Educational Information Only
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HSA Section 73 — Penalties: dealing in Type 3 substances without a licence
Hazardous Substances Act (พระราชบัญญัติวัตถุอันตราย) — Section 73.
Plain-English Summary
Anyone who breaches Section 23 paragraph 1 (producing, importing, exporting or possessing a Type 3 hazardous substance without a licence) is liable to imprisonment of up to two years or a fine of up to 200,000 baht or both. The graded penalty chapter (Chapter 4) sets related figures: failing to comply with a Type 1 operator's duties, or other Section 71 duties, up to six months or 50,000 baht or both (Section 71); breaching the Type 2 notification duty up to one year or 100,000 baht or both (Section 72); handling counterfeit, substandard, deteriorated or unregistered Type 3 substances is punished in Sections 75 to 78, with the penalty reduced to two-thirds for Type 2 (Section 79) and, for the Section 75 to 77 offences, to one half for Type 1 (Section 80). A repeat offender faces an extra half of the penalty (Section 87/1), and a director or manager who ordered or failed to prevent the offence is also liable (Section 87/2).
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 73 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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