Regulation on pesticide sale

Pesticide products sold and used in Thailand nowadays contained the most popular active ingredients those are glyphosate-isopropylammunium or paraquat dichloride which are classified as Category 3 of Hazardous Substance, their production, import, export or having them in possession required license granted by a competent official as stated in section 18 (3) and section 23 paragraph 1 and 2 of the Hazardous Substance Act of B.E. 2535. Therefore, in order to sell pesticides which contained Category 3 hazardous substances, a separate license to have them in possession is required. At present, there are various forms of pesticide sale in Thailand namely, agricultural cooperative stores, agricultural material stores, community retail stores, peddlers, direct sale representatives, company sale representatives, contract farming and middleman. Lack of proper regulation of these pesticide sales in one sector, among many, would lead to the excessive use of pesticide in Thailand which also causes impact to the health of human, animal and the environment. This study found that the sale of pesticide in stores in Thailand is underregulated. Nowadays pesticides are not only sold in stores but also in other places through sales representatives approaching pesticide end-users or farmers at household and farm level. Provisions on liability for damage and general duty of care of a person in possession of hazardous substance under the Hazardous Substance Act of B.E. 2535 are not sufficient to apply to the case of pesticide sales representatives. This form of pesticide sale is also considered “direct sale” as defined under section 3 of the Direct Sale and Direct Marketing Act of B.E. 2545 and should comply with such Act. Moreover, pesticide sale in the form of peddlers offering home delivery of pesticides by trucks to various communities is prohibited unless a license by the local competent official is obtained, according to the Public Health Act of B.E. 2535 (1992). This study recommended that the Minister of Agriculture and Cooperatives, with recommendation of the Hazardous Substances Committee, in accordance with section 20 (1)(1/1)(2) and section 23 paragraph 3 of the Hazardous Substance Act of B.E. 2535 (1992), should issue the Ministerial Notification to publish prescription of the sale of Category 3 hazardous substances in the responsible of the Department of Agriculture. The Direct Sale and Direct Marketing Act of B.E. 2545 should extend to cover the case of pesticide sales representatives. Last, pesticide peddlers can be regulated by local administrative authorities under the Public Health Act of B.E. 2535 (1992).