The Central Administrative Court on Friday threw out a petition seeking revocation or suspension of the ban on three toxic farm chemicals, saying the decision by the National Hazardous Substances Committee (NHSC) to prohibit them has yet to take effect.
In dismissing the request, the court said when the NHSC resolved to ban paraquat, glyphosate, and chlorpyrifos on Oct 22, it merely kick-started the process of prohibiting them.
According to the court, the Department of Agriculture is required to draft a ministerial regulation on the proposed ban, put it up for public input, and submit it to the NHSC for approval.
"The resolution [of the NHSC to ban the farm chemicals] is a preparation process for the Industry Ministry to issue a regulation. It has not yet become a rule, order, or any action that warrants a court ruling," said the court.
The request for a revocation or an injunction was filed on Monday by 1,091 people in the Asa Rak Mae Klong Group, a network of fruit growers in Chanthaburi, Ratchaburi, Samut Songkhram, Rayong, Suphan Buri and Nakhon Ratchasima.
The move came after the NHSC on Tuesday agreed to reclassify the three chemicals from Type 3 toxins to Type 4, which prohibits their production, import, export or possession. Paraquat and glyphosate are herbicides; chlorpyrifos is a pesticide.
On Wednesday the Administrative Court heard testimony from witnesses who oppose the ban. It postponed a ruling on the injunction request, saying it needed to study further information but did not specify when it would make a decision.
The fruit farmers said the ban would create a heavier financial burden and threatened to pursue legal action against cabinet ministers, the NHSC, academics and activists who had provided "incorrect information" to back the ban.