Legal Problems of Entrepreneurs and Businesses Pesticide Chemicals in Thailand

Abstract

This academic article aims to analyze the legal problems of Thai pesticide operators and business. The framework for analysis consists of the Hazardous Substance Act B.E. 2535, the Consumer Protection Act B.E. 2522, and the Enhancement and Conservation of the National Environmental Quality Act B.E. 2535.

The results of the analysis revealed that the laws governing Thai pesticide operators and businesses are not comprehensive and unclear in determining the date, month, year of production and expiration. In addition, the laws do not stipulate the deviation value of the active substance on how much the standard could be deviated from those required by law. And for the matter of advertising, there are still gaps in the law that has not yet provide for a ban on the advertising of “Unregistered” pesticides, does not require pre-advertising authorization like those provided for in China and Malaysia, and does not require specific control over the text used in the advertising of pesticides. There is also a problem of giving the power to set pollution control standards in areas where severe pollution problems exist that have reached a critical level and the National Environment Board has not yet been able to cancel such orders through the National Environmental Quality Promotion and Conservation Act. 2535 and establishing regulatory rules, regulations and the use of various measures to control and solve pollution problems in accordance with environmental quality standards.