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On March 31, 2022, Thailand’s Department of Industrial Works (DIW) notified WTO of the draft amendments to the List of Hazardous Substances under the Hazardous Substance Act B.E. 2535 (1992) (Notification G/TBT/N/THA/659, hereinafter referred to as Notification) for comments until May 31, 2022. As per the Notification, the DIW drafted some amendments to revise and add certain hazardous substances on the list of hazardous substances. Such amendments are proposed to facilitate the proper control measures for certain concerned substances in line with the Stockholm Convention on Persistent Organic Pollutants. They are summarized as below.
Amendments to Annex 5.1 regulated by the DIW
Adding concentration limit for regulating triethanolamine (CAS No. 102-71-6) as “ >30% w/w”;
Changing benzyl cyanide (CAS No. 140-29-4) from Type 1 to Type 3;
Adding perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds, which are in the group of persistent Organic Pollutants (POPs). They are:
1) perfluorooctanoic acid (CAS No. 335-67-1)
2) ammonium perfluorooctanoate (CAS No. 3825-26-1)
3) sodium perfluorooctanoate (CAS No. 335-95-5)
4) potassium perfluorooctanoate (CAS No. 2395-00-8)
5) silver perfluorooctanoate (CAS No. 335-93-3)
6) perfluorooctanoyl fluoride (CAS No. 335-66-0)
7) methyl perfluorooctanoate (CAS No. 376-27-2)
8) ethyl perfluorooctanoate (CAS No. 3108-24-5)
They will be classified as Type 3 and Type 4 substances due to specific conditions. To learn more about the classification and use conditions, please read: Thailand DIW Consults on Adding PFOA, Its salts, and PFOA-related Compounds to the List of Hazardous Substances
For industrial enterprises, the following points shall be paid more attention to:
For substances that are prescribed as Type 3 hazardous substances in the draft amendments, manufactures, importers, exporters or processors, who have been in relevant business before the effective date of the amendments, shall submit an application for a license within 30 days since the effective date. The application for registration must be submitted within the same period if any hazardous substance requires registration.
For substances that are prescribed as Type 4 hazardous substances in the draft amendments, manufactures, importers, exporters or processors, who have been in relevant business before the effective date of the amendments, shall comply with the order of competent official within 180 days since the effective date.
Besides, the Notification also proposed changes to hazardous substances regulated by Thailand’s Food and Drug Administration and Department of Livestock Development, as well as their use conditions. Details can be accessed from the official document: Notification G/TBT/N/THA/659
According to the Notification, the date of adoption of the amendments is undetermined. However, the updated list of hazardous substances will enter into effect immediately from the date of its publication on the government gazette.
