Educational Information Only
The content on this page is for general educational purposes and does not constitute legal advice. Every legal situation is unique. For matters involving investigation, arrest, litigation, or formal proceedings, consult a qualified legal professional.
HSA Section 43 — Type 4: prohibition and the laboratory-standard exception
Hazardous Substances Act (พระราชบัญญัติวัตถุอันตราย) — Section 43.
Plain-English Summary
Prohibits anyone from producing, importing or possessing a Type 4 hazardous substance, except with written permission from the responsible agency granted only for use as an analytical reference standard in a laboratory. Applications and permissions follow criteria, methods and conditions the responsible minister sets by Gazette notification on the committee's opinion. Once the Minister of Industry declares a substance Type 4, producers, importers and possessors must follow the competent official's orders, and Section 41 (destroy or deal with the substance as the official orders) applies by analogy. Breach of the prohibition is punishable under Section 74. Separately, Section 44 lets the responsible minister exempt certain hazardous substances from the Act in whole or in part, for example small-hazard quantities, substances used for study, testing, analysis, research and development, and government-held substances.
Official Text
Official Thai text at the Royal Gazette / Office of the Council of State. Translation summary only.
Consult official sourceParent Statute
Hazardous Substances Act
พระราชบัญญัติวัตถุอันตราย · B.E. 2535 (1992)
The Hazardous Substances Act B.E. 2535 (1992) regulates hazardous substances (explosives, flammables, toxic, radioactive, corrosive and other harmful substances) from production, import, export, transit and possession through sale, transport, storage and disposal, the last of these controlled by ministerial notifications. A Hazardous Substances Committee chaired by the Minister of Industry advises, and the responsible agency for each substance is designated by Gazette notification under Section 18 paragraph 2 and Section 19, so several agencies may administer different substances. Substances fall into four types: Type 1 must follow prescribed rules, Type 2 requires prior notification, Type 3 requires a licence, and Type 4 is prohibited except for written-permission use as a laboratory reference standard (Section 43) or a ministerial exemption (Section 44). The Act also covers registration, advertising, official inspection and seizure powers, civil liability for damage, and criminal penalties.
The summary above is a plain-English educational paraphrase of Section 43 of the Hazardous Substances Act. It is not an authoritative translation. For the binding Thai text, consult the Royal Gazette or the Office of the Council of State. Educational use only — not a substitute for advice from a Thai-qualified lawyer.
Professional Legal Assistance
When a matter involves investigation, arrest, detention, litigation, or regulatory action, professional legal representation becomes essential.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
feedback.wasThisHelpful