ENVIRONMENTAL RISK MANAGEMENT AUTHORITY
DECISION
13 March 2006
Application code
HSR06013
Application type
To import or manufacture any hazardous substance under Section
28A(2)(a) of the Hazardous Substances and New Organisms
(HSNO) Act 1996
Osmose New Zealand
PO Box 1109
Auckland
Jeremy Christmas
Applicant
Applicant contact:
Purpose
To manufacture PROTIM tributyl tin naphthenate oil miscible
formulation options as ready-to-use timber preservative solutions
(rapid similar).
Date received
24 February 2006
Consideration date
10 March 2006
Considered by
Rob Forlong (Chief Executive, ERMA New Zealand)
1
Summary of Decision
1.1
The application to import or manufacture PROTIM tributyl tin naphthenate oil miscible
formulation options is approved with controls in accordance with the relevant provisions
of the Hazardous Substances and New Organisms Act 1996 (the HSNO Act), the relevant
HSNO Regulations, and the HSNO (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 substances have been given the following unique identifiers for the ERMA New
Zealand Hazardous Substances Register:
PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate,
3.2 to 10 g/litre permethrin
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate,
3.2 to 10 g/litre permethrin
PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate,
3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate,
3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
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:
3
0
39
Non-Dispersive Use
Other
Pesticides, non agricultural
Subcategory: preservative products
2
Legislative Criteria for Application
2.1
The application was lodged pursuant to section 28 of the HSNO Act. The decision was
determined in accordance with section 28A(2)(a), taking into account matters relevant to
the purpose of the HSNO Act, as specified under Part II of the HSNO Act. Unless
otherwise stated, references to section numbers in this decision refer to sections of the
HSNO 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 manufacture PROTIM tributyl tin naphthenate oil
miscible formulation options as ready-to-use timber preservative solutions.
3.2
The application was formally received on 24 February 2006.
3.3
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
Project Team:
Nicola Reeves
Applications Advisor (Hazardous Substances)
Laura Docker
Scientific Assessor (Hazardous Substances)
Report review and sign-out by:
Dr Peter Dawson
Principal Scientist (Hazardous Substances)
Environmental Risk Management Authority Decision: Application HSR06013
Page 2 of 58
4
Consideration
Sequence of the Consideration
4.1
Osmose New Zealand seeks approval under section 28A(2)(a) of the HSNO Act to import
or manufacture PROTIM tributyl tin naphthenate oil miscible formulation options.
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)).
4.3
The approach adopted when considering this application was:


4.4
To identify the composition and hazardous properties of the proposed substances,
PROTIM tributyl tin naphthenate oil miscible formulation options, and of the
“reference” similar substance provided by the applicant;
To determine whether the proposed substances have similar compositions and
similar hazardous properties to the reference substance.
And then:




To determine whether the proposed substances have a similar life-cycle to the
reference substance;
To consider whether the risks posed by the proposed substances 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 the substances
should not be rapidly assessed; and
To consider whether the controls that apply under the HSNO Act to the reference
substance are applicable to the proposed substances.
Information Review
4.5
I have reviewed the information supplied by the applicant and consider that the
information constitutes an adequate and appropriate basis for considering the application
(clause 8). There are no significant uncertainties (i.e. sufficient to influence decision
making) in the scientific and technical information relating to the risks of the substances
(clauses 29 and 30).
Composition of the Proposed Substance Relative to that of the Reference
Substance
4.6
The applicant identified a reference substance against which PROTIM tributyl tin
naphthenate oil miscible formulation options should be compared as a ready to use timber
treatment which was transferred to the HSNO Act on 1 July 2004 under the generic
substance description of “‘Oil miscible liquid containing 230 g/litre tributyltin
naphthenate, 11 g/litre permethrin and 13.2 g/litre iodocarb’” and given the ERMA
Approval Code HSR000841.
Environmental Risk Management Authority Decision: Application HSR06013
Page 3 of 58
4.7
After considering the applicant’s reference substance and other potential reference
substances, I consider that there is a valid approved reference substance against which
PROTIM tributyl tin naphthenate oil miscible formulation options can be compared.
4.8
PROTIM tributyl tin naphthenate oil miscible formulation options all contain the active
ingredients tributyl tin naphthenate and permethrin, and also includes the option of
Iodocarb as a third active ingredient. I note that the reference substance contains all three
of these active ingredients at slightly higher concentrations.
4.9
I note that the PROTIM tributyl tin naphthenate oil miscible formulation options and the
reference substance all contain similar excipient components and similar hydrocarbon
solvents.
4.10
I note both PROTIM tributyl tin naphthenate oil miscible formulation options and the
reference substance are oil miscible liquids.
4.11
I note that, the major hazardous components in the PROTIM tributyl tin naphthenate oil
miscible formulation options make up approximately 96 % by weight of the components.
In the reference substance the major hazardous components make up approximately 90%
by weight. I note that this is less than a 10 % increase in major hazardous components and
is due to an increase in solvent content which off sets the decrease in the active ingredient
concentrations.
4.12
After taking the variations in composition into account, I have concluded that the
compositions of the proposed and reference substances are of the same nature and kind.
Therefore, I am satisfied that PROTIM tributyl tin naphthenate oil miscible formulation
options have similar compositions to the reference substance.
Hazardous Properties of the Proposed Substance Relative to the Reference
Substance
4.13
The applicant has provided information related to the hazardous properties of PROTIM
tributyl tin naphthenate oil miscible formulation options.
4.14
Under section 28A(2)(a), the proposed substance must have similar hazardous properties
to the reference substance. The hazardous properties of the PROTIM tributyl tin
naphthenate oil miscible formulation options and the reference substance are listed below:
Hazardous
Property
Flammability
Acute toxicity
Skin irritation
Eye irritation
Respiratory
sensitiser
Contact
sensitiser
Target organ
toxicity
PROTIM tributyl tin naphthenate oil miscible formulation options
A*
B**
C***
D****
3.1C
3.1C
3.1C
3.1C
6.1B
6.1C
6.1B
6.1C
6.3A
6.3B
6.3A
6.3B
6.4A
6.4A
6.4A
6.4A
Reference
Substance
3.1C
6.1B
6.3A
6.4A
6.5A
6.5A
6.5A
6.5A
6.5A
6.5B
6.5B
6.5B
6.5B
6.5B
6.9A
6.9B
6.9A
6.9B
6.9A
Environmental Risk Management Authority Decision: Application HSR06013
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Hazardous
Property
Aquatic
ecotoxicity
Soil ecotoxicity
Terrestrial
vertebrate
ecotoxicity
Terrestrial
invertebrate
ecotoxicity
PROTIM tributyl tin naphthenate oil miscible formulation options
A*
B**
C***
D****
Reference
Substance
9.1A
9.1A
9.1A
9.1A
9.1A
9.2B
9.2B
9.2B
9.2B
9.2A
9.3C
-
9.3C
-
9.3B
9.4B
9.4B
9.4B
9.4B
9.4B
* PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
** PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
*** PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
**** PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
4.15
I note that there are some differences between the hazard classifications of the PROTIM
tributyl tin naphthenate oil miscible formulation options and the reference substance. I
note that all the PROTIM tributyl tin naphthenate oil miscible formulation options are of
lower soil ecotoxicity than the reference substance (9.2B rather than 9.2A classifiction).
Additionally, I note that the formulations with lower tributyl tin naphthenate content
(substances B and D in the table above) trigger lower clasisifcations for acute toxicity,
skin irritancy and target organ sytemic toxicity than are triggered for the reference
substance. Also, these two formulations do not trigger the threshold for terrestrial
vertebrate ectoxicity.
4.16
Despite the differences in the classifications applicable to the PROTIM tributyl tin
naphthenate oil miscible formulation options and the reference substance, I note that the
controls applicable to these substances are the same.
4.17
I consider that the hazardous properties of the PROTIM tributyl tin naphthenate oil
miscible formulation options are similar to those of the reference substance. There is a
difference between the hazard profiles of the two substances; however, the PROTIM
tributyl tin naphthenate oil miscible formulation options have a reduced hazard profile
compared to the reference substance.
Evaluation against the Criteria for Similar Composition and Similar
Hazardous Properties
4.18
I consider that, based on the application submitted by the applicant, and on information
available on 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.
Environmental Risk Management Authority Decision: Application HSR06013
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Part II Matters (Non Scientific Considerations)
4.19
No information has arisen during the consideration of this application that has caused me
to believe that the substances, with controls in place, could result in significant effects on:






The sustainability of native and valued introduced flora and fauna;
The intrinsic value of ecosystems;
Public health;
The relationship of Māori and their culture and traditions with their ancestral
lands, water, sites, waahi tapu, valued flora and fauna, and other taonga;
The economic and related benefits to be derived from the use of the PROTIM
tributyl tin naphthenate oil miscible formulation options;
New Zealand’s international obligations.
5
Life-cycle, Risks and Controls
5.1
As discussed above, the PROTIM tributyl tin naphthenate oil miscible formulation options
have similar but reduced hazard profiles to the reference substance. All formulations
contain the active ingredients tributyl tin naphthenate and permethrin, and the reference
substance and two of the PROTIM tributyl tin naphthenate oil miscible formulations
contain Iodocarb. All of the substances are intended for use as ready-to-use timber
preservative solutions.
5.2
PROTIM tributyl tin naphthenate oil miscible formulation options will be manufacture in
New Zealand using existing plant manufacturing facilities for Light Organic Solvent
(LOSP) timber preservatives.
5.3
The substances will be manufactured as ready-to-use (RTU) timber preservative solutions
which do not require further dilution after delivery and prior to impregnation into timber
at the industrial treatment facility. The PROTIM tributyl tin naphthenate oil miscible
formulation required by the treatment plant would be despatched to the timber plant in a
chemical tanker (5,000 to as much as 20,000L) designed to carry flammable, toxic liquids.
However there may be occasions where product needs to be stored or shipped in 200L
drums (mild steel).
5.4
The PROTIM tributyl tin naphthenate oil miscible formulation options are transported by
road or rail within New Zealand. This might include shipments across Cook Strait. The
PROTIM tributyl tin naphthenate oil miscible formulation options would be transported
and stored in accordance with the requirements of NZS 5433:1999, marine transport
regulations (IMDG) and the HSNO regulations.
5.5
PROTIM tributyl tin naphthenate oil miscible formulation options will only available for
industrial purposes for application to timber in vacuum impregnation plants. These
treatment plants have been required to meet or exceed the Best Practice Guide for the Safe
Use of Timber Preservatives and Antisapstain Chemicals (New Zealand Timber
Perservation Council, 2005).
Environmental Risk Management Authority Decision: Application HSR06013
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5.6
The substances will be used to treat dry timber to the relevant specifications or Standards
for timber treatment, e.g. New Zealand NZS 3640:2003 Chemical Preservation of Round
and Sawn timber, or AS 1604:2002 Part 1-5 where the treated timber would be exported to
Australia. These timber uses are generally described as being for timber products exposed
to the weather but not in ground contact.
5.7
The proposed timber uses are no different to those of the reference substance. However,
PROTIM tributyl tin naphthenate oil miscible formulation options cover the
concentrations required to achieve the retentions of active in the timber and include
options of whether to include the mouldicide (iodocarb) component. PROTIM tributyl tin
naphthenate oil miscible formulation options at the lower tributyl tin naphthenate and
permethrin concentration range are appropriate for timber treated to Hazard class 3.1 (as
described in NZS 3640:2003) and Hazard class 3A (as described in AS 1604.1:2005).
However the upper tributyl tin naphthenate concentration range is necessary where timber
is treated to the H3 specification according to AS 1604.1 where the elemental tin
concentration in the timber is double (0.16% m/m Sn) that of the H3.1 or H3A
specification (0.08% m/m Sn).
5.8
Warnings will be provided on the labels of the products not to dispose of them (or used
packaging when applicable) into waterways or drains because of the aquatic and terrestrial
ecotoxicity of the substances.
5.9
Taking into account the similar use of the PROTIM tributyl tin naphthenate oil miscible
formulation options and the reference substance, I consider that the risks associated with
the use of the PROTIM tributyl tin naphthenate oil miscible formulation options will be no
greater than those of the reference substance.
5.10
I note that there are no other matters (section 6) that would prevent this application for
PROTIM tributyl tin naphthenate oil miscible formulation options from being approved
by rapid assessment.
5.11
I therefore consider that, given the similarities in composition, hazardous properties and
the use of the substances, the controls and variations that were approved for the reference
substance are equally applicable to the PROTIM tributyl tin naphthenate oil miscible
formulation options.
5.12
I consider that control T8, specifying requirements for class 6.1 substances that are
(lawfully) laid or applied outdoors for terrestrial vertebrate pest control, is not applicable
to the PROTIM tributyl tin naphthenate oil miscible formulation options, as these
substances are not intended for use for terrestrial vertebrate pest control. If it was ever
intended to use these substances as vertebrate poisons this would require registration
under the Agricultural Compounds and Veterinary Medicines Act 1997 and would trigger
a reassessment under the HSNO Act.
Environmental Risk Management Authority Decision: Application HSR06013
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5.13
I consider that control E2 specifying requirements relating to application rates is not
applicable to these substances, as this control only applies to substances applied to an area
of land, air or water
5.14
I consider that control E3, relating to protection of terrestrial invertebrates, is not
applicable to the PROTIM tributyl tin naphthenate oil miscible formulation options as
they are not intended for application in areas where bees are foraging and is not applied on
plants that are likely to be visited by bees.
5.15
I consider that control E4, relating to the protection of terrestrial vertebrates is triggered
for PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to
10 g/litre permethrin and PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl
tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb. I note, however,
that this control will not be applicable to these substances as they are not intended for use
in a granular form, or to be coated on seed.
Additional Controls under Section 77A
5.16
The following controls are applicable to the PROTIM tributyl tin naphthenate oil miscible
formulation options under section 77A:
5.17
“The use of PROTIM tributyl tin naphthenate oil miscible formulation options shall only
be used as agents in the preservation treatment of timber at industrial sites”
5.18
I consider that this control is appropriate because of the prescribed use of the substance,
and that a similar use restriction has been placed on the reference substance.
5.19
“The controls relating to stationary container systems (as provided in Schedule 8 of the
Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer
Notice (New Zealand Gazette Issue No 35, 26 March 2004, as amended by Issue No. 128,
1 October 2004 and by Issue No. 208, 16 December 2005), shall apply to this substance,
notwithstanding clause 1(1) of the schedule.”
5.20
I note that, as a means of managing the risks from PROTIM tributyl tin naphthenate oil
miscible formulation options, additional controls relating to stationary container systems
are necessary. These provisions are currently provided in Schedule 8 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
and No. 208, 16 December 2005).
5.21
I note that for the reference substance these controls apply as if the words “Subject to
subclause (2)” in subclause (1), of clause 33 were omitted and subclause (2) were omitted.
Accordingly, I vary this Schedule for the PROTIM tributyl tin naphthenate oil miscible
formulation options.
5.22
These additional controls are applied to the reference substance and I consider them to be
equally applicable to the PROTIM tributyl tin naphthenate oil miscible formulation
options.
Environmental Risk Management Authority Decision: Application HSR06013
Page 8 of 58
5.23
“The controls relating to adverse effects of unintended ignition of class 2 and class 3.1
hazardous substances, set out in Schedule 10 of the Hazardous Substances (Dangerous
Goods and Scheduled Toxic Substances) Transfer Notice (New Zealand Gazette Issue No
35, 26 March 2004, as amended by Issue No. 128, 1 October 2004 and by Issue No. 208,
16 December 2005), shall apply to this substance, notwithstanding clause 1 of that
schedule.”
5.24
I note that, as a means of managing the risks from PROTIM tributyl tin naphthenate oil
miscible formulation options, the HSNO Act provides for regulations to be made,
prescribing controls relating to adverse effects of unintended ignition of class 2 and class
3.1 hazardous substances (section 75(1)(b)). These provisions are currently in the form of
controls on dangerous goods in Schedule 10 of the New Zealand Gazette Notice of
Thursday, 25 March 2004, Issue Number 35, as amended by No. 128, 1 October 2004 and
No. 208, 16 December 2005.
5.25
I consider that controls relating to adverse effects of unintended ignition of class 2 and
class 3.1 hazardous substances, are necessary to manage the PROTIM tributyl tin
naphthenate oil miscible formulation options, and note that no other such controls have
been specified under the HSNO Act.
5.26
I consider that these controls are relevant to this substance, and notes that no other such
controls have been specified under the HSNO Act. In accordance with section 77A(4)(a)
of the HSNO Act, I am satisfied that imposing these additional controls is more effective
than any other specified controls in terms of their effect on the management, use and risks
of the PROTIM tributyl tin naphthenate oil miscible formulation options.
Variation of Controls under Section 77
5.27
Control code T1 relates to limiting exposure to toxic substances through the setting of
TELs. I consider that the criteria of Regulation 11(1)(a) (Hazardous Substances (Classes
6, 8 and 9 controls) Regulations 2001) are not met as the PROTIM tributyl tin naphthenate
oil miscible formulation options are not likely to be present in 1 or more environmental
media, food or other matter that may be ingested. I note that this approach is consistent
with approvals for other timber treatment chemicals and note that TELs have not
previously been set for any of the components of the PROTIM tributyl tin naphthenate oil
miscible formulation options.
5.28
Control code T2 relates to controlling exposure in places of work through the setting of
WESs. I note that for components of the reference substance, where available, WES
values specified in the document described as “Workplace Exposure Standards”,
published by the Occupational Safety and Health Service (OSH), Department of Labour,
January 2002,were adopted. A WES has been set by OSH, that is relevant to the solvent
component of these substances (white spirits, TWA = 525 mg/m3). I, therefore, adopt the
following WES value for Component F the PROTIM tributyl tin naphthenate oil miscible
formulation options:
Component F, TWA = 525 mg/m3.
Environmental Risk Management Authority Decision: Application HSR06013
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5.29
Control codes T3 and E5 are combined under section 77(5) as they both relate to
requirement for keeping records of use of the substances.
5.30
Control codes T4 and E6 are combined under section 77(5) as they both relate to
requirements for equipment used to handle the PROTIM tributyl tin naphthenate oil
miscible formulation options.
5.31
Control code T6 relates to the requirements for approved handlers for toxic substances
(Regulation 9 (Hazardous Substance (Classes 6, 8 and 9 controls) Regulations 2001). I
note that for the reference substance the following regulation has been inserted after
Regulation 9:
9A Exception to approved handler requirement for transportation of packaged timber
preservatives and antisapstains
(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;
Environmental Risk Management Authority Decision: Application HSR06013
Page 10 of 58
(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.
5.32
Taking into account that the similarity between the risks associated with the PROTIM
tributyl tin naphthenate oil miscible formulation options and the reference substance, I
apply this additional requirement to the PROTIM tributyl tin naphthenate oil miscible
formulation options under section 77A(4)(a)
5.33
Control code T7 and F2 are combined under section 77(5) as they both relate to
requirements for carriage of the PROTIM tributyl tin naphthenate oil miscible formulation
options on passenger service vehicles.
5.34
Control code E1 relates to the requirements for Environmental Exposure Limits (EELs) to
be set. I note that an EELwater value of 0.0001 mg/l has previously been set for both
Iodocarb and Permethrin. I consider that these values are relevant to the PROTIM tributyl
tin naphthenate oil miscible formulation options and adopt these values for these
formulations.
5.35
Control code E7 relates to the requirements for approved handlers for ecotoxic substances.
I note that for the reference substance this requirement has been deleted. Given the
similarities between the risks associated with the PROTIM tributyl tin naphthenate oil
miscible formulation options and the reference substance, I have deleted this requirement
for the PROTIM tributyl tin naphthenate oil miscible formulation options under section
77(4)(a).
5.36
Control P13 relates to the packaging requirements for PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and
PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin and 5 to 9 g/litre iodocarb by applying Packing Group II packaging
standards. I note that for the reference substance this control has been varied so that it
applies as if the substance is not a class 6.1B substance. This means that packaging for the
reference substance must conform to the conditions of Packing Group III (PG3) as if the
substances were classified as 6.1C. Given the similarities between the risks associated
with these two substances and the reference substance, I accordingly vary control code
P13, under section 77(4)(a) for PROTIM oil miscible liquid containing 84 to 190 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9
g/litre iodocarb. Similarly, I apply this variation to packaging control P3.
5.37
Control codes D4 and D5 are combined under section 77(5) as they both relate to disposal
requirements for the PROTIM tributyl tin naphthenate oil miscible formulation options.
Environmental Risk Management Authority Decision: Application HSR06013
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5.38
There have also been changes in legislation subsequent to the approval of the reference
substance. These regulatory changes now also apply to the reference substance (section
77(2)(a)).
5.39
The lists of controls for the PROTIM tributyl tin naphthenate oil miscible formulation
options are detailed in Appendix 1.
6
Environmental User Charges
6.1
Section 96 of the HSNO Act 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
I consider that the use of controls is the most effective means of managing the risks
throughout the life cycle of the PROTIM tributyl tin naphthenate oil miscible formulation
options. 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 composition and hazardous properties for the PROTIM tributyl tin
naphthenate oil miscible formulation options, I am satisfied that this substance meets the
criteria for rapid assessment under section 28A(2)(a) of the HSNO Act in that it has a
similar composition and similar hazardous properties to an approved substance.
7.2
In considering the PROTIM tributyl tin naphthenate oil miscible formulation options to be
similar to an existing substance approved under section 29 of the HSNO Act, in
accordance with clause 36(2)(b) of the Methodology, I have considered section 28A(2)(a)
of the HSNO Act and also applied the following criteria in the Methodology:






7.3
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.
Having regard for the controls that applied to the reference substance, I am satisfied that
the controls imposed will be adequate to manage the adverse effects of the PROTIM
tributyl tin naphthenate oil miscible formulation options.
Environmental Risk Management Authority Decision: Application HSR06013
Page 12 of 58
7.4
The application is accordingly approved pursuant to section 28A(2)(a) of the HSNO Act
with controls as listed in Appendix 1.
Rob Forlong
Date 13 March 2006
Chief Executive, ERMA New Zealand
ERMA New Zealand Approval codes:
PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin
HSR002449
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin
HSR002447
PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
HSR002450
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
HSR002448
Environmental Risk Management Authority Decision: Application HSR06013
Page 13 of 58
Appendix 1: Controls Applying to PROTIM tributyl tin
naphthenate oil miscible formulation options
The controls imposed on PROTIM tributyl tin naphthenate oil miscible formulation options are as
follows. The regulations cited should be referred to for definitions and exemptions. The ERMA
New Zealand publication “User Guide to HSNO Control Regulations” provides useful guidance on
the controls.
Control Codes and Explanations for PROTIM oil miscible liquid containing 84 to 190
g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and PROTIM oil miscible
liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb.
Control
Code1
Regulation2
Explanation3
Hazardous Substances (Classes 1 to 5 Control Regulations) Regulations 2001 - Flammable Property
Controls
F1
7
General test certification requirements for all class 1 to 5 substances
Where a test certificate is required for a hazardous substance location holding
PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
and 5 to 9 g/litre iodocarb, 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.
F3
55
General limits on flammable substances
Where PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
and 5 to 9 g/litre iodocarb is present at a place for longer than 18 hours, and in
a quantity that exceeds those specified directly below, that substance must be
held at a hazardous substance location or transit depot as appropriate.
F5
58-59
Quantity beyond which this control applies for closed containers:
 500 L in containers greater than 5 L
 1 500 L in containers up to and including 5 L.
Quantity beyond which this control applies when use occurring in open
containers:
 250 L.
Requirements for hazardous atmosphere zones for class 2.1.1, class 2.1.2
and class 3.1 substances.
There is a requirement to establish a hazardous atmosphere zone wherever
PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
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 HSR06013
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Control
Code1
Regulation2
Explanation3
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
and 5 to 9 g/litre iodocarb are present in quantities greater than specified
directly 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.
Quantity beyond which this control applies:
 100 L (closed)
 25 L (decanting)
 5 L (open occasionally)
 1 L (if in open container in continuous use).
F6
60-70
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 class
2.1.1, class 2.1.2 and class 3.1 substances.
These regulations prescribe controls to reduce the likelihood of unintended
ignition of PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
and 5 to 9 g/litre iodocarb. 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 a class 2.1.1, 2.1.2
or 3.1 substance 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)].
Environmental Risk Management Authority Decision: Application HSR06013
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Control
Code1
F11
Regulation2
76
Explanation3
Segregation of incompatible substances
In order to reduce the likelihood of unintended ignition of PROTIM oil
miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin and PROTIM oil miscible liquid containing 84 to 190 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb,
there is a requirement to ensure that the substance does not come into contact
with any incompatible substance or material, e.g. by keeping class 4.2
substances away from air and by keeping class 4.3 substances away from
water. There is also a requirement that packages of incompatible substances
are held separately. A list of substances and materials considered incompatible
with class 2, 3 and 4 substances is provided in Table 1 of Schedule 3 (Classes
1 to 5 Controls Regulations).
PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb are incompatible with all class 1, 2,
3.2, 4 and 5 substances.
F12
77
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
PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
and 5 to 9 g/litre iodocarb is present in quantities greater than those specified
below and held for a period exceeding either 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)
F14
81
Quantity beyond which this control applies for closed containers:
 500 L in containers greater than 5 L
 1 500 L in containers up to and including 5 L.
Quantity beyond which this control applies when use occurring in open
containers:
 250 L.
Test certification requirements for facilities where class 2.1.1, 2.1.2 or 3.1
substances are present
There is a test certification requirement when PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
Environmental Risk Management Authority Decision: Application HSR06013
Page 16 of 58
Control
Code1
Regulation2
Explanation3
or PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb are present
at any hazardous substance location when in quantities above the amounts
specified below:
Quantity beyond which this control applies for closed containers:
 500 L in containers greater than 5 L
 1 500 L in containers up to and including 5 L.
Quantity beyond which this control applies when use occurring in open
containers:
 250 L.
F16
83
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.
Controls on transit depots where flammable substances are present
Transit depots are places designed to hold PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
or PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb (in
containers that remain unopened) for a period of up to three days, but for
periods that are more than 18 hours.
Whenever PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
and 5 to 9 g/litre iodocarb is held at a transit depot in quantities exceeding
those specified below, 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
Environmental Risk Management Authority Decision: Application HSR06013
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Control
Code1
Explanation3
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.
Quantity beyond which this control applies for closed containers:
 500 L in containers greater than 5 L
 1 500 L in containers up to and including 5 L.
Quantity beyond which this control applies when use occurring in open
containers:
 250 L.
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 -Toxic Property Controls
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.
T3 and E5
Regulation2
5(1)(2), 6
T4 and E6
7
T5
8
The following WES are set:
Component F, TWA = 525 mg/m3
Requirements for keeping records of use
A person using PROTIM oil miscible liquid containing 84 to 190 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible
liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb 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.
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 PROTIM oil miscible liquid containing 84 to
190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil
miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin and 5 to 9 g/litre iodocarb 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.
Requirements for protective clothing and equipment
Protective clothing/equipment must be employed when PROTIM oil miscible
liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin or PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl
tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb 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.
Environmental Risk Management Authority Decision: Application HSR06013
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Control
Code1
Regulation2
T6
9
Explanation3
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 PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
and 5 to 9 g/litre iodocarb is held or used in any quantity, the substances 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.
The following additional regulation is applicable to PROTIM oil miscible
liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and PROTIM oil miscible liquid containing 84 to 190 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre
iodocarb:
9A
Exception to approved handler requirement for transportation of
packaged timber preservatives and antisapstains
(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
Environmental Risk Management Authority Decision: Application HSR06013
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Control
Code1
Regulation2
Explanation3
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.
T7 and F2 10 and 8
Restrictions on the carriage of hazardous substances on passenger service
vehicles
In order to limit the potential for public exposure to PROTIM oil miscible
liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and PROTIM oil miscible liquid containing 84 to 190 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb,
the maximum quantity per package of these substances permitted to be carried
on passenger service vehicles is 0.1 L.
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). 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.
EELwater values are set for following components of PROTIM oil miscible
liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin or PROTIM oil miscible liquid containing 84 to 190 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre
iodocarb:
 Iodocarb: EELwater = 0.0001 mg/l
 Permethrin: EELwater = 0.0001 mg/l.
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
hazardous substances with respect to identification (essentially labelling)
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Control
Code1
Regulation2
Explanation3
(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 PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl
tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
and 5 to 9 g/litre iodocarb 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 PROTIM oil miscible liquid containing 84 to 190 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible
liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb 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:
 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
Environmental Risk Management Authority Decision: Application HSR06013
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Control
Code1
Regulation2
I3
9
I5
I8
I9
11
14
18
Explanation3
 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 PROTIM oil miscible liquid containing 84 to
190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and PROTIM
oil miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to
10 g/litre permethrin and 5 to 9 g/litre iodocarb 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 PROTIM oil miscible liquid containing 84 to
190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and PROTIM
oil miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to
10 g/litre permethrin and 5 to 9 g/litre iodocarb must be prominently identified
as being flammable. In addition, the following information must be provided:
 an indication of whether the substance is a gas, aerosol, liquid or solid
 information must be provided on its general degree of hazard (e.g.
flammable)
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 PROTIM oil miscible liquid containing 84 to 190
g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and PROTIM oil
miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin and 5 to 9 g/litre iodocarb must be prominently identified as
being toxic. In addition, information must be provided on the general degree
and type of hazard of the substance and the need to restrict access to the
substance by children.
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 PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
and PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb 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
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Control
Code1
Regulation2
I11
20
I13
22
I16
25
Explanation3
 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 PROTIM oil
miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin and PROTIM oil miscible liquid containing 84 to 190 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb.
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 (e.g. very toxic to
aquatic life)
 an indication of its general type of hazard (e.g. ecotoxic to terrestrial
invertebrates)
Secondary identifiers for flammable substances
This control relates to the additional label detail required for PROTIM oil
miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin and PROTIM oil miscible liquid containing 84 to 190 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb.
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 liquid)
 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.
Secondary identifiers for toxic substances
This control relates to the additional label detail required for PROTIM oil
miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin and PROTIM oil miscible liquid containing 84 to 190 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb.
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 (eg skin
irritant)
 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 Tributyl tin naphthenate, Permethrin
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26
Explanation3
and Iodocarb.
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 19(f) and 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 19(f) and 25 (e) and (f) specify a requirement to list on the
product label, the name and concentration of Tributyl tin naphthenate,
Permethrin and Iodocarb.].
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 19(f) and 25(e) and (f).
[Regulations 19(f) and 25(e) and (f) specify a requirement to list on the
product label, the name and concentration of Tributyl tin naphthenate,
Permethrin and Iodocarb.].
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
substances are 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.
Regulation 30 – Substances in multiple packaging
This Regulation relates to situations when PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
or PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb 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
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I20
36(8)
I21
37-39, 47-50
Explanation3
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.
Regulation 31 – Alternative information when substances are imported
This Regulation relates to alternative information requirements for PROTIM
oil miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to
10 g/litre permethrin or PROTIM oil miscible liquid containing 84 to 190
g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre
iodocarb 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 PROTIM oil miscible liquid containing
84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or
PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb 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 Material
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 PROTIM oil miscible liquid containing 84
to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM
oil miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to
10 g/litre permethrin and 5 to 9 g/litre iodocarb 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 a
any quantity of PROTIM oil miscible liquid containing 84 to 190 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible
liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb, 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
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The person in charge of any place of work where PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
or PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb 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 PROTIM oil miscible liquid containing 84
to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and PROTIM
oil miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to
10 g/litre permethrin and 5 to 9 g/litre iodocarb 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 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 Tributyl tin naphthenate,
Permethrin and Iodocarb.
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.
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I23
41
I25
43
I28
46
Explanation3
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.
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 PROTIM oil miscible liquid containing 84
to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and PROTIM
oil miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to
10 g/litre permethrin and 5 to 9 g/litre iodocarb must include the following
information:
 its general degree and type of ecotoxic hazard (e.g. ecotoxic to terrestrial
vertebrates)
 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
 any EELs set by the Authority.
Specific documentation requirements for flammable substances
The documentation provided with PROTIM oil miscible liquid containing 84
to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and PROTIM
oil miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to
10 g/litre permethrin and 5 to 9 g/litre iodocarb 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
 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 PROTIM oil miscible liquid containing 84
to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and PROTIM
oil miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to
10 g/litre permethrin and 5 to 9 g/litre iodocarb must include the following
information:
 its general degree and type of toxic hazard
 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
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I29
51-52
Explanation3
 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 PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
or PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb 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 (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).
I30
53
Advertising corrosive and toxic substances
Any advertisement for PROTIM oil miscible liquid containing 84 to 190 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible
liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb 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.
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 PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl
tin naphthenate, 3.2 to 10 g/litre permethrin and PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
and 5 to 9 g/litre iodocarb must ensure that, when the package is closed, there
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Explanation3
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 PROTIM oil miscible liquid containing 84 to 190 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible
liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb 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 PROTIM oil miscible liquid containing 84 to 190 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil
miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to
10 g/litre permethrin and 5 to 9 g/litre iodocarb, 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
PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
and 5 to 9 g/litre iodocarb 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 PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
or PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb 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) Regulations
2004, or
 a stationary container system, a stationary tank or a tank (as defined in the
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P3
9
P5, P13
and P15
11, 19 and 21
Explanation3
Hazardous substances (Dangerous Goods and Scheduled Toxic
Substances) Transfer Notice 2004.
Packaging requirements for substances packed in limited quantities
When PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
and 5 to 9 g/litre iodocarb is packaged in quantities of 1.0 L or less, there is
provision for it to be packaged to a lesser performance standard than normally
required (as specified in Schedule 4 of the Packaging Regulations).
Packaging requirements for PROTIM oil miscible liquid containing 84 to
190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or
PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
and 5 to 9 g/litre iodocarb in quantities over 1.0 L must be packaged according
to Schedule 3 (UN PGIII), but must be packaged according to either Schedule
3 or Schedule 4 when in quantities equal to or less than 1.0 L.
PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
and 5 to 9 g/litre iodocarb that is offered for sale in a package of less than 2.5L
must be in child resistant packaging (i.e. 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.
PG3
Schedule 3
This schedule describes the (minimum) packaging requirements that must be
complied with for this substance when packaged in quantities of more than
1.0 L. The tests in Schedule 3 correlate to the packaging requirements of UN
Packing Group III (UN PGIII).
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 1.0 L.
Hazardous Substances (Disposal) Regulations 2001
D2, D4
6, 8 and 9
Disposal requirements for PROTIM oil miscible liquid containing 84 to
and D5
190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and
PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
As provided by section 77(5), the disposal requirements for toxic, ecotoxic and
flammable substances 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
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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

D6
10
D7
11, 12
D8
13, 14
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 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
Disposal requirements for packages
This control gives the disposal requirements for packages that contained
PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
and 5 to 9 g/litre iodocarb 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 PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl
tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
and 5 to 9 g/litre iodocarb. Where a substance triggers more than one hazard
classification, the most stringent quantity generally applies.
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 a SDS) that must be provided when selling or supplying any
quantity of PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl
tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
and 5 to 9 g/litre iodocarb.
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
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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 any quantity of PROTIM
oil miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to
10 g/litre permethrin or PROTIM oil miscible liquid containing 84 to 190
g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre
iodocarb.
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 any quantity of PROTIM
oil miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to
10 g/litre permethrin or PROTIM oil miscible liquid containing 84 to 190
g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre
iodocarb is present:
 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 PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
or PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb 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 information 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 Material Safety Data Sheets). This documentation
must be provided where PROTIM oil miscible liquid containing 84 to 190
g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil
miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin and 5 to 9 g/litre iodocarb is sold or supplied, or held in a
workplace, in any quantity.
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Control
Code1
Regulation2
EM9
17
EM10
21-24
EM11
25-34
Explanation3
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 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 flammable and oxidising
substances and organic peroxides
There is an additional requirement for PROTIM oil miscible liquid containing
84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and
PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb 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 PROTIM oil miscible liquid containing
84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or
PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb is held in a
place of work in quantities exceeding 500 L, must have the specified number
of fire extinguishers (two fire extinguishers) (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 PROTIM oil
miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin or PROTIM oil miscible liquid containing 84 to 190 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
is held (or is 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.
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Control
Code1
EM12
EM13
Regulation2
35-41
42
Explanation3
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 PROTIM oil miscible liquid
containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
or PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb 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, e.g. there is a requirement to prevent substances
from coming into contact with incompatible materials, and a requirement to
exclude energy sources when class 1, 2, 3, 4 or 5 substances are contained).
Level 3 emergency management requirements – signage
This control relates to the provision of emergency management information on
signage at places where PROTIM oil miscible liquid containing 84 to 190
g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil
miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin and 5 to 9 g/litre iodocarb are 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.
Refer to control code T6.
Hazardous Substances (Tracking) Regulations 2001
TR1
4(1), 5, 6
General tracking requirements
Some (highly) hazardous substances are subject to tracking requirements, i.e.
the location and movement of the substance must be recorded at each stage of
its lifecycle until its final disposal. The hazard classifications of the substances
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Control
Code1
Regulation2
Explanation3
requiring tracking are listed in Schedule 1 of the Tracking Regulations
[Regulation 4(1)].
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, i.e. 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 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
The Hazardous Substances (Tank Wagons and Transportable Containers)
to 43 where
Regulations 2004 prescribe a number of controls relating to tank wagons and
applicable
transportable containers and must be complied with as relevant.
Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notices
PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
and PROTIM oil miscible liquid containing 84 to 190 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb shall only be used as agents in the preservation treatment of timber at
industrial sites.
The controls relating to stationary container systems, as set out in Schedule 8 of the Hazardous Substances
(Dangerous Goods and Scheduled Toxic Substances) Transfer Notice (New Zealand Gazette Issue No 35, 26
March 2004, as amended by Issue No. 128, 1 October 2004 and by Issue No. 208, 16 December 2005), shall
apply to this substance, notwithstanding clause 1(1) of that schedule.
This Schedule applies as if the words “Subject to subclause (2)” in subclause (1), of clause 33 were omitted and
subclause (2) were omitted
The controls relating to adverse effects of unintended ignition of class 2 and class 3.1 hazardous substances, set
out in Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer
Notice (New Zealand Gazette Issue No 35, 26 March 2004, as amended by Issue No. 128, 1 October 2004 and
by Issue No. 208, 16 December 2005), shall apply to this substance, notwithstanding clause 1 of that schedule.
Environmental Risk Management Authority Decision: Application HSR06013
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Control Codes and Explanations for PROTIM oil miscible liquid containing 58.5 to
84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and PROTIM oil
miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb.
Control
Code4
Regulation5
Explanation6
Hazardous Substances (Classes 1 to 5 Control Regulations) Regulations 2001 - Flammable Property
Controls
F1
7
General test certification requirements for all class 1 to 5 substances
Where a test certificate is required for a hazardous substance location holding
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb, 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.
F3
55
General limits on flammable substances
Where PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb is present at a place for longer than 18
hours, and in a quantity that exceeds those specified directly below, that
substance must be held at a hazardous substance location or transit depot as
appropriate.
F5
58-59
Quantity beyond which this control applies for closed containers:
 500 L in containers greater than 5 L
 1 500 L in containers up to and including 5 L.
Quantity beyond which this control applies when use occurring in open
containers:
 250 L.
Requirements for hazardous atmosphere zones for class 2.1.1, class 2.1.2
and class 3.1 substances.
There is a requirement to establish a hazardous atmosphere zone wherever
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb are present in quantities greater than
specified directly 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.
Quantity beyond which this control applies:
 100 L (closed)
4
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.
5
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.
6
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 HSR06013
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Control
Code4
F6
F11
Regulation5
60-70
76
Explanation6
 25 L (decanting)
 5 L (open occasionally)
 1 L (if in open container in 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 class
2.1.1, class 2.1.2 and class 3.1 substances.
These regulations prescribe controls to reduce the likelihood of unintended
ignition of PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl
tin naphthenate, 3.2 to 10 g/litre permethrin and PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb. 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 a class 2.1.1, 2.1.2
or 3.1 substance 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 PROTIM oil
miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin and PROTIM oil miscible liquid containing 58.5 to 84
g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre
iodocarb, there is a requirement to ensure that the substance does not come
into contact with any incompatible substance or material, e.g. by keeping class
4.2 substances away from air and by keeping class 4.3 substances away from
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Control
Code4
Regulation5
Explanation6
water. There is also a requirement that packages of incompatible substances
are held separately. A list of substances and materials considered
incompatible with class 2, 3 and 4 substances is provided in Table 1 of
Schedule 3 (Classes 1 to 5 Controls Regulations).
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb are incompatible with all class 1, 2,
3.2, 4 and 5 substances.
F12
77
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
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb is present in quantities greater than those
specified below and held for a period exceeding either 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)
F14
81
Quantity beyond which this control applies for closed containers:
 500 L in containers greater than 5 L
 1 500 L in containers up to and including 5 L.
Quantity beyond which this control applies when use occurring in open
containers:
 250 L.
Test certification requirements for facilities where class 2.1.1, 2.1.2 or 3.1
substances are present
There is a test certification requirement when PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin or PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
are present at any hazardous substance location when in quantities above the
amounts specified below:
Quantity beyond which this control applies for closed containers:
 500 L in containers greater than 5 L
 1 500 L in containers up to and including 5 L.
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Control
Code4
F16
Regulation5
83
Explanation6
Quantity beyond which this control applies when use occurring in 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.
Controls on transit depots where flammable substances are present
Transit depots are places designed to hold PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin or PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
(in containers that remain unopened) for a period of up to three days, but for
periods that are more than 18 hours.
Whenever PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb is held at a transit depot in quantities
exceeding those specified below, 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, e.g. Electricity
Act 1992, HSE (Mining Underground Regulations) 1999 or Civil Aviation
Rules.
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Control
Code4
Explanation6
Quantity beyond which this control applies for closed containers:
 500 L in containers greater than 5 L
 1 500 L in containers up to and including 5 L.
Quantity beyond which this control applies when use occurring in open
containers:
 250 L.
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 -Toxic Property Controls
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.
T3 and E5
Regulation5
5(1)(2), 6
T4 and E6
7
T5
8
T6
9
The following WES are set:
Component F, TWA = 525 mg/m3
Requirements for keeping records of use
A person using PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible
liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb 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.
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 PROTIM oil miscible liquid containing 58.5 to
84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil
miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin and 5 to 9 g/litre iodocarb 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.
Requirements for protective clothing and equipment
Protective clothing/equipment must be employed when PROTIM oil miscible
liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin or PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
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 PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
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Control
Code4
Regulation5
Explanation6
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb is held or used in any quantity, the
substances 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.
The following additional regulation is applicable to PROTIM oil miscible
liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin or PROTIM oil miscible liquid containing 58.5 to 84
g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9
g/litre iodocarb:
9A
Exception to approved handler requirement for transportation of
packaged timber preservatives and antisapstains
(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
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Control
Code4
Regulation5
Explanation6
(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.
T7 and F2 10 and 8
Restrictions on the carriage of hazardous substances on passenger service
vehicles
In order to limit the potential for public exposure to PROTIM oil miscible
liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb,
the maximum quantity per package of these substances permitted to be carried
on passenger service vehicles is 0.1 L.
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).
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.
EELwater values are set for following components of PROTIM oil miscible
liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin or PROTIM oil miscible liquid containing 58.5 to 84
g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9
g/litre iodocarb:
 Iodocarb: EELwater = 0.0001 mg/l
 Permethrin: EELwater = 0.0001 mg/l.
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 MSDS
 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
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb 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
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Explanation6
respect to comprehensibility, clarity and durability (Regulations 34, 35, 36(1)(7))
Regulation 6 – Identification duties of suppliers
Suppliers of PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl
tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb 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 PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible
liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb 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:
 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
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I3
9
I5
I8
I9
11
14
18
Explanation6
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 PROTIM oil miscible liquid containing 58.5 to
84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and PROTIM oil
miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin and 5 to 9 g/litre iodocarb 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 PROTIM oil miscible liquid containing 58.5 to
84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and PROTIM oil
miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin and 5 to 9 g/litre iodocarb must be prominently identified as
being flammable. In addition, the following information must be provided:
 an indication of whether the substance is a gas, aerosol, liquid or solid
 information must be provided on its general degree of hazard (e.g.
flammable)
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 PROTIM oil miscible liquid containing 58.5 to
84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and PROTIM oil
miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin and 5 to 9 g/litre iodocarb must be prominently identified as
being toxic. In addition, information must be provided on the general degree
and type of hazard of the substance and the need to restrict access to the
substance by children.
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 PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
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
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I11
20
I13
Regulation 22
I16
25
Explanation6
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 PROTIM oil
miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin and PROTIM oil miscible liquid containing 58.5 to 84
g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre
iodocarb. 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 (e.g. very toxic to
aquatic life)
 an indication of its general type of hazard (e.g. ecotoxic to terrestrial
invertebrates)
Secondary identifiers for flammable substances
This control relates to the additional label detail required for PROTIM oil
miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin and PROTIM oil miscible liquid containing 58.5 to 84
g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre
iodocarb. 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 liquid)
 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.
Secondary identifiers for toxic substances
This control relates to the additional label detail required for PROTIM oil
miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin and PROTIM oil miscible liquid containing 58.5 to 84
g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre
iodocarb. 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 (eg mild skin
irritant)
 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 Tributyl tin naphthenate, Permethrin
and Iodocarb.
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I17
Regulation5
26
Explanation6
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 19(f) and 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 19(f) and 25 (e) and (f) specify a requirement to list on the
product label, the name and concentration of Tributyl tin naphthenate,
Permethrin and Iodocarb].
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 19(f) and 25(e) and (f).
[Regulations 19(f) and 25(e) and (f) specify a requirement to list on the
product label, the name and concentration of Tributyl tin naphthenate,
Permethrin and Iodocarb].
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
substances are 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.
Regulation 30 – Substances in multiple packaging
This Regulation relates to situations when PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin or PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
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
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I20
36(8)
I21
37-39, 47-50
Explanation6
 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.
Regulation 31 – Alternative information when substances are imported
This Regulation relates to alternative information requirements for PROTIM
oil miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to
10 g/litre permethrin or PROTIM oil miscible liquid containing 58.5 to 84
g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre
iodocarb 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 PROTIM oil miscible liquid containing
58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or
PROTIM oil miscible liquid containing 8.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb 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 PROTIM oil miscible liquid containing
58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb is held in
the workplace in quantities equal to or greater than 0.1 L.
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 PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl
tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb equal to or greater than 0.1 L, 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 PROTIM oil miscible liquid
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Regulation5
Explanation6
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin or PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
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 PROTIM oil miscible liquid containing
58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb 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 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 Tributyl tin naphthenate,
Permethrin and Iodocarb.
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.
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Regulation5
I23
41
I25
43
I28
46
Explanation6
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.
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 PROTIM oil miscible liquid containing
58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb must
include the following information:
 its general degree and type of ecotoxic hazard (e.g. highly ecotoxic to
terrestrial vertebrates)
 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
 any EELs set by the Authority.
Specific documentation requirements for flammable substances
The documentation provided with PROTIM oil miscible liquid containing
58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb 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
 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 PROTIM oil miscible liquid containing
58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb must
include the following information:
 its general degree and type of toxic hazard
 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
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Regulation5
I29
51-52
Explanation6
 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 PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin or PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
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 (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).
I30
53
Advertising corrosive and toxic substances
Any advertisement for PROTIM oil miscible liquid containing 58.5 to 84
g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil
miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin and 5 to 9 g/litre iodocarb 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.
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 PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and PROTIM oil miscible
liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb must ensure that, when the package is
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Control
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Regulation5
Explanation6
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 reclosed. 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 PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible
liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb 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 PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil
miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to
10 g/litre permethrin and 5 to 9 g/litre iodocarb, 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
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb 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 PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin or PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
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) Regulations
2004, or
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Control
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Regulation5
P3
9
P 5, P13
and P15
11, 19 and 21
Explanation6
 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 substances packed in limited quantities
When PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb is packaged in quantities of 1.0 L or
less, there is provision for it to be packaged to a lesser performance standard
than normally required (as specified in Schedule 4 of the Packaging
Regulations).
Packaging requirements for PROTIM oil miscible liquid containing 58.5
to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb.
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb in quantities over 1.0 L must be
packaged according to Schedule 3 (UN PGIII), but must be packaged
according to either Schedule 3 or Schedule 4 when in quantities equal to or
less than 1.0 L.
Any PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb that is offered for sale in a package of
less than 2.5 L must be in child resistant packaging (i.e. 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.
PG3
Schedule 3
This schedule describes the (minimum) packaging requirements that must be
complied with for this substance when packaged in quantities of more 1.0 L.
The tests in Schedule 3 correlate to the packaging requirements of UN
Packing Group III (UN PGIII).
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 1.0 L.
Hazardous Substances (Disposal) Regulations 2001
D2, D4
6, 8 and 9
Disposal requirements for PROTIM oil miscible liquid containing 58.5 to
and D5
84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
As provided by section 77(5), the disposal requirements for toxic, ecotoxic
and flammable substances 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
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Control
Code4
Regulation5
Explanation6
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

D6
10
D7
11, 12
D8
13, 14
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 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
Disposal requirements for packages
This control gives the disposal requirements for packages that contained
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb 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 PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl
tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb.
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 a SDS) that must be provided when selling or supplying a
quantity of PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl
tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb that exceeds 0.1 L.
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Control
Code4
Regulation5
Explanation6
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 PROTIM oil miscible
liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin or PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
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 PROTIM oil miscible
liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin or PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
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 PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin or PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
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 information 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 PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil miscible
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Control
Code4
Regulation5
Explanation6
liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb is sold or supplied, or held in a
workplace, in quantities equal to or greater than 0.1 L.
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 contents of the documentation.
EM9
17
EM10
21-24
EM11
25-34
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 flammable and oxidising
substances and organic peroxides
There is an additional requirement for PROTIM oil miscible liquid containing
58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin
naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb 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 PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin or PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
is held in a place of work in quantities exceeding 500 L must have the
specified number of fire extinguishers (two fire extinguishers) (Regulation
21). The intention of these general requirements is to provide sufficient firefighting 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 PROTIM oil
miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin or PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
is held (or is 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
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Control
Code4
Regulation5
Explanation6
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.
EM12
35-41
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 PROTIM oil miscible liquid
containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin or PROTIM oil miscible liquid containing 58.5 to 84 g/litre
tributyl tin naphthenate, 3.2 to 10 g/litre permethrin and 5 to 9 g/litre iodocarb
is held in quantities equal to or greater than 100 L.
EM13
42
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, e.g. there is a requirement to prevent
substances from coming into contact with incompatible materials, and a
requirement to exclude energy sources when class 1, 2, 3, 4 or 5 substances
are contained).
Level 3 emergency management requirements – signage
This control relates to the provision of emergency management information on
signage at places where PROTIM oil miscible liquid containing 58.5 to 84
g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin or PROTIM oil
miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10
g/litre permethrin and 5 to 9 g/litre iodocarb 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
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Control
Code4
Regulation5
Explanation6
apply.
Refer to control code T6.
Hazardous Substances (Tracking) Regulations 2001
TR1
4(1), 5, 6
General tracking requirements
Some (highly) hazardous substances are subject to tracking requirements, i.e.
the location and movement of the substance must be recorded at each stage of
its lifecycle until its final disposal. The hazard classifications of the
substances requiring tracking are listed in Schedule 1 of the Tracking
Regulations [Regulation 4(1)].
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, i.e. 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
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
The Hazardous Substances (Tank Wagons and Transportable Containers)
to 43 where
Regulations 2004 prescribe a number of controls relating to tank wagons and
applicable
transportable containers and must be complied with as relevant.
Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notices
PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre permethrin
and PROTIM oil miscible liquid containing 58.5 to 84 g/litre tributyl tin naphthenate, 3.2 to 10 g/litre
permethrin and 5 to 9 g/litre iodocarb shall only be used as agents in the preservation treatment of timber at
industrial sites.
The controls relating to stationary container systems, as set out in Schedule 8 of the Hazardous Substances
(Dangerous Goods and Scheduled Toxic Substances) Transfer Notice (New Zealand Gazette Issue No 35, 26
March 2004, as amended by Issue No. 128, 1 October 2004 and by Issue No. 208, 16 December 2005), shall
apply to this substance, notwithstanding clause 1(1) of that schedule.
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Control
Code4
Regulation5
Explanation6
This Schedule applies as if the words “Subject to subclause (2)” in subclause (1), of clause 33 were omitted and
subclause (2) were omitted
The controls relating to adverse effects of unintended ignition of class 2 and class 3.1 hazardous substances, set
out in Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer
Notice (New Zealand Gazette Issue No 35, 26 March 2004, as amended by Issue No. 128, 1 October 2004 and
by Issue No. 208, 16 December 2005), shall apply to this substance, notwithstanding clause 1 of that schedule.
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