The Ministry of Industry of Thailand has established comprehensive regulations governing registration and handling of hazardous substances, as outlined in multiple ministerial notifications. The regulatory framework has evolved through several updates with significant implications for businesses dealing with hazardous materials.
The Minister of Industry designated hazardous substances listed in Schedules A and B as Annexes of the Notification of Ministry of Industry regarding list of hazardous substances (No. 4), dated 22 January 2006, as additions to the existing Notification of Ministry of Industry regarding list of hazardous substances list (1996) dated 17 February 1995. Under these regulations, the operator who is already in possession of such hazardous substances is required to notify authorities of its operations and register these substances with competent officials within 30 days of the notification’s effective date.
The regulatory landscape was further updated with the implementation of the Notification of Ministry of Industry regarding list of hazardous substances (2013). This notification maintained the requirement for existing operators to either notify authorities or apply for permits regarding hazardous substances specified in the updated list. The notification stipulated a 30-day compliance period from its effective date, including the requirement to register any substances designated as registrable hazardous materials.
For importers of hazardous substances, the Department of Industrial Works mandates obtaining several key licenses:
1. Hazardous Substance Registration Certificate (Wor.Or./Or.Gor. 2)
2. Hazardous Substance Import License (Wor.Or. 4)
3. Hazardous Substance Export License (Wor.Or. 6)
Operation without proper licenses can result in serious legal consequences. Importers or exporters who fail to obtain the required permits may face prosecution under the Customs Act for smuggling, regardless of whether there was actual intent to smuggle the substances. This strict liability approach emphasizes the importance of complete regulatory compliance in handling hazardous substances.
This regulatory framework demonstrates Thailand’s commitment to controlling the movement and handling of hazardous substances through a structured permitting system, with significant consequences for non-compliance. Organizations dealing with hazardous substances must ensure thorough understanding and adherence to these requirements to maintain legal compliance and avoid potential penalties.