Legal Measures for Controlling Chemical Substances in Agriculture

Abstract

The objective of this research is: (1) to study the meaning, concepts, and development of laws related to the control of chemical substances in agriculture (2) to study legal measures related to the control of chemical substances in agriculture, and (3) to study legal issues related to the control of chemical substances in agriculture that have various impacts. As a result, these to propose legal recommendation for the control of chemical substances in agriculture in the future.

In this research, the researcher employed documentary research method to compare Thailand with the European Union, the United States, Canada, Australia, and Japan on various issues according to the objectives of the research. The researcher made the following findings:

The law related to registration of chemical substance in Thailand are in line with those of the European Union, the United States, Canada, Australia, and Japan. However, Thailand should make improvements to its laws by requiring the appointment of a "chemicals management representative" and implementing "shared data" in the registration of hazardous substances in Thailand. In addition, the validity period of registration certificates for hazardous substances should be set at 3 years and the criteria for renewing registration certificates should be standardized or even more stringent than when submitting the initial application.

In terms of production or importation, laws in Thailand are aligned with those of the European Union and Australia, but not aligned with the laws of the United States, Canada, and Japan. The researcher suggests that Thai laws should be revised to require permits for the production or importation of Type 2 and Type 3 hazardous substances, and that the controllers of production should be required to undergo training every 5 years according to the curriculum specified by the Department of Agriculture.

In relation to Labeling, laws in Thailand are aligned with the European Union, the United States, Canada, Australia, and Japan. However, Thailand should amend its laws to require hazardous substances of Type 1 to be labeled, and the label should include information on "quantity for each use". Additionally, the size of the label should be specified in terms of width and length, taking into consideration the packaging size.

In terms of the distribution of chemical substance, regulations in Thailand are aligned with the European Union and Australia, but not with the United States, Canada, and Japan. The researcher suggests that Thai laws should be revised to separate the process of applying for distribution permits from other processes, and that the application for distribution permits should be submitted at the provincial level to the Department of Agricultural Research and Development, Ministry of Agriculture and Cooperatives. The person authorized to sign the permit should be the provincial governor, and the controller of distribution should hold a bachelor's degree in an agricultural-related field and undergo training every 5 years as prescribed by the Department of Agricultural Research and Development.

In terms of use, the Thai laws is consistent with the European Union, the United States, Canada, Australia, and Japan. However, Thailand should improve and amend its laws by annually adjusting the Maximum Residue Limits (MRL) of agricultural products, and in cases where Thailand's trading partners do not cultivate certain vegetables or fruits, Thailand should aim to have the lowest Maximum Residue Limits (MRL). Negotiations should be conducted with trading partners to align their Maximum Residue Limits (MRL) with Thailand's. For the withdrawal of chemical substances, the Thai law is consistent with the European Union, the United States, Canada, Australia, and Japan. However, Thailand should improve and amend its laws by enacting additional provisions for withdrawal orders and should further require scientific confirmation of the danger to human beings, animals, plants, property, or the environment without normal preventive measures. This should be considered as part of the decision-making process.