ENVIRONMENTAL RISK MANAGEMENT
AUTHORITY DECISION
22 March 2007
Application code:
HSR07012
Application type
Importation or manufacture of a hazardous substance for
release under Section 28A(2)(c) the Hazardous Substances
and New Organisms (HSNO) Act 1996 (the Act)
Applicant:
Adria NZ Ltd
Purpose of the application
Nematak 400EC: to seek approval to import or manufacture
as a nematicide for use in a range of crops (reduced hazard)
Date application received:
22 February 2007
Consideration date
21 March 2007
Considered by
Rob Forlong (Chief Executive, ERMA New Zealand)
1 Summary of decision
1.1
The application to import or manufacture Nematak 400EC for release is approved with
the controls as set out in Appendix 1.This approval has been given in accordance with the
relevant provisions of the Act, the relevant HSNO Regulations, and the HSNO
(Methodology) Order 1998 (the Methodology), based on Nematak 400EC being
formulated so that 1 or more of its hazardous properties has a lesser degree of hazard
than a substance approved under the Act.
1.2
The substance has been given the following unique identifier for the ERMA
New Zealand Hazardous Substances Register:
Nematak 400EC
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)(c), taking into account the requirements of that section
and 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 this application is to gain approval to import or manufacture Nematak
400EC for release as an insecticide.
3.2
The application was formally received on 22 February 2007.
3.2.1
3.3
The Agricultural Compounds & Veterinary Medicines Group (ACVMG) of the
New Zealand Food Safety Authority (NZFSA), the Department of Labour Workplace
Group and the Department of Conservation were advised of the application (clause
2(2)(e)).
3.3.1
3.4
3.5
The application timeframe was extended by six days as the result of a request for
further information under section 52.
No responses were received.
Evaluation of the application was undertaken by the ERMA New Zealand project team
which comprised the following staff members:
Margaret Keane
Advisor (Hazardous Substances)
Sekove Tinalevu
Advisor (Hazardous Substances)
Peter Dawson
Principal Scientist (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).
4 Consideration
Sequence of the consideration
4.1
Adria NZ Ltd seeks approval, under section 28, to import or manufacture Nematak
400EC for release in New Zealand as a nematicide.
4.2
A substance can be assessed by rapid assessment procedures, under section 28A(2)(c), if it
can be shown that it has been formulated so that one or more of its hazardous properties
has a lesser degree of hazard than any substance already approved under the Act.
4.3
The approach adopted when considering this application was:
 to identify the composition and hazardous properties of the proposed substance,
Nematak 400EC, and of a reference substance;
 to determine whether the reference substance is one that has been approved by the
Authority and whether the proposed substance has been formulated so that one or
more of its hazardous properties has a lesser degree of hazard than the reference
substance.
4.4
And then:
 to determine whether the proposed substance has a similar use to the reference
substance;
 to consider whether the risks posed by the proposed substance are the same as, less
than or greater than those posed by the reference substance;
 to consider whether there are any other effects that mean the proposed substance
should not be rapidly assessed; and
 to consider whether the controls that apply under the Act will adequately prevent or
manage the adverse effects of the proposed substance.
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Information review
4.5
The project team has reviewed the information supplied by Adria NZ Ltd, and considers
that the information constitutes an adequate and appropriate basis for assessing the
application (clause 8).They also consider that there are no significant uncertainties (ie
sufficient to influence decision making) in the scientific and technical information relating
to the risks of Nematak 400EC (clauses 29 and 30).
Identification of the reference substance
4.6
The applicant identified a reference substance with which they considered Nematak
400EC may be compared. This reference substance was approved under section 28A of
the Act on 10 May 2006 and given the HSNO Approval Number HSR002480.
4.7
However, as the proposed reference substance was itself approved by rapid assessment,
the project team considers a more appropriate reference substance to be one that was
transferred under the Act on 1 July 2004 by way of the Hazardous Substance (Pesticides)
Transfer Notice 2004 under the generic substance description “Emulsifiable concentrate
containing 400 g/litre fenamiphos” and given the HSNO Approval Number HSR000198, and
has used it as such for this application.
Composition of Nematak 400EC relative to that of the reference substance
4.8
Both Nematak 400EC and the reference substance contain the same active ingredient,
fenamiphos, and are in emulsifiable concentrate form.
4.9
The active ingredient and solvents are the major hazardous components conferring the
hazard classifications to Nematak 400EC.The active component and different solvents
are the major hazardous components conferring the hazard classifications to the
reference substance.
4.10 The concentration of the active ingredient is greater in Nematak 400EC than in the
reference substance but the total concentration of major hazardous components is greater
in the reference substance than in Nematak 400EC.However, the Agency considers that
the levels of these differences are within acceptable limits.
Hazardous properties of Nematak 400EC relative to that of the reference
substance
4.11 The project team has determined the hazard profile of Nematak 400EC based on the
information provided by the applicant and other available information. The hazard
classifications for Nematak 400EC are set out in Table 4.1 for comparison against the
reference substance.
Table 4.1: Comparison of hazard classifications
Hazard Endpoint
Nematak
400EC
Reference
substance
3.1C
6.1B
6.1C
6.1D
6.3B
6.4A
3.1C
6.1B
6.1C
6.1D
6.3A
6.4A
Flammability
Acute Toxicity (Oral)
Acute Toxicity (Dermal)
Acute Toxicity (Inhalation)
Skin Irritation/Corrosion
Eye Irritation/Corrosion
Environmental Risk Management Authority Decision: Application HSR07012
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Hazard Endpoint
Reproductive/developmental toxicity
Target Organ Toxicity
Aquatic Ecotoxicity
Soil Ecotoxicity
Ecotoxicity to terrestrial vertebrates
Ecotoxicity to terrestrial invertebrates
Nematak
400EC
Reference
substance
6.9A
9.1A
9.2B
9.3A
9.4A
6.8B
6.9A
9.1A
9.2B
9.3A
9.4A
4.12 The project team notes that Nematak 400EC does not trigger the 6.8B hazard
classification and has a reduced skin irritancy classification.This difference in hazard
profile is due to the use of excipients in the reference substance which are not present in
Nematak 400EC.
Meeting the criteria for rapid assessment under section 28A(2)(c)
4.13 Based on the comparison and assessment detailed above, the project team considers that
the criteria for rapid assessment under section 28A(2)(c) have been met through Nematak
400EC being formulated so that one or more of its hazardous properties has a lesser
degree of hazard than a substance that has been approved under the Act.
Use of the proposed substance relative to the reference substance
4.14 Nematak 400EC and the reference substance are both nematicides in emulsifiable
concentrate form and intended for use in the same manner and at the same application
rates.
5 Controls
Default controls
5.1
Based on the hazard classifications determined for the substance, a set of associated
default controls has been identified by the project team as being applicable to Nematak
400EC.These default controls, expressed as control codes1, are listed in Table 5.1.
5.2
Additional controls under section 77A are available to manage the risks associated with
Nematak 400EC, which are not addressed by the default controls. These are considered
in Paragraph 5.5 of this document.
5.3
The project team notes that controls E4 and T8 relate to requirements for protecting
terrestrial vertebrates. These controls have been triggered for Nematak 400EC on the
basis of its intrinsic hazards; however, these controls are not considered relevant based on
the substance’s form and use as a nematicide and therefore have not been listed. This is
consistent with the reference substance.
Table 5.1: List of default controls for Nematak 400EC
Flammability Controls
F1
General test certification requirements for hazardous substance locations
F2
Restrictions on the carriage of flammable substances on passenger service vehicles
F3
General limits on flammable substances
F5
Requirements regarding hazardous atmosphere zones for class 2.1.1, 2.1.2 and 3.1
Control codes are those assigned by ERMA NZ to enable easy cross reference with the regulations. A detailed list of
these codes is contained in the ERMA New Zealand User Guide to the Controls Regulations.
Environmental Risk Management Authority Decision: Application HSR07012
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1
substances
Requirements to prevent unintended ignition of class 2.1.1, 2.1.2 and 3.1 substances
Segregation of incompatible substances
Requirement to establish a hazardous substance locations if flammable substances are
present
F14
Test certification requirements for facilities where class 2.1.1, 2.1.2 or 3.1 substances
are present
F16
Controls on transit depots where flammable substances are present
Toxicity Controls
T1
Limiting exposure to toxic substances through the setting of TELs
T2
Controlling exposure in places of work through the setting of WESs.
T3
Requirements for keeping records of use
T4
Requirements for equipment used to handle substances
T5
Requirements for protective clothing and equipment
T6
Approved handler/security requirements for certain toxic substances
T7
Restrictions on the carriage of toxic or corrosive substances on passenger service
vehicles
Ecotoxicity Controls
E1
Limiting exposure to ecotoxic substances through the setting of EELs
E2
Restrictions on use of substances in application areas
E3
Controls relating to protection of terrestrial invertebrates eg beneficial insects
E5
Requirements for keeping records of use
E6
Requirements for equipment used to handle substances
E7
Approved handler/security requirements for certain ecotoxic substances
Identification Controls
I1
Identification requirements, duties of persons in charge, accessibility,
comprehensibility, clarity and durability
I3
Priority identifiers for ecotoxic substances
I5
Priority identifiers for flammable substances
I8
Priority identifiers for toxic substances
I9
Secondary identifiers for all hazardous substances
I11
Secondary identifiers for ecotoxic substances
I13
Secondary identifiers for flammable substances
I16
Secondary identifiers for toxic substances
I17
Use of generic names
I18
Requirements for using concentration ranges
I19
Additional information requirements, including situations where substances are in
multiple packaging
I20
Durability of information for class 6.1 substances
I21
General documentation requirements
I23
Specific documentation requirements for ecotoxic substances
I25
Specific documentation requirements for flammable substances
I28
Specific documentation requirements for toxic substances
I29
Signage requirements
I30
Advertising corrosive and toxic substances
Packaging Controls
P1
General packaging requirements
P3
Criteria that allow substances to be packaged to a standard not meeting Packing Group
I, II or III criteria
P5
Packaging requirements for flammable liquids
P13
Packaging requirements for toxic substances
P15
Packaging requirements for ecotoxic substances
PG2
Packaging requirements equivalent to UN Packing Group II
PG3
Packaging requirements equivalent to UN Packing Group III
F6
F11
F12
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PS4
Packaging requirements as specified in Schedule 4
Disposal Controls
D2
Disposal requirements for flammable substances
D4
Disposal requirements for toxic and corrosive substances
D5
Disposal requirements for ecotoxic substances
D6
Disposal requirements for packages
D7
Information requirements for manufacturers, importers and suppliers, and persons in
charge
D8
Documentation requirements for manufacturers, importers and suppliers, and persons
in charge
Emergency Management Controls
EM1
Level 1 information requirements for suppliers and persons in charge
EM6
Information requirements for toxic substances
EM7
Information requirements for ecotoxic substances
EM8
Level 2 information requirements for suppliers and persons in charge
EM9
Additional information requirements for flammable and oxidising substances and
organic peroxides
EM10 Fire extinguisher requirements
EM11 Level 3 emergency management requirements: duties of person in charge, emergency
response plans
EM12 Level 3 emergency management requirements: secondary containment
EM13 Level 3 emergency management requirements: signage
Tracking Controls
TR1
General tracking requirements
Approved Handler Controls
AH1
Approved Handler requirements (including test certificate and qualification
requirements)
Tank Wagon and Transportable Containers Controls
The Hazardous Substance (Tank Wagons and Transportable Containers) Regulations 2004
prescribe a number of controls relating to tank wagons and transportable containers.
Additional controls under section 77A
5.4
Under section 77A, the Authority may impose as controls any obligations and restrictions
that the Authority thinks fit. Before imposing a control under this section, the Authority
must be satisfied that, against any other specified controls applying to Nematak 400EC:
(a) the proposed control is more effective in terms of its effect on the management, use
and risks of hazardous substances; or
(b) the proposed control is more cost-effective in terms of its effect on the management,
use and risks of hazardous substances; or
(c) the proposed control is more likely to achieve its purpose.
5.5
The following control additions have been proposed for Nematak 400EC by the project
team:
5.5.1
The project team notes that, unless specifically allowed for, pesticides should not
be applied into or onto water. As the default controls do not prohibit such use,
the project team considers that the following control should be applied to
Nematak 400EC as being more effective in terms of its effect on the use of the
substance than the default controls:
Nematak 400EC shall not be applied directly onto or into water.
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5.5.2
The project team notes that the default controls do not address all the risks
associated with stationary container systems, secondary containment and
unintended ignition of flammable substances. Accordingly, the project team
considers that the application of controls addressing these risks will be more
effective than the default controls in terms of their effect on the management,
use and risks of the substance. Such controls were applied to pesticides on
transfer to the HSNO regime. The project team considers that these controls are
similarly appropriate for the management of the risks associated with Nematak
400EC and proposes that the following controls should be applied to the
substance:
The controls relating to stationary container systems, secondary containment and unintended
ignition of flammable substances, as set out in Schedules 8, 9 and 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(1) of Schedules 8 and 9 and clause 1 of
Schedule 10.
5.5.3
The project team notes that the default controls do not allow for dispensation
where it is unnecessary for pipework to have secondary containment.
Accordingly, the project team considers that the application of controls will be
more effective than the default controls in terms of their effect on the
management, use and risks of the substance. The project team considers that the
following subclauses should be added after subclause (3) of regulation 36 of the
Hazardous Substances (Emergency Management) Regulations 2001 relating to
control EM12 in order to address this risk area:
(4) For the purposes of this regulation, and regulations 37 to 40, where this substance is
contained in pipework that is installed and operated so as to manage any loss of
containment in the pipework it—
(a) is not to be taken into account in determining whether a place is required to have a
secondary containment system; and
(b) is not required to be located in a secondary containment system.
(5) In this clause, pipework—
(a) means piping that—
(i) is connected to a stationary container; and
(ii) is used to transfer a hazardous substance into or out of the stationary
container; and
(b) includes a process pipeline or a transfer line.
5.6
The project team notes that these controls have similarly been applied to the reference
substance and have been incorporated into the list of controls for Nematak 400EC
detailed in Appendix 1.
Variation of controls under section 77
5.7
Under section 77, the default controls triggered for the substance may be varied. Under
section 77(3), controls may be substituted or added. Under section 77(4), controls may be
substituted or deleted. Under section 77(5), where a substance triggers more than one
hazard classification, controls may be combined.
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5.8
The following variations have been proposed for Nematak 400EC by the project team:
5.8.1
The project team notes that the risks posed by storing this substance may be
reduced in certain circumstances. Accordingly, it is considered appropriate to
vary the default control F14 by adding the following to regulation 81 of the
Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001, under section
77(4)(b) as the variation will not significantly increase the adverse effects of the
substance.This control has similarly been varied for the reference substance:
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) the combined quantity of each class 3.1B or class 3.1C substance and any petrol, aviation
gasoline, or racing gasoline stored at the location is less than 2,000 litres; and
(c) 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.
5.8.2
Control T1 relates to limiting exposure to toxic substances through the setting
of Tolerable Exposure Limits (TELs).ERMA New Zealand is considering a
range of issues relating to TELs, including their setting, measurement and
enforcement following the passage of amendments to the Act in December
2005.The project team notes that TELs have not been set for the reference
substance and therefore proposes that no TELs should be set at this time for
Nematak 400EC.
5.8.3
Control T2 relates to the requirement to set Workplace Exposure Standards
(WESs).Under regulation 29(2) of the Hazardous Substances (Classes 6, 8, and 9
Controls) Regulations 2001, the project team proposes, as a workplace exposure
standard for component D1, the value or values specified in the document
described in “Workplace Exposure Standards”, published by the Occupational
see the confidential Appendix 2 for a key to component identity
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1
Page 8 of 30
Safety and Health Service, Department of Labour, January 2002, ISBN 0-47703660-0.Also available at www.osh.govt.nz/order/catalogue/pdf/wes2002.pdf.
5.8.4
Control E1 relates to limiting exposure to toxic substances through the setting
of Environmental Exposure Limits (EELs).ERMA New Zealand is considering
a range of issues relating to EELs, including their setting, measurement and
enforcement following the passage of amendments to the Act in December
2005.The project team notes that EELs have not been set for the reference
substance and therefore proposes that no EELs should be set at this time for
Nematak 400EC and default EELs are deleted.
5.8.5
Control E2 relates to restrictions on use within an application area when an
EEL has been set. As no EELs have been set, no application rates are
proposed by the project team at this time.
5.8.6
The project team notes that the risks posed by handling this substance may be
reduced in certain circumstances. Accordingly, it is considered appropriate to
vary the default controls T6 and E7 by inserting the following clauses after
regulation 9 of the Hazardous Substances (Classes 6, 8, and 9 Controls)
Regulations 2001, under section 77(4)(b) as the variation will not significantly
increase the adverse effects of the substance.The approved handler controls for
the reference substance have similarly been varied:
9A Exception to approved handler requirement for transportation of
packaged pesticides
(1) Regulation 9 is deemed to be complied with if—
(a) when this substance is being transported on land—
(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 the handling of this substance in any place that is not within an
aerodrome;
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(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.
5.9
5.8.7
The project team considers that controls F2 and T7 may be combined under
section 77(5) as they both relate to requirements for carriage of substances on
passenger service vehicles.
5.8.8
The project team considers that controls T3 and E5 may be combined under
section 77(5) as they both relate to requirements for keeping records of use for
Nematak 400EC.
5.8.9
The project team considers that controls T4 and E6 may be combined under
section 77(5) as they both relate to requirements for equipment used to handle
Nematak 400EC.
5.8.10
The project team considers that controls T6 and E7 may be combined under
section 77(5) as they both relate to approved handler requirements for Nematak
400EC.
5.8.11
The project team considers that controls P3, P5, P13 and P15 may be
combined under section 77(5) as they all relate to packaging requirements for
Nematak 400EC.
5.8.12
The project team considers that controls D2, D4 and D5 may be combined
under section 77(5) as they all relate to disposal requirements for Nematak
400EC.
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 reference
substance (section 77(2)(a)).
5.10 The modifications to controls, as above, have been incorporated into the list of controls
for Nematak 400EC detailed in Appendix 1.
6 Assessment of the adverse effects
6.1
The project team notes that there are no substantial differences in the life cycle, use,
purpose and presentations between the proposed substance and the reference substance.
6.2
The project team has not identified any new or additional risks posed by Nematak 400EC
when compared with the reference substance, and the controls assigned to the reference
substance are similarly applicable to Nematak 400EC.
6.3
The project team considers that there are no other matters which would prevent this
application for Nematak 400EC from being rapidly assessed.
7 Environmental user charges
7.1
The project team considers that use of controls on Nematak 400EC is an effective means
of managing risks associated with this substance. At this time, no consideration has been
given to whether or not environmental charges should be applied to this substance as an
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alternative or additional means of achieving effective risk management. Accordingly, no
report has been made to the Minister for the Environment.
8 Decision
8.1
Pursuant to section 28A, I have considered this application to import or manufacture a
hazardous substance for release made under section 28.
8.2
Having considered the composition, hazardous properties, and use for Nematak 400EC, I
am satisfied that the proposed substance meets the criteria for rapid assessment under
section 28A(2)(c) in that it has been formulated so that one or more of its hazardous
properties has a lesser degree of hazard than an approved reference substance.
8.3
Given the similarities in life cycle and use of Nematak 400EC and the reference
substance, I do not expect that an increase in potential exposure will occur. As the risks
posed by the proposed substance are somewhat less than that of the reference substance,
I consider that applying the same suite of controls to Nematak 400EC, with the additions
and amendments proposed under Paragraphs 5.5 to 5.8.12 (inclusive) will ensure adequate
management of the adverse effects of Nematak 400EC.
8.4
In this consideration, I have also applied the following criteria in the Methodology:
 clause 9 – equivalent of sections 5, 6 and 8;
 clause 12 – risk assessment;
 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.
8.5
The application for importation and manufacture of the hazardous substance, Nematak
400EC, for release is thus approved with controls as detailed in Appendix 1.
Rob Forlong
Chief Executive, ERMA New Zealand
Nematak 400EC
ERMA New Zealand Approval Code:
Environmental Risk Management Authority Decision: Application HSR07012
Date: 22 March 2007
HSR007769
Page 11 of 30
Appendix 1: controls applying to Nematak 400EC
The controls imposed on Nematak 400EC 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 Nematak 400EC
Where a test certificate is required for a hazardous substance location holding
flammable substances, 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
Nematak 400EC
T7
10
The maximum quantity per package of Nematak 400EC permitted to be
Classes 6,8 and 9
carried on passenger service vehicles is 0.1 L.
control regulations
F3
55
F5
58-59
F6
60-70
General limits on flammable substances
Where Nematak 400EC is present at a place for longer than 18 hours, and in
a quantity that exceeds the levels as below, that substance must be held at a
hazardous substance location or transit depot as appropriate:
closed containers: 500 L in containers greater than 5 L
1,500 L in containers up to and including 5 L
open containers: 250 L
Requirements for hazardous atmosphere zones for Nematak 400EC
There is a requirement to establish a hazardous atmosphere zone wherever
Nematak 400EC is present in quantities greater than those specified below.
The zone must comply with either of the AS/NZS Standards as listed in
Regulation 58(a)-(b) or with an ERMA approved code of practice:
100 L (closed)
25 L (decanting)
5L
(open occasionally)
1L
(if in open container for continuous use)
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
Nematak 400EC
These regulations prescribe controls to reduce the likelihood of unintended
ignition of Nematak 400EC.Controls are prescribed with the aim of covering
all foreseeable circumstances in which unintended ignition could take place,
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.
1
Environmental Risk Management Authority Decision: Application HSR07012
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Control
Code1
F11
F12
Regulation2
76
77
Explanation3
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 (eg 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 autoignition 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, eg 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 Nematak 400EC
under any of regulations 63(4), 65, 67 and 69 must be an approved handler for
that substance, ie 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 Nematak 400EC,
there is a requirement to ensure that it does not come into contact with any
incompatible substance as below. There is also a requirement that packages of
incompatible substances are held separately:
all class 1 substances
all class 2 substances
class 3.2 substances
all class 4 substances
all class 5 substances
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 if flammable
substances are present
There is a requirement to establish a hazardous substance location where
Nematak 400EC is present in quantities greater than those specified below
and held for a period exceeding 18 hours:
closed containers: 500 L in containers greater than 5 L
1,500 L in containers up to and including 5 L
open containers: 250 L
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).
Environmental Risk Management Authority Decision: Application HSR07012
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Control
Code1
F14
Regulation2
81
Explanation3
Test certification requirements for facilities where Nematak 400EC is
present
There is a test certification requirement when Nematak 400EC is present at
any hazardous substance location when in quantities as follows:
closed containers: 500 L in containers greater than 5 L
1,500 L in containers up to and including 5 L
open containers: 250 L
That 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.
Control F14 is varied as follows:
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) the combined quantity of each class 3.1B or class 3.1C substance
and any petrol, aviation gasoline, or racing gasoline stored at the
location is less than 2,000 litres; and
(c) 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 highintensity land use or area of regular habitation; and
(2) 6 metres from any combustible materials; and
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Control
Code1
Regulation2
Explanation3
F16
83
Controls on transit depots where flammable substances are present
Transit depots are places designed to hold hazardous substances (in
containers that remain unopened) for a period of up to three days, but for
periods that are more than 18 hours.
(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.
Whenever Nematak 400EC is held at a transit depot in quantities exceeding
these levels:
closed containers: 500 L in containers greater than 5 L
1,500 L in containers up to and including 5 L
open containers: 250 L
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;
 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, eg Electricity
Act 1992, HSE (Mining Underground Regulations) 1999 or Civil Aviation
Rules.
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 -Toxic Property Controls
T1
11-27
Limiting exposure to toxic substances
This control relates to limiting public exposure to toxic substances through
the setting of tolerable exposure limits (TELs).
No ADE or TEL values are set for Nematak 400EC at this time.
T2
29, 30
Controlling exposure in places of work
A workplace exposure standard (WES) is designed to protect persons in the
workplace from the adverse effects of toxic substances. A WES is an airborne
concentration of a substance (expressed as mg substance/m3 of air or ppm in
air), which must not be exceeded in a workplace and applies to every place of
work.
OSH WES values have been adopted for component D in Nematak
400EC.
T3, E5
5(1), 5(2), 6
Requirements for keeping records of use
A person using Nematak 400EC for the purposes of causing biocidal action
must keep written records of each use if the application is in an area where
members of the public may be present, or where the substance is likely to
enter air or water and leave the place.
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Control
Code1
Regulation2
T4, E6
7
T5
8
T6, E7
9
Explanation3
The information to be provided in the record is described in Regulation
6(1).The record must be kept for a minimum of three years following the use
and must be made available to an enforcement officer on request.
Requirements for equipment used to handle hazardous substances
Any equipment used to handle Nematak 400EC (eg spray equipment) must
retain and/or dispense the substance in the manner intended, ie without
leakage, and must be accompanied by sufficient information so that this can
be achieved.
Requirements for protective clothing and equipment
Protective clothing/equipment must be employed when Nematak 400EC is
being handled. The clothing/equipment must be designed, constructed and
operated to ensure that the person does not come into contact with the
substance and is not directly exposed to a concentration of the substances that
is greater than the WES for that substance.
The person in charge must ensure that people using the protective
clothing/equipment have access to sufficient information specifying how the
clothing/equipment may be used, and the requirements for maintaining the
clothing/equipment.
Approved handler requirements
Where Nematak 400EC is held or used in any quantity, it must generally be
under the personal control of an approved handler or locked up. However,
such substances may be handled by a person who is not an approved handler
if:
 an approved handler is present at the facility where the substance is being
handled; and
 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.
Controls T6 and E7 are varied as follows:
9A Exception to approved handler requirement for transportation of
packaged pesticides
(1) Regulation 9 is deemed to be complied with if—
(a) when this substance is being transported on land—
(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)—
Environmental Risk Management Authority Decision: Application HSR07012
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Control
Code1
Regulation2
Explanation3
(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 the handling of this substance in any
place that is not within an aerodrome;
(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.
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 - Ecotoxic Property
Controls
E1
32-45
Limiting exposure to ecotoxic substances
This control relates to the setting of environmental exposure limits (EELs).
No EELs are set for Nematak 400EC at this time and default EELs are
deleted.
E2
46-48
Restrictions on use within application area
These Regulations relate to controls on application areas.
No application rates are set for Nematak 400EC at this time.
E3
49
Controls relating to protection of terrestrial invertebrates eg beneficial
insects
This Regulation applies to Nematak 400EC and prescribes controls to restrict
the use of it in situations where they may pose a high risk to beneficial
invertebrates eg honeybees.
Specifically, a person must not apply Nematak 400EC:
 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).
Hazardous Substances (Identification) Regulations 2001
The Identification Regulations prescribe requirements with regard to
identification of Nematak 400EC 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
Nematak 400EC 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))
Environmental Risk Management Authority Decision: Application HSR07012
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Control
Code1
Regulation2
Explanation3
Regulation 6 – Identification duties of suppliers
Suppliers of Nematak 400EC must ensure it is labelled with all relevant
priority identifier information (as required by Regulations 8-17) 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 Nematak 400EC 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, eg on the label.
All secondary identifier Information (as required by Regulations 18 to 30)
must be available within 10 seconds, eg on the label.
I3
9
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:
 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 ie 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 Nematak 400EC must be prominently
identified as being ecotoxic.
This information must be available to any person handling Nematak 400EC
within two seconds (Regulation 32) and can be provided by way of signal
headings or commonly understood pictograms on the label.
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I5
I8
11
14
I9
18
I11
20
I13
Regulation 22
Priority identifiers for flammable substances
This requirement specifies that Nematak 400EC must be prominently
identified as being flammable. In addition, the following information must be
provided:
 an indication that Nematak 400EC is a liquid;
 information must be provided on its general degree of hazard (ie
flammable liquids: medium hazard).
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 certain toxic substances
This requirement specifies that Nematak 400EC must be prominently
identified as being toxic. In addition, information must be provided on the
general degree and type of hazard of Nematak 400EC and the need to restrict
access to the substance by children.
This information must be available to any person handling Nematak 400EC
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 Nematak 400EC 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 Nematak
400EC.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;
 an indication of its general type and degree of hazard (ie very ecotoxic in
the aquatic environment, ecotoxic in the soil environment, very
ecotoxic to terrestrial vertebrates, very ecotoxic to terrestrial
invertebrates).
Secondary identifiers for flammable substances
This control relates to the additional label detail required for Nematak
400EC.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 (ie
flammable liquids: medium hazard);
 an indication of the circumstances in which it may be ignited
Environmental Risk Management Authority Decision: Application HSR07012
Page 19 of 30
I16
25
I17
26
unintentionally;
 an indication of the likely effect of an unintentional ignition;
 an indication of the steps to be taken to prevent an unintentional ignition.
Secondary identifiers for toxic substances
This control relates to the additional label detail required for Nematak
400EC.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 toxic hazard (ie acutely
toxic, irritating to the skin, irritating to the eye, toxic to human
target organs or systems);
 an indication of the circumstances in which it may harm human beings;
 an indication of the kinds of harm it may cause to human beings, and the
likely extent of each kind of harm;
 an indication of the steps to be taken to prevent harm to human beings;
 the name and concentration of fenamiphos.
Use of Generic Names
This control provides the option of using a generic name to identify groups
of ingredients where such ingredients are required to be listed on the product
label as specified by Regulations 25 (e) and (f).
A generic name may also be used to identify a specific ingredient required by
Regulation 25(f) to be identified, if section 55 or section 57 of the Act applies
(withholding information on confidentiality grounds).
The generic name must identify the key chemical entities and functional
groups in the ingredients that contribute to their hazardous properties.
I18
I19
27
29-31
[Regulations 25 (e) and (f) specify a requirement to list on the product label,
the name of fenamiphos].
Use of Concentration Ranges
This control provides the option of providing concentration ranges for those
ingredients whose concentrations are required to be stated on the product
label as specified by Regulations 25(e) and (f).
[Regulations 25(e) and (f) specify a requirement to list on the product label,
the concentration of fenamiphos].
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
Nematak 400EC is 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 class 1, 2, 3, 4 or 5 substances are 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.
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Page 20 of 30
Regulation 30 – Substances in multiple packaging
This Regulation relates to situations when Nematak 400EC 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 ie 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 Model
Regulations.
I20
36(8)
I21
37-39, 47-50
Regulation 31 – Alternative information when substances are imported
This Regulation relates to alternative information requirements for a
hazardous substance 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.
Durability of information for class 6.1 substances
Any packaging in direct contact with Nematak 400EC must be permanently
identified as having contained a toxic substance, unless the substance as
packaged is restricted to a place of work.
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 Nematak 400EC is held in the workplace in
any quantity.
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
any quantity of Nematak 400EC, 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 Nematak 400EC is 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 Nematak 400EC must include the
Environmental Risk Management Authority Decision: Application HSR07012
Page 21 of 30
following information:
 the unequivocal identity of the substance (eg 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 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;
 the name, concentration and CAS number of fenamiphos.
Regulation 47 – Information not included in approval
This Regulation relates to the provision of specific documentation
information (eg 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 0.3 m.
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.
I23
41
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 Nematak 400EC must include the
following information:
 its general degree and type of ecotoxic hazard (ie very ecotoxic in the
aquatic environment, ecotoxic in the soil environment, very
ecotoxic to terrestrial vertebrates, very 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;
Environmental Risk Management Authority Decision: Application HSR07012
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I25
43
I28
46
I29
51-52
 its bio-concentration factor or octanol-water partition coefficient;
 its expected soil or water degradation rate;
 any EELs set by the Authority.
Specific documentation requirements for flammable substances
The documentation provided with Nematak 400EC must include the
following information:
 its general degree and type of hazard (ie flammable liquids: medium
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;
 its lower and upper explosive limits, expressed as volume percentages in
air or its flash point (and flash point methodology) and auto-ignition
temperature.
Specific documentation requirements for toxic substances
The documentation provided with Nematak 400EC must include the
following information:
 its general degree and type of toxic hazard (ie acutely toxic, irritating to
the skin, irritating to the eye, toxic to human target organs or
systems);
 a full description of the circumstances in which it may harm human
beings;
 the kinds of harm it may cause to human beings;
 a full description of the steps to be taken to prevent harm to human
beings;
 the percentage of volatile substance in the liquid formulation, and the
temperature at which the percentages were measured;
 a summary of the available acute and chronic (toxicity) data used to define
the (toxic) subclass or subclasses in which it is classified;
 the symptoms or signs of injury or ill health associated with each likely
route of exposure;
 the dose, concentration, or conditions of exposure likely to cause injury
or ill health;
 any TELs or WESs set by the Authority.
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 Nematak 400EC is held in
quantities exceeding 100 L.
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 (ie flammable
liquids: medium hazard, acutely toxic, irritating to the skin,
irritating to the eye, toxic to human target organs or systems, very
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ecotoxic in the aquatic environment, ecotoxic in the soil
environment, very ecotoxic to terrestrial vertebrates, very ecotoxic
to terrestrial invertebrates);
 where the signage is immediately adjacent to the hazardous substance
storage areas, describe the precautions needed to safely manage the
substance (eg a 'No Smoking' warning near flammable substances).
I30
53
Advertising Nematak 400EC
Any advertisement for Nematak 400EC must include information that
identifies the substance is toxic and indicates the need to restrict access by
children. In addition, it must specify the general degree and type of hazard
(unless it used in a place of work where members of the public may not
lawfully be present).
Hazardous Substances (Packaging) Regulations 2001
P1
5, 6, 7 (1), 8
General packaging requirements
These controls relate to the ability of the packaging to retain its contents,
allowable packaging markings with respect to design approvals, factors
affecting choice of suitable packaging, and compatibility of the substance with
any previous contents of the packaging.
Regulation 5 – Ability to retain contents
Packaging for Nematak 400EC must ensure that, when the package is closed,
there is no visible release of the substance, and that it maintains its ability to
retain its contents in temperatures from –10oC to +50oC.The packaging must
also maintain its ability to retain its remaining contents if part of the contents
is removed from the package and the packaging is then re-closed. The
packaging in direct contact with the substance must not be significantly
affected or weakened by contact with the substance such that the foregoing
requirements cannot be met.
Regulation 6 – Packaging markings
Packages containing Nematak 400EC must not be marked in accordance with
the UN Model Regulations unless:
 the markings comply with the relevant provisions of that document; and
 the packaging complies with the tests set out in Schedule 1, 2 or 3
(Packaging Regulations) respectively; and
 the design of the packaging has been test certified as complying with
those tests.
Regulation 7(1) – Requirements when packing hazardous substance
When packing Nematak 400EC, account must be taken of its physical state
and properties, and packaging must be selected that complies with the
requirements of Regulation 5, and Regulations 9 to 21.
Regulation 8 – Compatibility
Nematak 400EC must not be packed in packaging that has been previously
packed with substances with which it is incompatible unless all traces of the
previous substance have been removed.
Regulation 9A and 9B – Large Packaging
Large packaging may be used to contain Nematak in New Zealand if it has
been constructed, marked and tested as a large package as provided in
Chapter 6.6 of the 13th revised edition of the UNRTDG, 2003.
“Large Packaging” does not include:
 a tank, tank wagon or transportable container (as defined in the
Hazardous Substances (Tank Wagons and Transportable Containers)
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Regulations 2004; or
a stationary container system, a stationary tank or a tank (as defined in the
Hazardous substances (Dangerous Goods and Scheduled Toxic
Substances) Transfer Notice 2004.
Packaging requirements for Nematak 400EC
Nematak 400EC in quantities over 0.1 L must be packaged according to
Schedule 2 (UN PGII), but must be packaged according to Schedule 2 or
Schedule 4 when in quantities equal to or less than 0.1 L

P3, P5,
P13, P15
9, 11, 19, 21
Nematak 400EC that is offered for sale in a package of less than 2.5 L must
be in child resistant packaging (ie toxic substances liable to be in
homes).However, if the substance is for use in a place of work to which
children do not have access, this requirement is not mandatory.
PG2
Schedule 2
This schedule describes the (minimum) packaging requirements that must be
complied with for this substance when packaged in quantities of more than
0.1 L. The tests in Schedule 2 correlate to the packaging requirements of UN
Packing Group II (UN PGII).
PS4
Schedule 4
This schedule describes the minimum packaging requirements that must be
complied with for this substance when packaged in quantities equal to or less
than 0.1 L.
Hazardous Substances (Disposal) Regulations 2001
D2, D4, 6, 8, 9
Disposal requirements for Nematak 400EC
D5
As provided by section 77(5), the disposal requirements for Nematak 400EC
have been combined. These substances 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 the Disposal Regulations
for protecting people and the environment are met, and the burning
operation does not exceed any TELs or 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 the TELs
or 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.
D6
10
D7
11, 12
Disposal requirements for packages
This control gives the disposal requirements for packages that contained
Nematak 400EC 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 any
quantity of Nematak 400EC.
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D8
13, 14
Information must be provided on appropriate methods of disposal and
information may be supplied warning of methods of disposal that should be
avoided ie 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 any
quantity of Nematak 400EC.
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 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 Nematak 400EC when
present in any quantity.
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)).
EM6
8(e)
EM7
8(f)
EM8
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 toxic substances
The following information must be provided when Nematak 400EC is
present in any quantity:
 a description of the first aid to be given;
 a 24-hour emergency service telephone number.
Information requirements for ecotoxic substances
The following information must be provided with Nematak 400EC when
present in quantities equal to or greater than 0.1 L:
 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.
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 Nematak 400EC is sold or supplied, or held in a workplace, in
any quantity.
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
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rules when the substance is being transported, and regulation 16 specifies
requirements for general contents of the documentation.
EM9
17
EM10
21-24
EM11
EM12
25-34
35-41
Regulation 18 prescribes location and presentation requirements for the
documentation, ie 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 Nematak 400EC
There is an additional requirement for Nematak 400EC 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 Nematak 400EC is held in a place of
work in quantities exceeding 500 L must have two fire extinguishers. The
intention of these general requirements is to provide sufficient fire-fighting
capacity to stop a fire spreading and reaching Nematak 400EC, rather than
providing sufficient capacity to extinguish any possible fire involving large
quantities of hazardous substances.
Each fire extinguisher must be located within 30 m of Nematak 400EC 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 (50 mm deep and at least 6 m2 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 Nematak
400EC is held (or reasonably likely to be held on occasion) in quantities
greater than 100 L.
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 – secondary
containment
These Regulations relate to the requirement for a secondary containment
system to be installed at any fixed location where Nematak 400EC is held in
quantities equal to or greater than 100 L.
Regulation 36 prescribes requirements for secondary containment systems for
pooling substances. Regulation 37 prescribes requirements for places where
hazardous substances are held above ground in containers each holding up to
60 L or less. Regulation 38 prescribes requirements for places where
hazardous substances are held above ground in containers each holding
between 60 L and 450 L. Regulation 39 prescribes requirements for places
where hazardous substances are held above ground in containers each holding
more than 450 L. Regulation 40 prescribes requirements for places where
hazardous substances are held underground. Regulation 41 prescribes
requirements for secondary containment systems that contain substances of
specific hazard classifications, eg there is a requirement to prevent substances
from coming into contact with incompatible materials, and a requirement to
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exclude energy sources when class 1, 2, 3, 4 or 5 substances are contained.
The following subclauses shall be added after subclause (3) of
regulation 36:
(4) For the purposes of this regulation, and regulations 37 to 40, where
this substance is contained in pipework that is installed and
operated so as to manage any loss of containment in the pipework
it—
(a) is not to be taken into account in determining whether a place
is required to have a secondary containment system; and
(b) is not required to be located in a secondary containment
system.
(5) In this clause, pipework—
(a) means piping that—
(i) is connected to a stationary container; and
(ii) is used to transfer a hazardous substance into or out of
the stationary container; and
(b) includes a process pipeline or a transfer line.
EM13
42
Level 3 emergency management requirements – signage
This control relates to the provision of emergency management information
on signage at places where Nematak 400EC is held at quantities equal to or
greater than 100 L.
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 (Personnel Qualification) Regulations 2001
AH1
4-6
Approved Handler requirements
Some (highly) hazardous substances are required to be under the control of an
approved handler during specified parts of the lifecycle. An approved handler
is a person who holds a current test certificate certifying that they have met
the competency requirements specified by the Personnel Qualification
Regulations in relation to handling specific hazardous substances.
Regulation 4 describes the test certification requirements, regulation 5
describes the qualification (competency and skill) requirements and regulation
6 describes situations where transitional qualifications for approved handlers
apply.
see controls F2/T7
Hazardous Substances (Tracking) Regulations 2001
TR1
4(1), 5, 6
General tracking requirements
Nematak 400EC is subject to tracking requirements, ie the location and
movement of the substance must be recorded at each stage of its lifecycle
until its final disposal.
The person in charge of the place where the tracked substance is kept is
responsible for ensuring that the necessary information is included in the
record. This information to be provided is specified in Schedule 2 of the
Tracking Regulations, and includes information on the identification of the
approved handler, and on the identification, quantity, location and disposal of
the substance. The record must meet the location and presentation
requirements specified in Part 2 of the Identification Regulations, ie it must be
accessible within 10 minutes and meet the performance standards for
comprehensibility and clarity [Regulation 5(1) and (2)].
If a tracked substance is transferred to another place, the person in charge
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must ensure that the record is retained for a period of 12 months. If the
substance has undergone treatment that results in it no longer being a tracked
substance, or if it has been intentionally or unintentionally disposed of, the
record must be kept for 3 years. However these requirements do not apply to
places that are vehicles. [Regulation 5(3) and (4)].
Regulation 6 prescribes requirements relating to the transfer of tracked
substances from one place to another. Specifically, the person in charge may
only transfer the tracked substance to another place if they have received
confirmation that:
 an approved handler is present at the place receiving the substance;
 the place receiving the substance meets any location test certification
requirements;
 any place where the substance is to be held during transit complies with
the relevant requirements of the Hazardous Substances (Emergency
Management) Regulations and Hazardous Substances (Classes 1 to 5
Controls) Regulations.
Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004
Regulations 4 to 43 where The Hazardous Substances (Tank Wagons and Transportable Containers)
applicable
Regulations 2004 prescribe a number of controls relating to tank wagons and
transportable containers and must be complied with as relevant.
Additional controls set under s77A
Nematak 400EC shall not be applied directly onto or into water
The controls relating to stationary container systems, secondary containment and unintended ignition of
flammable substances, as set out in Schedules 8, 9 and 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(1) of Schedules
8 and 9 and clause 1 of Schedule 10.
EM12: see the control explanation for additional subclauses.
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Appendix 2: Confidential Information
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