Thailand Reviews Hazardous Substances Act Following Stakeholder Consultation

The Department of Industrial Works (DIW) has released an evaluation of Thailand’s Hazardous Substances Act, following an extensive public consultation held between August and September 2024. The review assessed enforcement of the Act from 1992 to 2023 and incorporates feedback from businesses, regulators, and industry experts to address concerns and propose regulatory improvements. The goal is to enhance compliance efficiency, maintain industry competitiveness, and strengthen public safety. 

Key Issues Identified in the Consultation 

1. Licensing and Permit Regulations 

A major point of debate was the suspension and revocation of licenses for hazardous substances. Under the current law, a revoked license cannot be reapplied for until five years have passed. While some stakeholders supported this measure as a deterrent for non-compliance, others argued that it could disproportionately impact businesses. Additionally, there was strong opposition to permitting Type 4 hazardous substances for laboratory analysis under any circumstances. 

2. Clarity in Hazardous Substance Classification 

Stakeholders emphasized the need for a clearer definition of "hazardous substances" under Section 4 of the Act. The existing definition includes terms such as explosive, toxic, corrosive, and irritative, but businesses argued that it is too broad, leading to inconsistent enforcement. A revised classification system was proposed to improve regulatory certainty. 

3. Coordination Among Regulatory Agencies 

The Hazardous Substance Committee, composed of representatives from nine ministries—including Defence, Industry, Public Health, and Environment—was widely seen as a source of bureaucratic delays. Participants suggested including private sector representatives in the decision-making process to enhance efficiency. Businesses also proposed the creation of a centralized Hazardous Substance Information Centre within the Ministry of Industry to improve regulatory coordination and database management. 

4. Compliance Costs and Business Impact 

Companies raised concerns about high compliance costs associated with permits, labelling, storage, and disposal. These expenses increased product prices and operational burdens, prompting some businesses to seek alternatives. Additionally, mandatory insurance requirements were met with opposition, as stakeholders argued they would place unnecessary financial pressure on businesses handling hazardous substances. 

5. Advertising, Labelling, and Enforcement Mechanisms 

A major concern was advertising restrictions. While stakeholders supported bans on misleading claims, many opposed pre-approval requirements for advertisements, suggesting that regulatory agencies should bear the costs of approval rather than businesses. Regarding labelling compliance, some industry representatives expressed concerns about administrative burdens and suggested clearer documentation requirements for corrections. 

6. Enforcement, Penalties, and Exemptions 

Opinions were divided on increasing penalties for non-compliance. While some stakeholders were in favour of stricter penalties, others called for clearer enforcement criteria to prevent arbitrary fines. There was broad agreement for the creation of a subcommittee to handle minor offenses and to ensure consistent enforcement across agencies. Businesses also requested research and analysis exemptions for hazardous substances in transit or possession. Additionally, industry representatives argued that authorities should not impose extra fees for requesting official regulatory opinions before advertising hazardous substances. 

Proposed Amendments to the Hazardous Substances Act 

Based on stakeholder feedback, the following reforms have been proposed: 

• Improved coordination between regulatory agencies to streamline enforcement. 

• Clearer classification of hazardous substances under Section 4. 

• A unified import guarantee letter across agencies to simplify approval processes. 

• Bilingual guidelines (Thai & English) to enhance accessibility for businesses. 

• Updated storage and transport criteria reflecting modern industry standards. 

• Practical transition periods for new regulations to allow businesses to adapt. 

• Incentives for compliant businesses, including expedited approvals and dedicated application channels. 

Next Steps 

The DIW has acknowledged these concerns and has assured stakeholders that future amendments will incorporate these recommendations while aligning with international standards. As Thailand moves forward with regulatory updates, businesses and policymakers anticipate a more balanced, efficient, and fair hazardous substance management system. Draft amendments are expected to be released in the coming months for further public consultation before implementation. 

The full text of the evaluation can be found here.