Thailand Notifies WTO on Exemption from Hazardous Substances Act Compliance

On 29 November 2023, Thailand has officially informed the World Trade Organization (WTO) about its intention to seek exemption from complying with the Hazardous Substances Act B.E. 2535 (1992). The Draft Notification, submitted by the Ministry of Public Health and falling under the purview of the Food and Drug Administration, outlines a crucial amendment that aims to streamline regulatory processes.

The proposed exemption specifically pertains to type 2 and type 3 hazardous substances that are imported solely for export purposes, with a clear stipulation that these substances are not intended for distribution within Thailand. The key change involves the waiver of the requirement to submit "the samples of label of hazardous substance (product labels)" for the registration of hazardous substances.

The primary objective behind this proposed amendment is to alleviate the regulatory burden on businesses. By exempting certain hazardous substances destined for export from the requirement to submit product labels for registration, the Thai government seeks to facilitate smoother and more efficient processes for business operators involved in international trade.

The rationale behind this move is to cut down on unnecessary documentation, providing relief to businesses engaged in the import and export of type 2 and type 3 hazardous substances. The regulatory adjustment is expected to enhance the ease of doing business, fostering a more conducive environment for trade while maintaining adherence to international safety standards.

The proposed date of adoption is yet to be determined, and the entry into force is set for the day following its publication in the Government Gazette. Stakeholders and interested parties have a 60-day window from the notification date to provide their comments on the proposed draft.