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Hazardous Substance Act (HSA) is the most major chemical regulation in Thailand, which has been revised four times since it was released in 1992. In April 2019, Thailand released the Hazardous Substance Act (No.4) [1], which will take effect on 27th October 2019. The fourth revision focused on stating the definition of “transit” and separating it from “import” and speeding up the customs process by reducing repeat steps.
As ChemLinked reported during this year’s ChemCon (Chemlinked News [2]), provisions involving “transit”, re-import/re-export, and advertisement, etc. in HSA were updated. Here are some other key points for stakeholders about the revision:
The specific customs border for “transit” of hazardous substances are identified. The respected commodity shall be set out of the port within 5 days after the completion of transit activity and custom inspection.
The requirements for damage insurance are established and the provisions in accordance with the payment of preliminary damage are stipulated. Those who have been adversely affected by hazardous substances shall be compensated. In case the commodity has been insured, the compensation shall be paid beforehand without liability approval. (WTO Notification [3])
The provisions aimed at exemption for unitizations of hazardous substances under the purposes of the study, analysis, research, and development are established, which will help reduce the undue burden and make the practice of the Act more efficient.
In this year, a draft new chemical regulation of Thailand, namely the Chemical Substance Act [4], was released and discussed as well. The government held a seminar regarding the draft in April, while there is no relevant information on the government websites now. According to some existing reports, once the Chemical Substance Act is approved, it will replace the Hazardous Substance Act to control chemicals.
Compared to HSA, the new Act reflects Thailand’s focus on chemicals management has shifted to management based on risk. A new chemical registration system and a new chemical classification system are introduced in the draft as well. In HSA, all substances are classified into 4 types based on the hazard level. While in the new Act, the substances will be classified into 3 Lists according to Thailand Existing Chemical Inventory and risk assessment. 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.
Another important point in the draft is the establishment of the Chemical Assessment Committee (CAC), Specific Sector of Chemical Management Committee, and National Chemical Agency. These organizations will work together in chemical management. 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 mixture and article.
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.
Based on the existing information, the Chemical Substances Act is more like a REACH regulation compared with HSA, and undoubtedly entails a more comprehensive framework and better management of chemical activities. More about the Act will be updated on ChemLinked once the Thailand government releases more information.
