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Comprehensive Guide to Importing and Possessing Highly Toxic Chemicals (Hazardous Substance Category 4) in Thailand

Overview

Among hazardous substances, hazardous substance Category 4 stands as a class of utmost concern due to its extreme hazardous nature. Importing and possessing such substances demand meticulous adherence to regulatory frameworks, with a keen focus on safety and legality in Thailand. This article serves as an exhaustive guide on the detailed procedures and requisite documents involved in importing and possessing Hazardous Substance Category 4 for the purpose of use as reference substance in laboratory under the comprehensive framework of the Hazardous Substance Act B.E. 2535, implemented by the Department of Industrial Works (DIW)

Understanding Hazardous Substance Category 4

Before diving into the importation and possession procedures, it’s crucial to understand what constitutes a hazardous substance category 4. Hazardous Substance Category 4 comprises very highly toxic chemicals which are considered extremely dangerous and can pose significant risks to human health. In fact, no person is allowed to produce, import, export or possess Category 4 hazardous substances without written permission from the responsible agency. They are strictly regulated and can ONLY be used as standard analytical substances in laboratory settings unlike other 3 categories which may be used for various activities provided that regulations, criteria, and procedures prescribed by the Department of Industrial Works (DIW) are followed.

Read the classification of 4 categories of Hazardous Substances in detail.

Category 4 Hazardous Substances include: 

  • Persistent Organic Pollutants (POPs)
  • Carcinogens
  • Mutagens 
  • Reproductive Toxicants
  • Teratogens
  • Acute Toxicants
  • Chemical weapons
  • Other very toxic substances

Explore the list and categories of hazardous substances under the Department of Industrial Works (DIW).

Import Permit

Affected: Importers of Hazardous Substances Category 4 for the purpose of use as reference substance in laboratory

Any person, who wishes to import Hazardous Substance Category 4, requires to submit the application for import permit to the Department of Industrial Works (DIW).

Documents/ information required to apply for the import permit:

  • Application for Import Permit of Hazardous Substance Type 4 (Form WoAo./AoKo. 12), annexed with Notification of MOI B.E. 2556 (2013), detailing the company information and specifics of the hazardous substance to be imported
  • Purchasing order from the laboratory
  • Certification of use in the laboratory (in case the laboratory’s import for its own business) 
  • Specification of hazardous substance
  • Copy of juristic person registration certificate
  • Power of attorney (if other person is allowed to act on your behalf)
  • Other documents as needed

Approval

Once approved by DIW, an import permit is issued using the Import Permit of Hazardous Substance Type 4 (Form WoAo/AoKo 13). Import permits are issued for each product or each hazardous substance name.

Validity

The import permit is valid for only one time of import and for a period of not more than six months after the permission date.

Import Declaration

Affected: Importers of Hazardous Substances Category 4 for the purpose of use as reference substance in laboratory 

Any person who has received the import permit needs to submit an import declaration of hazardous substances to the Department of Industrial Works (DIW) or through DIW’s computerized system before proceeding with customs clearance. 

Documents/ information required for import declaration:

  • Declaration Form for Hazardous Substance Type 4 (Form WoAo./AoKo. 14), annexed with Notification of MOI B.E. 2556 (2013), detailing the company information and specifics of the hazardous substance to be imported
  • Copy of import permit (WoAo/AoKo 13) 
  • Copies of invoice and BL or a manifest

Delivery to Buyer

Affected: Importers delivering the Hazardous Substances Category 4 to the buyers for the purpose of use as reference substance in laboratory.

The importer delivering hazardous substances to a buyer is required to submit the list of delivery to the Department of Industrial Works (DIW) within thirty days after the date of delivery.

Documents/ information required to submit the list the hazardous substance delivery:

  • List of Delivery of Hazardous Substance Type 4 (Form WoAo./AoKo. 15), annexed with Notification of MOI B.E. 2556 (2013) detailing the company information and specifics of the hazardous substance to be delivered
  • Copy of import permit (WoAo/AoKo 13)
  • Certificate of Analysis of reference substance with 100% content

Possession Permit

Affected: Possessors of Hazardous Substances Category 4 for the purpose of use as reference substance in laboratory

Any person who wishes to possess Hazardous Substance Category 4 requires to submit the application for possession to the Department of Industrial Works (DIW). 

Documents/ information required to apply for the possession permit:

  • Application for Possession Permit of Hazardous Substance Type 4 (Form WoAo./AoKo. 16), annexed with Notification of MOI B.E. 2556 (2013) detailing the company information and specifics of the hazardous substance to be possessed
  • Copy of juristic person registration certificate
  • Copy of import permit (WoAo/AoKo 13)
  • Safety measures for storage, usage and disposal
  • Name of specific person responsible for safety storage, usage, and disposal
  • Power of attorney (if other person is allowed to act on your behalf)

Approval

Once approved by DIW, a possession permit is issued using the Possession Permit of Hazardous Substance Type 4 (Form WoAo/AoKo 17).

Validity

Possession permit is valid for three years since the permission date.

Exemption

  • Person who has received the import permit is exempted from the duty to submit the application for hazardous substance possession permit for a duration specified in the import permit.
  • Laboratories associated with ministry, state department, local government, state enterprise, state organization and Thai Red Cross, which possess hazardous substances category 4 for purpose as reference substances in laboratories are exempted from the requirement to apply for a possession permit.

Safety Measures 

Those in possession of hazardous substances category 4 must ensure safety in storage, usage, and disposal. This involves adhering to technical standards and appointing a designated responsible person to oversee these measures.

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

Annual Reporting

 Possessors of hazardous substance category 4 must submit annual report of the amount of hazardous substances in possession using the Reporting Form on Possession Amount of Hazardous Substance Type 4 (Form WoAo/AoKo 18) to the Department of Industrial Works (DIW) at the end of the calendar year or via the DIW’s computerized system by February of the following year. 

Renewal of Possession Permit

Possessors seeking to renew possession permits must submit renewal applications to the Department of Industrial Works (DIW) using the Application for Renewal of Possession Permit of Hazardous Substance Type 4 (Form WoAo/AoKo 19) prior to the permit expiration date.

The renewal application undergoes a review process, and if approved, the possession permit is renewed, granting continued possession status until refusal by the Department.

Conclusion

It’s essential to recognize the severity of these substances and the importance of proper handling and permissions before proceeding with any importation or possession procedures. For more comprehensive, up-to-date and accurate information on the rules and regulations surrounding the hazardous substances category 4, it is highly recommended to seek advice from professionals or authorized organizations to ensure proper understanding and compliance with the necessary requirements.

Document download

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 reference substance in laboratory B.E. 2556 (2013) [ENG] [TH]

List of hazardous substances

– Notification of Ministry of Industry: List of Hazardous Substances B.E. 2556 (2013) [Thai PDF / English PDF]

– Notification of Ministry of Industry Subject: List of hazardous substances (No.2) B.E. 2558 (2015) [Thai PDF / English PDF]

– Notification of Ministry of Industry: List of hazardous substances (No. 3) B.E. 2559 (2016) [Thai PDF / English PDF]

– Notification of Ministry of Industry: List of Hazardous Substance (No. 4) B.E. 2560 (2017) [Thai PDF / English PDF]

– Notification of Ministry of Industry: List of Hazardous Substance (No. 5) B.E. 2562 (2019) [Thai PDF / English PDF]

– Notification of Ministry of Industry: List of Hazardous Substance (No. 6) B.E. 2563 (2020) [Thai PDF / English PDF]

– Notification of Ministry of Industry: List of Hazardous Substances (No.7) B.E. 2565 (2022) [Thai PDF / English PDF]

Where can you find the additional information?

Comprehensive guidelines and procedures for activities involving Hazardous Substance Category 1,2 & 3 in Thailand

https://www.diw.go.th/webdiw/

https://www.jetro.go.jp/thailand/e_survey/_368230.html

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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