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1.Ministerial Regulations and Notifications Issued Pursuant to the Hazardous Substances Act, A.D. 1992

Hazardous Act, A.D. 1992

Responsible agency

(1) Ministry of Industry (Industrial Works Department)

(2) Ministry of Agriculture and Cooperatives (Agriculture Department and Fishery Department)

(3) Ministry of Public Health (Food and Drug Administration)

(4) Ministry of Energy (Energy Business Department)

3 Ministerial Regulations(A.D. 1994)
   (1) Criteria of Application for
          Permission
   (2) Criteria of annual fee
         payment
   (3) Rate of fees

Notification of Industry MinistrySubject List of Hazardous Substances A.D. 1995

Other Notifications on different matters i.e. Registration, Criteria and Procedures of Production or Import,etc.

* implemented jointly by 4 agencies.

* implemented jointly by 4 agencies

* Each agency issued its own notifications

2. Procedures relating to hazardous substances type 1, 2, 3 and 4 under the responsibility of the Department of Industrial Works

Hazardous Substance Type 1

No registration
No notification to the authority on the action takenfor production, importing, exporting or having in possession
Notification of the volume of production, importing and exporting to the authority in accordance with Notificationof Industry Ministry Subject Criteria for the notification of facts by producer, importer, exporter and possessor of hazardous substance which falls within the responsibility of the Department of Industrial Works
All actions must be taken in compliance with the announcements of Industry Minister issued underArticle 20(1), (2) of the Act.

Hazardous Substance type 2

Must be registered in order to comply with the Notification of Ministry of Industry Subject Registration of Industrial Hazardous substance A.D. 1995
Notification to the authority on the action taken for production, importing, exporting or having in possession in compliance with Notification of Department of Industrial Works Subject: Notice on Operation on Hazardous SubstanceType 2 in which are underresponsibility of the Department of Industrial works,A.D. 1995
Notification of quantity of production, importing, exporting and having in possession to the authority in accordance with Notification of Industry Ministry Subject: Criteria for the notification of facts by producer, importer, exporter, and possessor of hazardous substance which falls within the responsibility of the Department of Industrial works
All actions must be taken in compliance with the announcements of Industry Minister issued under Article 20(1), (2) of the Act.

Hazardous Substance Type 3

Must be registered in order to comply with the Notificationof Ministry of Industry Subject Registration of Industrial Hazardous substance A.D. 1995
Submit application of a license to produce, import or to possess such a hazardous substance in accordance with Ministerial Regulation (A.D. 1994)
Notification of quantity of production, importing, exporting and having in possession to the authority in accordance with Notification of Industry Ministry Subject: Criteriafor the notification of facts by producer, importer, exporter, andpossessor of hazardous substance which falls within the responsibilityof the Department of Industrial works
All actions must be taken in compliance with the announcements of Industry Minister issued under Article 20(1), (2) of the Act.

Hazardous Substance Type 4

Production, import, export and having inpossession by anyone is absolutely prohibited.

3. The current total number of hazardous substances included in the list of hazardous substances according to the Notifications of Industry Ministry A.D. 1995. (as of October 31,2000)

	The total number of hazardous substances (type 1, 2, 3 and 4) = 1,498
	The total number of hazardous substances (type 1, 2, 3 and 4) under the responsibility of theDepartment of Industrial Works = 523
	The total number of hazardous substances (type 1,2, 3 and 4) under the responsibility of the Department of Agriculture = 661
	The total number of hazardous substances (type 1,2,3 and 4) under the responsibility of the Department of Fishery = 21
	The total number of hazardous substances (type 1,2,3 and 4) under the responsibility of the Administration of Food and Drug = 225
	The total number of hazardous substances (type 1,2,3 and 4) under the responsibility of the Livestock Department = 36
	Energy Business Department = 2

Hazardous substances controlled by Industrial Works Department

Hazardous substance type 1 = 114
Hazardous substance type 2 = 29
Hazardous substance type 3 = 310
Hazardous substance type 4 = 70

Total = 523

Hazardous substances controlled by the Department of Agriculture

Hazardous substance type 1 = 1
Hazardous substance type 2 = 17
Hazardous substance type 3 = 541
Hazardous substance type 4 = 102

Total = 661

Hazardous substances controlled by the Department of Fishery

Hazardous substance type 1 = 3
Hazardous substance type 2 = 2
Hazardous substance type 3 = 13
Hazardous substance type 4 = 3

Total = 21

Hazardous substances controlled by the Administration of Food and Drug

Hazardous substance type 1 = 9
Hazardous substance type 2 = 28
Hazardous substance type 3 = 104
Hazardous substance type 4 = 117

Total = 255

Hazardous substances controlled by the Department of Public Works

Hazardous substance type 1 = 2
Hazardous substance type 2 = 3
Hazardous substance type 3 = 31
Hazardous substance type 4 = -

Total = 36

4. Criteria for the classification of hazardous substances into types. Hazardous substances are classified by the considerations of the following 4 important factors

Toxicological data and dangerous property of substance such as acute effect, chronic effect, LD₅₀value, carcinoginicity, inflammable and explosive property
Obligations under the applicable international conventions and covenants. For instance, CFCs are classified as hazardous substances type 3 according to the Montreol Protocol. Some hazardous wastes and chemical weapons are classified according to the Basal Convention and the Convention on the Prohibition of theDevelopment, Production, Stockpiling and Use of Chemical weapons and on their Destruction respectively.
In case that some hazardous substances are necessary to be used as raw materials in domestic industry that they cannot be substituted by other substances having less toxic or hazardous property , those substances may beclassified on temporary basis as type 3 with some additional strict safety measures
In case that some hazardous substances are necessary to be controlled but are not covered by any other acts or laws, the Hazardous Substance Act, A.D. 1992 shall apply.

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(English Translation)

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