HAZARDOUS SUBSTANCE ACT B.E. 2535
(Unofficial English Translation)
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BHUMIBIIOL ADULYADEJ REX.
Given on the 29th day of March, B.E. 2535;
Being the 47th year of the Present Reign.
His Majesty king Bhumibhol Adulyadej has been graciously pleased to
proclaim that:
Whereas it is expedient to revise the law on hazardous substance.
BE IT THEREFORE ENACTED BY THE KING, by and with the advice and consent
of the National Legislative Assembly acting as the parliament,, as follows:
Section 1 This Act shall be called the "Hazardous Substance
Act, B.E. 2535 "
Section 2 This Act shall come into force as from the day following
the day of its publication in the Government Gazette.
Section 3 The following Acts shall be repealed:
(1) The Toxic Substance Act, B.E. 2510.
(2) The Toxic Substance Act (No. 2), B.E. 2510.
Section 4 In this Act, "Hazardous Substance" means
the following substance.
(1) Explosives
(2) Flammable Substance.
(3) Oxidizing agent and peroxide.
(4) Toxic substance.
(5) Substance causing diseases.
(6) Radioactive substance.
(7) Mutant causing substance.
(8) Corrosive substance.
(9) Irritating substance.
(10) Other substance either chemicals or otherwise which may cause
injury to the persons, animals, plants, property, or environments.
"Produce" means to make, culture, blend, mix, alter, modify,
contain separately or contain collectively.
"Import" means to bring or order into the Kingdom or to transit.
"Export" means to send or undertake to send out of the Kingdom.
"Sale" means a disposal, dispensation, or distribution for
commercial purposes and also includes having in possession for sale.
"Having in possession" means having in possession whether
for oneself or for others and regardless of whether having in possession
for sale, for transport or for use or for other purposes and also includes
leaving or existing in the area under possession.
"Label" means a picture, logo, or any statement shown on
the hazardous substance, containers, or packages, or inserted or included
in the hazardous substance or containers or packages and also includes
a document or manual for the hazardous substance.
"Committee" means the Committee on Hazardous Substance.
"Authority" means a person appointed by the Responsible Minister
for the execution of this Act.
"Responsible Minister" means the line Minister of any agency
assigned to take charge of the control of hazardous substance under Section
19.
Section 5 The Minister of Defence, the Minister of Agriculture
and Cooperatives, the Minister of Interior, the Minister of Public Health,
the Minister of Science, Technology and Environment, and the Minister of
Industry shall control, promote, and oversee the work of the Secretary
and the Assistant Secretaries of the Committee on Hazardous Substance for
the execution of this.
The Minister of Industry shall have the power to prescribe the ministerial
rules fixing the fees of not higher than the rates attached herewith and
exempting the fees as well as adopting other requirements and to prescribe
the announcements for the execution of this Act.
The Responsible Minister shall have the power to appoint the authorities
and to prescribe the announcements for the execution of this Act.
Such ministerial rules or announcements, upon publication in the Governi-nent
Gazette, shall become enforceable.
Chapter 1
Committee on Hazardous Substance
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Section 6 There shall be the Committee on Hazardous Substance
consisting of the Permanent Secretary of the Ministry of Industry as the
chairman, the Director-General of the Department of Internal Trade, the
Director-General of the Department of Medical Services, the Director-General
of the Department of Public Works, the Director-General of the Police Department,
the Director-General of the Department of Agriculture, the Director-General
of the Department of Agricultural Extension, the Secretarly-General of
the National Environment Board, the Secretary-General of the Food and Drug
Administration, the Secretary-General of the Office of Atomic Energy for
Peace, the Secretary-General of the Office of Industrial Standards Institute
and a representative from the Ministry of Defence and not more than seven
scholars appointed by the Cabinet as the members; the Director-General
of the Industrial Works Department as a member and the secretary; a representative
from the Department of Public Works, a representative from the Department
of Industrial Works, a representative from the Department of Agriculture,
a representative from the Office of Atomic Energy for Peace and a representative
from the Food and Drug Administration as the assistant secretaries.
The member scholars appointed by the Cabinet must be the experts having
expertise, works and experiences retating to the branches of chemistry,
science, engineering, agricultural science, or law and at least two of
them shall be appointed from the scholars working in an organ of public
interest for the protection of health or environment.
Section 7 The Committee shall have the following powers and
duties.
(1) To give opinions to the Minister of Industry regarding the prescription
of the announcements pursuant to Section 18 paragraph two and Section 36
paragraph one.
(2) To give opinions to the Responsible Ministers regarding the prescription
of the announcements pursuant to Section 20, Section 36 paragraph three,
Section 37 paragraph two, Section 44, and Section 47 (5).
(3) To give advice to the authority regarding the registration or revocation
of the register of hazardous substance.
(4) To give advice or opinions to the Responsible Minister, the Minister
of Industry, responsible agencies and the authority regarding any matter
relating to hazardous substance.
(5) To consider the grievances from persons sustaining troubles or
injuries from hazardous substance.
(6) To inform of or publicize the information relating to hazardous
substance to the public. In this respect, the list of hazardous substance
or of relevant persons engaging in a business may be designated.
(7) To oversee, give advice, and expedite the authority, Government
bodies or agencies taking charge of various hazardous substance in the
exercise of their powers and in the performance of their duties as provided
by law.
(8) To propose opinions to the Minister of Industry for recommendation
to the Cabinet regarding the control of hazardous substance and the protection
of and remedies for damage caused by hazardous substance as the operation
guidelines for various Government agencies.
(9) To perform such other acts as provided by law to be the powers
and duties of the Committee.
Section 8 The member scholars shall remain in their office for
a term of two years. Any retiring member scholar may be reappointed.
Section 9 Apart from the vacancy upon expiration of the term
of office under Section 8, the member scholars may vacate the office upon:
(1) Death;
(2) resignation;
(3) removal by the Cabinet on account of deficiency, dishonesty to
the duties, disgraceful behavior or incapacity;
(4) being a bankrupt;
(5) being incompetent or quasi-incompetent person; or
(6) punishment of imprisonment by a final judgement to that effect
except the punishment for an offence committed recklessly or a petty offence.
Section 10 In case where an appointment of a member scholar
is made during the term of office of the member scholars already appointed,
either as an additional appointment or for filling the vacancy, the person
so appointed shall retain his/her office for the term equal to that remaining
for the member scholars already appointed.
Section 11 In case where the member scholars have completed
their term of office but no new member scholars have been appointed, the
retiring member scholars shall, for the time being, perform their duties
until new appointment of the member scholar is made.
Section 12 Not less than half of the total number of members
must be present at the meeting of the Committee in order to form a quorum.
If the chairman is not present at the meeting, the members present shall
select one of the members to be the chairman of the meeting.
Decisions of the meeting shall be made by a majority of votes. Each
member shall have one vote. In case of an equality of votes, the chairman
of the meeting shall have a casting vote. Any member having a private interest
in any matter, such member shall have no right to vote on such matter.
Section 13 The Committee shall have the power to appoint a Sub-commitee
to consider or to perform any act as assigned by the Committee.
The committee shall fix the quorum and procedures of the Sub-committee
as it thinks fit.
Section 14 In performing its duties, the Committee or Sub-committee
assigned by the Committee shall have the power to give a written order
summoning any person to testify or to submit any document or substance
for consideration as is necessary.
Chapter 2
Control of the Hazardous Substance
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Section 15 In case where there exists the law on any subject
having any specific provisions, such provisions of the law shall apply.
However, in case where it is appropriate, the Committee, upon approval
of the Ministry taking charge of the law on such subject, may adopt a resolution
applying the provisions of this Act in addition to or in lieu of the law
on such subject provided that any period or condition may be provided in
such resolution.
The resolution under paragraph one, upon publication in the Government
Gazette by the Minister taking charge of the law on such subject, shall
become enforceable.
Section 16 In case of necessity for the prevention of danger
to be inflicted upon the persons, animals, plants, property, or environments,
a decree may be prescribed designating the area for prohibition of possession,
disposal or use of any hazardous substance.
Section 17 The Information Center for Hazardous Substance shall
be established in the Ministry of Industry as a coordinating center with
respect to information on hazardous substance for various government agencies
including private sectors for the collections and services of all kinds
of information relating to hazardous substance since their existence in
foreign countries, importation or domestic production, moving, uses, destruction,
and any other relevant matters.
Section 18 The hazardous substance is classified according to
the needs for control as follows:
(1) Type 1 hazardous substance is that of which the production, import,
export, or having in possession must comply with the specified criteria
and procedures.
(2) Type 2 hazardous substance is that of which the production, import,
export, or having in possession must first be notified to the authority
and must also comply with the specified criteria and procedures.
(3) Type 3 hazardous substance is that of which the production, import,
export, or having in possession must obtain a permit.
(4) Type 4 hazardous substance is that of which the production, import,
export, or having in possession is prohibited.
For the purpose of prevention and stop of danger that may be inflicted
upon the persons, animals, plants, property, or environments, the Minister
of Industry with the opinions of the Committee, shall have the power to
publish in the Government Gazette designating the names or qualifications
of hazardous substance, types of hazardous substance, period of application
and responsible agencies for the control of the said hazardous substance.
Section 19 When an agency of the Ministries or Bureaus of the
Central Administration has requested to be the agency responsible for the
control of any hazardous substance for the execution of this Act, the committee
shall consider and submit its opinions to the Minister of Industry in order
to prescribe the announcements under Section 18 paragraph two designating
such agency as the agency having the powers and duties to execute all or
part with respect to such hazardous substance provided that specialized
expertise, number of personnel, relationship with the principal tasks and
work load under its responsibilities shall be primarily taken into consideration.
In case where the Committee has viewed otherwise, the Minister of the
requesting agency shall be responsible for the confirmation to the Committee
within thirty days. In this case, it shall be proposed to the Minister
of Industry for submission to the Cabinet for consideration.
Section 20 The Responsible Minister, with the opinions of the
Committee shall have the power to publish in the Government Gazette,
(1) adopting the composition, qualifications and mixtures, containers,
methods of examining and testing the containers, labels, productions, imports,
exports, sales, transports, storage, disposals, destruction, treatments
of hazardous substance containers, notification of facts, submission of
specimens or any other matters relating hazardous substance for the control,
prevention, mitigation, or stop of the dangers to be inflicted upon the
persons, animals, plants, property, or environment by taking into consideration
international conventions and covenants,
(2) requiring to have the specialized experts or personnel responsible
for any execution under (1),
(3) adopting the error criteria from the required quantity of the essential
substance in the hazardous substance,
(4) adopting the procedures for registration of the said hazardous
substance,
(5) designating the names and qualifications of the hazardous substance
and exemptions under Section 36.
Section 21 A producer, importer, exporter or a person having
possession of the type 1 hazardous substance must comply with announcements
of the Responsible Minister prescribed pursuant to Section 20 (1) (2) and
(3).
Section 22 Subject to the provisions of Section 36, no person
shall be allowed to produce, import, export, or have in possession the
type 2 hazardous substance unless the desire to so undertake has been first
notified to the authority. Upon prescription of an announcement designating
any substance to be the type 2 hazardous substance, the producer, importer,
exporter, or the person having possession of such substance shall notify
the authority of his/her undertaking then within the period specified in
the said announcement.
The producer, importer, exporter or the person having possession of
the type 2 hazardous substance must also comply with the announcements
of the Responsible Minister prescribed pursuant to Section 20 (1) (2) and
(3).
Section 23 Subject to the provisions of Section 36, no producer
shall be allowed to import, export, or have in his/her possession the type
3 hazardous substance unless permitted by the authority.
The application for permission and the permission thereof shall be
in accordance with the criteria and procedures provided for in the ministerial
rules, provided that such ministerial rule shall provide as clearly as
possible for the cases to be allowed or not to be allowed except in case
of an unforeseen necessity and the period for consideration for permission
shall also be clearly specified.
The producer, importer or the person having possession of the type
3 hazardous substance must also comply with the announcements of the Responsible
Minister prescribed pursuant to Section 20 (1) (2) and (3).
Section 24 Upon prescription of an announcement designating
the substance to be the type 3 hazardous substance, the producer, importer,
exporter, or the person having possession of such hazardous substance shall
apply for a permit under Section 23 within the period specified in the
said announcement and during the said period, such person shall engage
in the business for the time being until the authority shall deny the permission
as applied.
Section 25 A permit already issued, if subsequently the law
or circumstance has changed or there is a substantial ground for the protection
of safety, the authority having the power to issue the permits shall have
the power to order an amendment of the conditions for permission as is
necessary.
Section 26 A permit issued under this Act shall be valid for
the period specified therein but shall not exceed three years as from the
date of issuance of the permit.
Section 27 The recipient of a permit wishing to renew the permit
shall apply therefore before the expiration of the permit. Upon submission
of the application, such person shall be deemed as if he/she were the recipient
and shall continue the business until the authority shall deny the renewal
of such permit.
The application for renewal of a permit and the renewal thereof shall
be in accordance with the criteria and procedures provided for in the ministerial
rules.
Section 28 In case where the authority denies the issuance or
renewal of a permit, the applicant for a permit or a renewal thereof has
the right to appeal to the Responsible Minister within thirty days as from
the date of receipt of the notice denying the issuance or the renewal of
a permit. The decision of the Responsible Minister shall be final.
Section 29 If the authority denies the renewal of the permit
or the Responsible Minister orders the dismissal of the appeal for renewal
of the permit, the applicant for the renewal of the permit may sell the
hazardous substance in his/her possession within the period of three months
as from the date of receipt of the order denying the renewal of the permit
or of receipt of the order of the Responsible Minister dismissing the appeal
as the case may be. Upon expiration of the said period, Section 52 paragraph
two, paragraph three and paragraph four shall apply mutatis mutandis.
Section 30 If a permit or a certificate of registration of the
hazardous substance is lost, erased or substantially defected, the recipient
of the permit shall apply for a substitute of the permit or of the certificate
of registration of the hazardous substance to the authority within fifteen
days as from the date of knowledge of the loss, erasure or defect.
Section 31 The recipient of a permit which is valid for more
than three months must present the permit or the substitute thereof at
the open and noticeable place at the place of business specified in the
such permit.
Section 32 When it appears to the authority that any recipient
of a permit violates or fails to comply with this Act, the authority shall
have the power to consider and to order a suspension of the permit for
such a period as the authority thinks fit but shall not exceed one year
and if it is a serious case, the authority may order a revocation of the
permit.
Section 33 The person whose permit has been suspended or revoked
under Section 32 has the right to appeal to the Responsible Minister within
thirty days as from the date of receipt of the order. The decision of the
Responsible Minister shall be final.
The appeal under paragraph one shall not ease the enforcement of the
order suspending or revoking the permit.
Section 34 The person whose permit has been suspended or revoked
under Section 32 may sell the hazardous substance in his/her possession
within the period of three months as from the date of receipt of the order
revoking the permit or of receipt of the order of the Responsible Minister
dismissing the appeal as the case may be. Upon expiration of the said period,
Section 52 paragraph two, paragraph three, and paragraph four shall apply
mutatis mutandis.
Section 35 The person whose permit has been revoked may not
apply for a new permit until the expiration of five years as from the date
of revocation of the permit.
Section 36 The Minister of Industry, with the opinion of the
Committee shall publish in the Government Gazette, publicizing clearly
the list of hazardous substance of which its production process and nature
are likely to cause injury.
The production, import of type 2 or type 3 hazardous substance excluding
from the list in the announcement under paragraph one must be registered
first with the authority and upon receipt of the certificate of registration,
the production or import shall be undertaken under Section 22 or a permit
for production or for import under Section 23 shall be issued unless the
announcement of the Responsible Minister shall exempt such registration
in case where the same hazardous substance have been submitted for registration
or otherwise on a reasonable ground.
The application for registration of the hazardous substance and the
issuance of a certificate of registration of the hazardous substance shall
be in accordance with the criteria and procedures provided for by the Responsible
Minister with the opinions of the Committee upon publication in the Government
Gazette.
Section 37 In case where the registration of the hazardous substance
requires the production or import of the specimens thereof for registration
or other hazardous substance must be imported for use in the production
of hazardous substance to be submitted for registration and such hazardous
substance are required by law to be produced or imported upon prior permission
or registration, the applicant for registration may apply for permission
to the authority for the production or import of such hazardous substance
under this Act upon exemption from complying with the steps and procedures
provided for in the law on such subject.
The production and import under paragraph one must conform to the criteria
and procedures provided for by the Responsible Minister with the opinions
of the Committee upon publication in the Government Gazette.
Section 38 No authority shall register the hazardous substance
when the Committee regards that:
(1) the hazardous substance as applied for registration is not reliable
as to its benefits as applied or if used is likely to cause injury to the
persons, animals, plants, property, or environments without a reasonably
normal means for prevention;
(2) the hazardous substance as applied for registration uses the name
in such a manner as to show off, to be impolite or likely to create a misrepresentation,
or
(3) the hazardous substance as applied for registration is fake or
that of which its register has already been revoked by the authority.
The order of the authority denying registration shall be final.
Section 39 For the purpose of protection of the persons, animals,
plants, property, or environments, the authority with the recommendation
of the Committee shall have the power to amend the particulars in the register
of hazardous substance as is necessary.
Section 40 For any hazardous substance already registered which
later appears to lack the benefits as registered or if used is likely to
cause injury to the persons, animals, plants, property, or environments,
without a reasonably normal means for prevention, the authority with the
recommendations of the Committee shall have the power to revoke the register
of such hazardous substance. The order of the authority revoking the register
shall be final.
Upon revocation of the register of any hazardous substance, the right
of production, import, export, of or having possession of such hazardous
substance shall be extinct.
Section 41 The owner of hazardous substance of which its register
has been revoked must undertake to destroy or deal with his/her hazardous
substance in such a manner as ordered by the authority within the period
specified by the authority and Section 52 paragraph two, paragraph three,
paragraph four shall apply mutatis mutandis.
Section 42 The producer for commerce, importer for commerce,
exporter for commerce, keeper for commerce or seller of type 2 or type
3 hazardous substance must pay the annual fees in accordance with the criteria
and procedures provided for in the ministerial rules but the rates of such
fees shall not exceed those attached herewith.
Failure to pay the fees within the specified period shall result in
an additional payment of five percent per month. In case where the payment
of the fees is in arrears without reasonable grounds and if it is the case
of a permit for operation, the authority may suspend or revoke the permit
as is appropriate.
Section 43 No person shall be allowed to produce, import or
have in his/her possession the type 4 hazardous substance.
Upon announcement of the Responsible Minister designating any substance
as the type 4 hazardous substance, the producer, importer, person having
possession of such substance shall comply with the order of the authority
and Section 41 shall apply mutatis mutandis.
Section 44 The Responsible Minister with the opinions of the
Committee shall have the power to announce that the following hazardous
substance are exempted from complying with this Act wholly or partially
as the Responsible Minister thinks fit.
(1) The hazardous substance which by its nature or quantity may cause
minor injury or against which the enforcement of various measures under
this Act will incur unreasonable burden.
(2) The hazardous substance of the ministries, bureaus, departments,
local administrations, state enterprises, government agencies, Thai Red
Cross Society or other agencies as to be appropriately designated.
Section 45 No person shall be allowed to produce, import, export
or have in the possession type 1, type 2, or type 3 hazardous substance
as follows:
(1) Fake hazardous substance. (2) Sub-standard hazardous substance.
(3) Hazardous substance of deteriorating quality. (4) Hazardous substance
that must be registered but has not been registered. (5) Hazardous substance
of which its register is revoked.
The having in possession under paragraph one does not include possession
for destruction or for submission to the authority or possession for other
purposes under the duty provided by law.
Section 46 Any person knowing that the hazardous substance in
his/her possession is the hazardous substance under Section 45 must destroy
it, must notify the authority or must submit it to the authority in accordance
with the criteria and procedures provided for in the announcement prescribed
pursuant to Section 20 (1).
Section 47 The following hazardous substance or property shall
be regarded as the fake hazardous substance.
(1) Property artificially made to duplicate the genuine hazardous substance
either wholly or partially.
(2) Hazardous substance designated as other hazardous substance or
of which their expiry date is exaggerated.
(3) Hazardous substance of which the illustration of the name or trademark
of the producer or the location of the producing place is falsified.
(4) Hazardous substance represented as the registered hazardous substance,
which is falsified.
(5) Hazardous substance produced with less or more essential substance
than the error criteria under Section 20 (3) at the level specified by
the Responsible Minister with the opinions of the Committee upon publication
in the Government Gazette.
Section 48 The following hazardous substance shall be regarded
as the Substandard hazardous substance.
(1) Hazardous substance produced with less or more essential substance
than the error criteria under Section 20 (3) but not reaching the level
specified under Section 47 (5).
(2) Hazardous substance produced with the purity, mixtures or other
characteristics essential to the quality of hazardous substance different
from the criteria specified or registered.
Section 49 The following hazardous substance is regarded as
the hazardous substance of deteriorating quality.
(1) Expiring hazardous substance as shown on the label. (2) Hazardous
substance so attached as to have the same characteristics as the fake hazardous
substance under Section 47 (5) or sub-standard hazardous substance.
Section 50 When the Committee regards any label as incompatible
with Section 20(l), the Committee shall have the power to order the producer
or importer to disuse the said label or to undertake to correct such label.
Section 51 The control of advertising of the hazardous substance
shall be in accordance with the law on consumers protection and for the
purpose of the control of advertising, the hazardous substance of which
the labels are adopted under Section 20 (1) shall be deemed to be the merchandises
of which their labels are controlled by the committee on the control of
labels under the said law mutatis mutandis.
Section 52 When it appears to tile authority that any producer,
importer, exporter or any person having the possession of the hazardous
substance violates or fails to comply with this Act, the authority shall
have the power to order such person to stop the violating acts or to correct
or modify or rectify. In this respect, if there is a reasonable ground,
the authority may allow such person to export such hazardous substance
in order to return the same to the producer or shipper of such hazardous
substance or otherwise as the authority deems appropriate by complying
with the criteria, procedures and conditions provided for by the authority.
In the case of paragraph one, if it appears that the producer, importer,
exporter or the person having the possession of the said hazardous substance
cannot rectify whether due to lack of capacity or otherwise, the authority
shall have the power to order such person to submit such hazardous Substance
to the authority at the specified place in order to destroy or deal with
it as is appropriate by taking into consideration the dangers to be inflicted
by the said hazardous substance.
In case where such hazardous substance may be sold, the authority shall
undertake to auction or to sell to the government agencies within three
months as from the date of submission. The proceeds after expenses for
storage, sale and relevant charges shall be kept in order to return to
the owner but after the expiration of the said three months, the hazardous
substance has not yet been sold, if the authority regards that further
extension of the said period shall cause harm or create unreasonable burden,
the authority shall have the power to give the order destroying or dealing
with it as is appropriate.
In case where the hazardous substance must be destroyed or dealt with
as is appropriate, if the expenses are incurred, the owner of hazardous
substance shall have the duty to pay or to reimburse to the Government.
Section 53 When it appears that any person has committed an
offence under this Act or there is a reasonable ground to suspect that
such offence has been committed, the authority shall have the power to
arrest such person in order to hand over to the inquiry official for further
legal action.
Section 54 In performing the duties, the authority shall have
the following powers.
(1) To enter the place engaging in a business relating to the hazardous
substance, place of production of the hazardous substance, place of storage
of the hazardous substance, or place suspected to be such a place during
the period from sunrise to sunset or during the working hours of the said
place or to enter the vehicle carrying the hazardous substance or suspected
to carry the hazardous substance in order to inspect the hazardous substance,
containers of hazardous substance, book accounts, documents or other articles
relating to the hazardous substance.
(2) To take the hazardous substance or substance suspected to be the
hazardous substance in a reasonable quantity as specimens for inspection.
(3) To search, detain, seize, or attach the hazardous substance, the
containers of the hazardous substance, book accounts, documents or any
relevant articles in case where there is a reasonable ground to suspect
that an offence under this Act has been committed.
(4) To summon in writing any person to testify or to submit any document
or substance for consideration.
Section 55 For the hazardous substance, containers of the hazardous
substance, book accounts, documents and any article seized or attached
under Section 54 (3), if the articles seized or attached are perishable
or if kept, will be risky of causing injury or harm or the expenses thereof
will exceed the value of such articles, the authority shall have the power
to destroy or deal with it as is appropriate by taking into consideration
the harm that may be caused by the said hazardous substance and Section
52 paragraph three and paragraph four shall apply mutatis mutandis.
If the authority considers that the articles seized or attached are
not the property to be forfeited under Section 88 or the Public Prosecutor
has the final order not to prosecute, the authority shall withdraw the
attachment or return the hazardous substance, containers of the hazardous
substance, book accounts, documents and such articles to the person deserved
of such return immediately.
In case of the return of the articles seized or attached or of the
proceeds thereof, such return shall be notified by a registered reply mail
to the domicile of the person deserved of such return. In case where a
person deserved of such return is unknown or if known, his/her domicile
is unknown, if publicized in a local newspaper circulated in the areas
in which such articles have been seized or attached, or such publicity
in a newspaper shall not cover the value of the articles to be returned,
if posted at the District Office of such area not less than fifteen days,
it shall be deemed to have been notified upon expiration of seven days
as form the date of publicity in the newspaper or the expiry date of the
period of notice posted at the District Office as the case may be.
A person applying for a return shall be liable to pay the charges of
the Government incurred by such publicity in the newspaper together with
an additional payment of twenty percent of the said amount.
In case where the return cannot be done because a person deserved of
such return is not found, the articles seized or the proceeds to be returned
as the case may be shall be kept. If within one year from notification
to the person deserved of a return no such person applies thereof, the
articles or the proceeds shall devolve on the State.
Section 56 In performing the duties, the authority must present
the identity card to the persons involved.
The identity card of the authority shall be in accordance with the
form specified by the Responsible Minister.
Chapter 3
Duties and Civil Liabilities
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Section 57 The provisions in this Chapter shall not abrogate
or limit the duties and civil liabilities of a person under the provisions
in other chapters or laws.
Section 58 For the purpose of fixing the duties and liabilities
under this Chapter, the Minister of Industry shall have the power to publish
in the Government Gazette designating the substance to be regarded as the
hazardous substance under the provisions in this Chapter.
Section 59 The producer of hazardous substance must be careful
in procuring the substance for production, adopting the procedures and
reliable steps of production, providing the containers which are strong
and safe for uses, moving, transporting, providing the labels showing the
hazardous nature of such articles which is adequately distinct, storing
properly, and examining the reliability of the person accepting the delivery
of hazardous substance from the producer or a person who may be expected
to accept delivery of the said hazardous substance.
Section 60 The importer of the hazardous substance must be careful
in selecting the producers, examining the quality of hazardous substance,
examining the correctness of containers and labels, selecting the mode
of transport and carriers, storing properly and examining the reliability
of the person accepting the delivery of hazardous substance from the importer
or a person who may be expected to accept the delivery of the said hazardous
substance.
Section 61 The carrier must be careful in examining the articles
used in transportation or the vehicles and equipment, correctness of container
and labels, propriety of the modes of transport, correctness of loading
on the vehicles and reliability of the employees or the persons working
for or with the carrier.
Section 62 The person having possession of the hazardous substance
must be careful in examining the creditability of the producer or importer
or supplier of such hazardous substance, correctness of containers and
labels, propriety of storage, and reliability of the person accepting the
delivery of hazardous substance from him/her or a person who may be expected
to accept the delivery of the said hazardous substance.
Section 63 The producer, importer, carrier or the person having
possession of the hazardous substance must be liable for injury caused
by the hazardous substance in his/her possession unless it is proved that
such injury is caused by force majeure or fault of the injured person.
Section 64 The seller or deliverer of hazardous substance to
any person must be liable to such person for the injury caused by such
hazardous substance unless it is proved that such injury is caused by force
majeure or fault of the injured person.
Section 65 The employer, principal, hirer or owner of a business
must be jointly liable for the consequences of the wrongful act committed
by the persons under Section 63 or Section 64 in the course of their employment
for him/her but is entitled to the reimbursement from the said persons
unless he/she is also at fault in giving an order, selecting a person,
controlling or otherwise while directly results in such wrongful act.
Section 66 The producer, importer, wholesaler, retailer, middle-man
and the person taking part in the disposal at every interval from the producer
to the person liable while the wrongful acts under Section 63 or Section
64 occur must also be jointly liable for the consequences of the wrongful
act.
Section 67 The claim for harms arising out of the hazardous
substance under this Act shall be barred by prescription after the expiration
of three years as from the date the injured person learns of the injury,
the state of being the hazardous substance and the person liable for compensation.
If negotiation is undertaken with respect to the compensation to be
paid between the person understood to be liable for such compensation and
the person entitled thereof, the prescription shall be interrupted until
it appears that such negotiation cannot reach settlement.
Section 68 The persons to be liable under Section 63, Section
64, Section 65 or Section 66 who have already paid the compensation to
the injured person shall have the right of recourse against a person delivering
the hazardous substance to him/her or to a person working for him/her and
from a person or persons taking part in every stage of delivery of the
said hazardous substance up to the producer provided that the right of
such recourse shall be exercised within three years as from the date of
payment of the compensation. However, if the person exercising the right
of a recourse is the person intentionally or negligently committing the
wrongful act, such person shall have the right of a recourse only for the
part beyond his/her own liability.
Section 69 In case where the hazardous substance causes injury
to the persons, animals, plants, or environments if the State suffers injury
on account of expenses paid in order to rescue, move, treat, mitigate or
get rid of the injury and to restore to the original or nearly original
condition or if it is the injury to the res nullius, or natural
resources, or injury to state property, upon request from the agency assigned
to be responsible for the said hazardous substance, the Public Prosecutor
shall have the power to institute the claim of compensation for the said
injury to the State.
Chapter 4
Penalties
___________________________________
Section 70 Any person failing to testify or to submit any document
or object as ordered by the Committee or Sub-Committee under Section 14
or as summoned in writing by the authority under Section 54 (4) shall be
subject to an imprisonment not exceeding one month or a fine not exceeding
ten thousand Baht or both.
Section 71 Any person failing to comply with Section 21, Section
22 paragraph three, Section 41, or Section 43 paragraph two shall be subject
to an imprisonment not exceeding six months or a fine not exceeding fifty
thousand Baht or both.
Section 72 Any person violating Section 22 paragraph one or
failing to comply with Section 22 paragraph two or Section 23 paragraph
three shall be subject to an imprisonment not exceeding one year or a fine
not exceeding one hundred thousand Baht or both.
Section 73 Any person violating Section 23 paragraph one shall
be subject to an imprisonment not exceeding two years or a fine not exceeding
two hundred thousand Baht or both.
Section 74 Any person violating Section 43 paragraph one shall
be subject to an imprisonment not exceeding ten years or a fine not exceeding
one million Baht or both.
If the offence under paragraph one is committed recklessly by the importer,
exporter, the person having possession of the said hazardous substance,
such offender shall be subject to a fine not exceeding eight hundred thousand
Baht.
Section 75 Any person violating Section 45 (1) or Section 45
(5) in the case of revocation of the register due to the likelihood to
cause injury without any reasonably normal means for prevention, if the
offence is committed with respect to type 3 hazardous substance, shall
be subject to an imprisonment not exceeding seven years or a fine not exceeding
seven hundred thousand Baht or both.
If the offence under paragraph one is committed recklessly by the importer,
exporter or the person having possession of the said hazardous substance,
such offender shall be subject to a fine not exceeding five hundred thousand
Baht.
Section 76 Any person violating Section 45 (2) or Section 45
(5) in the case of revocation of the register due to lack of benefits as
registered, if the offence is committed with respect to type 3 hazardous
substance, shall be subject to an imprisonment not exceeding five years
or a fine not exceeding five hundred thousand Baht or both.
If the offence under paragraph one is committed recklessly by the importer,
exporter, the person having possession of the said hazardous substance,
such offender shall be subject to a fine not exceeding four hundred thousand
Baht.
Section 77 Any person violating Section 45 (3), if the offence
is committed with respect to type 3 hazardous substance shall be subject
to an imprisonment not exceeding one year or a fine not exceeding one hundred
thousand Baht or both.
If the offence under paragraph one is committed recklessly, such offender
shall be subject to a fine not exceeding eight hundred thousand Baht.
Section 78 Any person violating Section 45 (4), if the offence
is committed with respect to type 3 hazardous substance, shall be subject
to an imprisonment not exceeding three years or a fine not exceeding three
hundred thousand Baht or both.
Section 79 If the offence under Section 75, Section 76, Section
77 or Section 78 is committed with respect to type 2 hazardous substance,
such offender shall be subject to two-thirds of the penalty provided for
in the said Section.
Section 80 If the offence under Section 75, Section 76, Section
77 or Section 78 is committed with respect to type 1 hazardous substance,
such offender shall be subject to one-half of the penalty provided for
in the said Section.
Section 81 Any recipient of a permit failing to comply with
Section 30 or Section 31 shall be subject to a fine not exceeding ten thousand
Baht.
Section 82 Any person intentionally creating a misunderstanding
with respect to the origin, nature, quality, or other essences relating
to the hazardous substance belonging either to such person or to other
persons, making or using the labels of false statements or statement known
or ought to be known to cause such misunderstandings shall be subject to
an imprisonment not exceeding one year or a fine not exceeding one hundred
thousand Baht or both.
If the offender under paragraph one repeating the commission of the
same offence within six months as from the date of previous commission,
such offender shall be subject to an imprisonment not exceeding two years
or a fine not exceeding two hundred thousand Baht or both.
Section 83 Any person selling the hazardous substance without
a label or if there is a label, such label or representation thereof is
not correct or selling the hazardous substance with a label of which its
use has been revoked or rectified by the order of the Committee under Section
50 shall be subject to an imprisonment not exceeding six months or a fine
not exceeding fifty thousand Baht or both.
If the offence under paragraph one is committed recklessly, the offender
shall be subject to a fine not exceeding forty thousand Baht.
If the offence under paragraph one is committed by the producer or
importer, such offender shall be subject to an imprisonment not exceeding
one year or a fine not exceeding one hundred thousand Baht or both.
Section 84 Any person intentionally or recklessly rendering
a service of making illegal labels or attaching illegal labels or destroying
the essential part of legal labels for any of the hazardous substance under
the provisions in Chapter 2 shall be subject to an imprisonment not exceeding
six months or a fine not exceeding fifty thousand Baht or both.
Section 85 Any person failing to comply with Section 52 paragraph
one shall be subject to an imprisonment not exceeding three months or a
fine not exceeding thirty thousand Baht or both.
Section 86 Any person failing to facilitate reasonably the authority
undertaking the execution of Section 54 shall be subject to an imprisonment
not exceeding one month or a fine not exceeding ten thousand Baht.
Section 87 In case where the Court renders a judgement punishing
any person for the offence under Section 71 or Section 72 and which is
the case where a permit is exempted, if the circumstances indicate that
such person may repeat the commission of such offence, the Court may order
in the judgement prohibiting the engagement with respect to the hazardous
substance for a period not exceeding five years as from the date of passing
over of the punishment.
Section 88 The hazardous substance produced, imported, exported
or had in possession illegally under this Act, the containers of the said
hazardous substance, tools and relevant equipment or any property forfeited
by a judgement of the Court shall be submitted to the agency responsible
for the control of the said hazardous substance in order to destroy or
deal with it as is approprate.
In case of the destruction thereof, the Court may also order in the
judgement directing the owner to pay for the expenses incurred therefrom
to the Government.
Section 89 The offence under this Act which are punishable by
an imprisonment not exceeding one year or by a fine only, the Committee
or Subcommittee or authority assigned by the Committee shall have the power
to effect the fine.
In case of the seizure or attachment of the exhibits relating to the
commission of an offence under this Act, the person having the power to
effect the fine under paragraph one shall effect a fine only when
(1) in case where the exhibits can be rectified, the offender has agreed
and rectified the exhibits;
(2) in case where the exhibits cannot be rectified, the offender allows
the exhibits seized or attached to devolve on the agency responsible for
the control of the said hazardous substance.
In case where the person agreeing to such effect of the fine has rectified
the exhibits, the authority shall withdraw the attachment of such exhibits.
The articles devolved on the agency responsible for the control of
the said hazardous substance shall be dealt with in accordance with the
regulations prescribed by the Responsible Minister.
Provisional Chapter
___________________________________
Section 90 Any application for permission filed in accordance
with the law on toxic substance and pending the consideration shall be
deemed to be the application for permission under this Act mutatis mutandis.
In case where such application has different particulars from those of
the application under this Act, the person having the power to grant a
permission shall order the modification thereof as is necessary for the
compliance with this Act.
Section 91 A permit and certificate of registration issued to
any person in accordance with the law on toxic substance prior to the date
of coming into force of this Act shall remain valid until expiration of
the specified period.
Section 92 The substance or any other articles designated by
the announcements as ordinary toxic substance and serious toxic substance
pursuant to the law on toxic substance shall be revised and the prescription
of the announcements designating them as type 1, type 2, type 3, or type
4 hazardous substance shall be completed within six months as from the
date of coming into force of this Act.
During the period of unfinished execution under paragraph one, the
provisions of the law on toxic substance shall remain in force except that
the provisions relating to the Committee on Toxic Substance shall be replaced
by the provisions of this Act relating to the Committee on Hazardous Substance
and the provisions of this Act shall immediately come into force insofar
as they do not conflict or contradict with those of the law on toxic substance.
Section 93 The ministerial rules and announcements prescribed
pursuant to the law on toxic substance shall remain in force insofar as
they do not conflict or contradict with the provisions of this Act.
Countersigned by
Anand Panyarachun
Prime Minister
Rates of Fees
___________________________________
| (1) certificate of Registration of Hazardous Substance
|
|
| (2) Permit for Production of Hazardous Substance |
|
| (3) Permit for Import of Hazardous Substance |
|
| (4) Permit for Export of Hazardous Substance |
|
| (5) Permit for Having Possession of Hazardous |
3,000 Baht each Substance |
| (6) Permit for Import of Specimens of Hazardous |
1,000 Bath each Substance |
| (7) Substitute for a Certificate of Registration of |
1,000 Baht each Hazardous Substance |
| (8) Substitute for a Permit |
|
| (9) Producer of Hazardous Substance |
|
| (10) Importer of Hazardous Substance |
|
| (11) Exporter of Hazardous Substance |
|
| (12) Keeper for Commerce of Hazardous Substance |
|
| (13) Seller of Hazardous Substance |
|
| (14) Renewal fees of a Permit each time are equal to those fixed for
each category of the permits. |
|
N.B. The reason for the proclamation of this Act is that at present
a great number of hazardous substance have been used in various business
and some of them have caused serious injury to the persons, animals, plants,
property, and environments. Although at present there exist some laws which
are applicable to the hazardous substance, there are so many of them which
are under the powers of several ministries, bureaus, departments as a result
of different proclamations made in different periods of time entailing
discrepancies and incomprehensive-ness of their provisions. It is therefore
expedient to revise the law on toxic substance by expanding the scope of
application to cover every kind of hazardous substance as well as to adopt
the criteria and procedures for an even more suitable control of the hazardous
substance and to agencyize the administrative system to promote coordinations
among various agencies involved in tile supervision of the said hazardous
substance. It is therefore necessary to enact this Act.
(Published in the Government Gazette, Volume 109, Part 39, dated 6th
April, B.E. 2535)