Classification of Hazardous Substances in Thailand

January 21, 2015

The control of business-related activities (the manufacture, import, export and possession for professional use) of chemicals in Thailand is mainly regulated through the Hazardous Substance Act B.E. 2535. Six government agencies – the Department of Agriculture, the Department of Fisheries, the Department of Livestock Development, the Food and Drug Administration, the Department of Industrial Works, and the Department of Energy Business – oversee the control of their respective hazardous substances and each has the authority to promulgate and/or amend regulations as established by the Hazardous Substance Act through departmental notifications. Hazardous substances in Thailand are categorized into four types (Type 1, 2, 3 and 4) according to their control requirements. Type 1 hazardous substances are subjected to the least stringent regulations while all activities germane to Type 4 substances are prohibited.

Based on the Hazardous Substance Act, Thailand adopted the UN GHS revision 3 on March-12, 2012 through the Notification of Ministry of Industry on Hazard Classification and Communication System of Hazardous Substances B.E. 2555. Manufacturers and importers of hazardous substances (defined as either a substance or a mixture) must comply with the requirements annexed to the Notification as follows:

Evaluate product against the criteria for 16 classes of physical hazards, 10 classes of health hazards, and 2 classes of environmental hazards;
Apply correct labeling;
Prepare safety data sheets.

These requirements shall be complied with within 1 year after the notification was published in the Government Gazette for substances (March 12, 2013) and within 5 years for mixtures (March 12, 2017).

While there are six authoritative agencies that are responsible for their respective list of hazardous substances, only hazardous substances under the responsibility of Department of Industrial Works are currently classified to conform to the GHS classification. The remaining authorities are working to classify their substances to align with revision 3 of the UN GHS.

The Thai FDA under the Ministry of Public Health is drafting a notification to classify the substances under its oversight (consumer products) to comply with GHS classification, similar to that of the Department of Industrial Works’ hazard classification and communication system. The comment period for this proposed regulations concerning GHS-compliant classification of hazardous substances will end on January 20, 2015.

References:

Hazardous Substance Act B.E. 2535

http://www.ratchakitcha.soc.go.th/DATA/PDF/2535/A/039/21.PDF

Hazardous Substance Act (No. 2) B.E. 2544

http://www.ratchakitcha.soc.go.th/DATA/PDF/00027042.PDF

Hazardous Substance Act (No. 3) B.E. 2551

http://www.ratchakitcha.soc.go.th/DATA/PDF/2551/A/038/23.PDF

Consolidated List of Hazardous Substances

http://www.ratchakitcha.soc.go.th/DATA/PDF/2556/E/125/6.PDF

GHS Classification of Hazardous Substances

http://ghs.diw.go.th:8080/GHSThaiUser/jsp/search.jsp

Notification of Ministry of Industry titled, “Hazard Classification and Communication System of Hazard Substances” B.E. 2555 (2012)