Environment, the Minister of Energy, and the Minister of Interior, the Minister of Science and Technology are also involved.

Hazardous Substance List

The current Hazardous Substances List in Thailand contains over 1,500 entries covering various chemicals that are controlled by various ministries (including pesticides and biocides). This list is issued and maintained by the Ministry of Industry (MOT). There are 4 types of hazardous substances. Each type of hazardous substance is subject to different regulatory controls such as registration or license.

Type 1
  • Hazardous substances that require monitoring due to their low degree of hazard;
  • Compliance with the rules, procedure and conditions as prescribed by responsible Ministry;
Type 2
  • Hazardous substances that that are subject to both monitoring and controlling;
  • Registration required;
Type 3
  • Hazardous substances that are subject to stricter control because of their higher degree of hazard;
  • Registration & license required;
Type 4
  • Hazardous substances that are considered to pose a vital risk to humans;
  • Prohibition of production, import, export, or possession;

 

Read more about Thailand Hazardous Substances List

Notification of the Production and Import of Hazardous Substances

Since 19 Feb 2015, manufacturers and importers of hazardous substances exceeding 1 ton per year are now required to notify their hazardous substances to the Department of Industrial Works (DIW) via DIW's online system. Such as a notification shall be submitted only once within 60 days from the date of manufacture or importation. This notification is only required for hazardous substances listed in annex 5.6 of Thailand Hazardous Substances List that DIW is responsible for.

Read more Thailand Chemical Inventory Notification

Registration of Hazardous Substances

Any person who produces or imports type 2 or type 3 hazardous substances shall submit an application for registration of such hazardous substance to the Department of Industrial Works (DIW) of MOT, or to other authorities designated by MOT.

The following info is required;

  • Application form;
  • Safety data sheet;
  • Specification of the hazardous substance;
  • Document or photograph evidencing characteristic of containers or tanks;
  • Document or photograph evidencing methods used to secure the containers (if any);
  • A document proving specification (i.e, an analytical lab approved by DIW) or sample.

To apply for a certificate of registration of a mixture of two or more hazardous substances, an applicant shall submit the documentation relating to the mixture.

Detailed registration procedure can be found in MOT's Notice B.E. 2543. The English version of this notice is available from resource & reference section.

License

No person shall produce, import or export, or have in possession of type 3 hazardous substances without license granted by the competent authority. This license is valid for 3 years.

Amendment of Hazardous Substance Act

The draft version of amended Hazardous Substance Act was published in July 2013 for public consultation. The following changes have been proposed:

  • Clear definition given to "import";
  • Adjustment of Hazardous Substance Committee;
  • New responsibility given to Information Center for Hazardous Substance of MOT;
  • New power given to local authority to revoke registrations;
  • Type 4 substance for R&D use will be allowed;

The draft version of amended Hazardous Substance Act can also be found in resource and reference section.

GHS in Thailand

Thailand has already implemented GHS through the Hazardous Substance Act and Hazard Classification and Communication System of Hazardous Substances B.E. 2555 (2012). GHS SDSs and labels are required for hazardous substances from 13 March 2013 and for mixtures from 13 March 2017.

Read more about Thailand GHS.

Reference & Resources

Click here to access all references and resources for Thailand including the English translation of regulations, regulatory lists and useful links to the websites of competent authorities.

 

 Tags: Topics - ThailandREACH-like Regulation and Registration

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