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Guidance for Hazardous Substances Considered as HS List 5.6
According to the MOI Notification on the List of Hazardous Substances (No. 2) B.E. 2558 (2015)
published in the Royal Thai Government Gazette dated 19 February 2015 and entered into force since
20 February 2015, the Hazardous Substances Control Bureau (HSCB) issued the additional description in
order to comply with the Notification regarding the control of hazardous substances List 5.6 under the
authorization of DIW as follows:
Hazardous substance as on List 5.6 means hazardous substance as on the list of hazardous
substances annexed to the MOI Notification on the List of Hazardous Substances (No. 2) B.E. 2558
(2015) which is authorized and controlled as hazardous substance type 1 by the Department of
Industrial Works (DIW) consisting of substances or mixtures which are not under the authorization of
other agencies for production or importation and possess one of the following properties:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Explosive;
Flammable substance;
Oxidizing agent or Peroxide;
Toxic substance;
Mutagen;
Corrosive;
Irritant;
Carcinogen;
Toxic to reproductive organ;
Environmentally hazardous substance.
For consideration aspects, firstly, check if the product is a substance or a mixture. Then, if a
substance or a mixture is already controlled under any other specific regulations by checking on: List 1.1,
1.2, 2.1, 2.2, 2.3, 3.1, 3.2 3.3, 4.1, 4.2, 4.3, 5.1, 5.2, 5.3, 5.4, 5.5 and 6. If not then check if it falls into one
of the ten hazard properties being classified as hazardous substance type 1 as on List 5.6. The
procedures for considering whether it can be considered as HS List 5.6 or not are shown in the following
flowchart (see page 3).
For the definition of substance or mixture, it was prescribed in the MOI Notification on Declaration
of Production or Importation of Hazardous Substance List 5.6 under the Authorization of DIW B.E. 2558
(2015) as follows:
“Substance” means chemical elements or their compounds in the natural state or obtained by any
production process, including any additive necessary to preserve the stability of the product and any
impurities deriving from the process used, but excluding any solvent which may be separated without
affecting the stability of the substance or changing its composition.
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“Mixture” means a mixture or a solution composed of two or more substances in which they do not
react.
Hazardous substance entrepreneur. Since this MOI Notification regarding List 5.6 of DIW is aimed to
gather the chemical information produced and imported in the country in order to prepare the existing
chemical inventory and using these information to determine the appropriate measures for chemical
management plan in the future. Therefore, for a release of its burden, DIW has assigned producers or
importers of substances or mixtures falling in any 10 mentioned hazard properties shall have duty on
notifying the chemical information as stated in the form WoAo./AoKo. 20 to DIW as on the MOI
Notification on Declaration of Hazardous Substances List 5.6 under the Authorization of DIW B.E. 2558
(2015). Moreover, HS List 5.6 entrepreneurs can be exempted from complying with the 4 MOI
Notifications issued pursuance to the Hazardous Substance Act B.E. 2535 (1992) as follows:
1. WoAo./AoKo. 6 and 7 (Notification of MOI on Declaration of the Hazardous Substances under
the Authorization of Department of Industrial Works by Producer, Importer, Exporter or
Possessor B.E. 2547 (2004));
2. GHS classification and labelling (Notification of MOI on Hazard Classification and Communication
System of Hazardous Substances B.E. 2555 (2012));
3. Registration of fixed tank to transport vehicle (Notification of MOI on Land Transportation of
Hazardous Substance B.E. 2547 (2004));
4. Specialized person responsible for safety storage (Notification of MOI on Designation of a
Specialized Person Responsible for Safety of Hazardous Substance Storage under Authorization
of Department of Industrial Works at the Hazardous Substance Business Facility B.E. 2551
(2008)).
Consideration of Hazardous Substances List 5.6
In order to evaluate if a substance/mixture can be considered as HS List 5.6, the following flowchart
is recommended:
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Consideration Procedures for Hazardous Substances List 5.6
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Guidance for hazardous substances to be considered as HS List 5.6 (Thai version):
haz5.6
http://eis.diw.go.th/haz/pdf/haz5.6.pdf