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When looking closely at any proposed packaging changes, it may be useful to keep in mind that all solutions can be ranked on a series of continuums.
These could concern, for example, end of life issues …

(Most preferable) reusable reduced and optimized with recycled content recycled / composted recyclable / compostable

(Least Preferable) disposable

or processing factors related to raw materials, energy, transportation, and so on…

(Most preferable) mini-mill regional materials and energy perennial organic / third-party certified industrial ecology massive-scale

(Least preferable) global industrial

There have been very few environmental criminal prosecutions pursued or penalties imposed.
Current penal laws have had minimal deterrent effect. With the increasing awareness of
environmental problems and increasing attention to environmental laws, it is reasonable to expect
more attention to enforcement and heavier punishment for violators in the future.

Source : 2008-2009 Tilleke & Gibbins International Ltd.

Thailand has been a party to the Convention on International Trade in Endangered Species of
Wild Flora and Fauna (CITES) since 1973. Three departments are assigned by the Thai Ministry of
Agriculture and Cooperatives to cooperate with the CITES Secretariat. The Royal Forestry
Department is in charge of wild animals, the Department of Fisheries oversees marine life, and the
Department of Agriculture is responsible for wild flora, as the treaty does not prohibit trade in plants
that are artificially propagated.
In early 1992, the Wild Animal Preservation and Protection Act B.E. 2503 (A.D. 1960) and NEC
Decree No. 228 B.E. 2515 (A.D. 1972) were repealed by the Wild Animal Preservation and Protection
Act B.E. 2535 (A.D. 1992). The latter Act restricts and regulates the hunting, breeding, and trading of
wild animals, and establishes a National Committee on Wild Animal Preservation and Protection.
Permits issued by the Forestry Department are now required for the hunting, breeding, and trading
of protected animals. There are severe penalties for violations of this Act.
Also in early 1992, the Plant Species Act (No. 2) B.E. 2535 (A.D. 1992), amending the Plant Act B.E.
2518 (A.D. 1975), was passed, providing for protection of certain species of wild flora. In mid-2007,
the Plant Species Act was amended again by the Plant Species Act (No. 3) B.E. 2550 (A.D. 2007),
which lays out the qualifications of an applicant for a license to sell, import, or export controlled
seeds for trade. In July 1993, the Department of Agriculture (DA) issued a regulation listing 157 wild
plant species to be protected by trade prohibitions or regulations. Importers, exporters, and re-
exporters of the conserved plants have to get permits from the DA and pay a THB 100 fee for each
shipment. Those wishing to artificially propagate conserved plants for sale will have to register their
nurseries with the DA.

Source : 2008-2009 Tilleke & Gibbins International Ltd.

Quite a few laws and administrative agencies are responsible for toxic substances, pollution
control, and hazardous waste disposal. Two of the most important statutes are detailed below.
Following a series of headline-grabbing disasters in Thailand resulting from the improper or
inadequate handling of hazardous materials—including two incidents involving toxic chemicals at
the Klong Toey Port of Bangkok that caught fire; a truck loaded with explosives that exploded and
wiped out a roadside village; and an LPG tanker that overturned, leaked gas, and exploded on a
Bangkok thoroughfare, resulting in a fire that killed close to 100 people—the Hazardous Substances
Act was passed in B.E. 2535 (A.D. 1992).
The Hazardous Substances Act B.E. 2535 (A.D. 1992), as amended by the Hazardous Substances
Act (No. 2) B.E. 2544 (A.D. 2001) and (No. 3) B.E. 2551 (A.D. 2008)—replacing the old Poisonous
Substances Acts of 1967 and 1973—controls the import, export, production, storage, transport,
possession, sale, and use of dangerous substances defined as explosive, inflammable, oxidized and
peroxided, poisonous, infectious, radioactive, mutant, corrosive, irritable, and others, such as
chemicals which pose a threat to human and animal life or property. Penalties have been increased
to fines of up to THB 1 million and imprisonment of up to ten years. The Ministries of Agriculture,
Industry, Finance, Public Health, Interior, Education, Science, Technology, and Environment and the
Office of the Prime Minister jointly control substances used in agriculture, industry, and public
health. The various ministries are responsible for setting regulations and considering applications for
the right to import, export, or manufacture chemicals deemed dangerous.
The Land Transport Department announced on November 30, 1992, that it will require truck
drivers who transport hazardous cargo, such as petrol and gas, to obtain a license before they are
allowed to work. Drivers will be trained in handling dangerous cargo, and the educational
background of those who apply for a new license will be considered. The Public Works Department
has set regulations for petrol and gas companies to improve road safety, which are the Notification
of the Ministry of Industry re: Land Transport of Hazardous Substances B.E. 2546 (A.D. 2003) and the
Notification of the Resolution of the Hazardous Substances Committee re: Land Transport of
Hazardous Substances B.E. 2545 (A.D. 2002).
The Interior Ministry is being urged to introduce legislation requiring private firms that produce
or store poisonous chemicals, petrol, gas, and acid to have insurance coverage. The government’s
Insurance Department claims insurance is needed to reduce operators’ burden when accidents occur. At present, there are no laws requiring insurance coverage on the production and storage of
these hazardous substances, although insurance coverage is required for the transportation of
hazardous products. This regulation is often flouted by operators who carry hazardous substances in
a slipshod way.
Market indicators suggest that services and products related to the collection, transport,
specialized treatment, and disposal of hazardous wastes, and the handling of hazardous substances,
will be in increasingly strong demand in Thailand. The whole hazardous waste sector promises to be
Thailand’s next big environmental market after industrial wastewater.
The Factories Act B.E. 2535 (A.D. 1992) provides the Ministry of Industry (MOI) with the power to
establish and oversee factory operations. While the Act allows the MOI to issue regulations setting
limits on discharges of air pollutants, effluents, or wastes from factories, and allows for occupational
health and safety standards for the workplace, a loophole exists exempting government-owned
factories from compliance.
Pursuant to the Hazardous Substances Act B.E. 2535 (A.D. 1992), the MOI established the
Hazardous Substances Control Bureau to manage hazardous substance matters.
Where there are no specific laws already in existence, the Enhancement and Conservation of
National Environmental Quality Act B.E. 2535 (A.D. 1992) authorizes the Ministry of Science,
Technology, and Environment to issue regulations to control hazardous wastes.

Source : 2008-2009 Tilleke & Gibbins International Ltd.

Quite a few laws and administrative agencies are responsible for toxic substances, pollution
control, and hazardous waste disposal. Two of the most important statutes are detailed below.
Following a series of headline-grabbing disasters in Thailand resulting from the improper or
inadequate handling of hazardous materials—including two incidents involving toxic chemicals at
the Klong Toey Port of Bangkok that caught fire; a truck loaded with explosives that exploded and
wiped out a roadside village; and an LPG tanker that overturned, leaked gas, and exploded on a
Bangkok thoroughfare, resulting in a fire that killed close to 100 people—the Hazardous Substances
Act was passed in B.E. 2535 (A.D. 1992).
The Hazardous Substances Act B.E. 2535 (A.D. 1992), as amended by the Hazardous Substances
Act (No. 2) B.E. 2544 (A.D. 2001) and (No. 3) B.E. 2551 (A.D. 2008)—replacing the old Poisonous
Substances Acts of 1967 and 1973—controls the import, export, production, storage, transport,
possession, sale, and use of dangerous substances defined as explosive, inflammable, oxidized and
peroxided, poisonous, infectious, radioactive, mutant, corrosive, irritable, and others, such as
chemicals which pose a threat to human and animal life or property. Penalties have been increased
to fines of up to THB 1 million and imprisonment of up to ten years. The Ministries of Agriculture,
Industry, Finance, Public Health, Interior, Education, Science, Technology, and Environment and the
Office of the Prime Minister jointly control substances used in agriculture, industry, and public
health. The various ministries are responsible for setting regulations and considering applications for
the right to import, export, or manufacture chemicals deemed dangerous.
The Land Transport Department announced on November 30, 1992, that it will require truck
drivers who transport hazardous cargo, such as petrol and gas, to obtain a license before they are
allowed to work. Drivers will be trained in handling dangerous cargo, and the educational
background of those who apply for a new license will be considered. The Public Works Department
has set regulations for petrol and gas companies to improve road safety, which are the Notification
of the Ministry of Industry re: Land Transport of Hazardous Substances B.E. 2546 (A.D. 2003) and the
Notification of the Resolution of the Hazardous Substances Committee re: Land Transport of
Hazardous Substances B.E. 2545 (A.D. 2002).
The Interior Ministry is being urged to introduce legislation requiring private firms that produce
or store poisonous chemicals, petrol, gas, and acid to have insurance coverage. The government’s
Insurance Department claims insurance is needed to reduce operators’ burden when accidents occur. At present, there are no laws requiring insurance coverage on the production and storage of
these hazardous substances, although insurance coverage is required for the transportation of
hazardous products. This regulation is often flouted by operators who carry hazardous substances in
a slipshod way.
Market indicators suggest that services and products related to the collection, transport,
specialized treatment, and disposal of hazardous wastes, and the handling of hazardous substances,
will be in increasingly strong demand in Thailand. The whole hazardous waste sector promises to be
Thailand’s next big environmental market after industrial wastewater.
The Factories Act B.E. 2535 (A.D. 1992) provides the Ministry of Industry (MOI) with the power to
establish and oversee factory operations. While the Act allows the MOI to issue regulations setting
limits on discharges of air pollutants, effluents, or wastes from factories, and allows for occupational
health and safety standards for the workplace, a loophole exists exempting government-owned
factories from compliance.
Pursuant to the Hazardous Substances Act B.E. 2535 (A.D. 1992), the MOI established the
Hazardous Substances Control Bureau to manage hazardous substance matters.
Where there are no specific laws already in existence, the Enhancement and Conservation of
National Environmental Quality Act B.E. 2535 (A.D. 1992) authorizes the Ministry of Science,
Technology, and Environment to issue regulations to control hazardous wastes.

Source : 2008-2009 Tilleke & Gibbins International Ltd.

Solid waste management comes under the Public Health Act B.E. 2535 (A.D. 1992), which
designates local administrators as being fully responsible for developing, operating, and enforcing
regulations regarding solid waste disposal. The Public Health Act requires that local communities
must provide receptacles as needed, provide collection and disposal of solid waste, and collect fees.
Violation of this Act is subject to a fine of up to THB 5,000 per offense. There are also rubbish
disposal provisions under the Act for the Cleanliness and Orderliness of the Country B.E. 2535 (A.D.
1992) and ministerial regulations under the Building Control Act B.E. 2522 (A.D. 1979).

Source : 2008-2009 Tilleke & Gibbins International Ltd.

Noise pollution caused by motor vehicles is regulated by the Announcement of the National
Executive Council No. 16 B.E. 2514 (A.D. 1971), which prohibits the use of automobiles, motorcycles,
or motorboats that produce noise levels deemed dangerous.
Standards for acceptable noise levels of automobiles and motorcycles and methods for
inspection are specified under the Notification of the Ministry of Natural Resources and Environment
Re Noise Levels of Motor Cars dated 7 July B.E. 2546 (A.D. 2003), issued under Section 55 of the
Enhancement and Conservation of National Environmental Quality Act B.E. 2535 (A.D. 1992).
The Notification of the Harbor Department No. 177 B.E. 2527 (A.D. 1984), issued under the
authority of the Announcement of the National Executive Council No. 16 B.E. 2514 (A.D. 1971), sets
standards for acceptable noise levels of motorboats.
Regulations and notifications issued under the Factories Act B.E. 2535 (A.D. 1992) are the major
laws controlling noise pollution from factories. In addition, the Ministerial Regulation on Prescribing
Standards for Administration and Management of Occupational Safety, Health, and Environment in
Relation to Heat, Light, and Noise B.E. 2549 (A.D. 2006), issued under Sections 6 and 103 of the
Labour Protection Act B.E. 2541 (A.D. 1998), also addresses the issue of noise pollution.

Source : 2008-2009 Tilleke & Gibbins International Ltd.

The Public Health Act B.E. 2535 (A.D. 1992)

permits local authorities to issue by-laws that cover
subjects ranging from the disposal of rubbish and dirt to the control of operations by a commercial
entity that may have an effect on an individual’s health. Violation of this Act can result in fines.  The Enhancement and Conservation of National

Environmental Quality Act B.E. 2535 (A.D. 1992)
empowers the Ministry of Science, Technology, and Environment to issue emission or effluent
standards for the control of wastewater discharge and the discharge of wastes into public waters.
The Cabinet has assigned certain areas, currently some districts in Ayuthaya and Pathum Thani
provinces, to be reserved as sources of water by the Metropolitan Waterworks Authority. Factories
cannot be set up or expanded in these areas if they discharge wastewater containing heavy metals
or poisonous substances used in agriculture, or other chemicals such as PCBs, cyanide, arsenic, and
phenol. It is forbidden to set up and expand factories in areas reserved for water supply. The only
exceptions are factories which release wastewater with a biochemical oxygen demand of less than
one kilogram per day or those which are set up in Navanakorn Industrial Estates I and II.
The Act for the Cleanliness and Orderliness of the Country B.E. 2535 (A.D. 1992) regulates and
controls offenses to the environment deemed dangerous or unsightly. The Act specifically prohibits
the dumping of waste and waste byproducts into bodies of water.
Under the Building Control Act B.E. 2522 (A.D. 1979), as amended by Building Control Act (No. 2)
B.E. 2535 (A.D. 1992), (No. 3) B.E. 2543 (A.D. 2000), and (No. 4) B.E. 2550 (A.D. 2007), local
authorities are permitted to establish rules and guidelines as to the number and type of toilets a
building should have as well as to request that certain infrastructure be provided for storm and
wastewater drainage.
Ministerial notifications and regulations issued under the Factories Act B.E. 2512 (A.D. 1969)
control the level of effluent discharged by factories and restrict concentration levels of chemical
and/or metal pollutants to defined parameters.
The Navigation in Thai Waters Act B.E. 2456 (A.D. 1913) bans the discharge of pollutants and
substances harmful to any water source. Permission to dump anything from stones to chemical
products into canals, rivers, lakes, or ocean bodies must be obtained from the Harbor Department.

Source : 2008-2009 Tilleke & Gibbins International Ltd.

Thailand is one of the 194 signatories of the Montreal Protocol, enforced in Thailand in 1989.
Although the government’s policy of freezing imports of ozone-depleting substances, such as CFCs,
at 1991 levels is working to a certain extent when compared to similar countries, imports and local
consumption of these substances are still very high, more than triple 1989 consumption levels.
Thailand’s domestic users of ozone-depleting substances are the electronics and printed circuit
board industries, refrigerator and air conditioner manufacturers, and a host of other affiliated
sectors, as well as end consumers needing to refill mobile air cooling units.
The Thai government has acknowledged the importance of rapidly reducing the use of CFCs and
has commissioned a country-wide study setting out strategies for a plan of action. However, getting
industry’s compliance is expected to be difficult and will require the government to take a firm stand
through regulation. By virtue of the Notification of the Ministry of Industry Re: Prescribing the
Quantity for Importation of CFC dated 31 December B.E. 2546 (A.D. 2003), the Industrial Works
Department prescribes the quantity for importation of CFC from 2003 to 2010.
Announcement of the National Executive Council No. 16 B.E. 2514 (A.D. 1971) regulates air
pollution caused by motorboats which discharge dangerous smoke. Those convicted of violating the
law are subject to a fine of THB 200. At the discretion of the police, the offending motorboat may be
taken into custody.

The Land Traffic Act B.E. 2522 (A.D. 1979), as amended by the Land Traffic Act No. 8 B.E. 2551
(A.D. 2008), prohibits using automobiles and motorcycles which discharge smoke, dust, or noise
exceeding the prescribed basis. Those convicted of violating the law are subject to a fine of not more
than THB 1,000.

The Land Transport Act B.E. 2522 (A.D. 1979), as amended by the Land Transport Act No. 11 B.E.
2550 (A.D. 2007), determines that vehicles used in transport must be adequately powered and
correctly fitted with equipment and components as prescribed in Ministerial Regulations. Those
convicted of violating the law are subject to a fine of not more than THB 50,000.
The Notice of the Kingdom’s Traffic Officer, issued in 1990 under the authority of the
Announcement of the National Executive Council No. 16 B.E. 2514 (A.D. 1971), prescribes standards
with regard to dangerous smoke and carbon monoxide discharged from automobiles and
motorcycles, while the Notification of the Harbor Department No. 177 B.E. 2527 (A.D. 1984), issued
under the authority of the Announcement of the National Executive Council No. 16 B.E. 2514 (A.D.
1971), prescribes standards with regard to dangerous smoke discharged from motorboats.
New standards and methods for measuring the smoke from automobiles are prescribed under
the Notification of the Ministry of Science, Technology, and Environment dated June 17, 1997,
issued under Section 55 of the Enhancement and Conservation of National Environmental Quality
Act B.E. 2535 (A.D. 1992).Notification of the National Environment Board No. 10 dated April 17, 1995, in addition to
regulating air pollution discharged from motor vehicles, defines standards of air quality. It specifies
maximum standards for various pollutants, such as carbon monoxide, nitrogen dioxide, and sulfur
dioxide. The methods for measuring air quality in the atmosphere are prescribed by the Notification
of the National Environment Board No. 10, the Notification of the Pollution Control Department
dated June 26, 2007, and the Notification of the National Environment Board No. 30 dated
September 14, 2007.
The Factories Act B.E. 2535 (A.D. 1992), including certain regulations and notifications issued
under the 1969 Factories Act, is the principal law controlling air pollution by factories. In addition to
providing penalties for a company operating a factory in violation of stipulated requirements, the
company’s directors, managers, and operators of the factory may also be individually liable for
damages and criminal violations, unless they can prove they did not have knowledge of the acts
related to air pollution.
Although the Enhancement and Conservation of National Environmental Quality Acts of 1975,
1978, and 1979 and the Factories Act of 1969 were technically repealed and replaced by the 1992
Acts, the various ministerial regulations and notifications issued under those earlier Acts (which are
a primary source of environmental controls) were not repealed by the new Acts. The regulations and
notifications continue in full force until specifically repealed by new regulations.
Other laws related to air pollution caused by sources other than motor vehicles and factories are
the Public Health Act B.E. 2535 (A.D. 1992), as amended by the Public Health Act (No. 2) B.E. 2550
(A.D. 2007), which contains general provisions with regard to preserving the environment, together
with the notifications issued thereunder.
Sections 420, 421, and 1337 of the Civil and Commercial Code and Section 396 of the Penal Code
also apply here.
Additionally, in October 1991, under the policy of the Ministry of Industry, a notification was
issued by the Ministry of Industry to reduce air pollution caused by automobiles manufactured in
Thailand as follows:
• From January 1, 1993, gasoline engine automobiles over 1599 cc assembled in Thailand must
have a catalytic converter exhaust emission control system.
• From September 1, 1993, in order for engines to be compatible with the required unleaded
gasoline, every locally assembled automobile, including those under 1600 cc, must possess a
catalytic converter exhaust emission control system.
In relation to industrial emissions, the Department of Industrial Works (DIW), operating under
the Ministry of Industry, is mandated to monitor and enforce standards on industrial operations.
DIW has the authority to revoke a factory’s operating license if the standards set are not being
followed.
Emission guidelines for polluting substances and their effects can be provided by DIW for all
industries.

Source : 2008-2009 Tilleke & Gibbins International Ltd.

The Office of the National Environment Board has set emission standards for oil refineries,
cement, iron smelting, and steel rolling plants. In addition, the Ministry of Industry has set
requirements for the mandatory use of electronic devices in locally produced automobiles to help
reduce air pollution.

While there are established emission standards for motor vehicles that limit carbon monoxide
(CO) emission when the vehicle is idle and restrict smoke concentration to meet air pollution control
standards, the enforcement of these target levels has been inadequate and irregular. As a result,
existing air pollution levels and CO emissions in Bangkok are regularly higher than the prescribed
safety levels. Studies of Bangkok traffic police personnel show a remarkably high incidence of
respiratory ailments. In 1991 the government also introduced the use of unleaded gasoline. This was one of the first
steps taken by the government to reduce the high level of pollution. Leaded gasoline was banned in
1996.

It is questionable whether the situation will rapidly improve, even with new engine designs and
increased technology. Future reductions in vehicle lead emissions could improve, as catalytic
converters become compulsory in Thailand. However, current air quality conditions will continue to
deteriorate until there is strict enforcement of, and total commitment to, environmental laws.

Source : 2008-2009 Tilleke & Gibbins International Ltd.