Thailand Ministry of Industry to Amend the Hazardous Substance List under Hazardous Substance Act

On 31 March 2022, Thailand released annexes to the Hazardous Substances Act for public consultation. Comments can be submitted before 31 May 2022.

The amendments involve the revision and inclusion of certain hazardous substances on the list of hazardous substances annexed to the Hazardous Substance Act. The summary is as follows:

Department of Industrial Works

1. Department of Industrial Works (DIW) revises 2 entries on List 5.1 as follows:

(1) Entry no. 202 triethanolamine, to add the condition under which this chemical will be regulated. The condition is "only concentration >30% w/w".

(2) Entry no. 247 benzyl cyanide, to be changed from type 1 to type 3.

Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds, which are in the group of persistent Organic Pollutants (POPs), will be included to List 5.1 as follows:

(1) Entry no. 526-533 (8 entries), to be classified as type 3 only being within the scope of specific exemptions under the Stockholm Convention on Persistent Organic Pollutants.

(2) Entry no.534-541 (8 entries), to be classified as type 4 in case of being outside the scope of specific exemptions under the Stockholm Convention on Persistent Organic Pollutants, with the exception of being present as impurity with the concentrations not more than those specified in this draft Notification.

Perfluorooctanoic acid (PFOA), its salts and PFOA-related substances which will be regulated under this draft Notification include:

Food and Drug Administration

2. Food and Drug Administration revises 24 hazardous substances as follows:

(1) List 4.1, 21 entries (entry no. 18, 31, 39, 41, 47, 51, 52, 74, 75, 94, 109, 110, 111, 137, 138, 152, 168, 173, 189, 208, and 209;

(2) List 4.2, 1 entry (entry no. 3)

to amend the condition as follows:

“In products used in household or public health activity with purposes for inhibiting, preventing, controlling, destroying rodents”

(3) List 4.3, 2 entries as follows:

• Entry no. 1, to adjust the name to “Products used in household or public health activity with purposes for inhibiting, preventing, controlling, destroying rodents” and to add the exemption conditions as follows:
  • “Except products being under one of the following conditions:
    • Products containing essential oils from plants or animals as active ingredients.
    • Products mainly contain plant parts that may be processed such as cutting, grinding, chopping, and slicing.
    • Products containing substances derived from plants or animals through the process of boiling, fermentation, extraction, combustion, or any other processes without the addition of other substances intended to cause a chemical reaction as key ingredients.
  • However, the products under 1, 2, and 3 must not contain any synthetic chemicals as active ingredients.”
• Entry no. 4, adding the exemption condition as follows:
  • “Except bleaching products containing enzymes as active ingredients and not containing synthetic chemicals as active ingredients.”

Department of Livestock

3. Department of Livestock includes “chlorpylifos” to List 3.1 (entry no. 24) which is classified as type 4 hazardous substance with the condition as follows:

“In active ingredients or products containing active ingredients intended for preventing, destroying, controlling insects or animal pests (except parasites living in animals)”

4. The producer, importer, exporter, or possessor of type 3 hazardous substance prescribed in this Notification has been in business before the effective date of this Notification and shall submit an application for a license within 30 days since the effective date of this Notification. If registration is required for any hazardous substance, an application for registration must be submitted within the same time period.

5. The producer, importer, exporter, or possessor of type 4 hazardous substance prescribed in this Notification has been in business before the effective date of this Notification and shall comply with the order of a competent official within 180 days since the effective date of this Notification.

Objective and Rationale: To amend the List of Hazardous Substances by revising its type and condition as well as adding the new entry substances, the amendment will facilitate the proper measure on new concern substance control and it is also in line with the concern chemicals under Stockholm Convention on Persistent Organic Pollutants. It provides safety and benefit to humans and the environment.

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