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Background
Currently, the management of hazardous chemicals in Thailand is implemented with reference to the Hazardous Substance Act (HSA), which has been revised four times since it was released in 1992. In April 2019, the Hazardous Substance Act (No.4) [1] was released, and it entered into effect on 27th October 2019.
Generally speaking, HSA includes the following chapters regarding the management of hazardous substance in Thailand:
The foundation of the hazardous substance committee and its qualification, power, and responsibilities.
Hazardous substance control. In this chapter, hazardous substances are classified into 4 categories and the requirements of each category are specified.
Duties and civil liabilities of producers, importers, carriers, sellers and companies in possession of hazardous substances.
Penalties for activities that breach the act.
In its fourth Revision, provisions involving “transit”, re-import/re-export, and advertisement, etc. have been updated. More information about the HAS No.4 can be found from our previous report. (ChemLinked News Ⅰ [2], News Ⅱ [3])
As the most important chemical management regulation in Thailand, the HSA is not comprehensive enough to cover the complexities inherent in chemical management in Thailand nor can it effectively control hazardous chemicals throughout their lifecycle and throughout the supply chain. In April 2019, a draft new chemical regulation named the Chemical Substance Act [4], was released for public comment at a seminar held by the government. On 3rd September, the second draft [5] of the Chemical Substance Act was released for feedback and comment from relevant stakeholders.
The New Act on Chemical Management
The new Act contains these parts:
The foundation of the National Chemical Policy Committee, Chemical Assessment Committee (CAC), Specific Sector of Chemical Management Committee and National Chemical Agency and their qualification, power and responsibilities.
Chemical management process. In this part, chemicals are sorted into three lists and requirements for chemicals in each list are detailed, as well as the provisions on chemicals assessment, qualification, control, and inspection.
Measures to promote and support chemical management. It stipulates that the Chemical Information Centre under the National Chemical Agency will be responsible for the preparation and dynamic update of the Thailand chemical inventory.
Duties and penalties. The insurance and compensation for the damages resulting from chemicals are emphasized.
Transitional measures.
In the Chemical Substance Act, Thailand’s focus on chemicals management has shifted to management based on risk. In the new Act, substances will be classified into 3 Lists with reference to Thailand Existing Chemical Inventory and risk assessment conducted by the CAC. Here are the descriptions of the substances in these three Lists:
List 1: Low risk. Enterprises shall comply with the coming standards regarding import/export, production, transportation, storage and disposal/recycling of substances in List 1.
List 2: High risk. Enterprises must obtain licensing from the competent authority before handling chemicals in this list.
List 3: All activities are prohibited, while substances used for R&D purposes or chemicals where contamination at use is unavoidable with controlled risk may be exempt.
The review of the chemicals in the hazardous substance list of HSA and Thailand's existing inventory from the current classification system to the new CSA system will also be conducted by CAC, as specified in the transitional provisions. Here are other proposed transitional provisions:
The notification or registration which was applied under HSA but still in process would be transferred to the new Act.
The existing permits and qualifications under HSA will still be valid until expiration.
The ministerial regulations and notices under HSA will still be effective until the new ones under CSA are approved.
Besides the points mentioned above, here are some other developments in the new Act:
The Act covers the entire chemical life cycle and regulates not only substances but also mixtures and articles.
The validity period of licenses is specified and shall not exceed 6 years.
The insurance and compensation for the damages arising from chemicals are regulated, and the penalty scheme will be stricter.
Major Changes in the Second Draft
Only five months after the first one, the second draft of the Chemical Substance Act was released in September 2019. Compared with the previous version, many provisions have been adjusted to be more applicable and practical in the new draft. The most important amendments are shown as below:
The Only Representative system is proposed. Oversea manufacturers shall appoint a qualified representative to conduct the registration process according to the second draft. And the representative must be a Thai national, have an office in Thailand and have obtained relevant qualifications.
The second draft clearly states that CAC has to sort the substances in the Hazardous Substance List and other related lists into the three new lists within one year from when the CSA comes into effect.
Requirements for the members of the Committees have been revised. The power and responsibility of the Committees have been adjusted as well.
Conclusion
The new Thailand Chemical Substance Act has been formulated based on the old Hazardous Substance Act and the advanced chemical control regulations of other regions, especially EU REACH. The new Act is not only a more complete and efficient chemical control regulation it has also been developed to meet Thailand's specific requirements. The timeline for implementation of the new regulation has not been stipulated yet but when finalized it will undoubtedly have major implications for stakeholders.
