by Nathan Kongprachaya
On April 30, 2019, Hazardous Substance Act (No.4) was published in the Royal Thai Gazette, Volume 136, Part 56 Gor (ก). The amendment will take effect 180 days following its publication in the official gazette.
Notable changes include:
- Re-organization of the Hazardous Substance committee and its members’ roles;
- Expansion of competent authority’s responsibilities in regulating advertisement-related activities, and addition of penalty clauses for non-compliance and appeal procedures;
- Liability resulting from damages caused by products
The most significant change is the introduction of transport-related terminologies such as “transit”, “re-import” and “re-export” which streamlines regulatory requirements for transboundary movements of products. Enterprises that wish to transit Type 1 and 2 hazardous products must notify the competent official whereas those wishing to transit Type 3 hazardous products must obtain a transit license. Type 4 hazardous products are not permitted to pass through Thailand. Products must leave the country within 5 days after passing through customs inspection. The fee for a transit license is 20,000 Baht (approximately USD 630 at the time the article is written) and is valid no longer than 45 days after issuance. It must be noted that the amendment explicitly states that transit of products can only be done by legal entities registered in Thailand.
An import notification receipt for Type 2 hazardous products or an import license for Type 3 hazardous products issued prior the promulgation of this amendment can be used as substitutes for transit licenses until such documents expire.
Recommended Action Items
- Review whether products are affected by the amendment, particularly Type 2 and 3 hazardous products
- Assess if advertisement-related activities violate the newly added clauses
Hazardous Substance Act (No. 4) (available in Thai)
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Hazardous Substance Act
Transport of Hazardous Products