Request a Demo
On August 1, 2024, Thailand’s Department of Industrial Works (DIW) launched a public hearing to evaluate the efficiency and effectiveness of enforcing the Hazardous Substances Act (HSA) and its subsequent amendments. Feedback is invited until September 30, 2024.
Purpose and scope
In Thailand, chemicals are primarily regulated under the HSA, the key legislative framework for chemical management. Initially enacted in 1992, the HSA was partially revised in 2001, 2008, and 2019. The HSA was established to ensure that the production, import, export, possession (for sale, use, storage, transport, or disposal), and transit of hazardous substances are managed exclusively by authorized operators and handled appropriately. The main goal of the current public hearing is to verify that the enforcement of the HSA aligns with its intended objectives.
The DIW is responsible for this law enforcement evaluation, collaborating with five other key regulatory bodies, i.e., the Food and Drug Administration (FDA), the Department of Agriculture (DOA), the Department of Fisheries (DOF), the Department of Energy Business (DOEB), and the Department of Livestock Development (DOLD). This public hearing focuses on reducing legal overlaps, minimizing social inequality, and updating the law to fit the current societal context.
Stakeholders
The public hearing will consider feedback from various stakeholders, including:
Hazardous substances business operators
Authorities responsible for hazardous substances management
Personnel from the Ministry of Industry
Other government agencies
Private sector
Public sector
Independent organizations
International organizations
Key issues identified in HSA enforcement
Since the HSA came into force, several issues have been identified that hinder its effective enforcement. More specifically:
Ambiguities in the HSA
Unclear responsibilities among different regulatory bodies, including those responsible for hazardous substances and those under other laws controlling chemicals.
Difficulties in interpreting conditions for re-import, re-export, and exemptions for personal or industrial use.
Definition of "Transit"
Issues with the definition of "transit" under HSA, which also concern the transshipment under customs law, leading to overlapping regulatory requirements and potentially creating trade barriers.
Advertising control
Challenges in regulating online and social media advertising, which are popular and widespread, potentially leading to broad public exposure to hazardous substances.
Handling violations
Coordination issues among multiple regulatory bodies, resulting in operational redundancies and delays in legal proceedings.
Containers management
Current regulations only require registration for fixed tanks used in hazardous substance transportation.
Law drafting process
Requirement for the Hazardous Substances Committee's opinions, possibly delaying law enforcement in urgent situations.
Other Issues
Establishing criteria and fast-track channels for urgent cases, potentially with higher fees.
Exemptions under other laws, limiting oversight under the HSA.
Misuse of hazardous substances, leading to unsafe practices impacting people, property, plants, and the environment.
Legal actions under the HSA in 2023
In the notice of public hearing, the DIW reported the following legal actions in 2023 under the HSA:
Possession of unregistered hazardous substances: 31 cases
Importing Type 3 hazardous substances without permission: 1 case
Exporting Type 3 hazardous substances without permission: 2 cases
Transit of Type 3 hazardous substances without a transit permit: 4 cases
The DIW emphasizes the importance of public participation in this evaluation process. The feedback collected will help refine the HSA and better serve public safety and environmental protection. Stakeholders are encouraged to submit their comments and suggestions before the September 30 deadline.
For more information, please visit the DIW’s public consultation hub.
