Thailand Hazardous Substances Notification (B.E. 2558)

Thailand

Thailand Hazardous Substances Notification (B.E. 2558)

Little Pro on 2016-01-05

On 19 Feb 2015, the Ministry of Industry in Thailand published its new regulation B.E. 2558 on the notification of the production and import of hazardous substances in Government gazette. The regulation comes into force immediately on the same day.

The main purpose of this regulation is to build a national inventory of hazardous chemicals in Thailand and grasp their hazard properties. Manufacturers and importers of hazardous substances exceeding 1 ton per year are now required to notify their hazardous substances to the Department of Industrial Works (DIW) via DIW's online system. The notification shall be submitted within 60 days from the date of manufacture or importation (only once). This notification is also called Thailand Hazardous Substances Notification.

What is New?

August 2016, Thailand DIW released a preliminary inventory of existing chemical substances. Read more...

Scope of Thailand Hazardous Substances Notification

Notification is only required for >1t/y hazardous substances (including both substances and mixtures) listed in the annex 5.6 of Thailand Hazardous Substances List that the Department of Industrial Works (DIW) is responsible for. Annex 5.6 is a new generic entry covering industrial chemicals meeting the definition of hazardous substances under the Hazardous Substances Act (added in Feb 2015 by B.E. 2558). This would mean that almost all substances or mixtures meeting GHS classification criteria (GHS Rev. 3) will fall within the notification scope.

There are 6 annexes in Thailand Hazardous Substances List. Chemicals that are already included in the other annexes of Thailand Hazardous Substances List and already subject to the control or supervision of production and import are excluded from this notification requirement. Examples of excluded chemicals may include pesticide active ingredients and formulations listed in annex 1 and veterinary drugs in annex 3.

Info Required for Thailand Hazardous Substances Notification

The information required for the notification is very simple because most required info is from SDSs. The following info is required:

Legal entity info;
Type of activity: production or import;
Type of hazardous substances: substance or mixture;
Trade name and HS code;
Transport info: UN number, class;
Composition;
Packaging details;
Manufacturer name and country of origin;
GHS classification;
Content in SDSs: physio-chemical properties, toxicological info, eco-toxicological info and disposal considerations.
A copy of GHS SDS prepared in Thai or English needs to be provided when submitting the notification.

We have translated B.E.2558 and notification form into English (see picture below). We hope this is helpful.

Comment: This requirement is not new in Asia. Malaysia's Class Regulations also requires manufacturers and importers to notify the inventory of hazardous chemicals supplied in quantity over 1t/y. The first deadline for this notification is 31 March 2016.. China's SAWS Order 53 the Measures for the Administration of Registration of Hazardous Chemicals also require manufacurers and importers to register hazardous chemicals (although no small quantity exemption).

Protecting Confidential Business Info

For non-hazardous chemical products imported into Thailand, a statement from supplier is sufficent. There is no need to disclose full composition. For hazardous chemical products, DIW usually require notifiers to disclose their product composition in 100%. For imported products, foreign suppliers may consider using a local third-party agent to submit all info on behalf of importers to protect confidential business info.

Reference & Resources

Click here to access all references and resources for Thailand including the English translation of regulations, regulatory lists and useful links to the websites of competent authorities.

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