Thailand has notified the WTO of a draft Ministry of Public Health Notification revising the import exemption framework for hazardous substances under the responsibility of the Thai Food and Drug Administration. The draft applies to Type 1, Type 2 and Type 3 hazardous substances under Thai FDA responsibility.

The measure concerns import exemptions from compliance with the Hazardous Substances Act B.E. 2535 (1992) and is intended to clarify the criteria, conditions and required documentation for specific non-commercial import scenarios.

What the Draft Notification Would Introduce

The draft would repeal and replace two existing Ministry of Public Health notifications on import exemptions for hazardous substances under Thai FDA responsibility:

• the 2005 notification on import exemption relating to notification, licensing and registration applications;
• the 2025 amendment notification on the same subject.

The new draft revises the exemption criteria, conditions and documentation requirements for importing hazardous substances for limited purposes, including:

• personal use;
• occasional purposes;
• exhibitions;
• use by, or transfer to, an agency that complies with international standards for use of the hazardous substance;
• transfer to ministries, government agencies, state enterprises, local administrative bodies, the Red Cross, International Red Cross, or international agencies operating under relevant Thai law.

New Exemption Purpose for Film and Commercial Production

A notable addition is a new exemption route for importing hazardous substances for the production of foreign films or commercials in Thailand.

This creates a specific regulatory pathway for non-commercial, project-based imports of hazardous substances used in film or commercial production, subject to Thai FDA approval and the conditions attached to the draft notification.

FDA Approval and Electronic Submission

The notification states that hazardous substances imported under the covered exemption purposes must not be for sale and must be approved by the Thai FDA.

Required import documentation should primarily be submitted through the FDA’s designated electronic network. If electronic submission cannot be completed, the documents may be submitted at the Food and Drug Checkpoint where the importation takes place.

Implementation Timeline

The proposed date of adoption is still to be determined.

The draft is proposed to enter into force on the day following its publication in the Government Gazette. The final date for comments is 31 August 2026.

Industry Impact

The measure is relevant for companies, laboratories, event organizers, exhibition operators, film and commercial production companies, import agents and distributors handling Thai FDA-regulated hazardous substances.

Although the exemption is designed to reduce administrative burden for specific import purposes, importers should not treat it as an automatic waiver. The import must remain non-commercial, must fit one of the prescribed purposes and must obtain Thai FDA approval before import.

Businesses should review whether planned imports involve FDA-regulated hazardous substances, confirm the applicable exemption purpose, prepare supporting documents, and ensure that local importers or project operators can submit through the FDA electronic system or relevant Food and Drug Checkpoint.

Outlook for Industry

If adopted, the draft would provide clearer and more consolidated exemption procedures for limited, non-sale imports of FDA-regulated hazardous substances in Thailand. The addition of film and commercial production as a recognized exemption purpose is particularly useful for international production activities, but companies should still prepare substance-level documentation, purpose-of-use evidence and import approval records before shipment.