Thailand Notifies WTO of Draft Notification on Criteria for Refilling Type 1 Hazardous Substances

On 29 November 2023, Thailand has officially notified the World Trade Organization (WTO) of the Draft Notification of the Ministry of Public Health concerning the criteria, procedures, and conditions for the possession of Type 1 hazardous substances. This notification specifically relates to refilling activities under the jurisdiction of the Food and Drug Administration (FDA) at refill stations.

The primary objective of this draft notification is to set criteria, procedures, and conditions for the possession of Type 1 hazardous substances during refilling activities under the jurisdiction of the FDA. The overarching goal is to protect human health and safeguard the environment.

Key provisions of the draft include:

• Definition of Hazardous Substances Refilling:

The draft prescribes the definition of refilling of hazardous substances at refill stations, focusing on the possession of Type 1 hazardous substances, specifically liquid cleaning products. This involves the sale of these substances by transferring or changing the container from a bulk product container to a refillable container at the refill station.

• Refill Process Requirements:

Prior to the refilling process, hazardous substances must have undergone a Type 1 hazardous substances fact notification. Additionally, the active ingredients of the refill products must belong to specific chemical groups, including amphoteric surfactants, anionic surfactants, non-ionic surfactants (except nonylphenol ethoxylate), and amine oxides.

• Notification Requirements:

Chapter 1 sets out the criteria, procedures, and conditions for notifying the authorities of the possession of Type 1 hazardous substances for sale through refilling activities. This includes notification of the refill products and the address of the refill station. Mobile refill stations require additional information about the storage location and the motor vehicle.

• Premise and Equipment Guidelines:

Chapter 2 outlines guidelines for premises and equipment, emphasizing the need for cleanliness and sanitation. Installations involved in preparations and controls must be checked before each use to ensure proper functioning, and all equipment must be maintained in good working order.

• Labelling Requirements:

Chapter 3 establishes labelling requirements applicable to refill hazardous substances products.

• Characteristics of Refillable Containers:

Chapter 4 details the characteristics of refillable hazardous substances containers.

Timeline

The proposed date of adoption is yet to be determined. The entry into force will come 180 days after its publication in the Government Gazette. Stakeholders and interested parties have a 60 days from the date of notification to provide their comments on the proposed draft.