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Table of Contents

Hazardous Substance procedures in Thailand

Overview

In Thailand, a proper handling of hazardous chemicals is important to protect public health and the environment. Under the comprehensive framework of the Hazardous Substance Act B.E. 2535, implemented by the Department of Industrial Works (DIW), stringent procedures govern importation, production, production, and possession of hazardous substances. This article serves as a guide, outlining the distinct procedures and requisite documentation for each activity involving hazardous chemicals in Thailand, fostering compliance and ensuring safety at every step.

4 categories of hazardous substances

The Hazardous Substance Act B.E. 2535 classifies hazardous substances into four distinct categories, each governed by specific regulations

Category 1: These substances have minimal hazards and need to be monitored to ensure compliance with specific rules set by the responsible Ministry.

Category 2: Substances in this category require monitoring and control measures. Registration is required for their import and export.

Category 3: Substances in this category have a higher level of hazard and face stricter controls. Both registration and licensing are necessary for their manufacturing, importing, exporting, or possessing.

Category 4: These substances are considered to be a significant risk to human health. They are strictly forbidden from being produced, imported, exported, or possessed.

Read the classification of Hazardous Substances in detail.

Compliance Procedures for Hazardous Substances in Thailand

Notification 

Affected: Producers and importers of hazardous substances or solutions composed of such substances in all products exceeding 1,000 kg per year

Manufacturers and importers dealing with hazardous substances from List 5.6 must inform if the total amount of substances or a single substance in all their products exceeds 1,000 kg/year. This notification can be done either directly to DIW, designated locations or through DIW’s computerized system.

Documents/ information required to notify the hazardous substance:

  • Notification of the production or import of hazardous substances of List 5.6 (Form WoAo./AoKo. 32), annexed with Notification of MOI B.E. (2022)
  • Declaration Receipt Number
  • Personal Information (Name, Age, Nationality, Tax ID number, Address, Contact information, etc.)
  • Declaration Type
  • Details of Hazardous Substances (Chemical name, CAS Number, GHS Classification)
  • Application/Volume (kg/ year) 

When to notify:

  • The total amount of substances mentioned above should be calculated within one calendar year, from January 1 to December 31.
  • Companies must report the total quantity of substances for each calendar year by June 30 of the following year.
  • This reporting is only required once a year.

Document download:

Notification of Ministry of Industry: Declaration of the production or import of hazardous substances of List 5.6 under the responsibility of Department of Industrial Works B.E. 2565 (2022) [ENG] [TH]

Additional Explanation for Consideration of Hazardous Substance List 5.6 [ENG] [TH]

Registration 

Affected: Producers & importers of Category 2 & 3 Hazardous Substances

Producers and importers of category 2 and category 3 hazardous substances shall get these hazardous substances registered with the DIW, MOI, other agencies designated by the MOI or through DIW’s computerized system.

Documents/ information required to apply for a registration of hazardous substance:

  1. Application for Hazardous Substance Registration (Form WoAo/AoKo1), annexed with Notification of MOI B.E. 2552 (2009) 
  2. Materials Safety Data Sheet or Safety Data Sheet as referred by the WoAo/AoKo 3 form annexed with Notification of MOI B.E. 2552 (2009), or by ISO 11014-1, or by Globally Harmonized System of Classification and Labeling of Chemicals (GHS).
  3. Specification of the hazardous substance
  4. Document or photograph evidencing characteristic of containers or tanks
  5. Document or photograph evidencing methods used to secure the containers (if any)
  6. Analysis results from a lab following international standards or specified by the Director-General of the Department of Industrial Works, or a certificate detailing the specifications of the hazardous substance.

If the official reviewing the registration request finds the documents provided in 4, 5, and 6 unclear for approving a permit to produce or import hazardous substances, they may ask the applicant for additional documents specifically related to the hazardous substance or request further testing/studies.

After reviewing the documents and evidence for hazardous substance registration, if approved, the official will issue a registration certificate as outlined in Form WoOr/OrKo 2.

Validity:

The registration certificate is valid for six years.

Procedure for registration:

Registration Process of Hazardous Substance and for Renewal Registration [ENG] [TH]

Document download:

Application for registration (Form WoAo/AoKo 1), Request for renewal of registration (Form WoAo/AoKo 4 ), Request to amend registration (Form WoAo/AoKo.8 )

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) [ENG] [TH]

Permit/ License

Affected: Manufacturer, importer, exporter, having in possession of Category 3 substances

Any person who intends to produce, import, export or have in possession of category 3 hazardous substances must apply for the relevant permit or license with the DIW, MOI, other agencies designated by the MOI or through DIW’s computerized system. Separate application forms are required for producers, importers, exporters, and those storing the substances, respectively.

Documents/ information required to request for a permit/ license of hazardous substance:

  • Application for Hazardous Substance Licensing (Form WoAo. 1) for production, (Form WoAo. 3) for import, (Form WoAo. 5) for export, (Form WoAo. 7) for possession and (WoAo. 9) for  renewal, annexed with Ministerial Regulation (2012)
  • Importer – name, address and commercial license
  • Chemical identification – trade name, formula name, quantity to import/export, country of origin, producer company and means of transportation.
  • Material safety data sheet (in the case of industrial chemicals) or the results of efficacy trial, residue trial, quality analysis, toxicological data assessment (in the case of pesticides)
  • Warehouse – address, location, protective and preventive measures on warehouse structure and occupational health and safety

Validity:

This license is valid for 3 years.

Procedure for license application:

Permission Request Process to Import/Export Hazardous Substance and for Renewal Licenses [ENG] [TH]

Permission Request Process to Possess Hazardous Substance and for Renewal Licenses [ENG] [TH]

Permission Request Process to Produce form of Hazardous Substance and for Renewal Licenses [ENG] [TH]

Document download:

Application for permission to [import], [possess], [export], [produce

Ministerial Regulations Issue 4 (2012) Issued in accordance with the Hazardous Substances Act B.E. 2535

Declaration

Affected: Manufacturer, Importer, Exporter and Possessor of hazardous substance designated in the annex of MOI Notification B.E. 2563 (2020)

Export/ Import Declaration

Importers or exporters of hazardous substances under the authorization of the DIW must inform the relevant authority before conducting any activity at the port. This information can be submitted to the Department of Industrial Works (DIW) or designated locations, or through the DIW’s computerized system.

Documents/ information required to declare the export/ import of hazardous substance:

  • Declaration form for Hazardous Substance (Form WoAo./AoKo.6), annexed with Notification of MOI B.E. 2563 (2020)
  • Chemical identification: name, chemical formula and proportion, trade name, common name or abbreviation (if any)
  • Quantity of the chemical imported or the container, characteristic of containers
  • Location of storage facility
  • Transportation means
  • Customs port, anticipated arrival date to or departure date from the port
  • Invoice
  • Bill of loading
  • Specific document for the restricted control chemicals

Export/ Import Declaration Process of Hazardous Substancess

Notification form WoAo./AoKo.6

Produce, Import, Export or Possess Declaration

Producers, importers, exporters, or possessors of hazardous substances listed in the notification must declare information if their volume exceeds 100 kilograms in each listing during January to June or July to December. This information can be submitted to the Department of Industrial Works (DIW) or designated locations, or through the DIW’s computerized system or via registered mail.

Documents required to declare the production, import, export and possession of hazardous substance:

  • Declaration form for Hazardous Substance (Form WoAo./AoKo. 7), (Form WoAo./AoKo. 7.1), (Form WoAo./AoKo. 7.2), annexed with Notification of MOI B.E. 2563 (2020)
  • Name, chemical formula, proportion, trade name, common name, or abbreviation (if any)
  • Registration number (if any)
  • Quantity: produced, imported, exported, or possessed; sold quantity; used quantity
  • Customer details: name, identification number
  • Purpose of purchasing
  • Hazardous substance category 2 operation receipt number or license number

Declaration Period:

  • Activities from January to June: Report by July of the same year.
  • Activities from July to December: Report by January of the following year.

Document download:

Declaration form WoAo./AoKo. [7.pdf ] [7.1.pdf] [7.2.pdf]

Notification of Ministry of Industry: Declaration of the hazardous substances under the authorization of Department of Industrial Works by producer, importer, exporter, or possessor (No.2) B.E. 2563 (2020) [ENG] [TH]

Notification of Ministry of Industry: Declaration of the hazardous substances under the authorization of Department of Industrial Works by producer, importer, exporter, or possessor B.E. 2547 (2004) [ENG] [TH]

Notification of Department of Industrial Works: Criteria, methods and conditions for declaration of importer or exporter of hazardous substance under responsibility of Department of Industrial Works (WoAo/AoKo 6) via the computerized system to the Department of Industrial Works’ computer network system B.E. 2555 (2012)  [ENG] [TH]

Declaration for Hazardous Substance Category 2

Producers, importers, exporters, or possessors of category 2 hazardous substances must inform the relevant authority. This information can be submitted to the Hazardous Substance Control Bureau, the Department of Industrial Works (DIW) or designated locations, or through the DIW’s computerized system.

Documents required to declare the production, import, export and possession of category 2 hazardous substance:

  1. Two copies of a declaration form (WoAo/AoKo 5), annexed with Notification of DIW B.E. 2556 (2013)
  2. A copy of a registration of hazardous substances. If a registration is exempted, attach a document showing 100% of chemical contents of a product.
  3. A copy of juristic person registration
  4. A power of attorney and a copy of ID cards of an attorney and a proxy
  5. Map and layout of storage place of hazardous substances type 2
  6. A copy of VAT registration certificate (PhoPho 20)

Validity:

The declaration receipt or its renewal is valid for 3 years since the issuance or renewal date.

Procedure for Declaration:

Declaration Procedure for Category 2 Hazardous Substances

Document download:

Notification of Department of Industrial Works: Criteria and procedure for submission of a declaration form, issuance of a declaration receipt, submission of a renewal form and renewal of a declaration receipt for the operations concerning with hazardous substance type 2
under authority of the Department of Industrial Works B.E. 2556 (2013) [ENG] [TH]

Request form for notification of operations regarding hazardous substances category 2 (Wor/Or.5) , request for renewal of notification (Wor/Or.5.1)

Confidential Business Information Disclosure

When notifying hazardous chemical products, the Department of Industrial Works (DIW) typically mandates notifiers to fully disclose the composition of their products. However, some companies may opt to withhold certain composition details due to Confidential Business Information (CBI) concerns. In such cases, the company assumes its own risk as the DIW can only assess the hazardous nature of chemicals based on the provided information. This poses potential risks of non-compliance.

Document Fees

DocumentFees
Certificate of Registration for Hazardous Substance, each15,000 baht 
Hazardous Substance Production License, each20,000 baht 
Hazardous Substance Import License, each20,000 baht 
Hazardous Substance Export License, each20,000 baht 
License to Possess Hazardous Substance, each20,000 baht 
Transit License20,000 baht 
Hazardous Substance Specimen Production License, each2,000 baht 
Hazardous Substance Specimen Import License, each2,000 baht 
Substitute for Certificate of Registration for Hazardous Substance, each1,000 baht
Substitute for License, each1,000 baht
The Fee for each Renewal of Certificate of Registration for Hazardous Substance is the same as that for the Certificate of Registration for Hazardous Substance
The Fee for each Renewal of License is the same as that for each type of License

Document download:

Ministerial Regulations Prescribing Fees Related to Hazardous Substances, B.E. 2009 Ministerial Regulations Prescribing Fees Related to Hazardous Substances (No. 2) B.E. 2020 Hazardous Substance Act (No. 4), B.E. 2562 (2019) [ENG] [TH Hazardous Substance Act (No. 3), B.E. 2551 (2008) [ENG] [TH

Accompanying Duties

Apart from documents and official regulations, dealing with Hazardous Substances always comes with great responsibilities in order to prevent accidents, look after the environment, and follow the rules. Therefore, a proper hazardous substance storage system is important for everyone working with chemicals, whether you’re in a lab, at an industrial facility, or even at home. 

To ensure the safety, follow the guidelines below:

Documentation: Always review a chemical’s MSDS/SDS for proper storage procedures.

Location: Store chemicals in a dedicated, well-ventilated area away from sunlight, heat, and pathways. Limit access to authorized personnel.

Segregation: Separate incompatible chemicals to prevent reactions. Use appropriate barriers or distance to segregate incompatible substances. For example, acids and bases should be kept apart to prevent accidental reactions. 

Temperature Control: Maintain proper temperatures; refrigerate chemicals if needed. Never store food in lab refrigerators.

Labeling: Clearly label containers with chemical name, hazard classification, and safety info. Ensure labels are durable.

Container Integrity: Use undamaged containers made of compatible materials to prevent leaks.

Accessibility: Store chemicals for easy access while keeping aisles clear. Keep hazardous chemicals below eye level. Do not store chemicals on the floor, window ledges, or balconies.

Spill Containment: Have spill trays or absorbents available to contain spills. Use secondary containment like dishpans or polyethylene if possible.

Emergency Equipment: Keep emergency gear like spill kits, fire extinguishers and eye wash stations accessible. Ensure that personnel are trained in their use and know the location of emergency equipment.

Regular Inspections: Regularly inspect storage areas for hazards, leaks, and damaged containers. Check all chemical containers left out of storage areas at the end of each workday and return unneeded items to chemical storerooms or stockrooms.

Inventory Management: Use a first-in, first-out system to avoid degradation. Keep containers closed when not in use.

Shelving: Use chemical-resistant shelving and avoid exceeding weight limits.

Personal Protective Equipment (PPE): Use appropriate PPE, including chemical-resistant gloves, eye protection, closed-toe shoes, lab coats, and chemical aprons as required.

Acid storage: Store acids in dedicated cabinets, with oxidizing acids isolated separately (i.e., each in its own separate secondary containment).

For detailed storage guidelines for Hazardous Substances, check out Hazardous Substances Storage Guideline.

Conclusion

It is crucial for everyone dealing with hazardous substances to comply with the relevant rules and regulations and handle the chemicals responsibly. For more comprehensive, up-to-date and accurate information on the rules and regulations surrounding the hazardous substances, it is highly recommended to seek advice from professionals or authorized organizations before conducting any procedure  to ensure proper understanding and compliance with the necessary requirements.

Where can you find the additional information?

What are the categories of hazardous substances in Thailand?

The categories of hazardous substances in Thailand are Category 1, Category 2, Category 3, and Category 4. Each category has specific regulations governing their importation, production, and possession.

What is the Hazardous Substance Act B.E 2535?

The Hazardous Substance Act B.E 2535 is a comprehensive framework implemented by the Department of Industrial Works (DIW) in Thailand to regulate the handling of hazardous chemicals. It encompasses stringent procedures for the importation, production, and possession of hazardous substances to protect public health and the environment.

What documentation is required for handling hazardous substances in Thailand?

The documentation required for handling hazardous substances in Thailand varies depending on the category of the substance and the activity involved. Generally, documentation may include permits, registrations, licenses, and safety data sheets.

What is the notification procedure for producers and importers of hazardous substances in Thailand?

Manufacturers and importers dealing with hazardous substances listed in Annex 5.6 must inform if the total amount of a single substance in all their products exceeds 1,000 kg/year. This notification can be done either directly to DIW, designated locations or through DIW’s computerized system.

What documents/information are required for notifying hazardous substances in Thailand?

The documents/information required for notifying hazardous substances in Thailand include:

  • Notification of the production or import of hazardous substances of List 5.6 (Form WoOr./OrKo. 32), annexed with Notification of MOI B.E. (2022)
  • Declaration Receipt Number
  • Personal Information (Name, Age, Nationality, Tax ID number, Address, Contact information, etc.)
  • Declaration Type
  • Details of Hazardous Substances (Chemical name, CAS Number, GHS Classification)
  • Application/Volume (metric ton/year)

 

When should companies notify about hazardous substances in Thailand?

Companies should calculate the total amount of substances within one calendar year, from January 1 to December 31. They must report the total quantity of substances for each calendar year by June 30 of the following year. This reporting is only required once a year.

Who is affected by the registration of hazardous substances in Thailand?

Producers and importers of Category 2 and Category 3 Hazardous Substances are affected by the registration process in Thailand.

What documents are required to apply for registration of hazardous substances?

Documents required for applying for the registration of hazardous substances include the Application for Hazardous Substance Registration (Form WoAo/AoKo1), Materials Safety Data Sheet or 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), and Analysis results from a lab following international standards or specified by the Director-General of the Department of Industrial Works.

How long is the registration certificate for hazardous substances valid?

The registration certificate for hazardous substances is valid for six years.

Where can I find the documents required for registration of hazardous substances?

You can download the required documents, such as Application for registration (Form WoAo/AoKo 1), Request for renewal of registration (Form WoAo/AoKo 4), and Request to amend registration (Form WoAo/AoKo.8), from the provided link.

Who is affected by the permit/license requirement for hazardous substances in Thailand?
Manufacturers, importers, exporters, and individuals having possession of Category 3 substances are affected and required to obtain the relevant permit or license.
What documents are required to request for a permit/license for hazardous substances?
Documents required for requesting a permit or license for hazardous substances include the Application for Hazardous Substance Licensing (Form WoAo. 1) for production, (Form WoAo. 3) for import, (Form WoAo. 5) for export, (Form WoAo. 7) for possession and (WoAo. 9) for renewal, annexed with Ministerial Regulation (2012), importer information such as name, address, and commercial license, chemical identification details like trade name, formula name, quantity to import/export, country of origin, producer company, and means of transportation, material safety data sheet (in the case of industrial chemicals) or the results of efficacy trial, residue trial, quality analysis, toxicological data assessment (in the case of pesticides), and warehouse information including address, location, and protective and preventive measures on warehouse structure and occupational health and safety.
How long is the permit/license for hazardous substances valid?
The permit or license for hazardous substances is valid for 3 years.
Who is affected by the declaration requirement for hazardous substances in Thailand?
Manufacturers, importers, exporters, and possessors of hazardous substances designated in the annex of MOI Notification B.E. 2563 (2020) are affected and required to declare their activities.
What documents are required to declare the export/import of hazardous substances?
Documents required for declaring the export/import of hazardous substances include the Declaration form for Hazardous Substance (Form WoAo./AoKo.6) annexed with Notification of MOI B.E. 2563 (2020), chemical identification details like name, chemical formula and proportion, trade name, common name or abbreviation, quantity of the chemical imported or the container, characteristic of containers, location of storage facility, transportation means, customs port, anticipated arrival date to or departure date from the port, invoice, and bill of loading.
Who is required to declare the production, import, export, or possession of hazardous substances in Thailand?
Producers, importers, exporters, or possessors of hazardous substances listed in the notification must declare information if their volume exceeds 100 kilograms in each listing during January to June or July to December.
What documents are required to declare the production, import, export, and possession of hazardous substances?
Documents required to declare the production, import, export, and possession of hazardous substances include the Declaration form for Hazardous Substance (Form WoAo./AoKo. 7, Form WoAo./AoKo. 7.1, Form WoAo./AoKo. 7.2) annexed with Notification of MOI B.E. 2563 (2020), name, chemical formula, proportion, trade name, common name, or abbreviation (if any), registration number (if any), quantity produced, imported, exported, or possessed; sold quantity; used quantity, customer details like name, identification number, purpose of purchasing, hazardous substance category 2 operation receipt number or license number.
What is the declaration period for activities involving hazardous substances?
For activities from January to June, the report must be submitted by July of the same year. For activities from July to December, the report must be submitted by January of the following year.
Who is required to declare hazardous substances in Category 2?
Producers, importers, exporters, or possessors of category 2 hazardous substances must inform the relevant authority.
What documents are required to declare the production, import, export, and possession of category 2 hazardous substances?
Documents required to declare the production, import, export, and possession of category 2 hazardous substances include two copies of a declaration form (WoAo/AoKo 5) annexed with Notification of DIW B.E. 2556 (2013), a copy of a registration of hazardous substances, a copy of juristic person registration, a power of attorney and a copy of ID cards of an attorney and a proxy, map and layout of storage place of hazardous substances type 2, and a copy of VAT registration certificate (PhoPho 20).
What is the validity period of the declaration receipt for Category 2 hazardous substances?
The declaration receipt or its renewal is valid for 3 years since the issuance or renewal date.

What happens if a company withholds certain composition details when notifying hazardous chemical products to the Department of Industrial Works (DIW)?

When notifying hazardous chemical products, the Department of Industrial Works (DIW) typically mandates notifiers to fully disclose the composition of their products. However, some companies may opt to withhold certain composition details due to Confidential Business Information (CBI) concerns. In such cases, the company assumes its own risk as the DIW can only assess the hazardous nature of chemicals based on the provided information. This poses potential risks of non-compliance.

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