ENVIRONMENTAL RISK
MANAGEMENT AUTHORITY
DECISION
27 October 2006
Application code
HSR06103
Application type
To import or manufacture any hazardous substance under Section 28A of
the Hazardous Substances and New Organisms Act 1996
Applicant
Next Generation Aerosols
Commercial Drive
Dandenong South, V3175
Australia
Applicant contact:
George Androutsopoulos
Purpose
Wasp and Nest Killer: to import an aerosol insecticide to target wasps and
their nests. The active ingredients are allethrin and phenothrin. (similar)
Date received
02 October 2006
Consideration date
26 October 2006
Considered by
Rob Forlong (Chief Executive, ERMA New Zealand)
1
SUMMARY OF DECISION
1.1
The application to import or manufacture Wasp and Nest Killer is approved with
controls in accordance with the relevant provisions of the Hazardous Substances
and New Organisms Act 1996 (the Act), the relevant Regulations, and the
Hazardous Substances and New Organisms (Methodology) Order 1998 (the
Methodology), based on its similar composition and similar hazardous properties to
a substance that has been approved by the Authority.
1.2
The substance has been given the following unique identifier for the ERMA New
Zealand Hazardous Substances Register:
Wasp and Nest Killer
1.3
ERMA New Zealand has adopted the European Union use classification system as
the basis for recording the nature and uses of substances approved. The following
use categories are recorded for this substance:
Main Category:
Industrial category:
Function/Use category:
4
1/5
38
Wide Dispersive use
Agricultural/Domestic
Pesticides
Environmental Risk Management Authority Decision: Application HSR06103
Page 1 of 26
2
LEGISLATIVE CRITERIA FOR APPLICATION
2.1
The application was lodged pursuant to section 28. The decision was determined in
accordance with section 28A(2)(a), taking into account matters specified under Part
II of the Act. Unless otherwise stated, references to section numbers in this
decision refer to sections of the Act.
2.2
Consideration of the application followed the relevant provisions of the
Methodology. Unless otherwise stated, references to clauses in this decision refer to
clauses of the Methodology.
3
APPLICATION PROCESS
3.1
The purpose of the application is to gain approval to import an aerosol insecticide,
containing allethrin and phenothrin, to target wasps and their nests.
3.2
The application was formally received on 2 October 2006.
3.3
The Agricultural Compounds & Veterinary Medicines Group (ACVMG) of the
New Zealand Food Safety Authority (NZFSA), the Ministry of Health and the
Department of Labour Workplace Group were advised of the application (clause
2(2)(e)).
3.4
No responses were received.
3.5
Evaluation of the application was undertaken by the ERMA New Zealand Project
Team:
3.6
4
Brendon Noonan
Applications Advisor (Hazardous Substances)
Margaret Keane
Applications Advisor (Hazardous Substances)
Sekove Tinalevu
Science Advisor (Hazardous Substances)
The application was considered by the Chief Executive of ERMA New Zealand as
provided for by a delegation from the Authority under section 19(2)(d).
CONSIDERATION
Sequence of the Consideration
4.1
Next Generation Aerosols seeks approval under section 28A to import or
manufacture the substance identified as Wasp and Nest Killer.
4.2
Under section 28A(2)(a), an application can be assessed under rapid assessment
procedures if it can be shown that a substance having a similar composition and
similar hazardous properties has been approved by the Authority. Decision-making
authority for such rapid assessments has been delegated to the Chief Executive of
ERMA New Zealand (section 19(2)(d)).
Environmental Risk Management Authority Decision: Application HSR06103
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4.3
The approach adopted when considering this application was:

to identify the composition and hazardous properties of the proposed
substance, Wasp and Nest Killer, the reference similar substance nominated
by Next Generation Aerosols, and other potential reference substances;

to determine whether Wasp and Nest Killer has a similar composition and
similar hazardous properties to the nominated reference substance or another
reference substance.
4.4
And then:

to determine whether Wasp and Nest Killer has a similar life-cycle to the
reference substance;

to consider whether the risks posed by Wasp and Nest Killer are the same as,
less than or greater than those posed by the reference substance;

to consider whether there are any other effects which mean that Wasp and
Nest Killer should not be rapidly assessed; and

taking into account the controls that apply under the Act to the reference
substance, apply appropriate controls to Wasp and Nest Killer.
Information Review
4.5
The project team has reviewed the information supplied by Next Generation
Aerosols and considers that the information constitutes an adequate and
appropriate basis for considering the application (clause 8). They also consider that
there are no significant uncertainties (i.e. sufficient to influence decision making) in
the scientific and technical information relating to the risks of the substance
(clauses 29 and 30).
Identification of the reference substance
4.6
Next Generation Aerosols identified a reference substance against which Wasp and
Nest Killer should be compared. The reference substance identified was “flammable
aerosol containing 1-2.7 g/kg allethrin, 0.91-1.0 g/kg permethrin, 2.7-3.5g/kg tetramethrin”
with HSNO approval number HSR000317.
4.7
After considering the reference substance proposed by the applicant and other
potential reference substances, the project team identified a more suitable reference
substance. The reference substance identified by the project team and used in
reaching this decision was transferred under the descriptor “Flammable aerosol
containing 0.9 - 1.0 g/litre d-allethrin, 0.9 - 1.0 g/litre d-phenothrin and 3.6 g/litre
tetramethrin” in the Hazardous Substance (Pesticide) Transfer Notice 2004 (as
amended) dated 17th December 2004 with the HSNO Approval Number
HSR000323.
Composition of Wasp and Nest Killer relative to that of the
reference substance
4.8
Both Wasp and Nest Killer and the reference substance take the form of
compressed gas aerosols. However, the reference substance has three active
insecticidal ingredients whereas the proposed substance only has two.
Environmental Risk Management Authority Decision: Application HSR06103
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4.9
Allethrin, phenothrin and a flammable solvent component are the major hazardous
components that confer the hazard classifications to Wasp and Nest Killer. The
concentration of the major hazardous components is greater in the reference
substance than in the Wasp and Nest Killer; refer confidential appendix. After
considering the criteria for major hazardous components, as set out in ERMA NZ
Policy Series ER-PO-HS-01, the project team considers that the variation is
acceptable because there is no overall increase in the concentration of major
hazardous components over that of the reference substance.
4.10
The project team notes that the concentration of allethrin in the proposed
substance has increased by more than 25 % over that in the reference substance.
However, the proportion of this active ingredient in Wasp and Nest Killer is less
than 5% of the total composition. ERMA NZ Policy, Policy Series ER-PO-HS-01,
sets out that, generally, an increase of up to 25% of any one major hazardous
component is acceptable; however, where the volume of that component is low, ie
less than 5%, greater proportional increases are acceptable, as the case with Wasp
and Nest Killer.
4.11
After taking the variations in composition into account, the project team considers
that the compositions of Wasp and Nest Killer and the reference substance are of
the same nature and kind. Accordingly, the project team is satisfied that Wasp and
Nest Killer has a similar composition to the reference substance.
Hazardous Properties of Wasp and Nest Killer relative to that of
the reference substance
4.12
To be eligible for consideration under section 28A(2)(a), Wasp and Nest Killer
must have similar hazardous properties to the reference substance. The hazardous
properties of Wasp and Nest Killer, as determined by the applicant and project
team, and the reference substance are listed in table 4.1.
Table 4.1: Comparison of hazard classifications.
Wasp & Nest Killer
Hazard Endpoint
Applicant
Project
Team
Flammability
2.1.2A
2.1.2A
Skin Irritation/Corrosion
6.3B
Aquatic ecotoxicity
9.1A
9.1A
Terrestrial invertebrate ecotoxicity
9.4B
9.4B
Reference
substance
2.1.2A
9.1A
9.4A
4.13
It is noted that the hazard profiles proposed by the applicant and the project team
are generally in agreement. The exception is the 6.3B skin irritancy classification
given to Wasp and Nest Killer by the applicant. The 6.3B classification has not
been applied by the project team because the CAS (chemical abstract number)
supplied for component B, the component triggering this classification, is generic
and refers to different types of the component. Further, the SDS (safety data sheet)
supplied by the applicant indicates that the 6.3B classification is not warranted for
Wasp and Nest Killer.
4.14
The project team’s determination of hazards indicates that there is a reduction in
hazard profile from the reference substance to Wasp and Nest Killer due to the
reduction in terrestrial invertebrate ecotoxicity from 9.4A to 9.4B.
Environmental Risk Management Authority Decision: Application HSR06103
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4.15
The project team is of the view that Wasp and Nest Killer meets the criteria for
similar hazardous properties given that Wasp and Nest Killer does not pose any
new or increased hazards.
Evaluation against the Criteria for Similar Composition and
Similar Hazardous Properties
4.16
The project team is satisfied that, based on the application submitted by Next
Generation Aerosols, and on information available for the reference substance, the
analysis in the preceding paragraphs shows that the criteria for similar composition
and similar hazardous properties under section 28A(2)(a) have been met.
Comparison in use of Wasp and Nest Killer relative to that of
the reference substance
4.17
5
Wasp and Nest Killer and the reference substance are both aerosol insecticides that
are intended to have the same use pattern. It is noted that Wasp and Nest Killer is
specifically for destroying wasps and their nests.
LIFE-CYCLE, RISKS AND CONTROLS
5.1
The applicant has advised the life-cycle details for Wasp and Nest Killer are as
follows.
5.1.1
Wasp and Nest Killer will be imported pre-packaged in pressurised
aerosol containers.
5.1.2
The substance is intended to be used as an insecticide primarily for the
eradication of wasp nests but also for individual wasps. Both industrial
and domestic use is anticipated.
5.1.3
The substance is applied in a jet spray that is designed to saturate wasp
nests from a distance of up to 4 metres. Due to the substance’s aquatic
ecotoxicity, application into or onto water should be avoided.
5.2
The project team notes that the reference substance is also an aerosol; however, it is
intended to be used as a general purpose fly and insect spray.
5.3
The assessment of the proposed substance’s lifecycle, risks and controls has not
identified any other matters (section 6) that would prevent Wasp and Nest Killer
from being approved by rapid assessment.
5.4
It is therefore considered that, given the similarities in composition, hazardous
properties and the risks associated with the life-cycle, the controls prescribed by the
regulations should be applied to Wasp and Nest Killer with the same variations that
were considered applicable to the reference substance.
Environmental Risk Management Authority Decision: Application HSR06103
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Additional Controls under Section 77A
5.5
The following controls are applicable to Wasp and Nest Killer under section 77A:
5.5.1
The Hazardous Substances (Pesticides) (Amendment) Transfer Notice
2006 states that unless specifically allowed for, no pesticide may be
applied onto or into water. As Wasp and Nest Killer is not approved for
such use, the following control is applied to Wasp and Nest Killer:
Wasp and Nest Killer shall not be applied onto or into water.
5.5.2
The Agency notes that, as a means of managing the risks from Wasp and
Nest Killer, additional controls relating to the unintended ignition of
flammable substances are necessary. These provisions are currently
provided in Schedule 10 of the Hazardous Substances (Dangerous
Goods and Scheduled Toxic Substances) Transfer Notice 2004 (New
Zealand Gazette of 26 March 2004, No. 35, as amended by No. 128, 1
October 2004, No. 208, 16 December 2005, No. 70, 27 June 2006 and
No. 76, 30 June 2006).
The controls relating to unintended ignition of flammable aerosols, as set out in
Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic
Substances) Transfer Notice 2004 (Supplement to the New Zealand Gazette, 26
March 2004, No. 35, page 767), as amended, shall apply to this substance,
notwithstanding clause 1 of that schedule.
5.6
The additional controls, as above, have been incorporated into the list of controls
for Wasp and Nest Killer detailed in Appendix 1.
Variation of Controls under Section 77
5.7
It is noted that changes may have been made in legislation subsequent to the
approval of the reference substance. These regulatory changes now also apply to
the nominated and primary reference substances (section 77(2)(a)).
5.8
The following additional controls are applied to Wasp and Nest Killer under
section 77A:
5.8.1
Control F4 relates to the approved handler and security requirements for
certain flammable substances. The project team notes that this control
has been modified for the reference substance and considers this
modification equally applicable to Wasp and Nest Killer. The project
team proposes that this control should be modified under section 77 (3)
with the addition of the following regulation immediately after
regulation 56 of the Hazardous Substances (Classes 1 to 5 Controls)
Regulations 2001:
56A Exception to approved handler requirement for transportation
of packaged pesticides
(1) Regulation 56 is deemed to be complied with if:
(a)
when this substance is being transported on land—
Environmental Risk Management Authority Decision: Application HSR06103
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(i)
by rail, the person who drives the rail vehicle that is transporting the
substance is fully trained in accordance with the approved safety
system for the time being approved under section 6D of the Transport
Services Licensing Act 1989; and
(ii) other than by rail, the person who drives, loads, and unloads the
vehicle that is transporting the substance has a current dangerous
goods endorsement on his or her driver licence; and
(iii) in all cases, Land Transport Rule: Dangerous Goods 1999 (Rule
45001) is complied with; or
(b) when this substance is being transported by sea, one of the following is
complied with:
(i)
Maritime Rules: Part 24A – Carriage of Cargoes – Dangerous
Goods (MR024A):
(ii) International Maritime Dangerous Goods Code; or
(c) when this substance is being transported by air, Part 92 of the Civil
Aviation Rules is complied with.
(2) Subclause (1)(a)—
(a) does not apply to a tank wagon or a transportable container to which the
Hazardous Substances (Tank Wagons and Transportable Containers)
Regulations 2004 applies; but
(b) despite paragraph (a), does apply to an intermediate bulk container that
complies with chapter 6.5 of the UN Model Regulations.
(3) Subclause (1)(c)—
(a) applies to pilots, aircrew, and airline ground personnel loading and
managing this substance within an aerodrome; but
(b) does not apply to—
(i) the handling of this substance in any place that is not within an
aerodrome; or
(ii) the loading and managing of this substance for the purpose of aerial
spraying or dropping.
(4) In this regulation, UN Model Regulations means the 13th revised edition of the
Recommendation on the Transport of Dangerous Goods Model Regulations,
published in 2003 by the United Nations.
5.8.2
Control F14 relates to test certification requirements for facilities where
flammable aerosols are present. The project team notes that this control
has been modified for the reference substance and considers this
modification equally applicable to Wasp and Nest Killer. The project
team proposes that regulation 81 of the Hazardous Substances (Classes 1
to 5 Controls) Regulations 2001 should be modified under section 77(3)
by substituting the clauses with the following;
Regulation 81 of the Hazardous Substances (Classes 1 to 5
Controls) Regulations 2001
A hazardous substance location does not require a test certificate if—
Environmental Risk Management Authority Decision: Application HSR06103
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(a) the hazardous substance location is situated on a farm of not less than 4 hectares;
and
(b) either—
(i) the following requirements are complied with:
(A) each substance is stored in 1 or more secure containers, each of which has
a capacity of less than 250 litres; and
(B) each container complies with regulation 11 and Schedule 2 of the
Hazardous Substances (Packaging) Regulations 2001; and
(C) each container is—
(1) situated not less than 15 metres from any area of high intensity
land use or area of regular habitation; and
(2) situated either in the open or in a well-ventilated building; and
(3) in a compound or located so that any spillage of the substance will
not endanger any building, or flow into any stream, lake, or natural
water; or
(ii) the following requirements are complied with:
(A) each substance is stored in an above ground stationary tank that
complies with the Stationary Container Controls in Schedule 8 of the
Hazardous Substances (Dangerous Goods and Scheduled Toxic
Substances) Transfer Notice 2004, as amended by this Schedule; and
(B) each of the above ground stationary tanks is situated—
(1) not less than 20 metres from any area of high-intensity land use or
area of regular habitation; and
(2) 6 metres from any combustible materials; and
(3) in a compound or located so that any spillage of the substance will
not endanger any building, or flow into any stream, lake, or natural
water.
5.8.3
Control E1 relates to the requirement to set environmental exposure
limits (EELs) for Wasp and Nest Killer. The project team notes that no
EELs have been set for the reference substance and that the requirement
to set default EELs has been deleted. For consistency, the project team
proposes that no EELs be set for Wasp and Nest Killer and considers
that the requirement to set default EELs should also be deleted.
5.8.4
Control E2 relates to restrictions on use within an application area. This
control is not considered to be applicable to Wasp and Nest Killer
because it is not intended to be applied in a wide dispersive manner.
Therefore the project team proposes that this control be deleted. It is
noted that this control has also been deleted for the reference substance.
5.8.5
Control E7 relates to the requirements for Wasp and Nest Killer to be
under the control of an approved handler during certain lifecycle stages.
The project team notes that this control is triggered by the ecotoxicity
classifications and has been omitted for the reference substance.
Environmental Risk Management Authority Decision: Application HSR06103
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Consequently, the project team proposes that this control should be
deleted for Wasp and Nest Killer.
5.9
6
5.8.6
Control TR1 relates to the requirement for records to be kept of the
location and movement of Wasp and Nest Killer. The project team
notes that this requirement was omitted for the reference substance.
Due to the similarities in the substances, the project team proposes that
this requirement for Wasp and Nest Killer be deleted.
5.8.7
Controls D2 and D5 may be combined under section 77(5) as they both
relate to disposal requirements for Wasp and Nest Killer.
The modifications to controls, as above, have been incorporated into the list of
controls for Wasp and Nest Killer detailed in Appendix 1.
ENVIRONMENTAL USER CHARGES
6.1
Section 96 provides that the Authority may identify and report to the Minister
where it considers that a reduction in the likely occurrence of adverse effects similar
to that achieved by the controls attached to any substance could be achieved by any
environmental user charge, or a combination of an environmental user charge and
controls.
6.2
The project team considers that the use of controls is the most effective means of
managing the risks throughout the life cycle of Wasp and Nest Killer. The
imposition of an environmental user charge instead of, or in combination with
controls, is therefore not required at this time.
7
DECISION
7.1
Having considered the project team’s evaluation of the composition and hazardous
properties of Wasp and Nest Killer and the reference substance, I am satisfied that
this substance meets the criteria for rapid assessment under section 28A(2)(a) in
that it has a similar composition and similar hazardous properties to an approved
substance.
7.2
In considering Wasp and Nest Killer to be similar to an existing substance
approved under the Act, in accordance with clause 36(2)(b), I have considered
section 28A(2)(a) and also applied the following criteria in the Methodology:

clause 9 – equivalent of sections 5, 6 and 8;

clause 12 – evaluation of assessment of risks;

clause 21 – the decision accords with the requirements of the Act and
regulations;

clause 24 – the use of recognised risk identification, assessment, evaluation
and management techniques;

clause 25 – the evaluation of risks; and

clause 35 – the costs and benefits of varying the default controls.
Environmental Risk Management Authority Decision: Application HSR06103
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7.3
Having regard for the controls applied to the reference substance, I am satisfied
that the controls proposed in this document will be adequate to manage the adverse
effects of Wasp and Nest Killer.
7.4
The application for Wasp and Nest Killer is accordingly approved pursuant to
section 28A(2)(a) with controls as listed in Appendix 1
Rob Forlong
Chief Executive, ERMA New Zealand
Wasp and Nest Killer
ERMA New Zealand Approval Code:
Date
HSR007671
Environmental Risk Management Authority Decision: Application HSR06103
Page 10 of 26
Appendix 1: Controls Applying to Wasp and Nest Killer
The controls imposed on Wasp and Nest Killer are as follows. The regulations cited should be
referred to for definitions and exemptions. The ERMA New Zealand publication “User Guide to
Control Regulations” provides useful guidance on the controls.
Control
Code1
Regulation2
Explanation3
Hazardous Substances (Classes 1 to 5 Control Regulations) Regulations 2001 - Flammable
Property Controls
F1
7
General test certification requirements for Wasp and Nest Killer
Where a test certificate is required for a hazardous substance location
holding Wasp and Nest Killer, that test certificate must be issued by
an approved test certifier and must typically be renewed yearly.
However, the Authority can, on request by the persons required to
obtain the test certificate, extend the time period to three years.
F2
8
General public transportation restrictions and requirements for
Wasp and Nest Killer
F3
55
F4
56
The maximum quantity per package of Wasp and Nest Killer
permitted to be carried on passenger service vehicle is 1 L (aggregate
water capacity), as specified in Schedule 1 of the Classes 1 to 5
Control Regulations.
General limits on Wasp and Nest Killer
Where Wasp and Nest Killer is present at a place for longer than
18 hours, and in a quantity that exceeds 3,000 L (aggregate water
capacity), as specified in Table 4 of Schedule 3 (Classes 1 to 5
Controls Regulations), that substance must be held at a hazardous
substance location or transit depot.
Approved handler requirements
When Wasp and Nest Killer is held in quantities above 3,000 L
(aggregate water capacity), as specified in Table 2 of Schedule 3
(Classes 1 to 5 Controls Regulations), they must generally be under
the personal control of an approved handler or secured to a specified
standard. However, such substances may be handled by a person
who is not an approved handler if:
 the approved handler has provided guidance to the person in
respect of handling; and
 the approved handler is available at all times to provide assistance
if necessary.
It should be noted that any person handling any quantity of Wasp and
Nest Killer under any of regulations 63(4), 65, 67 and 69 must be an
approved handler for that substance, i.e. the trigger quantities that
typically activate approved handler requirements do not apply
[Regulation 60(2)].
The following regulation is added immediately following
regulation 56 of the Hazardous Substances (Classes 1 to 5
1
Note: The numbering system used in this column relates to the coding system used in the ERMA New Zealand Controls Matrix. This links
the hazard classification categories to the regulatory controls triggered by each category. It is available from the ERMA New Zealand
website www.ermanz.govt.nz/resources and is also contained in the ERMA New Zealand User Guide to the HSNO Control Regulations.
2
These Regulations form the controls applicable to this substance. Refer to the cited Regulations for the formal specification, and for
definitions and exemptions. The accompanying explanation is intended for guidance only.
3
These explanations are for guidance only. Refer to the cited Regulations for the formal specification, and for definitions and exemptions.
Environmental Risk Management Authority Decision: Application HSR06103
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Control
Code1
Regulation2
Explanation3
Controls) Regulations 2001
56A Exception to approved handler requirement for transportation of packaged
pesticides
(1) Regulation 56 is deemed to be complied with if:
(a)
(i)
when this substance is being transported on land—
by rail, the person who drives the rail vehicle that is transporting
the substance is fully trained in accordance with the approved
safety system for the time being approved under section 6D of the
Transport Services Licensing Act 1989; and
(ii) other than by rail, the person who drives, loads, and unloads the
vehicle that is transporting the substance has a current dangerous
goods endorsement on his or her driver licence; and
(iii) in all cases, Land Transport Rule: Dangerous Goods 1999
(Rule 45001) is complied with; or
(b) when this substance is being transported by sea, one of the following is
complied with:
(i)
Maritime Rules: Part 24A – Carriage of Cargoes – Dangerous
Goods (MR024A):
(ii) International Maritime Dangerous Goods Code; or
(c)
when this substance is being transported by air, Part 92 of the Civil
Aviation Rules is complied with.
(2) Subclause (1)(a)—
(a) does not apply to a tank wagon or a transportable container to which
the Hazardous Substances (Tank Wagons and Transportable
Containers) Regulations 2004 applies; but
(b) despite paragraph (a), does apply to an intermediate bulk container that
complies with chapter 6.5 of the UN Model Regulations.
(3) Subclause (1)(c)—
(a) applies to pilots, aircrew, and airline ground personnel loading and
managing this substance within an aerodrome; but
(b) does not apply to—
(i) the handling of this substance in any place that is not within an
aerodrome; or
(ii) the loading and managing of this substance for the purpose of
aerial spraying or dropping.
F5
58-59
(4) In this regulation, UN Model Regulations means the 13th
revised edition of the Recommendation on the Transport of
Dangerous Goods Model Regulations, published in 2003 by the United
Nations.
Requirements for hazardous atmosphere zones for Wasp and
Nest Killer.
There is a requirement to establish a hazardous atmosphere zone
wherever Wasp and Nest Killer is present in quantities greater than
3,000 L (aggregate water capacity), as specified in Table 3 of Schedule
3 (Classes 1 to 5 Controls Regulations). The zone must comply with
Environmental Risk Management Authority Decision: Application HSR06103
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Control
Code1
F6
F11
Regulation2
60-70
76
Explanation3
either of the AS/NZS Standards as listed in Regulation 58(a)-(b) or
with an ERMA approved code of practice.
Regulation 59 discusses the application of other legislation with
respect to electrical systems located within a hazardous atmosphere
zone. Specifically, any controls placed on electrical systems or
electrical equipment within a hazardous atmosphere zone must be
consistent with any controls on such systems/equipment set under
other legislation if they are relevant to that specific location. This is
to ensure that any potential ignition sources from electrical system or
electrical equipment are protected or insulated to an extent that is
consistent with the degree of hazard.
Requirements to reduce the likelihood of unintended ignition of
Wasp and Nest Killer.
These regulations prescribe controls to reduce the likelihood of
unintended ignition of Wasp and Nest Killer. Controls are prescribed
with the aim of covering all foreseeable circumstances in which
unintended ignition could take place, and include:
 placing limits on the proportion of flammable vapour to air to
ensure that the proportion of flammable vapour to air will always
be sufficiently outside the flammable range, so that ignition
cannot take place; and
 ensuring that there is insufficient energy available for ignition.
This energy could be in the form of either temperature or ignition
energy (e.g. a spark). Accordingly, the controls provide two
approaches to ensure that there is insufficient energy for ignition:
(1) keeping the temperature of the substance, or the
temperature of any surface in contact with the substance,
below 80% of the auto-ignition temperature of the
substance, and
(2) keeping sources of ignition below the minimum ignition
energy, either by removal of the ignition source from any
location where flammable substances are handled, or by
protecting the “general” mass of flammable material from
the ignition source, e.g. by enclosing any ignition sources in
an enclosure that will not allow the propagation of the
flame to the outside; or using flameproof motors especially
designed to prevent ignition energy escaping.
It should be noted that any person handling any quantity of Wasp and
Nest Killer under any of regulations 63(4), 65, 67 and 69 must be an
approved handler for that substance, i.e. the trigger quantities that
typically activate approved handler requirements do not apply
[Regulation 60(2)].
Segregation of incompatible substances
In order to reduce the likelihood of unintended ignition of Wasp and
Nest Killer, there is a requirement to ensure that the substance does
not come into contact with any incompatible substance or material.
There is also a requirement that packages of incompatible substances
are held separately.
Substances incompatible with Wasp and Nest Killer are:
 all class 1 substances
 all class 3 substances
Environmental Risk Management Authority Decision: Application HSR06103
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Control
Code1
Regulation2
Explanation3
 all class 4 substances
 all class 5 substances
Incompatible substances have been drawn from Table 1 of Schedule
3 (Classes 1 to 5 Controls Regulations).
F12
F14
77
81
This regulation does not apply to substances that are located on a
vehicle, ship or aircraft if they are segregated in accordance with the
Land Transport Rules, the Maritime Rules or the Civil Aviation Rules
as relevant.
Requirement to establish a hazardous substance location Wasp
and Nest Killer are present
There is a requirement to establish a hazardous substance location
where Wasp and Nest Killer is present in quantities greater than
3,000 L (aggregate water capacity), as specified in Table 4 of Schedule
3 (Classes 1 to 5 Controls Regulations) and held for a period
exceeding 18 hours.
Within such zones, there is a requirement for the person in charge to:
 notify the responsible enforcement authority of the locality and
capacity of the hazardous substance location;
 where relevant, ensure that the substances will be under the
control of an approved handler and that the requirements of
regulation 56 are met;
 ensure that any location test certification requirements are met;
 ensure that a site plan is available for inspection;
 establish and manage a hazardous atmosphere zone when
required (as prescribed by regulation 58).
Test certification requirements for facilities where Wasp and
Nest Killer is present
There is a test certification requirement when Wasp and Nest Killer is
present at any hazardous substance location when in quantities above
3,000 L (aggregate water capacity), as specified in Table 4 of Schedule
3, (Classes 1 to 5 Controls Regulations).
Regulation 81 of the Hazardous Substances (Classes 1 to 5 Controls)
Regulations 2001 is modified) by substituting the clauses with the
following;
Regulation 81 of the Hazardous Substances (Classes 1 to 5
Controls) Regulations 2001
A hazardous substance location does not require a test certificate if—
(a) the hazardous substance location is situated on a farm of not less than 4
hectares; and
(b) either—
(i) the following requirements are complied with:
(A) each substance is stored in 1 or more secure containers, each of
which has a capacity of less than 250 litres; and
(B) each container complies with regulation 11 and Schedule 2 of the
Hazardous Substances (Packaging) Regulations 2001; and
(C) each container is—
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(1) situated not less than 15 metres from any area of high
intensity land use or area of regular habitation; and
(2) situated either in the open or in a well-ventilated building; and
(3) in a compound or located so that any spillage of the substance
will not endanger any building, or flow into any stream, lake,
or natural water; or
(ii) the following requirements are complied with:
(A) each substance is stored in an above ground stationary tank that
complies with the Stationary Container Controls in Schedule 8 of
the Hazardous Substances (Dangerous Goods and Scheduled
Toxic Substances) Transfer Notice 2004, as amended by this
Schedule; and
(B) each of the above ground stationary tanks is situated—
(1) not less than 20 metres from any area of high-intensity land
use or area of regular habitation; and
(2) 6 metres from any combustible materials; and
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(3) in a compound or located so that any spillage of the substance
will not endanger any building, or flow into any stream, lake,
or natural water.
A test certificate must be issued by an approved test certifier and
must demonstrate compliance with a number of specified controls,
including:
 ensuring that the responsible enforcement authority has been
notified of the locality and capacity of the hazardous substance
location;
 approved handler requirements;
 security requirements;
 hazardous atmosphere zone requirements, including controls on
electrical systems and electrical equipment;
 segregation of incompatible substances;
 signage requirements;
 emergency management requirements, including fire-fighting
equipment, emergency response plans and secondary
containment;
 ensuring that a site plan is available for inspection.
Controls on transit depots where Wasp and Nest Killer is
present
Transit depots are places designed to hold hazardous substances (in
containers that remain unopened) for a period greater than 18 hours
but no exceeding three days:
Whenever any Wasp and Nest Killer is held at a transit depot in
quantities exceeding 3,000 L (aggregate water capacity), as specified in
Table 4 of Schedule 3 (Classes 1 to 5 Controls Regulations), there is a
requirement for the person in charge to:
 notify the responsible enforcement authority of the locality and
capacity of the hazardous substance location;
 where relevant, ensure that the substances will be under the
control of an approved handler;
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 ensure that any road vehicle loaded with containers of class 2, 3
or 4 substances is not less than 3 m from any other vehicle or
container containing compatible hazardous substances, and not
less than 5 m from any other vehicle or container containing
incompatible hazardous substances;
 ensure that containers of class 2, 3 or 4 substances held in the
transit depot (but not loaded onto a vehicle) are not less than 5 m
from containers of incompatible substances;
 ensure that all class 2, 3 or 4 substances remain in their containers
and the containers remain closed;
 ensure the safety of any electrical equipment;
 comply with any signage requirements;
 comply with relevant parts of other Acts and Regulations, e.g.
Electricity Act 1992, HSE (Mining Underground Regulations)
1999 or Civil Aviation Rules.
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 - Ecotoxic Property
Controls
E1
32-45
Limiting exposure to Wasp and Nest Killer
This control relates to the setting of environmental exposure limits
(EELs). An EEL establishes the maximum concentration of an
ecotoxic substance legally allowable in a particular (non target)
environmental medium (e.g. soil or sediment or water), including
deposition of a substance onto surfaces (e.g. as in spray drift
deposition).
An EEL can be established by one of three means:
 applying the default EELs specified;
 adopting an established EEL;
 calculating an EEL from an assessment of available
ecotoxicological data.
E3
E6
Regulation2
49
7
No EELs are set for Wasp and Nest Killer at this time and the
requirement to set default EELs is deleted.
Controls relating to protection of terrestrial invertebrates e.g.
beneficial insects
This Regulation applies to substances that are ecotoxic to terrestrial
invertebrates (class 9.4 substances) and prescribes controls to restrict
the use of such substances in situations where they may poses a high
risk to beneficial invertebrates e.g. honeybees.
Specifically, a person must not apply Wasp and Nest Killer:
 in an area where bees are foraging and the substance is in a form
in which bees are likely to be exposed to it; or
 on specific plants likely to be visited by bees if the plant is in
open flower or part bloom, or is likely to flower within a specified
period of time following application of the substance (not longer
than 10 days).
Requirements for equipment used to handle Wasp and Nest
Killer
Any equipment used to handle Wasp and Nest Killer (e.g. spray
equipment) must retain and/or dispense the substance in the manner
intended, i.e. without leakage, and must be accompanied by sufficient
information so that this can be achieved.
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Hazardous Substances (Identification) Regulations 2001
The Identification Regulations prescribe requirements with regard to
identification of hazardous substances in terms of:
 information that must be “immediately available” with the
substance (priority and secondary identifiers). This information is
generally provided by way of the product label;
 documentation that must be available in the workplace, generally
provided by way of SDS;
 signage at a place where there is a large quantity of the substance.
I1
6, 7, 32-35, 36
General identification requirements
(1)-(7)
These controls relate to the duties of suppliers and persons in charge
of Wasp and Nest Killer with respect to identification (essentially
labelling) (Regulations 6 and 7), accessibility of the required
information (Regulations 32 and 33) and presentation of the required
information with respect to comprehensibility, clarity and durability
(Regulations 34, 35, 36(1)-(7))
Regulation 6 – Identification duties of suppliers
Suppliers of Wasp and Nest Killer must ensure it is labelled with all
relevant priority identifier information (as required by Regulations 817) and secondary identifier information (as required by Regulations
18-30) before supplying it to any other person. This includes
ensuring that the priority identifier information is available to any
person handling the substance within two seconds (Regulation 32),
and the secondary identifier information available within 10 seconds
(Regulation 33).
Suppliers must also ensure that no information is supplied with the
substance (or its packaging) that suggests it belongs to a class or
subclass that it does not in fact belong to.
Regulation 7 – Identification duties of persons in charge
Persons in charge of Wasp and Nest Killer must ensure it is labelled
with all relevant priority identifier information (as required by
Regulations 8 to 17) and secondary identifier information (as required
by Regulations 18 to 30) before supplying it to any other person.
This includes ensuring that the priority identifier information is
available to any person handling the substance within two seconds
(Regulation 32), and the secondary identifier information is available
within 10 seconds (Regulation 33).
Persons in charge must also ensure that no information is supplied
with the substance (or its packaging) that suggests it belongs to a class
or subclass that it does not in fact belong to.
Regulations 32 and 33 – Accessibility of information
All priority identifier Information (as required by Regulations 8 to 17)
must be available within two seconds, e.g. on the label
All secondary identifier Information (as required by Regulations 18 to
30) must be available within 10 seconds, e.g. on the label.
Regulations 34, 35, 36(1)-(7) – Comprehensibility, Clarity and
Durability of information
All required priority and secondary identifiers must be presented in a
way that meets the performance standards in these Regulations. In
summary:
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I3
9
I5
11
I9
18
I11
20
Explanation3
 any information provided (either written or oral) must be readily
understandable and in English;
 any information provided in written or pictorial form must be
able to be easily read or perceived by a person with average
eyesight under normal lighting conditions;
 any information provided in an audible form must be able to be
easily heard by a person with average hearing;
 any information provided must be in a durable format i.e. the
information requirements with respect to clarity must be able to
be met throughout the lifetime of the (packaged) substance under
the normal conditions of storage, handling and use.
Priority identifiers for ecotoxic substances
This requirement specifies that Wasp and Nest Killer must be
prominently identified as being ecotoxic.
This information must be available to any person handling the
substance within two seconds (Regulation 32) and can be provided
by way of signal headings or commonly understood pictograms on
the label.
Priority identifiers for flammable substances
This requirement specifies that Wasp and Nest Killer must be
prominently identified as being a flammable aerosol.
This information must be available to any person handling the
substance within two seconds (Regulation 32) and can be provided
by way of signal headings or commonly understood pictograms on
the label.
Secondary identifiers for all hazardous substances
This control relates to detail required for Wasp and Nest Killer on the
product label. This information must be accessible within 10 seconds
(Regulation 33) and could be provided on secondary panels on the
product label. The following information is required:
 an indication (which may include its common name, chemical
name, or registered trade name) that unequivocally identifies it;
and
 enough information to enable its New Zealand importer,
supplier, or manufacturer to be contacted, either in person or by
telephone; and
 in the case of a substance which, when in a closed container, is
likely to become more hazardous over time or develop additional
hazardous properties, or become a hazardous substance of a
different class or subclass, a description of each likely change and
the date by which it is likely to occur.
Secondary identifiers for ecotoxic substances
This control relates to the additional label detail required for Wasp
and Nest Killer. This information must be accessible within 10
seconds (Regulation 33) and could be provided on secondary panels
on the product label. The following information must be provided:
 an indication of the circumstances in which it may harm living
organisms;
 an indication of the kind and extent of the harm it is likely to
cause to living organisms;
 an indication of the steps to be taken to prevent harm to living
organisms;
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I13
Regulation 22
I19
29-31
Explanation3
 an indication of its general type and degree of hazard (e.g. very
ecotoxic to aquatic life and ecotoxic to terrestrial
invertebrates)
Secondary identifiers for flammable substances
This control relates to the additional label detail required for Wasp
and Nest Killer. This information must be accessible within 10
seconds (Regulation 33) and could be provided on secondary panels
on the product label. The following information must be provided:
 an indication of its general type and degree of flammable hazard
(e.g. flammable aerosol);
 an indication of the circumstances in which it may be ignited
unintentionally;
 an indication of the likely effect of an unintentional ignition;
 an indication of the steps to be taken to prevent an unintentional
ignition.
Alternative information in certain cases
Regulation 29 – Substances in fixed bulk containers or bulk transport
containers
This Regulation relates to alternative ways of presenting the priority
and secondary identifier information required by Regulations 8 to 25
when Wasp and Nest Killer contained in fixed bulk containers or bulk
transport containers.
Regulation 29(1) specifies that for fixed bulk containers, it is sufficient
compliance if there is available at all times to people near the
container, information that identifies the type and general degree of
hazard of the substance. When Wasp and Nest Killer is contained,
there is an additional requirement that information must be provided
describing any steps to be taken to prevent an unintentional
explosion, ignition combustion, acceleration of fire or thermal
decomposition.
Regulation 29(2) specifies that for bulk transport containers, it is
sufficient compliance if the substance is labelled or marked in
compliance with the requirements of the Land Transport Rule 45001,
Civil Aviation Act 1990 or Maritime Transport Act 1994.
Note: Regulation 29 will not apply to Wasp and Nest Killer in aerosol
form.
Regulation 30 – Substances in multiple packaging
This Regulation relates to situations when Wasp and Nest Killer is in
multiple packaging and the outer packaging obscures some or all of
the required substance information. In such cases, the outer
packaging must:
 be clearly labelled with all relevant priority identifier information
i.e. the hazardous properties of the substance must be identified;
or
 be labelled or marked in compliance with either the Land
Transport Rule 45001, Civil Aviation Act 1990 or the Maritime
Safety Act 1994 as relevant; or
 in the case of an ecotoxic substance, it must bear the EU
pictogram “Dangerous to the Environment” (‘dead fish and tree’
on orange background); or
 bear the relevant class or subclass label assigned by the UN
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I21
Regulation2
37-39, 47-50
Explanation3
Model Regulations.
Regulation 31 – Alternative information when substances are
imported
This Regulation relates to alternative information requirements for
Wasp and Nest Killer that is imported into New Zealand in a closed
package or in a freight container and will be transported to its
destination without being removed from that package or container.
In these situations, it is sufficient compliance with HSNO if the
package or container is labelled or marked in compliance with the
requirements of the Land Transport Rule 45001.
Documentation required in places of work
These controls relate to the duties of suppliers and persons in charge
of places of work with respect to provision of documentation
(essentially Safety Data Sheets) (Regulations 37, 38 and 50); the
general content requirements of the documentation (Regulation 39
and 47); the accessibility and presentation of the required
documentation with respect to comprehensibility and clarity
(Regulation 48).
These controls are triggered when Wasp and Nest Killer is held in the
workplace in quantities equal to or greater than 1 L (aggregate water
capacity), as specified in Schedule 2 of the Identification Regulations.
Regulation 37 – Documentation duties of suppliers
A supplier must provide documentation containing all relevant
information required by Regulations 39 to 48 when selling or
supplying to another person a quantity of Wasp and Nest Killer equal
to or greater than 1 L (aggregate water capacity), as specified in
Schedule 2 of the Identification Regulations, if the substance is to be
used in a place of work and the supplier has not previously provided
the documentation to that person.
Regulation 38 – Documentation duties of persons in charge of places
of work
The person in charge of any place of work where hazardous
substances are present in quantities equal to or greater than those
specified in Regulation 38 (and with reference to Schedule 2 of the
Identification Regulations), must ensure that every person handling
the substance has access to the documentation required for each
hazardous substance concerned. The person in charge must also
ensure that the documentation does not contain any information that
suggests that the substance belongs to a class or subclass it does not
in fact belong to.
Regulation 39 – General content requirements for documentation
The documentation provided with Wasp and Nest Killer must include
the following information:
 the unequivocal identity of the substance (e.g. the CAS number,
chemical name, common name, UN number, registered trade
name(s));
 a description of the physical state, colour and odour of the
substance;
 if the substance’s physical state may alter over the expected range
of workplace temperatures, the documentation must include a
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description of the temperatures at which the changes in physical
state may occur and the nature of those changes;
 in the case of a substance that, when in a closed container, is
likely to become more hazardous over time or develop additional
hazardous properties, or become a hazardous substance of a
different class, the documentation must include a description of
each likely change and the date by which it is likely to occur;
 contact details for the New Zealand supplier / manufacturer
/importer;
 all emergency management and disposal information required for
the substance;
 the date on which the documentation was prepared;
Regulation 47 – Information not included in approval
This Regulation relates to the provision of specific documentation
information (e.g. as provided on an SDS). If information required by
Regulations 39 to 46 was not included in the information used for the
approval of the substance by the Authority, it is sufficient compliance
with those Regulations if reference is made to that information
requirement along with a comment indicating that such information is
not applicable to that substance.
Regulation 48 – Location and presentation requirements for
documentation
All required documentation must be available to a person handling
the substance in a place of work within 10 minutes. The
documentation must be readily understandable by any fully-trained
worker required to have access to it and must be easily read, under
normal lighting conditions, at a distance of not less than 0.3m.
Regulation 49 – Documentation requirements for vehicles
This Regulation provides for the option of complying with
documentation requirements as specified in the various Land, Sea and
Air transport rules when the substance is being transported.
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Regulation 50 – Documentation to be supplied on request
Notwithstanding Regulation 37 above, a supplier must provide the
required documentation to any person in charge of a place of work
(where a hazardous substance is present) if asked to do so by that
person.
Specific documentation requirements for ecotoxic substances
The documentation provided with Wasp and Nest Killer must include
the following information:
 its general degree and type of ecotoxic hazard (e.g. very ecotoxic
to aquatic life and ecotoxic to terrestrial invertebrates);
 a full description of the circumstances in which it may harm
living organisms and the extent of that harm;
 a full description of the steps to be taken to prevent harm to
living organisms;
 a summary of the available acute and chronic (ecotox) data used
to define the (ecotox) subclass or subclasses in which it is
classified;
 its bio-concentration factor or octanol-water partition coefficient;
 its expected soil or water degradation rate;
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I25
43
I29
51-52
Explanation3
 any EELs set by the Authority.
Specific documentation requirements for flammable substances
The documentation provided with Wasp and Nest Killer must include
the following information:
 its general degree and type of hazard;
 a full description of the circumstances in which it may be ignited
unintentionally;
 the likely effect of an unintentional ignition;
 a full description of the steps to be taken to prevent an
unintentional ignition;
 if it is a gas, its lower and upper explosive limits, expressed as
volume percentages in air;
 if it is a liquid, its lower and upper explosive limits, expressed as
volume percentages in air or its flash point (and flash point
methodology) and auto-ignition temperature;
Duties of persons in charge of places with respect to signage
These controls specify the requirements for signage, in terms of
content, presentation and positioning at places where hazardous
substances are held in quantities exceeding the amounts specified in
Schedule 3 of the Identification Regulations. Where a substance
triggers more than one hazard classification, the most stringent
quantity generally applies.
These requirements are triggered for Wasp and Nest Killer when held
in quantities exceeding 3,000 L (aggregate water capacity). Note this
trigger quantity does not take into account aggregate quantities.
Signs are required:
 at every entrance to the building and/or location (vehicular and
pedestrian) where hazardous substances are present
 at each entrance to rooms or compartments where hazardous
substances are present;
 immediately adjacent to the area where hazardous substances are
located in an outdoor area.
The information provided in the signage needs to be understandable
over a distance of 10 metres and be sufficient to:
 advise that the location contains hazardous substances;
 describe the general type of hazard of each substance (e.g.
flammable);
 where the signage is immediately adjacent to the hazardous
substance storage areas, describe the precautions needed to safely
manage the substance (e.g. a 'No Smoking' warning near
flammable substances).
Hazardous Substances (Disposal) Regulations 2001
D2
6
Disposal requirements for Wasp and Nest Killer.
D5
9
Wasp and Nest Killer must be disposed of by:

treating the substance so that it is no longer a hazardous
substance;

exporting the substance from New Zealand as a hazardous
waste;

treatment can include controlled burning providing the
performance requirements as set out in regulation 6 (3)(b) of
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D6
10
D7
11, 12
D8
13, 14
Explanation3
the Disposal Regulations for protecting people and the
environment are met, and the burning operation does not
exceed any EELs;

treatment includes discharge into the environment as waste, or
depositing in a landfill, provided the discharge location is
managed so that:

the substance will not at any time come into contact
with any substances with explosive or oxidising
properties; and

there is no ignition source in the vicinity of the disposal
site; and

in the event of an accidental fire, harm to people or the
environment does not occur – the performance
requirements for this are set out in regulation 6 (3)(b) of
the Disposal Regulations; and

after reasonable mixing, the concentration of the
substance in any part of the environment outside the
mixing zone does not exceed any EELs set by the
Authority for that substance. However, this does not
include dilution of the substance with any other
substance prior to discharge to the environment.
Disposal requirements for packages
This control gives the disposal requirements for packages that
contained Wasp and Nest Killer and are no longer to be used for that
purpose. Such packages must be either decontaminated/treated or
rendered incapable of containing any substance (hazardous or
otherwise) and then disposed of in a manner that is consistent with
the disposal requirements for the substance. In addition, the manner
of disposal must take into account the material that the package is
manufactured from.
Disposal information requirements
These controls relate to the provision of information concerning
disposal (essentially on the label) that must be provided when selling
or supplying a quantity of Wasp and Nest Killer that exceeds 1.0 L
(aggregate water capacity), as specified in Schedule 1 of the Disposal
Regulations.
Information must be provided on appropriate methods of disposal
and information may be supplied warning of methods of disposal that
should be avoided, i.e. that would not comply with the Disposal
Regulations. Such information must be accessible to a person
handling the substance within 10 seconds and must comply with the
requirements for comprehensibility, clarity and durability as described
in Regulations 34-36 of the Identification Regulations (code I1).
Disposal documentation requirements
These controls relate to the provision of documentation concerning
disposal (essentially in an SDS) that must be provided when selling or
supplying a quantity of Wasp and Nest Killer that exceeds the trigger
levels 1.0 L (aggregate water capacity), as specified in Schedule 2 of
the Disposal Regulations.
The documentation must describe one or more methods of disposal
(that comply with the Disposal Regulations) and describe any
precautions that must be taken. Such documentation must be
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accessible to a person handling the substance at a place of work
within 10 minutes and must comply with the requirements for
comprehensibility and clarity as described in Regulations 48(2), (3)
and (4) of the Identification Regulations (code I21).
Hazardous Substances (Emergency Management) Regulations 2001
EM1
6, 7, 9-11
Level 1 emergency management information: General
requirements
These controls relate to the provision of emergency management
information (essentially on the label) that must be provided with
Wasp and Nest Killer when present in quantities equal to or greater
than 1 L (aggregate water capacity), as listed in Schedule 1 of the
Emergency Management Regulations.
Regulation 6 describes the duties of suppliers, Regulation 7 describes
the duties of persons in charge of places, Regulation 9 describes the
requirement for the availability of the information (10 seconds) and
Regulation 10 gives the requirements relating to the presentation of
the information with respect to comprehensibility, clarity and
durability. These requirements correspond with those relating to
secondary identifiers required by the Identification Regulations (code
I1, Regulations 6, 7, 32–35, 36(1)-(7)).
EM7
EM8
8(f)
12-16, 18-20
Regulation 11 provides for the option of complying with the
information requirements of the transport rules when the substance is
being transported.
Information requirements for ecotoxic substances
The following information must be provided with ecotoxic
substances when present in quantities equal to or greater than the
quantities listed in Schedule 1 of the Emergency Management
Regulations:
 a description of the parts of the environment likely to be
immediately affected by it;
 a description of its typical effects on those parts of the
environment;
 a statement of any immediate actions that may be taken to
prevent the substance from entering or affecting those parts of
the environment.
It is recommended that this information be provided when Wasp and
Nest Killer is present in quantities equal to or greater than
1.0 L (aggregate water capacity).
Level 2 emergency management documentation requirements
These controls relate to the duties of suppliers and persons in charge
of places of work with respect to the provision of emergency
management documentation (essentially Safety Data Sheets). This
documentation must be provided where Wasp and Nest Killer is sold
or supplied, or held in a workplace, in quantities equal to or greater
than 1.0 L (aggregate water capacity), as specified in Schedule 2 of the
Emergency Management Regulations.
Regulations 12 and 13 describe the duties of suppliers, regulation 14
describes the duties of persons in charge of places of work, regulation
15 provides for the option of complying with documentation
requirements of the transport rules when the substance is being
transported, and regulation 16 specifies requirements for general
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EM9
17
EM10
21-24
EM11
25-34
Explanation3
contents of the documentation.
Regulation 18 prescribes location and presentation requirements for
the documentation, i.e. it must be available within 10 minutes, be
readily understandable, comprehensible and clear. These
requirements correspond with those relating to documentation
required by the Identification regulations (code I21).
Specific documentation requirements for Wasp and Nest Killer
There is an additional requirement for Wasp and Nest Killer that a
description be provided of the steps to be taken to control any fire
involving the substance, including the types of extinguishant to be
used.
Fire extinguishers
Every place (including vehicles) where Wasp and Nest Killer is held in
a place of work in quantities exceeding 3,000 L (aggregate water
capacity), as specified in Schedule 3 of the Emergency Management
Regulations, must have one fire extinguishers (as detailed in Schedule
3) (Regulation 21). The intention of these general requirements is to
provide sufficient fire-fighting capacity to stop a fire spreading and
reaching hazardous substances, rather than providing sufficient
capacity to extinguish any possible fire involving large quantities of
hazardous substances.
Each fire extinguisher must be located within 30m of the substance,
or, in a transportation situation, in or on the vehicle (Regulation 22).
The performance measure for an extinguisher is that it must be
capable of extinguishing a fully ignited pool of flammable liquid
(50mm deep and at least 6m2 in area), before the extinguisher is
exhausted, and when used by one person (Regulation 23).
Level 3 emergency management requirements – emergency
response plans
These Regulations relate to the requirement for an emergency
response plan to be available at any place (excluding aircraft or ships)
where hazardous substances are held (or reasonably likely to be held
on occasion) in quantities greater than those specified in Schedule 4
of the Emergency Management Regulations. Where a substance
triggers more than one hazard classification, the most stringent
quantity generally applies.
These requirements are triggered for Wasp and Nest Killer when held
in quantities greater than 3,000 L (aggregate water capacity). Note
that this trigger level does not take into account aggregate quantities
with other hazardous substances.
EM13
42
The emergency response plan must describe all of the likely
emergencies that may arise from the breach or failure of controls.
The type of information that is required to be included in the plan is
specified in Regulations 29 to 30. Requirements relating to the
availability of equipment, materials and people are provided in
Regulation 31, requirements regarding the availability of the plan are
provided in Regulation 32 and requirements for testing the plan are
described in Regulation 33.
Level 3 emergency management requirements – signage
This control relates to the provision of emergency management
information on signage at places where hazardous substances are held
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Control
Code1
Regulation2
Explanation3
at quantities equal to or greater than the quantities specified in
Schedule 5 of the Emergency Management Regulations. Where a
substance triggers more than one hazard classification, the most
stringent quantity generally applies.
These requirements are triggered for Wasp and Nest Killer when held
in quantities greater than 3,000 L (aggregate water capacity). Note
that this trigger level does not take into account aggregate quantities
with other hazardous substances.
The signage must advise of the action to be taken in an emergency
and must meet the requirements for comprehensibility and clarity as
defined in Regulations 34 and 35 of the Identification Regulations.
Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004
Regulations 4 to 43 where
The Hazardous Substances (Tank Wagons and Transportable
applicable
Containers) Regulations 2004 prescribe a number of controls relating
to tank wagons and transportable containers and must be complied
with as relevant.
Hazardous Substances (Compressed Gases) Regulations 2004
Regulations 1 to 80 where
The controls stipulated in these regulations relating to compressed
applicable
gases, including aerosols, are applicable to Wasp and Nest Killer.
Additional controls established under s77A
Wasp and Nest Killer shall not to be applied onto or into water
Flammable
Schedule 10,
The controls relating to unintended ignition of flammable aerosols, as
aerosols
DGTN March set out in Schedule 10 of the Hazardous Substances (Dangerous
2004
Goods and Scheduled Toxic Substances) Transfer Notice 2004
(Supplement to the New Zealand Gazette, 26 March 2004, No. 35, page
767), as amended, shall apply to this substance, notwithstanding
clause 1 of that schedule.
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