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HSA Section 45 — Prohibited hazardous substances: counterfeit, substandard, deteriorated, unregistered, revoked
Hazardous Substances Act (พระราชบัญญัติวัตถุอันตราย) — Section 45.
Plain-English Summary
Prohibits producing, importing, exporting or possessing a Type 1, 2 or 3 hazardous substance that is (1) counterfeit, (2) substandard, (3) deteriorated, (4) required to be registered but not registered, or (5) registration-revoked. Possession in order to destroy the substance, hand it to an official, or for another duty under law is excluded. Sections 47 to 49 define the categories: counterfeit includes imitations, substances bearing a false name, producer, place of production or claim of registration, and substances whose active content is outside the notified tolerance by a notified level; substandard covers smaller deviations from the tolerance or the registered purity; deteriorated covers substances past the expiry date on the label or altered into one of those conditions. Anyone who knows they hold such a substance must destroy it, report it to the competent official or hand it over (Section 46).
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 45 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.
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