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Table of Contents

Overview

When dealing with dangerous chemical substances or mixtures, it’s very important to appropriately produce, handle, use, transport and dispose in order to reduce risk that could be harmful to humans, animals, properties and the environment. In this article, we will help you understand how hazardous chemicals are categorized and give you a brief explanation on how the activities (importation, exportation, production, and possession) of the hazardous chemicals are regulated in Thailand under Hazardous Substance Act B.E 2535, the most important chemical law in Thailand enacted by the Department of Industrial Works (DIW) in 1992.

Under Hazardous Substance Act, hazardous substances mean the followings: 

(1) Explosives

(2) Inflammable substances

(3) Oxidizing agents and peroxide substances

(4) Toxic substances

(5) Disease causing substances

(6) Radioactive substances

(7) Mutagenic substances

(8) Corrosive substances

(9) Irritative substances

(10) Other substances, whether chemicals or otherwise, which may be harmful to people, animals, plants, property or environment

Hazardous Substances List

The Hazardous Substances List currently consists of more than 1,500 hazardous chemicals regulated by different ministries under the Hazardous Substance Act. The list is divided into 6 annexes based on which authorities are responsible for their control. The Department of Industrial Works (DIW) is responsible for the management of hazardous factory and industrial chemicals on annex 5 which will be mainly focused in this article.

Annex 5: 

 

5.1 Controlled chemical substances with clear identifiers (for example, chlorine, acrylic acid, acetic acid, ozone-depleting substances)

5.2 Chemical wastes

5.3 Used electrical and electronic appliance

5.4 Other substances such as hydrochlorofluorocarbons

5.5 Chemical weapons

5.6 All other chemicals meeting the definition of hazardous substances under the Hazardous Substances Act

4 Categories of Hazardous Substances

For the purpose of control and regulation, hazardous chemicals are grouped into 4 categories based on the following factors:

1. Their properties and effects on health and safety such as level of toxicity, duration of the effects, potential to cause cancer, how easily they catch fire, if they can explode, etc.

2. Obligations under international agreements and treaties. For example, substances like Chlorofluorocarbons (CFCs) that are harmful to the ozone layer are classified as category 3 hazardous substances based on the Montreal Protocol, an international agreement to protect the ozone layer.

3. The necessity of certain substances for industries. For example, certain hazardous substances are essential for use in domestic industries and cannot be replaced by less toxic alternatives, they may be temporarily classified as category 3 and stricter safety measures are imposed to control their use

 

Category 1 Hazardous Substance

Substances with a very low level of hazard which requires monitoring

  •  
  • Manufacturers and importers of hazardous substances or mixtures exceeding 1,000 kg per yearare required to notify their hazardous substances information to the DIW.
  • Business operators must comply with the specified criteria and procedures, such as labeling, rules and conditions for manufacturing and storage.

Action required: Notification

Category 2 Hazardous Substance

Substances with a higher level of hazard than Category 1 which requires monitoring and controlling


  • Manufacturers and importers of hazardous substances or mixtures exceeding 1,000 kg per yearare required to notify their hazardous substances information to the DIW.
  • Manufacturers and importers of Category 2 hazardous substances are required to get the hazardous substances registered with the DIW, MOI or other agencies designated by the MOI.

Action required: Notification and Registration

Category 3 Hazardous Substance

Substances with a higher level of hazard than Category 2 which requires strict monitoring and controlling

  • Manufacturers and importers of hazardous substances or mixtures exceeding 1,000 kg per yearare required to notify their hazardous substances information to the DIW.

  • Manufacturers and importers of Category 3 hazardous substances are required to get these hazardous substances registered with the DIW, MOI or other agencies designated by the MOI.

  • Manufacturers, importers, exporters and possessors are required to submit application of a license to produce, import or to possess Category 3 hazardous substance

Action required: Notification, Registration and Licensing

Category 4 Hazardous Substance

Substances with a very high level of hazard that are strictly prohibited

  • Any activities (producing, importing, exporting and processing) involving Category 4 are strictly prohibited. However, production or import of Category 4 Hazardous Substance intended for laboratory analysis and R&D may be exempted.

Further Explanation on Annex 5.6

According to the 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)manufacturers and importers of chemical substances that meet certain criteria of Annex 5.6 will have to notify chemical substances to the Department of Industrial Works (DIW).

 

Hazardous Chemicals, domestically produced and imported, which have never been controlled by other laws, have not been determined as hazardous substance by other agencies and departments, are not in the controlled list (Hazardous Substance Annex 5-1-5.5) and have properties of Annex 5.6 will be fall under Annex 5.6. 

 

For the better understanding, check the Consideration Procedure of Annex 5.6 provided by Department of Industrial Work.

Check the list of controlled hazardous substances.

This annex serves as an inventory list of existing chemicals in Thailand as DIW aims to create Thailand’s inventory of chemicals currently in use and establish suitable strategies for managing these chemicals by collecting enterprise notification information. 

 

The inclusion of substances in Annex 5.6 provides certain benefits to the notifiers. Specifically, the notified substances are exempted from some compliance duties mentioned in the Hazardous Substances Act B.E. 2535 (1992).

Conclusion

It is crucial for everyone handling hazardous substances to comply with the relevant rules and regulations according to each category and deal with the chemicals responsibly in order to protect society and the environment.

 

Explore a comprehensive rules and regulations guide, outlining the distinct procedures and documentation for each activity involving hazardous substances in Thailand.

 

**For more accurate and in-depth information on the hazardous substance chemicals and rules and regulations around them, it is highly recommended to seek advice from professionals or authorized organizations to ensure proper understanding and compliance with the necessary requirements.

Notification of Ministry of Industry: List of Hazardous Substances in Thailand

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

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

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

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

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

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

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

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