Court Freezes Banned Herb List

Ruling also affects import of sulphur

The listing of 13 herbs as hazardous substances and delisting of sulphur as a safe import has run into a further hurdle after the Administrative Court found the announcement to be unlawful.

The court on Wednesday issued an injunction suspending the announcement on the listing of the herbs and delisting of sulphur from taking effect.

The announcement, signed by Charnchai Chairungruang, the Industry Minister, took effect on Feb 3.

The announcement covers the listing by the hazardous substances committee of natural pesticides made from 13 herbs as hazardous substances type 1. This means producers of locally-made natural pesticides must inform the Agriculture Ministry of their use.

It also involves the withdrawal of 23 toxic chemicals, including sulphur, from the hazardous substances list.

Udon Thani-based social commentator Somkid Homnet lodged a complaint against the Industry Minister, as chairman of the hazardous substances committee, and other committee members with the court on Feb 16.

Mr Somkid accused the committee of endorsing an announcement which violates the rights of farmers to use pesticides made from herbs.

He also said removing sulphur from the control list could be backdated to allow tyre manufacturers which imported sulphur illegally to avoid prosecution.

He petitioned the court to issue an injunction to revoke the announcement.

The court said the announcement lacked solid proof of the toxicity of plant-based pesticides to back the listing of the 13 herbal plants as hazardous.

It also ruled the announcement to remove sulphur was issued without due consideration of the possible impact of the decision on the environment and people's health.

The enforcement of the announcement would also be an extra burden on members of the public who would have to abide by the regulations on the use and commercialisation of the listed plants. The delisting of sulphur could also lead to environmental and health damage.

"The court views that the announcement is deemed to be unlawful," the court said. It ordered the announcement be put on hold.

Mr Somkid welcomed the court's decision but said he would continue the fight by asking the court to extend the injunction order to cover the whole announcement.

"The injunction only covers the removal of sulphur from the list and the listing of plant-based pesticides as hazardous," he said. "But there are other toxic substances that have been removed from the hazardous substances list under this announcement which should be suspended as well."

Ratchada Singalavanija, the director-general of the Industrial Works Department, the agency which proposed the delisting of sulphur from the hazardous substances list, said the Industry Ministry would act on behalf of his department to appeal the court's ruling.

Mr Ratchada said the appeal was based on the fact sulphur posed little harm to the environment and people's health, and removing it from the list would assist businesses which import the substances for industrial use.

Wichar Thitiprasert, director of the Agriculture Department's agricultural regulations office, said the court's injunction would not affect the office's regulation of the production and commercialisation of natural pesticides because the hazardous substances committee had already put a hold on the listing of natural pesticides.

The committee's resolution to halt the listing process and order the department to hold a public hearing on the issue came after protests by farmer and health advocates who fear the move would obstruct the use and trade of herbal products.

A hearing to gauge public opinion on whether the 13 plants should be on the hazardous list would be concluded within two months, Mr Wichar said.

Source - The Bangkok Post