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HSA Section 74 — Penalties: Type 4 substances
Hazardous Substances Act (พระราชบัญญัติวัตถุอันตราย) — Section 74.
Plain-English Summary
Anyone who breaches Section 43 paragraph 1 by producing, importing or possessing a Type 4 hazardous substance without permission is liable to imprisonment of up to ten years or a fine of up to 1,000,000 baht or both; if the act was a negligent act of an importer, exporter or possessor, the penalty is a fine of up to 800,000 baht. Transit of a Type 4 substance is separately punishable by up to ten years or 1,000,000 baht or both (Section 70/2). For toxic chemicals and precursors listed under the Chemical Weapons Convention, a person who instigates or supports an offence under Section 73 or Section 74 receives the same penalty as the principal (Section 74/1), and a Thai national who commits the offence outside the Kingdom is punished in the Kingdom (Section 74/2).
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 74 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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