คำถามที่พบบ่อย - การควบคุมสารอันตราย Answer :
The officer the Hazardous Substances Control Bureau, Department of Industrial Works, provides answer as follows.
1. To apply for importing the chemical products which might be under Hazardous substances control, applicant shall fill in the specific form and prepare required documents and submit by hand to the Department of Industrial Works, 1st Floor, address 75/6 Rama 6 Road, Phayathai, Ratchathewi District, Bangkok 10400
Contact officer in charge of hazardous substances at Telephone no. +66 (0) 2 2024225-6
See DIW map via:https://goo.gl/maps/g6iXO
2. To check the list of chemical products or products according to the Hazardous Substance Act of B.E.2535 (1992), applicant can do through E-service system of Hazardous Substances Control Bureau via this link:http://www.diw.go.th/hawk/content.php?mode=eservice. (Thai version only)
The Hazardous Substances Control Bureau has E-service for consulting about the list of chemical products or products according to the Hazardous Substance Act of B.E.2535 (1992)
E-service for consulting about the list of chemical products or products
Step 1
Apply for a new member through this Link:http://www.diw.go.th/hawk/content.php?mode=eservice. (Thai version only)
บริการอิเล็กทรอนิกส์
When this page is shown, select apply for new member (สมัครสมาชิกใหม่)
Then, fill in the registration form (สว.อ.1) and following instruction. (in Thai only)
Documents required for new member registration:
- Registration Certificate (สว.อ.2) which print out from the system.
- Copy of Company Certificate (หนังสือรับรองการจดทะเบียนการเป็นนิติบุคคล)
- Copy of VAT Registration (ใบทะเบียนภาษามูลค่าเพิ่ม - ภ.พ.20)
- ID Card of the person who will register
- Power of Attorney ( in case authorized person does not Can download from:http://eis.diw.go.th/haz/hazard/Forms/New_m.pdf
- Copy of ID card or passport of grantor
Then, submit to the Hazardous Substances Control Bureau by sending email to address:member_haz@diw.mail.go.th
or post toHazardous Substances Control Bureau (Consulting through E-service)Department of Industrial Works
75/6 Rama 6 Road, Phayathai, Ratchathewi District, Bangkok 10400
After consideration, officer will send member number and password to the email when apply, then can start using the system for enquiry.
Step 2
After receiving member number and password, applicant shall consult through the E-service system, about the list of chemical products or products.
Access this link:http://www.diw.go.th/hawk/content.php?mode=eservice
At the end of the process, the result shall be sent to applicant, then, print out the result (สว.อ3), and continue to the next process of the Hazardous Substances Control Bureau, Department of Industrial Works (contact ห้องศูนย์สารพันทันใจ -Single Window) or relevant agency such as Customs Department.
To apply for producing, importing and exporting hazardous substances Please see Ministerial Regulations No. 4 (B.E. 2555) which issued under the Hazardous Substance Act of B.E.2535 (1992) from this link:http://www.diw.go.th/hawk/law/haz/Hazardous_Substance_Act_B.E._2535.pdfApplicant shall fill in the specific form and prepare required documents and submit by hand to the Department of Industrial Works, 1st FloorMinistry of Industry
75/6 Rama 6 Road, Phayathai, Ratchathewi
District, Bangkok 10400
Contact officer in charge
of hazardous substancesTelephone
+66 (0) 2 2024225-6
1. By definition, a hazardous substance means any of the following substances:
- Explosives
- Flammable substances
- Oxidizing agents and peroxides
- Toxic substances
- Infectious substances
- Radioactive substances
- Mutant causing substances (mutagens)
- Corrosive substances
- Irritating substances
- Other substances either chemicals or otherwise which may cause injury to humans, animals, plants, properties, or the environment.
2. Owing to the diverse characteristics and usage of those hazardous substances, the Hazardous Substances Act may not totally be enforced by only one agency. Three ministries, namely the Ministry of Industry, the Ministry of Agriculture and Cooperatives, and the Ministry of Public Health are directly involved in the control of hazardous substances. Other agencies such as the Ministry of Defence, the Ministry of Interior, and the Ministry of Science and Technology are also involved in the enforcement of the Act. The Act also opens opportunities for other agencies to make requests to become one of the authorized control agencies.
3. The Committee on Hazardous Substances is composed of no more than 25 representatives from the relevant ministries or agencies and no more than 7 scholars. The Committee has powers to consider various aspects and matters concerning the administration of hazardous substances control efforts.
4. The Committee has the following authorities:5. The Minister of Industry is empowered to:1) Making recommendations to the Ministry of Industry regarding (a) announcements of designated names and types of hazardous substances under the Act; (b) the responsible agencies (Section 18 paragraph two); and (c) lists of hazardous substances exempted from registration (Section 36 paragraph one).2) Making recommendations to the responsible Ministries regarding announcements pursuant to Section 20, Section 36 paragraph 3, Section 37 paragraph 2, Section 44, and Section 47(5).3) Giving advice to the authorities regarding registration of hazardous substances or revocation of the registered hazardous substances.4) Giving advice to the responsible Ministries, responsible agencies and the authorities on any matters relating to hazardous substances.5) Considering complaints from those who suffer from harm or damage caused by hazardous substances.6) Publicizing information relating to hazardous substances, including the list of hazardous substances or of relevant agencies engaging in the business.7) Inspecting, advising and assisting competent officers, government bodies or agencies in charge of various hazardous substances in exercising their powers and in performing their duties.8) Making recommendations to the Cabinet through the Ministry of Industry regarding the control and protection of hazardous substances, including remedies for damages caused by hazardous substances and operation guidelines for government agencies.9) Performing other tasks as provided by the law.
1) Issue Ministerial Regulationsprescribing fees at rates not higher than those annexed to the Act;specifying exemptions from paying a fee;specifying criteria and procedures for application, for permission and for renewal of permits to import, export, manufacture and sale of toxic substances.2) Make Notifications in the Government Gazette according to recommendations of the Committee concerning:the designation of the names, types or use of hazardous substances, period of application and responsible agencies; andthe list of hazardous substances type 2 or type 3 which are exempted from registration.
6. The Responsible Minister, with the recommendation of the committee, is empowered to publish in the Government Gazette the following:
1) Appointments of the competent officials.2) Specifications of the composition, qualifications, mixtures, containers, methods of examining and testing containers, labels, production, import, export, sale, transport, storage, disposal, destruction, treatments of hazardous substances, their containers, submission of information or specimens or any other matters relating to hazardous substances for the control, prevention, mitigation or restraint of dangers to be inflicted upon humans, animals, plants, properties or the environment, taking into consideration the international conventions and covenants.3) Designation of specialists/experts or personnel responsible for the execution of power item 2.6.2.4) Setting up of allowable quantities of hazardous substances.5) Designation of names and qualifications of hazardous substances being exempted from registration.6) Establishment of criteria for registration of hazardous substances.
7. The Act classified hazardous substances into 4 types according to degree of hazard as follows:
1) Type 1 hazardous substances, including those that require monitoring due to their low degree of hazard. The production, import, export or possession of such substances does not require a license or registration certificate, but the business operators must comply with the specified criteria and procedures.2) Type 2 hazardous substances, including those that are subject to both monitoring and controlling. The production, import, export, or possession of such substances must be notified to the authorities. The business operators must also comply with the specified criteria and must obtain a registration certificate (unless exempted). 3) Type3 hazardous substances, including those that are subject to stricter control procedures because of their higher degree of hazard, compared to type 2 hazardous substances. The production, import, export, or possession of such substances requires a permit and a registration certificate (unless exempted).4) Type 4 hazardous substances, including those that are considered to pose a vital risk to humans. So the production, import, export, or possession of any of such substances is prohibited.
8. An Information Center for Hazardous Substances shall be established in the Ministry of Industry as a coordinating center for collection and provision of information relating to hazardous substances.
9. According to the duties and liabilities prescribed in Chapter 3 of the Act, the Minister of Industry is empowered to publish in the Government Gazette additional designated substances being regarded as hazardous substances.
10. The competent officials have the following powers:
Source:1) To arrest any suspected person for investigation when there is a reasonably suspicious ground to believe that such an offence has been committed.2) To inspect any place engaging in business relating to the production and storage of hazardous substances, or inspect any vehicle suspected of carrying hazardous substances.3) To take reasonable quantities of hazardous or suspicious substances for further testing.4) To search, detain, or seize hazardous substances, their containers, book accounts, or documents of any relevant articles when there is a reasonably suspicious ground that an offence has been committed.5) To summon in writing any person to testify or to submit any documents on substances for consideration.
Hazardous Substances Control Bureau, Department of Industrial Works,
Ministry of Industry
75/6 Rama 6 Road, Phayathai, Ratchathewi District, Bangkok 10400
Information as of May 2015