Legal Problems Regarding the Definition of the Word "Factory" According to the Amended Factory Act B.E. 2535 with Air Pollution Problems: A Case Study of a Rice Mill Factory in Chanthaburi Province.

Abstract

          ​This research investigates air pollution from small business organizations, particularly rice mills, in Chanthaburi Province, focusing on legal gaps in Thailand’s Factory Act B.E. 2535 (1992). It examines how businesses not qualifying as “factory” still contribute to pollution, specifically PM2.5 and PM10 dust, impacting public health and the environment amid challenges like forest fires and traffic congestion. By analyzing Thai laws and comparing them with frameworks in Singapore and Sweden, the study aims to propose amendments to Thailand’s Factory Act to tackle air pollution from smaller enterprises better, ultimately raising awareness and suggesting legal reforms for more effective environmental management. ​This research highlights the significant contribution of small rice mills in Chanthaburi Province to air pollution, particularly PM10 emissions, posing health risks to the community. In 2022, air quality monitoring revealed PM levels exceeding safe standards, emphasizing the environmental impact of these operations. The amended Factory Act B.E. 2535(1992) exempts small businesses from strict regulations by redefining “factory,” potentially increasing environmental risks as responsibility shifts to local authorities under the Public Health Act. In contrast, Singapore requires factory registration for operations with over ten workers, ensuring stricter environmental oversight. Sweden’s “Polluter Pays Principle” (PPP) mandates industries to manage pollution and bear associated costs, promoting accountability and sustainability. While Thailand’s amendments prioritize investment, they do so at the expense of environmental protection, raising public health concerns. To mitigate these risks, Thailand should strengthen PPP enforcement through clearer definitions, increased fees for high-risk businesses, improved resource allocation, and enhanced environmental education, fostering long-term sustainability.   Keywords: Air Pollution, Factory, Rice mill