Thailand Regulatory News

On 12 March 2023 Thailand's Food and Drug Administration (FDA) has announced plans to outlaw the use of 13 per- and polyfluoroalkyl substances (PFASs) despite the fact that none of the 13 substanc...

On 12 March 2023 Thailand's Food and Drug Administration (FDA) has announced plans to outlaw the use of 13 per- and polyfluoroalkyl substances (PFASs) despite the fact that none of the 13 substances are currently used in cosmetics products in Thailand.

The FDA proclaimed in a draft gazette notification (B.E. 2566–2023) that the country's Cosmetics Committee had authorised the intervention. The FDA asserted that after gazing over cosmetics that that had been registered as being manufactured and imported for sale in Thailand, it unearthed and none of them contained the components noted below. Before releasing a final version, the Authority needs authorization from the Minister of Public Health.

The 13 per- and polyfluoroalkyl substances listed in the draft are:

1. Perfluorooctane sulfonate (PFOS)

2. Potassium perfluorooctanesulfonate (potassium heptadecafluorooctane-1 -sulfonate)

3. Diethanolamine perfluorooctane sulfonate

4. ammonium perfluorooctane sulfonate (ammonium heptadecafluorooctanesulfonate)

5. Lithium perfluorooctane sulfonate (lithium heptadecafluorooctanesulfonate)

6. Perfluorooctanoic acid (PFOA)

7. Ammonium pentadecafluorooctanoate

8. Nonadecafluorodecanoic acid

9. Ammonium nonadecafluorodecanoate

10. Sodium nonadecafluorodecanoate

11. Perfluorononanoic acid (PFNA)

12. Sodium heptadecafluorononanoate

13. Ammonium perfluorononanoate 

As required under the Hazardous Substance Act B.E. 2535 (1992), the Ministry of Industry of Thailand's Department of Industrial Works opened the first draft notification for the public hearing pro...

As required under the Hazardous Substance Act B.E. 2535 (1992), the Ministry of Industry of Thailand's Department of Industrial Works opened the first draft notification for the public hearing procedure on 20 May  2021. It has perfluorooctanoic acid (PFOA) included as part of the primary revision. On 3 May 2019, more than 180 nations decided to prohibit the manufacturing and use of PFOA, its salts, and PFOA-related chemicals at the international Stockholm Convention on Persistent Organic Pollutants (POPs) 

However, as unintended trace contamination is possible, to calculate this the Department of Industrial Works evaluates European Union Regulation (1019/1021) 

 The draft specifies the following exemptions under Type 4 (banned chemicals):

In the manufacturing of fluoropolymers, PFOA (a synthetic perfluorochemical) is produced as a byproduct. A class of substances known as perfluorochemicals (PFCs) is used to create fluoropolymer coatings and goods that withstand heat, oil, stains, grease, and water. For instance, PFOA was used in the manufacture of polytetrafluoroethylene (PFTE) better known as Teflon. People are most likely exposed to PFOA through the consumption of tainted water and perhaps through the use of PFOA-containing items. Compared to the general population, perfluorochemical industry workers may be exposed to higher levels of PFOA. 

Other PFOA-related chemicals on Thailand's List No. 5.1(Hazardous Substance Act's Annex 5) now have different classifications: Substances 523-533 are now Type 3 hazardous substances when certain conditions or exemptions apply, while Substances 534-541 are now Type 4 hazardous substances when such conditions or exemptions are not present, such as when the concentration is below 0.0000025% w/w. Industrial chemicals, chemical waste, discarded electrical and electronic equipment, and chemical weapons convention chemicals are all regulated by Annex 5. 

In addition, the first draft notification has two additional compounds with more accurate classifications: 

The classification of benzyl cyanide (Cas RN 140-29-4) has been changed from Type 1 (hazardous substance) to Type 3. Triethanolamine (Cas RN 102-71-6), which is already a Type 3 substance, has also had a threshold limit of > 30% w/w applied in accordance with list 3B (precursors) annexed to the Chemical Weapons Convention. 

In Thailand, the Ministry of Industry (MOI) is a cabinet ministry responsible for promoting and regulating industries. To ensure consumer safety, and safeguard human health, Thailand has published Tha...

In Thailand, the Ministry of Industry (MOI) is a cabinet ministry responsible for promoting and regulating industries. To ensure consumer safety, and safeguard human health, Thailand has published Thai Industrial Standard (TIS) 2622-2556 (2013) that will restrict the amount of lead and cadmium in fluoropolymer coatings for metal utensils used for cooking with heat. The standard will enter into force on 2^nd April 2023.

The standard only applies to utensils formed from a metal substrate where the side in direct contact with food is coated with a fluoropolymer and is to be used for cooking with heat. Cooking utensils and electric appliances that cook with electrical heating are excluded. The Fluoropolymer coated utensils in contact with food must comply with the Thai Industrial Standard (TIS) 2622-2556 (2013) (Fluoropolymer-coated utensils in contact with food), that outlines the migration limits for lead, cadmium, and certain volatile substances which must not exceed 100mg/kg.

The specifications also list the utensils’ coating materials, including polytetrafluoroethylene, tetrafluoroethylene/hexafluoropropylene, and perfluoro-alkoxyalkane. Furthermore, the standard TIS 656 must also be used to test leachable chemicals for heavy metals and substances that react with potassium permanganate.

In addition, the notification also specifies the requirements related to limitations on container evaporation, packaging and product labeling, properties of the surface, the hardness of the coating, and abrasion resistance.

On 1 June 2022 the Thailand Ministry of Public Health (MOPH) published a notification regarding Quality or Standard of Plastic Containers in the Royal Gazette. The notification was previously announc...

On 1 June 2022 the Thailand Ministry of Public Health (MOPH) published a notification regarding Quality or Standard of Plastic Containers in the Royal Gazette. The notification was previously announced in G/SPS/N/THA/484 on 27 January 2022. The notification has been effective since the day after its publication in the Government Gazette which was 18 June 2022 and the previous Notification (No. 295) B.E. 2548 (2005) on the Determination of Quality or Standards of Plastic Containers (dated 30 December 2005) was repealed.

The new standards, which entered into force include definitions, general safety requirements, quality standards for food packaging made from recycled plastic, as well as labelling and other requirements.

This addendum deals with:

• Modification of final date for comments
• Withdrawal of proposed regulation
• Modification of content and/or scope of previously notified draft regulation
• Change in proposed date of adoption, publication, or date of entry into force

In case the addendum extends the scope of the previously notified measure in terms of products and/or potentially affected members, a new deadline for receipt of comments should be provided, normally of at least 60 calendar days.

The Hazardous Substance Act B.E. 2535 was issued in 1992 and is the most important chemical control law in Thailand. The purpose of this Act is to regulate the importation, production, marketing, and ...

The Hazardous Substance Act B.E. 2535 was issued in 1992 and is the most important chemical control law in Thailand. The purpose of this Act is to regulate the importation, production, marketing, and possession of all hazardous chemicals (including industrial chemicals, pesticides and biocides) used in Thailand. The Department of Agriculture (DOA) takes responsibility for the control of fertilizer products for manufacturing, sale, importation, exportation, and transit.  

In Thailand, adjuvants and soil amendments do not require registration as these are not classified as fertilizers or as hazardous substances according to the Hazardous Substance Act. Adjuvants and Soil amendments are currently regulated under the Consumer Protection Act B.E. 2522 and amendment (No. 2) B.E. 2541.  

The Consumer Protection Act prescribes the requirements of adjuvant and soil amendment products. In order to protect consumer rights, it is important to designate adjuvants and soil amendments as label-controlled products. Thus, it is important to have appropriate elements and information on the product label as provided by the Notification. This Notification shall come into force after completion of four months from the date of its publication in the Government Gazette. 

If you have further quires regarding Thai Regulations please contact GPC via compliance@gpcregulatory.com. For more information regarding our services kindly visit our site https://www.gpcgateway.com. 

Thailand published some new requirements regarding Food Contact Materials (FCMs) which will enter into force on January 3, 2023. The Thai Industrial Standards Institute (TISI) published these five man...

Thailand published some new requirements regarding Food Contact Materials (FCMs) which will enter into force on January 3, 2023. The Thai Industrial Standards Institute (TISI) published these five mandatory standards in the Royal Gazette on April 8, 2022 to  replace some previous voluntary standards as described below:

• Plastic utensils for food part 1 – polyethylene, polpropylene, polystyrene, poly (ethlene terephthalate), poly (vinyl alcohol) and poly (methyl pentene) – TIS 655 Part 1-2553 (2010) 
• Plastic utensils for food part 2 – poly (vinyl chloride) polycarbonate polyamide and poly (methylmethacrylate) – TIS 655 Part 2-2554 (2011) 
• Plastic utensils for food part 3 – acrylonitrile-butadiene-styrene and styrene-acrylonitrile – TIS 655 part 3-2554 (2011) 
• Plastic food containers for microwave oven part 1 – for reheating – TIS 2493 Part 1-2554 (2011) and 
• Plastic food containers for microwave part 2 – for single reheating –TIS 2493 Part 2-2556 (2013). 

Details on the types of plastics permitted in the FCMs utensils and containers are provided in all five standards, and they have as well specified migration limits for ingredients used. The date of entry is the deadline for concerned companies to ensure the products’ compliance with the new standards. A product conformity assessment process is necessary, after which the conformity mark shall be placed on labels and packaging, once certified.

Without a conformity mark, the products will be banned from the market introduction and/or importation to Thailand. Fabricated marks – namely, products with marks without a legally approved conformity assessment are considered non-compliant and liable to penalties.

The Thailand Department of Industrial works and Ministry of Industry Recently published a notification, in the Royal Gazette on 11 April 2022.  This notification is referred to as “Notification of ...

The Thailand Department of Industrial works and Ministry of Industry Recently published a notification, in the Royal Gazette on 11 April 2022.  This notification is referred to as “Notification of Department of Industrial works regarding criteria and Method for Registration and Notification of Specialized Person Responsible for Safety Storage of Hazardous Substance under Authorization Of Department of Industrial Works and Reporting of Safety Storage of Hazardous Substance B.E 2565 (2022)”. It prescribes responsibilities of the hazardous substance storage facility and the qualified licensed person responsible for safety. This notification shall enter into force on 1 May 2022.

The new set of appendices consist of the following;

A report of hazardous chemicals’ safe storage is to be submitted by the Hazardous Substance entrepreneurs using the BorChor.6 form annually for the period of a calendar year. The submission is expected by 31 March next year via an online system of the Department of Industrial Works. However, in 2022, entrepreneurs are allowed to submit the annual report by 31 August 2022 as part of the transition measures.