Basic law to regulate chemical management in Thailand is Hazardous Substance Act B.E. 2535 (1992). The act regulates manufacture, import, export and possession of hazardous substance. Under the legal framework of the act, 6 departments of 4 ministries regulates hazardous substances within their responsibility.
Occupational Safety, Health and Environment Act B.E. 2554 (2011), regulated by Ministry of Labor, clarifies responsibility of employers and employees. Employers who possess or use hazardous chemicals shall conduct business in accordance with the act to assure chemical safety in workplace.
Hazardous Substance Act B.E. 2535 (1992)
Hazardous Substance act was enacted in 1992 by replacing Poisons Act of 1967. The act regulates manufacture, import, export and possession of hazardous substance, which is defined as follows:
- an explosive;
- an inflammable substance;
- an oxidizing agent and a peroxide substance;
- a toxic substance;
- an infectious substance;
- a radioactive substance;
- a mutagen;
- a corrosive substance;
- an irritating substance;
- other substances, whether chemical or else, which may be harmful to person, animal, plant, property or environment.
Detailed requirements of the act is prescribed in subsidiary regulations and notifications. Hence you need study and review all of the legal document associated with Hazardous Substance Act to understand complex framework and what/when/who to do the obligations. Here is the some of the important regulations and notifications under the act.
Hazardous Substance Act, amendments and subsidiary regulations and notifications:
| Act | Publication |
|---|---|
| Hazardous Substance Act, B.E. 2535 (1992) | 1992.04.06 |
| Hazardous Substance Act No.2, B.E. 2544 (2001) | 2001.11.16 |
| Hazardous Substance Act No.3, B.E. 2551 (2008) | 2008.02.25 |
| Hazardous Substance Act No.4, B.E. 2562 (2019) | 2019.04.30 |
| Ministerial Regulation | Publication |
| Ministerial Regulation B.E. 2537 (1994) | 1994.11.16 |
| Ministerial Regulation No. 4 (B.E. 2555 (2012)) | 2012.04.20 |
| Notification of Ministry | Publication |
| Notification of Ministry of Industry B.E. 2556 (2013): List of hazardous substances | 2013.09.27 |
| Notification of Ministry of Industry B.E. 2558 (2015): List of hazardous substances (No.2) | 2015.02.19 |
| Notification of Ministry of Industry B.E. 2559 (2016): List of hazardous substances (No.3) | 2017.01.12 |
| Notification of Ministry of Industry B.E. 2560 (2017): List of hazardous substances (No.4) | 2018.01.11 |
| Notification of Ministry of Industry B.E. 2562 (2019): List of hazardous substances (No.5) | 2019.10.16 |
| Notification of Ministry of Industry B.E. 2563 (2020): List of hazardous substances (No.6) | 2020.05.28 |
| Notification of Ministry of Industry B.E. 2565 (2022): List of hazardous substances (No.7) | 2022.12.21 |
| Notification of Ministry of Industry B.E. 2547 (2004): Declaration of the hazardous substances under the authorization of Department of Industrial Works by producer, importer, exporter or possessor | 2004.10.18 |
| Notification of Ministry of Industry B.E.2546(2003): Hazardous substances under authorization of Department of Industrial Works being exempted from declaration, permit application and registration | 2003.11.07 |
| Notification of Ministry of Industry: Criteria for import or possession of hazardous substance type 4 under responsibility of Department of Industrial Works for the purpose of use as a standard substance in laboratory B.E. 2556 (2013) | 2013.02.15 |
| Notification of Ministry of Industry: Subject: Declaration of the production or import of hazardous substances of list 5.6 under the responsibility of Department of Industrial Works B.E. 2558 (2015) | 2015.02.19 |
| Notification of Ministry of Industry: Exemption from compliance with Hazardous Substance Act B.E. 2535 for hazardous substances of list 5.6 under the responsibility of Department of Industrial Works B.E. 2558 (2015) | 2015.02.19 |
| Notification of Ministry of Industry: Registration of Hazardous Substance, Issuance and Renewal of Registration Certificate Listed under Responsibility of Department of Industrial Works B.E. 2552 (2009) | 2009.09.30 |
| Notification of Ministry of Industry B.E. 2555 (2012): Hazard Classification and Communication System of Hazardous Substances | 2012.03.12 |
| Notification of Ministry of Industry B.E. 2551 (2008): Storage of Hazardous Substance | 2008.04.18 |
| Notification of Ministry of Industry B.E. 2551 (2008): Designation of a Specialized Person Responsible for Safety of Hazardous Substance Storage under Authorization of Department of Industrial Works at the Hazardous Substance Business Facility | 2008.04.18 |
| Notification of Ministry of Industry B.E. 2547 (2004): Hazardous waste manifest system | 2005.01.31 |
| Notification of Ministry of Industry: Transportation of Hazardous Substance under responsibility of Department of Industrial Works B.E. 2558 (2015) | 2015.10.10 |
| Notification of Ministry of Industry: Registration of container used for transportation of Hazardous Substance under responsibility of Department of Industrial Works B.E. 2558 (2015) | 2015.10.10 |
| Notification of Ministry of Industry: Registration of container used for transportation of Hazardous Substance under responsibility of Department of Industrial Works (No. 2) B.E. 2563 (2020) | 2020.02.18 |
| Notification of Ministry of Industry: Insurance for Hazardous Substance Transportation B.E. 2559 (2016) | 2017.01.12 |
| Notification of Department | Publication |
| Notification of the Department of Industrial Works: Existing Chemicals Inventory in Thailand No. 1 B.E. 2563 (2020) | |
| Notification of the Department of Industrial Works: Manual for Chemical and Hazardous Substances Storage B.E. 2550 (2007) | 2008.01.22 |
List of Hazardous Substance
List of hazardous substances under the act was firstly published in 1995. In 2013, “Notification of Ministry of Industry B.E. 2556 (2013): List of hazardous substances” was published to replace old list. The list is composed of 6 parts categorized by responsible department.
| List | Chemicals | Responsible agency |
|---|---|---|
| List 1 | Chemicals for agricultural use | Department of Agriculture |
| List 2 | Chemicals applied for fisheries | Department of Fisheries |
| List 3 | Chemicals used for livestock | Department of Livestock Development |
| List 4 | Chemicals used for households and medical purposes | Food and Drug Administration |
| List 5 | Industrial chemicals | Department of Industrial Works |
| List 6 | Natural gas and LPG | Department of Energy Business |
The latest revision of the list was made by “Notification of Ministry of Industry B.E. 2563 (2020): List of hazardous substances (No.6)” in 2020.
Requirements of Hazardous Substance Act
Hazardous Substance Act categorize HS into 4 groups as follows;
| Type | Definition |
|---|---|
| Type 1 | Production, import, export or possession shall be in accordance with the rules and procedure. |
| Type 2 | Notification shall be made prior to production, import, export or possession. |
| Type 3 | Permission (license) shall be obtained prior to production, import, export or possession. |
| Type 4 | Prohibited chemicals |
Requirements under the act is summarized as follows;
“Vor Or/Or Kor”.or “Vor Or.” is a document form used for the process of the act.
| Registration Vor Or/Or Kor. 1-2 |
Notification Vor Or/Or Kor. 5 |
License Vor Or. 1-2, 3-4, 5-6, 7-8 |
Prior information Vor Or/Or Kor. 6 |
Notification of List 5.6 HS Vor Or/Or Kor. 20 |
|
|---|---|---|---|---|---|
| Type 1 List 5.1-5.5 |
– | – | – | Import, Export | – |
| Type 1 List 5.6 |
– | – | – | – |
Production, Import |
| Type 2 |
Production, Import |
Production, Import, Export, Posession |
– | Import, Export | – |
| Type 3 |
Production, Import |
– | Production, Import, Export, Posession |
Import, Export | – |
