BSA Law Helping Farmers and Consumers Gain an Organic Understanding of New Herbal Law

The Thai Industry Ministry recently listed 13 herbs as hazardous substances, requiring parties interested in the growing, producing, importing and exporting of the substances to comply with quality control and safety regulations. Some media headlines have caused confusion for farmers and ordinary citizens alike - BSA Law explains the implications of the new Thai law. End Quote

(1888PressRelease) April 28, 2009 - New Thai laws governing the use of 13 different medicinal plants grown, produced, imported and exported as herbicides has caused both controversy and confusion among farmers and consumers alike.

Effective February 3, the Thai government introduced controls on the growers, producers, importers and exporters of substances to be used in plant disease control, and as herbicides and pesticides, comprised of the following plants:
• Neem
• Citronella Grass
• Turmeric
• Ginger
• Chinese ginger
• African Marigold
• Siam Weed
• Tea seed cake
• Chili
• Chinese Celery
• Ringworm bush
• Glory lily
• Stemona

A special adviser at BSA Law has seen confusion among people using the herbs in cooking, as well in farmers and the general public. "Under the Hazardous Substances Act 1992, to 'produce' a hazardous substance means to alter, mix or modify as well as grow or culture one of the substances on the list.

"We've had people concerned that if they use the herbs in cooking or traditional medicine, they will be contravening the law. While the letter of the law can be interpreted that way, we would never expect a court to rule that a restaurateur broke the law by using these herbs in cooking.

"The law controls the use of these substances in pesticides, herbicides and plant disease control substances, and that is all", He finished.

While there has been controversy over the new law, which some farmers say is intended to benefit chemical pesticide and herbicide manufacturers, Our adviser believes the controls are simply good government. "Where a substance is being sold commercially and used by consumers, who are farmers in this case, there should be some form of production standard adhered to".

Section 45 of the Hazardous Substances law is the section which assures the quality of these organic pesticides, and states: "No person shall be allowed to produce, import, export or have in their possession… (1) Fake hazardous substance. (2) Sub-standard hazardous substance. (3) Hazardous substance of deteriorating quality. (4) Hazardous substance that must be registered but has not been registered. (5) Hazardous substance of which its register is revoked."

About BSA Law:

For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. BSA Law seeks to provide international standards of legal services while retaining the customs of the Thai business culture.

For more information please contact:

Jim Byrne
Business Advisor, BSA Law.
Email: jim ( @ ) bsalaw dot co.th

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