ENVIRONMENTAL RISK MANAGEMENT
AUTHORITY DECISION
19 December 2006
Application Code
HSR06088
Application Type
To import or manufacture any hazardous substance under
the Hazardous Substances and New Organisms Act 1996
(the Act)
Applicant
Ceva Animal Health Limited
3/200 Habour View Road
Whangamata
Date Application Received
24 August 2006
Consideration Date
20 December 2006
Considered by
A Committee of the Authority
Purpose of the Application
To import for release four pheromone products for use in
the environment of companion animals (Category A).
1
Summary of decision
1.1
The application to import or manufacture Feliway Spray, Feliway Diffuser, DAP
Spray and DAP Diffuser is approved with controls in accordance with the
relevant provisions of the Act, the HSNO Regulations, and the HSNO
(Methodology) Order 1998 (the Methodology).
1.2
The substances have been given the following unique identifiers for the ERMA
New Zealand Hazardous Substances Register:
Feliway Spray
Feliway Diffuser
DAP Spray
DAP Diffuser
2
Legislative criteria for application
2.1
The application was lodged pursuant to section 28. The decision was determined in
accordance with section 29, taking into account additional matters to be considered
in that section and matters specified under Part II of the Act. Unless otherwise
stated, references to section numbers in this decision refer to sections of the Act.
2.2
Consideration of the application followed the relevant provisions of the
Methodology. Unless otherwise stated, references to clauses in this decision refer to
clauses of the Methodology.
ERMA New Zealand Decision: Application HSR06088
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3
Application Process
3.1
The application was formally received on 24 August 2006.
3.2
In accordance with sections 53(1) and 53A, and clauses 2(2)(b) and 7, public
notification was made on 13 September 2006.
3.3
Submissions closed on 26 October 2006.
3.4
Various government departments (including the Ministry of Health, the
Department of Labour Work Place Group and the Agricultural Compounds and
Veterinary Medicines (ACVM) Group of the Food Safety Authority), Crown
entities and interested parties, which in the opinion of the Authority would be likely
to have an interest in the application, were notified of the receipt of the application
(sections 53(4) and 58(1)(c), and clauses 2(2)(e) and 5) and provided with an
opportunity to comment or make a submission on the application. No comments
or submissions were received.
3.5
The Agency was commissioned to prepare an Evaluation and Review Report (the
E&R Report) to aid the Committee in its decision making process. The E&R
Report consists of the Agency’s review of the application and available data
regarding the substances and their constituent components. The E&R Report also
contains an assessment of the potential risks the substances pose to the
environment, human health, Maori, community and to the economy and proposes a
suite of controls suitable to manage those risks.
3.6
The Ministry of Health, the Department of Labour, the ACVM Group of the Food
Safety Authority and the applicant were given the opportunity to comment on the
E&R Report and the controls proposed therein. No responses were received.
3.7
A public hearing was not required to be held.
3.8
A waiver was issued under section 59 to extend the timeline for preparation of the
E&R Report for the Committee’s consideration.
3.9
The following members of the Authority considered the application (section
19(2)(b)): Mr Tony Haggerty (Chair), George Clark and Max Suckling.
3.10
The information available to the Committee comprised:
 the application, including confidential appendices; and
 the E&R Report.
4
Consideration
Purpose of the application
4.1
The purpose of the application is to gain approval to import or manufacture for
release the products Feliway Spray, Feliway Diffuser, DAP Spray and DAP
Diffuser, formulations containing cat and dog pheromone analogues. These
products are intended for use by veterinarians and pet owners to prevent urine
marking/house soiling and to settle cats and dogs into unfamiliar or stressful
environments.
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Sequence of the consideration
4.2
In accordance with clause 24, the approach adopted by the Committee was to:
 establish the hazard classifications for the substances and derive the default
controls.
 identify potentially non-negligible risks, costs, and benefits.
 assess potentially non-negligible risks, costs, and benefits in the context of the
default controls and possible variations to those controls. Risks were assessed
in accordance with clause 12, and costs and benefits in accordance with clause
13.
 consider and determine variations to the default controls arising from the
circumstances provided for in sections 77A and 77 (3), (4) and (5) and then
consolidate controls.
 evaluate overall risks, costs, and benefits to reach a decision. The combined
impact of risks, costs and benefits was evaluated in accordance with clause 34,
and the cost-effectiveness of the application of controls was considered in
accordance with clause 35.
Hazard classification
4.3
The Committee agreed with the hazard classification determined by the Agency and
classifies the substance as follows:
Table 4.1: Summary of HSNO classification of Feliway Spray
Hazardous Property
Flammable liquid
Skin irritancy
Eye irritancy
Aquatic ecotoxicity
Applicant’s
Assessment
3.1B
6.3B
6.4A
9.1D
Agency’s
Assessment
3.1B
6.3B
6.4A
9.1D
Table 4.2: Summary of HSNO classification of Feliway Diffuser
Hazardous Property
Acute toxicity – aspiration hazard
Skin irritancy
Aquatic ecotoxicity
Applicant’s
Assessment
6.3B
9.1B
Agency’s
Assessment
6.1E
6.3B
9.1A
Table 4.3: Summary of HSNO classification of DAP Spray
Hazardous Property
Flammable liquid
Acute oral toxicity & aspiration hazard
Skin irritancy
Eye irritancy
Aquatic ecotoxicity
ERMA New Zealand Decision: Application HSR06088
Applicant’s
Assessment
3.1B
6.3B
6.4A
-
Agency’s
Assessment
3.1B
6.1E
6.3B
6.4A
9.1A
Page 3 of 70
Table 4.4: Summary of HSNO classification of DAP Diffuser
Hazardous Property
Acute toxicity – aspiration hazard
Skin irritancy
Aquatic ecotoxicity
Applicant’s
Assessment
6.3B
9.1B
Agency’s
Assessment
6.1E
6.3B
9.1A
Default controls
4.4
The Committee considered that, in the E&R Report, the Agency correctly assigned
default controls as set out in the HSNO Regulations. The default controls were
used as the reference for subsequent consideration of the application; they are
identified in the E&R Report (Tables 8.1 – 8.4) and are not reproduced here.
Identification and assessment of the risks, costs and benefits of the
substances
4.5
The Committee identified potentially non-negligible risks, costs and benefits with
reference to clauses 9 and 11, which incorporate relevant material from sections 2,
5, 6, and 8.
Risks
4.6
The risks posed to the biological and physical environment by each of the
pheromone products relate to their toxicity in the aquatic environment. The
Feliway Diffuser, DAP Spray and DAP Diffuser products are each classified as
being very ecotoxic in the aquatic environment (9.1A) while Feliway Spray is
classified as being slightly harmful to the aquatic environment (9.1D). Given that
each of these products is intended for use in relatively small quantities (with the
Spray products being sold in 60 mL glass bottles and the Diffuser products being
sold in 48 mL plastic vials) it was considered that the risks to the environment
during use are negligible. The Committee considers that during other stages of the
products’ lifecycles, the risks to the environment are negligible to low with the
controls in place.
4.7
The risks posed by each of the four pheromone products to human health and
safety relate to their potential to cause irritation, with each of the four products
classified as being irritating to the skin (6.3B) and both the Feliway Spray and DAP
Spray products additionally classified as being irritating to the eye (6.4A). While the
likelihood of exposure and resulting adverse effects in relation to the irritancy
hazards was considered to be slightly greater during use than during any other stage
of the lifecycle for each of the four products, given the magnitude of the adverse
effects, the overall level of risk is considered to be negligible.
4.8
The Committee notes that the Feliway Diffuser, DAP Spray and DAP Diffuser
products pose an aspiration hazard ingested via the oral route (6.1E). In addition
to its classification as an aspiration hazard, DAP Spray is considered to be acutely
toxic via the oral route. Bearing in mind that a very large dose of DAP spray would
need to be ingested in order for a lethal effect to occur, the Committee considers
that the risks associated with the acute toxicity hazards for each of these three
products are negligible to very low.
ERMA New Zealand Decision: Application HSR06088
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4.9
In addition to their ecotoxic and toxic hazard classifications, Feliway Spray and
DAP Spray were both classified as being flammable (3.1B - high hazard). The risks
associated with the flammability of these two products were considered throughout
the lifecycle, in terms of both the environmental risk and the risk to human health
and safety. Given the controls in place, and the limited quantities being handled
during the use stage of the lifecycle, the Committee considers that these risks are
negligible to low.
4.10
The Committee does not expect there to be any adverse impacts on the social or
economic environment with the controlled use of either Feliway Spray, Feliway
Diffuser, DAP Spray or DAP Diffuser. The Committee is unaware of any likely
impact that these substances could have on Māori culture or traditional
relationships with ancestral lands, water, sites, wāhi tapu, valued flora and fauna or
other taonga. The Committee has no evidence to suggest that the controlled use of
any of the four pheromone products considered in this application will breach the
principles of the Treaty of Waitangi.
Costs
4.11
A “cost” is defined in Regulation 2 of the Methodology as “the value of a particular
adverse effect expressed in monetary or non-monetary terms”. These have been
assessed in an integrated fashion together with the risks in the assessment above.
4.12
The Methodology and the Act both call for consideration of monetary and nonmonetary costs (clause 13 and section 9). The Committee is satisfied that there are
no significant costs that will result from the release of these substances.
Benefits
4.13
A “benefit” is defined in Regulation 2 of the Methodology as “the value of a
particular positive effect expressed in monetary or non-monetary terms”. Benefits
that may arise from any of the matters set out in clauses 9 and 11 were considered
in terms of clause 13.
4.14
There are potentially significant benefits associated with the manufacture of these
substances arising from increased choice for the end user and increased profits for
and employment opportunities within Ceva Animal Health New Zealand Limited.
The applicant has identified that the product will benefit animal welfare as it is
designed to evoke a sense of calm and well-being in cats and dogs in times of stress.
4.15
The Committee is unable to place an expected value on the benefits (clause 13(b))
but is satisfied that the ability of the substances to enter the market could give rise
to the associated benefits.
Additional controls under section 77A
4.16
Under section 77A, the Authority may impose as controls any obligations and
restrictions that it thinks fit. Before imposing a control under this section, the
Authority must be satisfied that, against any other specified controls that apply to
the substance:
(a) the proposed control is more effective in terms of its effect on the
management, use and risks of the substance; or
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(b) the proposed control is more cost-effective in terms of its effect on the
management, use and risks of the substance; or
(c) the proposed control is more likely to achieve its purpose.
4.17
The following additional controls have been applied to Feliway Spray under section
77A.
4.17.1
4.18
The following additional controls have been applied to Feliway Diffuser under
section 77A.
4.18.1
4.19
“The controls relating to stationary container systems, secondary containment and
unintended ignition of flammable substances, as set out in Schedules 8, 9 and 10 of the
Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer
Notice 2004 (Supplement to the New Zealand Gazette, 26 March 2004, No. 35,
page 767), as amended, are proposed for this substance, notwithstanding clause 1(1) of
Schedules 8 and 9 and clause 1 of Schedule 10.”
The following additional controls have been applied to DAP Diffuser under section
77A.
4.20.1
4.21
"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 2004 (Supplement to the New Zealand Gazette, 26 March 2004, No. 35,
page 767), as amended, are proposed for this substance, notwithstanding clause 1(1) of
that schedule.”
The following additional controls have been applied to DAP Spray under section
77A.
4.19.1
4.20
“The controls relating to stationary container systems, secondary containment and
unintended ignition of flammable substances, as set out in Schedules 8, 9 and 10 of the
Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer
Notice 2004 (Supplement to the New Zealand Gazette, 26 March 2004, No. 35,
page 767), as amended, are proposed for this substance, notwithstanding clause 1(1) of
Schedules 8 and 9 and clause 1 of Schedule 10.”
"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 2004 (Supplement to the New Zealand Gazette, 26 March 2004, No. 35,
page 767), as amended, are proposed for this substance, notwithstanding clause 1(1) of
that schedule.”
The Committee considers that these controls are relevant to these substances, and
notes that no other such controls have been specified under the Act. In accordance
with section 77A(4)(a), the Committee is 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 Feliway Spray, Feliway Diffuser, DAP Spray
or DAP Diffuser.
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Variation of Controls under Section 77
4.22
Under section 77(3), (4) and (5), the default controls determined by the hazardous
properties of the substance may be varied.
4.23
The applicant was given an opportunity to comment on the proposed controls as
set out in the E&R Report (clause 35(b). The applicant had no comments to make
regarding the controls.
4.24
The Committee decided that the following variations shall apply to the Feliway
Spray, Feliway Diffuser, DAP Spray and DAP Diffuser:
4.24.1
Control T1 relates to the requirement to limit public exposure to toxic
substances by the setting of Tolerable Exposure Limits (TELs), which are
derived from Acceptable Daily Exposure (ADE) values. As the
requirements of Regulation 11 are not met, ADEs are not required to be
set for any components of these substances. Consequently, the
Committee has not set any TEL values for Feliway Spray, Feliway
Diffuser, DAP Spray or DAP Diffuser.
4.24.2
Control T2 relates to the requirement to limit worker exposure to toxic
substances by the setting of Workplace Exposure Standards (WESs). The
Committee considers that the following WES values for components of
Feliway Spray and DAP Spray should be adopted:
Substance
Feliway Spray
Feliway Diffuser
DAP Diffuser
DAP Spray
4.24.3
Components
Component DFeliway Spray
Component HDAP Spray
The Committee notes that Department of Labour WES values have been
set for components of Feliway Spray, Feliway Diffuser, DAP Spray and
DAP Diffuser but considers that they should not be applied to these
substances due to the low concentration of the components in the
substances:
Substance
Feliway Spray
Feliway Diffuser
DAP Diffuser
DAP Spray
Components
Component AFeliway DIffuser
Component BDAP Diffuser
Component BDAP Spray
4.24.4
Controls T4 and E6 both relate to requirements for equipment used to
handle hazardous substances, and thus are combined under section 77(5)
for Feliway Spray, Feliway Diffuser, DAP Spray and DAP Diffuser.
4.24.5
Control E1 relates to the requirements to limit exposure to non-target
organisms in the environment by the setting of Environmental Exposure
Limits (EELs). The Committee has not set any EELs for any components
of Feliway Spray, Feliway Diffuser, DAP Spray, or DAP Diffuser given
ERMA New Zealand Decision: Application HSR06088
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the use pattern of the substances, and has deleted the default values under
section 77(4)(a).
4.24.6
Control E7 relates to requirements for ecotoxic substances to be under
the control of an approved handler. This control is triggered for Feliway
Diffuser, DAP Spray and DAP Diffuser. Given that the products are
intended for use by veterinarians and pet owners, the Committee
considers that the requirements specified by the E7 control would be
unduly onerous and therefore this control is deleted for Feliway Diffuser,
DAP Spray and DAP Diffuser under section 77(4)(b), so that the benefits
of the substances can be retained without significantly increasing the risks.
Similarly, the Committee has deleted the AH1 control for Feliway
Diffuser and DAP Diffuser. The Committee notes that the AH1 control
is retained for Feliway Spray and DAP Spray at certain points of the
lifecycle, due to the flammability of these two products (refer to F4
control).
4.24.7
Controls P3, P5, P13 and P15 each relate to requirements for packaging
hazardous substances, and thus are combined under section 77(5) for
DAP Spray.
4.24.8
Controls P3, P5 and P13 are combined under section 77(5) for Feliway
Spray.
4.24.9
Controls P3, P13 and P15 are combined under section 77(5) for Feliway
Diffuser and DAP Diffuser.
4.24.10
Controls D2, D4 and D5 all relate to disposal requirements, and are
combined under section 77(5) for Feliway Spray and DAP Spray.
4.24.11
Controls D4 and D5 are combined under section 77(5) for Feliway
Diffuser and DAP Diffuser.
4.24.12
Control TR1 relates to the requirements for a substance to be tracked.
Given that the products are intended for use by veterinarians and pet
owners, the Committee considers that tracking requirements would be
unduly onerous and therefore this have deleted this control under section
77(4)(b) so that the benefits of the substances can be retained without
significantly increasing the risks.
4.24.13
Feliway Spray, Feliway Diffuser, DAP Spray and DAP Diffuser are
intended for use by domestic pet owners. Given that the four pheromone
products will be packaged individually in containers holding less than 100
mL, the Committee has deleted the requirements for priority and
secondary identifiers for ecotoxic substances (control codes I3 and I11)
under section 77(4)(a) for Feliway Diffuser, DAP Spray and DAP
Diffuser. The Committee notes that of the two controls codes, only I11
was triggered for Feliway Spray. The Committee has deleted this control
under section 77(4)(a).
ERMA New Zealand Decision: Application HSR06088
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Establishment of the approach to risk in the light of risk characteristics
4.25
Clause 33 requires the Authority, when considering applications, to have regard for
the extent to which a specified set of risk characteristics exist. The intention of this
provision is to provide a route for determining how cautious or risk averse the
Authority should be in weighing up risks and costs against benefits.
Overall evaluation of risks, costs and benefits
4.26
Having regard to clauses 22 and 34 and in accordance with the tests in clause 27
and section 29, risks, costs and benefits were evaluated taking account of all
proposed controls including default controls plus proposed variations to the
controls.
4.27
Clause 34 sets out the approaches available to the Authority in evaluating the
combined impact of risks, costs and benefits (i.e. weighing up risks, costs and
benefits).
4.28
The Committee is satisfied that the risks to the environment throughout the
lifecycles of each of the four pheromone products are negligible to low with the
controls in place. The Committee is also satisfied that the overall risks to human
health are negligible to very low throughout the substances’ lifecycles provided that
all relevant controls and mitigation measures are followed.
4.29
The Committee does not expect there to be any adverse impacts on the social or
economic environment, or on Māori culture or traditional relationships with
ancestral lands, water, sites, wāhi tapu, valued flora and fauna or other taonga with
the controlled use of Feliway Spray, Feliway Diffuser, DAP Spray or DAP Diffuser.
4.30
On the basis of the risk assessment, taking into account the approved handler
requirements and additional controls set under section 77A, the Committee
considers that, overall the risks and costs associated with Feliway Spray, Feliway
Diffuser, DAP Spray or DAP Diffuser will be outweighed by the benefits offered.
Recommendations
4.31
The Committee recommends that, should inappropriate or accidental misuse,
transport or disposal of Feliway Spray, Feliway Diffuser, DAP Spray or DAP
Diffuser result in the contamination of waterways, the appropriate authorities,
including the relevant iwi authorities in the region, should be notified. This action
should include advising them of the contamination and the measures taken in
response.
Environmental User Charges
4.32
The Committee considers that the application of controls to Feliway Spray, Feliway
Diffuser, DAP Spray or DAP Diffuser will provide an effective means of managing
the risks associated with this substance. At this time no consideration has been
given to whether or not environmental charges should be applied to this substance
as an alternative or additional means of achieving effective risk management.
ERMA New Zealand Decision: Application HSR06088
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5
Decision
5.1
Pursuant to section 29, the Committee has considered this application to import a
hazardous substance made under section 28.
5.2
The Committee is satisfied that the default controls, as varied under paragraph 4.26,
and the additional controls, set under Paragraphs 4.19 to 4.23, will be adequate to
manage the adverse effects of the hazardous substances.
5.3
Having considered all the possible effects of the hazardous substance in accordance
with section 29, pursuant to clause 27, based on consideration and analysis of the
information provided, and taking into account the application of controls, the view
of the Committee is that Feliway Spray, Feliway Diffuser, DAP Spray or DAP
Diffuser pose insignificant to very low risks to human health and insignificant to
low risks to the environment with the controls in place.
5.4
Consequently, the Committee considers that the benefits associated with the
substances outweigh the potential risks and costs.
5.5
In accordance with clause 36(2)(b), the Committee records that, in reaching this
conclusion, it has applied the balancing tests in section 29 and clause 27.
5.6
It has also applied the following criteria in the Methodology:
 clause 9 – equivalent of sections 5, 6 and 8;
 clause 11 – characteristics of substance;
 clause 12 – evaluation of assessment of risks;
 clause 13 – evaluation of assessment of costs and benefits;
 clause 14 – costs and benefits accruing to New Zealand
 clause 21 – the decision accords with the requirements and regulations;
 clause 22 – the evaluation of risks, costs and benefits – relevant considerations;
 clause 24 – the use of recognised risk identification, assessment, evaluation and
management techniques;
 clause 25 – the evaluation of risks;
 clause 27 – risks and costs are outweighed by benefits;
 clause 33 – risk characteristics;
 clause 34 – the aggregation and comparison of risks, costs and benefits; and
 clause 35 – the costs and benefits of varying the default controls.
5.7
The application for importation and manufacture of the hazardous substances,
Feliway Spray, Feliway Diffuser, DAP Spray and DAP Diffuser are thus approved,
with controls listed in Appendix 1.
5.8
Tony Haggerty
Date: 19 December 2006
Chair
ERMA New Zealand Approval Code:
HSR007686
HSR007687
HSR007688
HSR007689
ERMA New Zealand Decision: Application HSR06088
DAP Diffuser
Dap Spray
Feliway Diffuser
Feliway Spray
Page 10 of 70
Appendix 1: List of Controls that apply to Feliway Spray, Feliway
Diffuser, DAP Spray and DAP Diffuser
Note: The control explanations as listed below have been provided as guidance only and do not have legal standing.
Please refer to the regulations for the requirements prescribed for each control and the modifications listed set out in
section 4 of this document.
Table A1.1: Controls for Feliway Spray – codes and explanations
Control
Code1
Regulation2 Explanation3
Hazardous Substances (Classes 1 to 5 Control Regulations) Regulations 2001 -Toxic
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 flammable substances, that test certificate must be issued by
an approved test certifier and must typically be renewed yearly.
However, the Authority can, on request by the persons required to
obtain the test certificate, extend the time period to three years.
F2
8
General public transportation restrictions and requirements for
all class 1 to 5 substances
The maximum quantity per package of Feliway Spray permitted to be
carried on passenger service vehicles is 1 L.
F3
55
General limits on flammable substances
Feliway Spray must be held at a hazardous substance location or
transit depot as appropriate, when present at a place for longer than
18 hours and in a quantity greater than:
Quantity beyond which
controls apply for closed
containers
100 L in containers greater
than 5 L
250 L in containers up to an
including 5 L
F4
56
Quantity beyond which
controls apply when use
occurring in open
containers
50 L
50 L
Approved handler requirements
Feliway Spray must generally be under the personal control of an
approved handler or secured to a specified standard, when held in
quantities greater than:
 250 L when in containers greater than 5 L; or
 500 L when in containers up to and including 5 L.
However, Feliway Spray may be handled by a person who is not an
approved handler if:
 the approved handler has provided guidance to the person in
respect of handling; and
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.
ERMA New Zealand Decision: Application HSR06088
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Control
Code1
F5
Regulation2
58-59
Explanation3
 the approved handler is available at all times to provide
assistance if necessary.
It should be noted that any person handling any quantity of Feliway
Spray 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)].
Requirements for hazardous atmosphere zones for class 2.1.1,
class 2.1.2 and class 3.1 substances.
A hazardous atmosphere zone must be established for Feliway Spray
when present in quantities greater than:
 100 L (closed);
 25 L (decanting);
 5 L (open occasionally)
 1 L (if in open container for continuous use).
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.
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 Feliway Spray. 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
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Control
Code1
F11
F12
Regulation2
76
77
Explanation3
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 Feliway
Spray 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 Feliway
Spray, there is a requirement to ensure that the substance does not
come into contact with any incompatible substance or material.
There is also a requirement that packages of incompatible substances
are held separately. Feliway Spray is incompatible with all Class
1, 2, 3.2, 4 and 5 substances.
This regulation does not apply to substances that are located on a
vehicle, ship or aircraft if they are segregated in accordance with the
Land Transport Rules, the Maritime Rules or the Civil Aviation Rules
as relevant.
Requirement to establish a hazardous substance location if
flammable substances are present
A hazardous substance location must be established, when Feliway
Spray is held for a period exceeding either 18 hours.
in quantities greater than:
Quantity beyond which
controls apply for closed
containers
100 L in containers greater
than 5 L
250 L in containers up to an
including 5 L
F14
81
Quantity beyond which
controls apply when use
occurring in open
containers
50 L
50 L
Within such zones, there is a requirement for the person in charge
to:
 notify the responsible enforcement authority of the locality and
capacity of the hazardous substance location;
 where relevant, ensure that the substances will be under the
control of an approved handler and that the requirements of
regulation 56 are met;
 ensure that any location test certification requirements are met;
 ensure that a site plan is available for inspection;
 establish and manage a hazardous atmosphere zone when
required (as prescribed by regulation 58).
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 Feliway Spray is
present at any hazardous substance location when in quantities
greater than:
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Quantity beyond which
controls apply for closed
containers
100 L in containers greater
than 5 L
250 L in containers up to an
including 5 L
F16
83
Quantity beyond which
controls apply when use
occurring in open
containers
50 L
50 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 hazardous substances (in
containers that remain unopened) for a period of up to three days,
but for periods that are more than 18 hours.
Whenever Feliway Spray is held at a transit depot in quantities
exceeding
Quantity beyond which
controls apply for closed
containers
100 L in containers greater
than 5 L
250 L in containers up to an
including 5 L
Quantity beyond which
controls apply when use
occurring in open
containers
50 L
50 L
there is a requirement for the person in charge to:
 notify the responsible enforcement authority of the locality and
capacity of the hazardous substance location;
 where relevant, ensure that Feliway Spray will be under the
control of an approved handler;
 ensure that any road vehicle loaded with containers of Feliway
Spray is not less than 3 m from any other vehicle or container
containing compatible hazardous substances, and not less than 5
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m from any other vehicle or container containing incompatible
hazardous substances;
 ensure that containers of Feliway Spray held in the transit depot
(but not loaded onto a vehicle) are not less than 5 m from
containers of incompatible substances;
 ensure that Feliway Spray remains in its containers and the
containers remain closed;
 ensure the safety of any electrical equipment;
 comply with any signage requirements;
 comply with relevant parts of other Acts and Regulations, e.g.
Electricity Act 1992, HSE (Mining Underground Regulations)
1999 or Civil Aviation Rules.
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 -Toxic Property
Controls
T1
11-27
Limiting exposure to toxic substances
This control relates to limiting public exposure to toxic substances
through the setting of tolerable exposure limits (TELs). A TEL
represents the maximum allowable concentration of a substance
legally allowable in a particular environmental medium. TEL values
are established by the Authority and are enforceable controls under
the HSNO Act. TELs are derived from potential daily exposure
(PDE) values, which in turn are derived from acceptable daily
exposure (ADE)/reference dose (RfD) values.
An ADE / RfD value must be set for a toxic substance if:
 it is likely to be present in an environmental medium (air, water,
soil or a surface that the substance may be deposited onto) or
food or other matter that might be ingested; and
 it is a substance to which people are likely to be exposed to
during their lifetime; and
 exposure is likely to result in an appreciable toxic effect.
If an ADE/RfD value is set for a substance, a PDE for each
exposure route must also be set for the substance. The PDE is a
measure of the relative likelihood of a person actually being exposed
to the substance through a particular exposure route given daily living
patterns.
T2
T4/E6
29, 30
7
No ADE or TEL values are set for Feliway Spray at this time.
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.
The WES value set by the Department of Labour for
Component D of Feliway Spray is to be adopted.
Requirements for equipment used to handle hazardous
substances
Any equipment used to handle Feliway Spray (e.g. spray equipment)
must retain and/or dispense the substance in the manner intended,
i.e. without leakage, and must be accompanied by sufficient
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information so that this can be achieved.
T7
10
Restrictions on the carriage of hazardous substances on
passenger service vehicles
In order to limit the potential for public exposure to hazardous
substances, the maximum quantity per package of Feliway Spray
permitted to be carried on passenger service vehicles is 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.
E2
Regulation2
46-48
No EEL values are set at this time for Feliway Spray.
Restrictions on use within application area
These Regulations relate to controls on application areas. An
application (target) area is an area that the person using the substance
either has control over or is otherwise authorised to apply the
substance to. For ecotoxic substances that are intentionally released
into the environment (e.g. pesticides), any EEL controls will not
apply within the application (target) area providing the substance is
applied at a rate that does not exceed the allowed application rate. In
addition, any approved handler controls (T6, Regulation 9) do not
apply once the substance has been applied or laid.
In recognition of the need to limit adverse effects within the target
area, Regulations have been prescribed to restrict the use of the
substance within the target area. These include a requirement to set
an application rate for any substance designed for biocidal action for
which an EEL has been set. The application rate must not be greater
than the application rate specified in the application for approval, or
not greater than a rate calculated in a similar manner to that used to
calculate EELs (with the proviso that the product of the uncertainty
factors must not exceed 100).
No maximum application rate is set for Feliway Spray at this
time.
Hazardous Substances (Identification) Regulations 2001
The Identification Regulations prescribe requirements with regard to
identification of Feliway Spray, in terms of:
 information that must be “immediately available” (i.e. priority
and secondary identifiers), which is generally provided by way of
the product label;
 documentation that must be available in the workplace, which is
generally provided by way of SDS;
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 signage at a place where there is a large quantity of Feliway Spray.
6, 7, 32-35,
36 (1)-(7)
General identification requirements
These controls relate to the duties of suppliers and persons in charge
of Feliway Spray with respect to identification (essentially labelling)
(Regulations 6 and 7), accessibility of the required information
(Regulations 32 and 33) and presentation of the required information
with respect to comprehensibility, clarity and durability (Regulations
34, 35, 36(1)-(7))
Regulation 6 – Identification duties of suppliers
Suppliers of Feliway Spray 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 Feliway Spray 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;
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I5
11
I9
18
I13
22
I16
25
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 flammable substances
This requirement specifies that Feliway Spray must be prominently
identified as being flammable. In addition, the following information
must be provided:
 an indication that Feliway Spray is a liquid; and
 its general degree of flammability hazard (e.g. highly 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.
Secondary identifiers for all hazardous substances
This control relates to detail required on the product label for
Feliway Spray. This information must be accessible within 10
seconds (Regulation 33) and could be provided on secondary panels
on the product label. The following information is required:
 an indication (which may include its common name, chemical
name, or registered trade name) that unequivocally identifies it;
and
 enough information to enable its New Zealand importer,
supplier, or manufacturer to be contacted, either in person or by
telephone; and
 in the case of a substance which, when in a closed container, is
likely to become more hazardous over time or develop additional
hazardous properties, or become a hazardous substance of a
different class or subclass, a description of each likely change and
the date by which it is likely to occur.
Secondary identifiers for flammable substances
This control relates to the additional label detail required for Feliway
Spray. 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 on the
Feliway Spray label:
 an indication of its general type and degree of flammable hazard
(e.g. highly 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 toxic
substances. 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;
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29-31
Explanation3
 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.
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 Feliway Spray is contained in fixed bulk containers or bulk
transport containers.
Regulation 29(1) specifies that for fixed bulk containers, it is
sufficient compliance if there is available at all times to people near
the container, information that identifies the type and general degree
of hazard of Feliway Spray.
Regulation 29(2) specifies that for bulk transport containers, it is
sufficient compliance if Feliway Spray 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 Feliway Spray is in
multiple packaging and the outer packaging obscures some or all of
the required substance information. In such cases, the outer
packaging must:
 be clearly labelled with all relevant priority identifier information
(i.e. the hazardous properties of the substance must be
identified); or
 be labelled or marked in compliance with either the Land
Transport Rule 45001, Civil Aviation Act 1990 or the Maritime
Safety Act 1994 as relevant; or
 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.
I21
37-39, 47-50
Regulation 31 – Alternative information when substances are
imported
This Regulation relates to alternative information requirements for
Feliway Spray when imported into New Zealand in a closed package
or in a freight container and will be transported to its destination
without being removed from that package or container. In these
situations, it is sufficient compliance with HSNO if the package or
container is labelled or marked in compliance with the requirements
of the Land Transport Rule 45001.
Documentation required in places of work
These controls relate to the duties of suppliers and persons in charge
of places of work with respect to provision of documentation
(essentially Safety Data Sheets) (Regulations 37, 38 and 50); the
general content requirements of the documentation (Regulation 39
and 47); the accessibility and presentation of the required
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documentation with respect to comprehensibility and clarity
(Regulation 48).
These controls are triggered when Feliway Spray is held in the
workplace in quantities equal to or greater than 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 Feliway Spray in quantities equal to or greater than 1 L to
another person, 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 Feliway Spray is
present in quantities equal to or greater than 1 L, 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 Feliway Spray belongs to a class or
subclass it does not in fact belong to.
Regulation 39 – General content requirements for documentation
The documentation provided with Feliway Spray must include the
following information:
 the unequivocal identity of Feliway Spray (e.g. the CAS number,
chemical name, common name, UN number, registered trade
names);
 a description of the physical state, colour and odour of Feliway
Spray;
 if the physical state of Feliway Spray 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 that Feliway Spray, 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 Ceva Animal Health New Zealand Limited;
 all emergency management and disposal information required for
Feliway Spray;
 the date on which the documentation was prepared.
Regulation 47 – Information not included in approval
This Regulation relates to the provision of specific documentation
information (e.g. as provided on an SDS). If information required by
Regulations 39 to 46 was not included in the information used for
the approval of the substance by the Authority, it is sufficient
compliance with those Regulations if reference is made to that
information requirement along with a comment indicating that such
information is not applicable to Feliway Spray.
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Regulation 48 – Location and presentation requirements for
documentation
All required documentation must be available to a person handling
Feliway Spray in a place of work within 10 minutes. The
documentation must be readily understandable by any fully-trained
worker required to have access to it and must be easily read, under
normal lighting conditions, at a distance of not less than 0.3 m.
Regulation 49 – Documentation requirements for vehicles
This Regulation provides for the option of complying with
documentation requirements as specified in the various Land, Sea
and Air transport rules when Feliway Spray is being transported.
I25
43
I28
46
I29
51-52
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 flammable substances
The documentation provided with Feliway Spray 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 Feliway Spray 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;
 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
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content, presentation and positioning at places where Feliway Spray
is held in quantities exceeding 250 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).
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 Feliway Spray must ensure that, when the package is
closed, there is no visible release of the substance, and that it
maintains its ability to retain its contents in temperatures from –10oC
to +50oC. The packaging must also maintain its ability to retain its
remaining contents if part of the contents is removed from the
package and the packaging is then re-closed. The packaging in direct
contact with the substance must not be significantly affected or
weakened by contact with the substance such that the foregoing
requirements cannot be met.
Regulation 6 – Packaging markings
Packages containing Feliway Spray 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 Feliway Spray, 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.
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Regulation 8 – Compatibility
Feliway Spray 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 Feliway Spray 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.
P3
P5
P13
9
11
19
“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 Hazardous substances (Dangerous Goods and
Scheduled Toxic Substances) Transfer Notice 2004.
Packaging requirements for Feliway Spray
 Feliway Spray that is packaged in quantities of more than 1 L
must be packaged according to Schedule 2 (UN PGII, but must
be packaged according to Schedule 2 or 4 when in quantities
equal to or less than 1 L.

Packages containing less than 0.1 L of Feliway Spray do not have
to comply with the drop test performance standard contained in
Schedule 4 provided the packaging complies with the
requirements of regulations 5(1) (a), (b) and (e), and there is a
warning statement on the outside of the package that the package
may not withstand a drop of 0.5 m [Regulation 9 (3), (4), and
(5)].

Feliway Spray 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.
PG2
Schedule 2
This schedule describes the (minimum) packaging requirements that
must be complied with for Feliway Spray when packaged in
quantities of more than 1 L. The tests in Schedule 2 correlate to the
packaging requirements of UN Packing Group II (UN PGII).
PS4
Schedule 4
This schedule describes the minimum packaging requirements that
must be complied with for Feliway Spray when packaged in
quantities equal to or less than 1 L.
Hazardous Substances (Disposal) Regulations 2001
D2
6
Disposal requirements for Feliway Spray
D4
8
Feliway Spray must be disposed of by:
D5
9
 treating the substance so that it is no longer a hazardous
substance, including depositing the substance in a landfill,
incinerator or sewage facility. However, this does not include
dilution of the substance with any other substance prior to
discharge to the environment; or
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10
D7
11, 12
D8
13, 14
Explanation3
 exporting the substance from New Zealand as a hazardous
waste.
However, there is provision for Feliway Spray to be discharged into
the environment as waste or deposited in a landfill, provided the
discharge location is managed so that:
 the substance will not at any time come into contact with any
substances with explosive or oxidising properties; and
 there is no ignition source in the vicinity of the disposal site; and
 in the event of an accidental fire, harm to people or the
environment does not occur – the performance requirements for
this are set out in Regulation 6(3)(b) of the Disposal Regulations.
 after reasonable mixing, the concentration of the substance in
any part of the environment outside the mixing zone does not
exceed any TEL (tolerable exposure limit) or EEL
(environmental exposure limit) set by the Authority for that
substance.
Disposal requirements for packages
This control gives the disposal requirements for packages that
contained Feliway Spray and are no longer to be used for that
purpose. Such packages must be either decontaminated/treated or
rendered incapable of containing any substance (hazardous or
otherwise) and then disposed of in a manner that is consistent with
the disposal requirements for the substance. In addition, the manner
of disposal must take into account the material that the package is
manufactured from.
Disposal information requirements
These controls relate to the provision of information concerning
disposal (essentially on the label) that must be provided when selling
or supplying a quantity of Feliway Spray that exceeds 0.1 L. 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 an SDS) that must be provided when selling or
supplying a quantity of Feliway Spray that exceeds 1 L.
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).
ERMA New Zealand Decision: Application HSR06088
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Control
Code1
Regulation2 Explanation3
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
Feliway Spray when present in quantities equal to or greater than
0.1 L.
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 Feliway Spray is
present in quantities equal to or greater than 0.1 L:
 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 when Feliway Spray is
present in quantities equal to or greater than 0.1 L:
 a description of the parts of the environment likely to be
immediately affected by it;
 a description of its typical effects on those parts of the
environment;
 a statement of any immediate actions that may be taken to
prevent the substance from entering or affecting those parts of
the environment.
Level 2 emergency management documentation requirements
These controls relate to the duties of suppliers and persons in charge
of places of work with respect to the provision of emergency
management documentation (essentially Safety Data Sheets). This
documentation must be provided where Feliway Spray is sold or
supplied, or held in a workplace, in quantities equal to or greater than
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.
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
ERMA New Zealand Decision: Application HSR06088
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Control
Code1
Regulation2
EM9
17
EM10
21-24
EM11
EM12
25-34
35-41
Explanation3
required by the Identification regulations (code I21).
Specific documentation requirements for flammable substances
There is an additional requirement for Feliway Spray 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 Feliway Spray is held in a
place of work in quantities greater than 250 L, must have 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 hazardous substances are held (or reasonably likely to be held
on occasion) in quantities greater than 1000 L.
The emergency response plan must describe all of the likely
emergencies that may arise from the breach or failure of controls.
The type of information that is required to be included in the plan is
specified in Regulations 29 to 30. Requirements relating to the
availability of equipment, materials and people are provided in
Regulation 31, requirements regarding the availability of the plan are
provided in Regulation 32 and requirements for testing the plan are
described in Regulation 33.
Level 3 emergency management requirements – secondary
containment
These Regulations relate to the requirement for a secondary
containment system to be installed at any fixed location where
Feliway Spray is held in quantities equal to or greater than 1000 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
ERMA New Zealand Decision: Application HSR06088
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Control
Code1
Regulation2
EM13
42
Explanation3
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 hazardous substances are
held at quantities equal to or greater than 250 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
Feliway Spray is required to be under the control of an approved
handler as specified by control F4. 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.
Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004
Regulations 4 to 43 where The Hazardous Substances (Tank Wagons and Transportable
applicable
Containers) Regulations 2004 prescribe a number of controls relating
to tank wagons and transportable containers and must be complied
with as relevant.
Section 77A Additional Controls
The controls relating to stationary container systems, secondary containment and unintended
ignition of flammable substances, as set out in Schedules 8, 9 and 10 of the Hazardous Substances
(Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 (Supplement to the
New Zealand Gazette, 26 March 2004, No. 35, page 767), as amended, are proposed for this
substance, notwithstanding clause 1(1) of Schedules 8 and 9 and clause 1 of Schedule 10.
ERMA New Zealand Decision: Application HSR06088
Page 27 of 70
Table A1.2: Controls for Feliway Diffuser – codes and explanations
Control
Code4
Regulation5
Explanation6
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 -Toxic Property Controls
T1
11-27
Limiting exposure to toxic substances
This control relates to limiting public exposure to Feliway Diffuser
through the setting of tolerable exposure limits (TELs). A TEL
represents the maximum allowable concentration of a substance
legally allowable in a particular environmental medium. TEL values
are established by the Authority and are enforceable controls under
the HSNO Act. TELs are derived from potential daily exposure
(PDE) values, which in turn are derived from acceptable daily
exposure (ADE)/reference dose (RfD) values.
An ADE / RfD value must be set for a toxic substance if:
 it is likely to be present in an environmental medium (air,
water, soil or a surface that the substance may be deposited
onto) or food or other matter that might be ingested; and
 it is a substance to which people are likely to be exposed to
during their lifetime; and
 exposure is likely to result in an appreciable toxic effect.
If an ADE/RfD value is set for a substance, a PDE for each
exposure route must also be set for the substance. The PDE is a
measure of the relative likelihood of a person actually being
exposed to the substance through a particular exposure route given
daily living patterns.
T2
29, 30
T4, E6
7
T7
10
No TEL values are set for Feliway Diffuser at this time.
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.
No WES values are set for Feliway Diffuser at this time.
Requirements for equipment used to handle hazardous
substances
Any equipment used to handle Feliway Diffuser (e.g. spray
equipment) must retain and/or dispense the substance in the
manner intended, i.e. without leakage, and must be accompanied by
sufficient information so that this can be achieved.
Restrictions on the carriage of hazardous substances on
passenger service vehicles
 In order to limit the potential for public exposure to Feliway
Diffuser, the maximum quantity per package permitted to be
carried on passenger service vehicles is 10 L, as specified in
Schedule 2 of the Classes 6, 8 and 9 Control Regulations.
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.
ERMA New Zealand Decision: Application HSR06088
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Control
Code4
Regulation5
Explanation6
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
Feliway Diffuser 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.
E2
46-48
No EEL values are set for Feliway Diffuser at this time and
the requirement to set default EELs is deleted.
Restrictions on use within application area
These Regulations relate to controls on application areas. An
application (target) area is an area that the person using the
substance either has control over or is otherwise authorised to
apply the substance to. For ecotoxic substances that are
intentionally released into the environment (e.g. pesticides), any
EEL controls will not apply within the application (target) area
providing the substance is applied at a rate that does not exceed the
allowed application rate. In addition, any approved handler
controls (T6, Regulation 9) do not apply once the substance has
been applied or laid.
In recognition of the need to limit adverse effects within the target
area, Regulations have been prescribed to restrict the use of the
substance within the target area. These include a requirement to set
an application rate for any substance designed for biocidal action
for which an EEL has been set. The application rate must not be
greater than the application rate specified in the application for
approval, or not greater than a rate calculated in a similar manner to
that used to calculate EELs (with the proviso that the product of
the uncertainty factors must not exceed 100).
No maximum application rate is set for Feliway Diffuser at
this time.
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
ERMA New Zealand Decision: Application HSR06088
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Control
Code4
Regulation5
Explanation6
charge of Feliway Diffuser with respect to identification (essentially
labelling) (Regulations 6 and 7), accessibility of the required
information (Regulations 32 and 33) and presentation of the
required information with respect to comprehensibility, clarity and
durability (Regulations 34, 35, 36(1)-(7))
Regulation 6 – Identification duties of suppliers
Suppliers of Feliway Diffuser 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 Feliway Diffuser 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 requirements with respect to clarity must be able
to be met throughout the lifetime of the (packaged) substance
ERMA New Zealand Decision: Application HSR06088
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Control
Code4
Regulation5
I8
14
I9
18
I16
25
I19
29-31
Explanation6
under the normal conditions of storage, handling and use.
Priority identifiers for certain toxic substances
This requirement specifies that Feliway Diffuser (other than if it is
NOT intended to be sold to the general public) 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 Feliway Diffuser on the
product label. This information must be accessible within 10
seconds (Regulation 33) and could be provided on secondary
panels on the product label. The following information is required:
 an indication (which may include its common name, chemical
name, or registered trade name) that unequivocally identifies it;
and
 enough information to enable its New Zealand importer,
supplier, or manufacturer to be contacted, either in person or
by telephone; and
 in the case of a substance which, when in a closed container, is
likely to become more hazardous over time or develop
additional hazardous properties, or become a hazardous
substance of a different class or subclass, a description of each
likely change and the date by which it is likely to occur.
Secondary identifiers for toxic substances
This control relates to the additional label detail required for
Feliway Diffuser. 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, aspiration hazard);
 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.
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 Feliway Diffuser 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
ERMA New Zealand Decision: Application HSR06088
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Control
Code4
Regulation5
Explanation6
the container, information that identifies the type and general
degree of hazard of the substance.
Regulation 29(2) specifies that for bulk transport containers, it is
sufficient compliance if Feliway Diffuser are 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 Feliway Diffuser is in
multiple packaging and the outer packaging obscures some or all of
the required substance information. In such cases, the outer
packaging must:
 be clearly labelled with all relevant priority identifier
information i.e. the hazardous properties of the substance must
be identified; or
 be labelled or marked in compliance with either the Land
Transport Rule 45001, Civil Aviation Act 1990 or the Maritime
Safety Act 1994 as relevant; or
 in the case of an ecotoxic substance, it must bear the EU
pictogram “Dangerous to the Environment” (‘dead fish and
tree’ on orange background); or
 bear the relevant class or subclass label assigned by the UN
Model Regulations.
I21
37-39, 47-50
Regulation 31 – Alternative information when substances are
imported
This Regulation relates to alternative information requirements for
Feliway Diffuser that is imported into New Zealand in a closed
package or in a freight container and will be transported to its
destination without being removed from that package or container.
In these situations, it is sufficient compliance with HSNO if the
package or container is labelled or marked in compliance with the
requirements of the Land Transport Rule 45001.
Documentation required in places of work
These controls relate to the duties of suppliers and persons in
charge of places of work with respect to provision of
documentation (essentially Safety Data Sheets) (Regulations 37, 38
and 50); the general content requirements of the documentation
(Regulation 39 and 47); the accessibility and presentation of the
required documentation with respect to comprehensibility and
clarity (Regulation 48).
These controls are triggered when Feliway Diffuser is held in the
workplace in quantities equal to or greater than 5 L, as specified in
Schedule 2 of the Identification Regulations.
Regulation 37 – Documentation duties of suppliers
A supplier must provide documentation containing all relevant
information required by Regulations 39 to 48 when selling or
supplying to another person a quantity of Feliway Diffuser equal to
or greater than 5 L, as specified in Schedule 2 for that classification,
if the substance is to be used in a place of work and the supplier
has not previously provided the documentation to that person.
ERMA New Zealand Decision: Application HSR06088
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Control
Code4
Regulation5
Explanation6
Regulation 38 – Documentation duties of persons in charge of
places of work
The person in charge of any place of work where Feliway Diffuser
is present in quantities equal to or greater than 5 L, as 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 Feliway Diffuser 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;
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 substances 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.
ERMA New Zealand Decision: Application HSR06088
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Control
Code4
Regulation5
I23
41
I28
46
I29
51-52
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 Feliway Diffuser must include
the following information:
 its general degree and type of ecotoxic hazard (e.g. highly
ecotoxic in the aquatic environment);
 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 toxic substances
The documentation provided with Feliway Diffuser 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;
 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 hazardous
substances are held in quantities exceeding the amounts specified in
Schedule 3 of the Identification Regulations.
These requirements are triggered for Feliway Diffuser when held in
ERMA New Zealand Decision: Application HSR06088
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Control
Code4
Regulation5
Explanation6
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 Feliway Diffuser (other than it they are
NOT intended to be sold to members of the public) 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 Feliway Diffuser must ensure that, when the package
is closed, there is no visible release of the substance, and that it
maintains its ability to retain its contents in temperatures from –
10oC to +50oC. The packaging must also maintain its ability to
retain its remaining contents if part of the contents is removed
from the package and the packaging is then re-closed. The
packaging in direct contact with the substance must not be
significantly affected or weakened by contact with the substance
such that the foregoing requirements cannot be met.
Regulation 6 – Packaging markings
Packages containing Feliway Diffuser 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.
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Control
Code4
Regulation5
Explanation6
Regulation 7(1) – Requirements when packing hazardous substance
When packing Feliway Diffuser 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
Feliway Diffuser 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 Feliway Diffuser 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.
P3
P13
P15
9
19
21
“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 Hazardous substances (Dangerous Goods and
Scheduled Toxic Substances) Transfer Notice 2004.
Packaging requirements for Feliway Diffuser
 Feliway Diffuser must be packaged according to Schedule 3
(UN PGIII) when in quantities of more than 5 L, but must be
packaged according to either Schedule 3 or Schedule 4 when in
quantities equal to or less than 5 L.

Feliway Diffuser 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 than 5 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 5 L.
Hazardous Substances (Disposal) Regulations 2001
D4, D5
8, 9
Disposal requirements for Feliway Diffuser
Feliway Diffuser must be disposed of by:
 treating the substance so that it is no longer a hazardous
substance, including depositing the substance in a landfill,
incinerator or sewage facility. However, this does not include
dilution of the substance with any other substance prior to
discharge to the environment; or
 discharging the substance to the environment provided that
after reasonable mixing, the concentration of the substance in
ERMA New Zealand Decision: Application HSR06088
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Control
Code4
Regulation5
D6
10
D7
11, 12
D8
13, 14
Explanation6
any part of the environment outside the mixing zone does not
exceed any TEL (tolerable exposure limit) or any EEL
(environmental exposure limit) set by the Authority for that
substance; or
 exporting the substance from New Zealand as a hazardous
waste.
Disposal requirements for packages
This control gives the disposal requirements for packages that
contained Feliway Diffuser and are no longer to be used for that
purpose. Such packages must be either decontaminated/treated or
rendered incapable of containing any substance (hazardous or
otherwise) and then disposed of in a manner that is consistent with
the disposal requirements for the substance. In addition, the
manner of disposal must take into account the material that the
package is manufactured from.
Disposal information requirements
These controls relate to the provision of information concerning
disposal (essentially on the label) that must be provided when
selling or supplying a quantity of Feliway Diffuser that exceeds
0.1 L, as specified in Schedule 1 of the Disposal Regulations.
Information must be provided on appropriate methods of disposal
and information may be supplied warning of methods of disposal
that should be avoided, i.e. that would not comply with the
Disposal Regulations. Such information must be accessible to a
person handling the substance within 10 seconds and must comply
with the requirements for comprehensibility, clarity and durability
as described in Regulations 34-36 of the Identification Regulations
(code I1).
Disposal documentation requirements
These controls relate to the provision of documentation concerning
disposal (essentially in an SDS) that must be provided when selling
or supplying a quantity of Feliway Diffuser that exceeds 5 L, as
specified in Schedule 2 of the Disposal Regulations.
The documentation must describe one or more methods of
disposal (that comply with the Disposal Regulations) and describe
any precautions that must be taken. Such documentation must be
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
Feliway Diffuser when present in quantities equal to or greater than
0.1 L, as listed in Schedule 1 of the Emergency Management
Regulations.
Regulation 6 describes the duties of suppliers, Regulation 7
describes the duties of persons in charge of places, Regulation 9
describes the requirement for the availability of the information (10
ERMA New Zealand Decision: Application HSR06088
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Control
Code4
Regulation5
EM6
8(e)
EM7
8(f)
EM8
12-16, 18-20
Explanation6
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)).
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 Feliway
Diffuser is present in quantities equal to or greater than 1 L, as
specified in Schedule 1 of the Emergency Management Regulations:
 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 Feliway Diffuser
when present in quantities equal to or greater than 0.1 L, as listed in
Schedule 1 of the Emergency Management Regulations:
 a description of the parts of the environment likely to be
immediately affected by it;
 a description of its typical effects on those parts of the
environment;
 a statement of any immediate actions that may be taken to
prevent the substance from entering or affecting those parts of
the environment.
Level 2 emergency management documentation requirements
These controls relate to the duties of suppliers and persons in
charge of places of work with respect to the provision of
emergency management documentation (essentially Safety Data
Sheets). This documentation must be provided where Feliway
Diffuser are sold or supplied, or held in a workplace, in quantities
equal to or greater than 5 L, as specified in Schedule 2 of the
Emergency Management Regulations.
Regulations 12 and 13 describe the duties of suppliers, regulation
14 describes the duties of persons in charge of places of work,
regulation 15 provides for the option of complying with
documentation requirements of the transport rules when the
substance is being transported, and regulation 16 specifies
requirements for general contents of the documentation.
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).
Level 3 emergency management requirements – emergency
response plans
These Regulations relate to the requirement for an emergency
response plan to be available at any place (excluding aircraft or
ships) where hazardous substances are held (or reasonably likely to
be held on occasion) in quantities greater than those specified in
Schedule 4 of the Emergency Management Regulations.
ERMA New Zealand Decision: Application HSR06088
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Control
Code4
Regulation5
Explanation6
These requirements are triggered for Feliway Diffuser when they
are held in quantities greater than 100 L.
EM12
35-41
The emergency response plan must describe all of the likely
emergencies that may arise from the breach or failure of controls.
The type of information that is required to be included in the plan
is specified in Regulations 29 to 30. Requirements relating to the
availability of equipment, materials and people are provided in
Regulation 31, requirements regarding the availability of the plan
are provided in Regulation 32 and requirements for testing the plan
are described in Regulation 33.
Level 3 emergency management requirements – secondary
containment
These Regulations relate to the requirement for a secondary
containment system to be installed at any fixed location where
liquid (or liquefiable) hazardous substances are held in quantities
equal to or greater than those specified in Schedule 4 of the
Emergency Management Regulations.
These requirements are triggered for Feliway Diffuser when they
are 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 hazardous substances are
held at quantities equal to or greater than the quantities specified in
Schedule 5 of the Emergency Management Regulations.
These requirements are triggered for Feliway Diffuser when they
are held in 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 (Tank Wagons and Transportable Containers) Regulations 2004
Regulations 4 to 43 where
The Hazardous Substances (Tank Wagons and Transportable
applicable
Containers) Regulations 2004 prescribe a number of controls
ERMA New Zealand Decision: Application HSR06088
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Control
Code4
Regulation5
Explanation6
relating to tank wagons and transportable containers and must be
complied with as relevant.
Additional Controls set under s77A
NonSchedule 8,
The controls relating to stationary container systems, as set out in
flammable
DGTN March
Schedule 8 of the Hazardous Substances (Dangerous Goods and
liquids
2004
Scheduled Toxic Substances) Transfer Notice 2004 (Supplement to
the New Zealand Gazette, 26 March 2004, No. 35, page 767), as
amended, shall apply to this substance, notwithstanding clause 1(1)
of that schedule.
ERMA New Zealand Decision: Application HSR06088
Page 40 of 70
Table A1.3: Controls for DAP Spray – codes and explanations
Control
Code7
Regulation8
Explanation9
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 flammable substances, that test certificate must be issued by an
approved test certifier and must typically be renewed yearly. However,
the Authority can, on request by the persons required to obtain the test
certificate, extend the time period to three years.
F2
8
General public transportation restrictions and requirements for
DAP Spray
The maximum quantity per package of DAP Spray permitted to be
carried on passenger service vehicles is 1 L.
F3
55
General limits on flammable substances
Where DAP Spray is present at a place for longer than 18 hours, and in
a quantity that exceeds the levels as follows, that substance must be
held at a hazardous substance location or transit depot as appropriate:
Quantity beyond which
controls apply for closed
containers
100 L in containers greater
than 5 L
250 L in containers up to an
including 5 L
F4
56
Quantity beyond which
controls apply when use
occurring in open
containers
50 L
50 L
Approved handler requirements
When DAP Spray is held in quantities greater than:
 250 L (when in containers greater than 5 L)
 500 L (when in containers up to an including 5 L)
it must generally be under the personal control of an approved handler
or secured to a specified standard. However, the substance may be
handled by a person who is not an approved handler if:
 the approved handler has provided guidance to the person in
respect of handling; and
 the approved handler is available at all times to provide assistance if
necessary.
F5
58-59
It should be noted that any person handling any quantity of DAP Spray
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)].
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
7
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.
8
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.
9
These explanations are for guidance only. Refer to the cited Regulations for the formal specification, and for definitions and exemptions.
ERMA New Zealand Decision: Application HSR06088
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Control
Code7
Regulation8
Explanation9
wherever DAP Spray is present in quantities greater than:
 100 L (closed)
 25 L (decanting)
 5 L (open occasionally)
 1 L (if open container for continuous use)
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.
F6
F11
60-70
76
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 DAP Spray. 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 DAP Spray 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 DAP Spray,
there is a requirement to ensure that the substance does not come into
contact with any incompatible substance or material. There is also a
requirement that packages of incompatible substances are held
ERMA New Zealand Decision: Application HSR06088
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Control
Code7
F12
Regulation8
77
Explanation9
separately. DAP Spray is incompatible with all Class 1, 2, 3.2, 4
and 5 substances.
This regulation does not apply to substances that are located on a
vehicle, ship or aircraft if they are segregated in accordance with the
Land Transport Rules, the Maritime Rules or the Civil Aviation Rules
as relevant.
Requirement to establish a hazardous substance location if
flammable substances are present
There is a requirement to establish a hazardous substance location
where DAP Spray is present in quantities greater than
Quantity beyond which
controls apply for closed
containers
100 L in containers greater
than 5 L
250 L in containers up to an
including 5 L
Quantity beyond which
controls apply when use
occurring in open
containers
50 L
50 L
and held for a period exceeding either 18 hours.
F14
81
Within such zones, there is a requirement for the person in charge to:
 notify the responsible enforcement authority of the locality and
capacity of the hazardous substance location;
 where relevant, ensure that the substances will be under the control
of an approved handler and that the requirements of regulation 56
are met;
 ensure that any location test certification requirements are met;
 ensure that a site plan is available for inspection;
 establish and manage a hazardous atmosphere zone when required
(as prescribed by regulation 58).
Test certification requirements for facilities where class 2.1.1, 2.1.2
or 3.1 substances are present
There is a test certification requirement when DAP Spray is present at
any hazardous substance location when in quantities greater than those
specified in the table below:
Quantity beyond which
controls apply for closed
containers
100 L in containers greater
than 5 L
250 L in containers up to an
including 5 L
Quantity beyond which
controls apply when use
occurring in open
containers
50 L
50 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
ERMA New Zealand Decision: Application HSR06088
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Control
Code7
Regulation8
F16
83
Explanation9
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 hazardous substances (in
containers that remain unopened) for a period of up to three days, but
for periods that are more than 18 hours.
Whenever DAP Spray is held at a transit depot in quantities exceeding
Quantity beyond which
controls apply for closed
containers
100 L in containers greater
than 5 L
250 L in containers up to an
including 5 L
Quantity beyond which
controls apply when use
occurring in open
containers
50 L
50 L
there is a requirement for the person in charge to:
 notify the responsible enforcement authority of the locality and
capacity of the hazardous substance location;
 where relevant, ensure that DAP Spray will be under the control of
an approved handler;
 ensure that any road vehicle loaded with containers of DAP Spray
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 DAP Spray held in the transit depot (but
not loaded onto a vehicle) are not less than 5 m from containers of
incompatible substances;
 ensure that DAP Spray remains in its containers and the containers
remain closed;
 ensure the safety of any electrical equipment;
 comply with any signage requirements;
 comply with relevant parts of other Acts and Regulations, e.g.
Electricity Act 1992, HSE (Mining Underground Regulations) 1999
or Civil Aviation Rules.
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 -Toxic Property Controls
T1
11-27
Limiting exposure to toxic substances
This control relates to limiting public exposure to toxic substances
through the setting of tolerable exposure limits (TELs). A TEL
represents the maximum allowable concentration of a substance legally
ERMA New Zealand Decision: Application HSR06088
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Control
Code7
Regulation8
Explanation9
allowable in a particular environmental medium. TEL values are
established by the Authority and are enforceable controls under the
HSNO Act. TELs are derived from potential daily exposure (PDE)
values, which in turn are derived from acceptable daily exposure
(ADE)/reference dose (RfD) values.
An ADE / RfD value must be set for a toxic substance if:
 it is likely to be present in an environmental medium (air, water,
soil or a surface that the substance may be deposited onto) or food
or other matter that might be ingested; and
 it is a substance to which people are likely to be exposed to during
their lifetime; and
 exposure is likely to result in an appreciable toxic effect.
T2
29, 30
No TELs are set for DAP Spray at this time.
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.
The WES value set by the Department of Labour for Component
H of DAP Spray is adopted.
T4
7
Requirements for equipment used to handle hazardous
E6
7
substances
Any equipment used to handle toxic substances (e.g. spray equipment)
must retain and/or dispense the substance in the manner intended, i.e.
without leakage, and must be accompanied by sufficient information so
that this can be achieved.
T7
10
Restrictions on the carriage of hazardous substances on
passenger service vehicles
In order to limit the potential for public exposure to DAP Spray the
maximum quantity per package of DAP Spray permitted to be carried
on passenger service vehicles is 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.
No EEL values are set at this time for DAP Spray.
ERMA New Zealand Decision: Application HSR06088
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Control
Code7
E2
Regulation8
46-48
Explanation9
Restrictions on use within application area
These Regulations relate to controls on application areas. An
application (target) area is an area that the person using the substance
either has control over or is otherwise authorised to apply the substance
to. For ecotoxic substances that are intentionally released into the
environment (e.g. pesticides), any EEL controls will not apply within
the application (target) area providing the substance is applied at a rate
that does not exceed the allowed application rate. In addition, any
approved handler controls (T6, Regulation 9) do not apply once the
substance has been applied or laid.
In recognition of the need to limit adverse effects within the target area,
Regulations have been prescribed to restrict the use of the substance
within the target area. These include a requirement to set an
application rate for any substance designed for biocidal action for
which an EEL has been set. The application rate must not be greater
than the application rate specified in the application for approval, or
not greater than a rate calculated in a similar manner to that used to
calculate EELs (with the proviso that the product of the uncertainty
factors must not exceed 100).
No maximum application rate is set for DAP Spray at this time.
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
DAP Spray with respect to identification (essentially labelling)
(Regulations 6 and 7), accessibility of the required information
(Regulations 32 and 33) and presentation of the required information
with respect to comprehensibility, clarity and durability (Regulations 34,
35, 36(1)-(7))
Regulation 6 – Identification duties of suppliers
Suppliers of DAP Spray 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 DAP
Spray (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 any hazardous substance must ensure it is labelled
ERMA New Zealand Decision: Application HSR06088
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Control
Code7
Regulation8
Explanation9
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.
I5
I8
11
14
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 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 flammable substances
This requirement specifies that DAP Spray must be prominently
identified as being flammable. In addition, the following information
must be provided:
 an indication of that the product is a liquid;
 information must be provided on its general degree of hazard (e.g.
highly 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 a class DAP Spray 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
ERMA New Zealand Decision: Application HSR06088
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Control
Code7
Regulation8
Explanation9
label.
I9
18
I13
Regulation 22
I16
25
I19
29-31
Secondary identifiers for all hazardous substances
This control relates to detail required for DAP Spray on the product
label. This information must be accessible within 10 seconds
(Regulation 33) and could be provided on secondary panels on the
product label. The following information is required:
 an indication (which may include its common name, chemical
name, or registered trade name) that unequivocally identifies it; and
 enough information to enable its New Zealand importer, supplier,
or manufacturer to be contacted, either in person or by telephone;
and
 in the case of a substance which, when in a closed container, is
likely to become more hazardous over time or develop additional
hazardous properties, or become a hazardous substance of a
different class or subclass, a description of each likely change and
the date by which it is likely to occur.
Secondary identifiers for flammable substances
This control relates to the additional label detail required for DAP
Spray. 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. highly 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 DAP
Spray. 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.
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
ERMA New Zealand Decision: Application HSR06088
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Control
Code7
Regulation8
Explanation9
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 DAP Spray is in multiple
packaging and the outer packaging obscures some or all of the required
substance information. In such cases, the outer packaging must:
 be clearly labelled with all relevant priority identifier information
i.e. the hazardous properties of the substance must be identified; or
 be labelled or marked in compliance with either the Land
Transport Rule 45001, Civil Aviation Act 1990 or the Maritime
Safety Act 1994 as relevant; or
 in the case of an ecotoxic substance, it must bear the EU pictogram
“Dangerous to the Environment” (‘dead fish and tree’ on orange
background); or
 bear the relevant class or subclass label assigned by the UN Model
Regulations.
I21
37-39, 47-50
Regulation 31 – Alternative information when substances are imported
This Regulation relates to alternative information requirements for
DAP Spray that is imported into New Zealand in a closed package or in
a freight container and will be transported to its destination without
being removed from that package or container. In these situations, it is
sufficient compliance with HSNO if the package or container is labelled
or marked in compliance with the requirements of the Land Transport
Rule 45001.
Documentation required in places of work
These controls relate to the duties of suppliers and persons in charge of
places of work with respect to provision of documentation (essentially
Safety Data Sheets) (Regulations 37, 38 and 50); the general content
requirements of the documentation (Regulation 39 and 47); the
accessibility and presentation of the required documentation with
respect to comprehensibility and clarity (Regulation 48).
These controls are triggered when DAP Spray is held in the workplace
in quantities equal to or greater than 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 DAP Spray equal to or greater than 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 DAP Spray is present
in quantities equal to or greater than those specified in Regulation 38
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Control
Code7
Regulation8
Explanation9
(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 DAP Spray 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.
Regulation 47 – Information not included in approval
This Regulation relates to the provision of specific documentation
information (e.g. as provided on an SDS). If information required by
Regulations 39 to 46 was not included in the information used for the
approval of the substance by the Authority, it is sufficient compliance
with those Regulations if reference is made to that information
requirement along with a comment indicating that such information is
not applicable to that substance.
Regulation 48 – Location and presentation requirements for
documentation
All required documentation must be available to a person handling the
substance in a place of work within 10 minutes. The documentation
must be readily understandable by any fully-trained worker required to
have access to it and must be easily read, under normal lighting
conditions, at a distance of not less than 0.3m.
Regulation 49 – Documentation requirements for vehicles
This Regulation provides for the option of complying with
documentation requirements as specified in the various Land, Sea and
Air transport rules when the substance is being transported.
Regulation 50 – Documentation to be supplied on request
Notwithstanding Regulation 37 above, a supplier must provide the
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Control
Code7
Regulation8
I23
41
I25
43
I28
46
I29
51-52
Explanation9
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 DAP Spray 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 DAP Spray 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 DAP Spray 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;
 if it will be a liquid during its use, 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 DAP Spray is
held in quantities exceeding 100 L.
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Control
Code7
Regulation8
Explanation9
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 DAP Spray 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 DAP Spray must ensure that, when the package is closed,
there is no visible release of the substance, and that it maintains its
ability to retain its contents in temperatures from –10oC to +50oC. The
packaging must also maintain its ability to retain its remaining contents
if part of the contents is removed from the package and the packaging
is then re-closed. The packaging in direct contact with the substance
must not be significantly affected or weakened by contact with the
substance such that the foregoing requirements cannot be met.
Regulation 6 – Packaging markings
Packages containing DAP Spray 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 DAP Spray, account must be taken of its physical state
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Control
Code7
Regulation8
Explanation9
and properties, and packaging must be selected that complies with the
requirements of Regulation 5, and Regulations 9 to 21.
Regulation 8 – Compatibility
DAP Spray 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 DAP Spray 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:

P3
P5
P13
P15
9
11
19
21
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 Hazardous substances (Dangerous Goods and Scheduled
Toxic Substances) Transfer Notice 2004.
Packaging requirements for DAP Spray
 DAP Spray in quantities over 1 L must be packaged according to
Schedule 2 (UN PGII), but must be packaged according to either
Schedule 2 or Schedule 4 when in quantities equal to or less than 1
L.

PG2
Schedule 2
PS4
Schedule 4
Packages containing less than 0.1L of DAP Spray do not have to
comply with the drop test performance standard contained in
Schedule 4 provided the packaging complies with the requirements
of regulations 5(1) (a), (b) and (e), and there is a warning statement
on the outside of the package that the package may not withstand a
drop of 0.5m [Regulation 9 (3), (4), and (5)].
Any DAP Spray 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.
This schedule describes the (minimum) packaging requirements that
must be complied with for DAP Spray when packaged in quantities of
more than 1 L. The tests in Schedule 2 correlate to the packaging
requirements of UN Packing Group II (UN PGII).
This schedule describes the minimum packaging requirements that
must be complied with for DAP Spray when packaged in quantities
equal to or less than 1 L.
Hazardous Substances (Disposal) Regulations 2001
D2
6
Disposal requirements for DAP Spray
D4
8
DAP Spray must be disposed of by:
D5
9
 treating the substance so that it is no longer a hazardous
substance.
 exporting the substance from New Zealand as a hazardous
waste
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Control
Code7
Regulation8
D6
10
D7
11, 12
D8
13, 14
Explanation9
 treatment can include controlled burning providing the
performance requirements as set out in regulation 6 (3)(b) of
the Disposal Regulations for protecting people and the
environment are met, and the burning operation does not
exceed any TELs or EELs
 treatment includes discharge into the environment as waste, or
depositing in a landfill, provided the discharge location is
managed so that
 the substance will not at any time come into contact with any
substances with explosive or oxidising properties, and
o there is no ignition source in the vicinity of the
disposal site, and
o 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 DAP Spray and are no longer to be used for that purpose.
Such packages must be either decontaminated/treated or rendered
incapable of containing any substance (hazardous or otherwise) and
then disposed of in a manner that is consistent with the disposal
requirements for the substance. In addition, the manner of disposal
must take into account the material that the package is manufactured
from.
Disposal information requirements
These controls relate to the provision of information concerning
disposal (essentially on the label) that must be provided when selling or
supplying a quantity of DAP Spray that exceeds 0.1 L.
Information must be provided on appropriate methods of disposal and
information may be supplied warning of methods of disposal that
should be avoided, i.e. that would not comply with the Disposal
Regulations. Such information must be accessible to a person handling
the substance within 10 seconds and must comply with the
requirements for comprehensibility, clarity and durability as described
in Regulations 34-36 of the Identification Regulations (code I1).
Disposal documentation requirements
These controls relate to the provision of documentation concerning
disposal (essentially in an SDS) that must be provided when selling or
supplying a quantity of DAP Spray that exceeds 1 L.
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
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Control
Code7
Regulation8
Explanation9
(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 DAP
Spray when present in quantities equal to or greater than 0.1 L.
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 DAP Spray is
present in quantities equal to or greater than 0.1 L:
 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 DAP Spray when
present in quantities equal to or greater than 0.1 L:
 a description of the parts of the environment likely to be
immediately affected by it;
 a description of its typical effects on those parts of the
environment;
 a statement of any immediate actions that may be taken to prevent
the substance from entering or affecting those parts of the
environment.
Level 2 emergency management documentation requirements
These controls relate to the duties of suppliers and persons in charge of
places of work with respect to the provision of emergency management
documentation (essentially Safety Data Sheets). This documentation
must be provided where DAP Spray is sold or supplied, or held in a
workplace, in quantities equal to or greater than 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.
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).
ERMA New Zealand Decision: Application HSR06088
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Control
Code7
EM9
Regulation8
17
EM10
21-24
EM11
EM12
25-34
35-41
Explanation9
Specific documentation requirements for flammable and
oxidising substances and organic peroxides
There is an additional requirement for DAP Spray 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 DAP Spray is held in a place of
work in quantities exceeding 250 L, must have 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
DAP Spray is held (or reasonably likely to be held on occasion) in
quantities greater than 100 L.
The emergency response plan must describe all of the likely
emergencies that may arise from the breach or failure of controls. The
type of information that is required to be included in the plan is
specified in Regulations 29 to 30. Requirements relating to the
availability of equipment, materials and people are provided in
Regulation 31, requirements regarding the availability of the plan are
provided in Regulation 32 and requirements for testing the plan are
described in Regulation 33.
Level 3 emergency management requirements – secondary
containment
These Regulations relate to the requirement for a secondary
containment system to be installed at any fixed location where DAP
Spray 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
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Control
Code7
Regulation8
EM13
42
Explanation9
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 DAP Spray 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
DAP Spray is required to be under the control of an approved handler
as specified by control F4. 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.
Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004
Regulations 4 to 43 where
The Hazardous Substances (Tank Wagons and Transportable
applicable
Containers) Regulations 2004 prescribe a number of controls relating to
tank wagons and transportable containers and must be complied with
as relevant.
Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notices
Flammable
Schedules 8, 9
The controls relating to stationary container systems, secondary
Liquids
and 10 DGTN
containment and unintended ignition of flammable substances, as set
March 2004
out in Schedules 8, 9 and 10 of the Hazardous Substances (Dangerous
Goods and Scheduled Toxic Substances) Transfer Notice 2004
(Supplement to the New Zealand Gazette, 26 March 2004, No. 35, page
767), as amended, shall apply to this substance, notwithstanding clause
1(1) of Schedules 8 and 9 and clause 1 of Schedule 10.
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Table A1.4: Controls for DAP Diffuser – codes and explanations
Control
Code10
Regulation11
Explanation12
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 -Toxic Property Controls
T1
11-27
Limiting exposure to toxic substances
This control relates to limiting public exposure to DAP Diffuser
through the setting of tolerable exposure limits (TELs). A TEL
represents the maximum allowable concentration of a substance
legally allowable in a particular environmental medium. TEL values
are established by the Authority and are enforceable controls under
the HSNO Act. TELs are derived from potential daily exposure
(PDE) values, which in turn are derived from acceptable daily
exposure (ADE)/reference dose (RfD) values.
An ADE / RfD value must be set for a toxic substance if:
 it is likely to be present in an environmental medium (air,
water, soil or a surface that the substance may be deposited
onto) or food or other matter that might be ingested; and
 it is a substance to which people are likely to be exposed to
during their lifetime; and
 exposure is likely to result in an appreciable toxic effect.
If an ADE/RfD value is set for a substance, a PDE for each
exposure route must also be set for the substance. The PDE is a
measure of the relative likelihood of a person actually being
exposed to the substance through a particular exposure route given
daily living patterns.
T2
29, 30
T4, E6
7
T7
10
No TEL values are set for DAP Diffuser at this time.
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.
No WES values are set for DAP Diffuser at this time.
Requirements for equipment used to handle hazardous
substances
Any equipment used to handle DAP Diffuser (e.g. spray
equipment) must retain and/or dispense the substance in the
manner intended, i.e. without leakage, and must be accompanied by
sufficient information so that this can be achieved.
Restrictions on the carriage of hazardous substances on
passenger service vehicles
 In order to limit the potential for public exposure to DAP
Diffuser, the maximum quantity per package permitted to be
carried on passenger service vehicles is 10 L, as specified in
Schedule 2 of the Classes 6, 8 and 9 Control Regulations.
10
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.
11
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.
12
These explanations are for guidance only. Refer to the cited Regulations for the formal specification, and for definitions and exemptions.
ERMA New Zealand Decision: Application HSR06088
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Control
Code10
Regulation11
Explanation12
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 DAP
Diffuser 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.
E2
46-48
No EEL values are set for DAP Diffuser at this time and the
requirement to set default EELs is deleted.
Restrictions on use within application area
These Regulations relate to controls on application areas. An
application (target) area is an area that the person using the
substance either has control over or is otherwise authorised to
apply the substance to. For ecotoxic substances that are
intentionally released into the environment (e.g. pesticides), any
EEL controls will not apply within the application (target) area
providing the substance is applied at a rate that does not exceed the
allowed application rate. In addition, any approved handler
controls (T6, Regulation 9) do not apply once the substance has
been applied or laid.
In recognition of the need to limit adverse effects within the target
area, Regulations have been prescribed to restrict the use of the
substance within the target area. These include a requirement to set
an application rate for any substance designed for biocidal action
for which an EEL has been set. The application rate must not be
greater than the application rate specified in the application for
approval, or not greater than a rate calculated in a similar manner to
that used to calculate EELs (with the proviso that the product of
the uncertainty factors must not exceed 100).
No maximum application rate is set for DAP Diffuser at this
time.
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 DAP Diffuser with respect to identification (essentially
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Control
Code10
Regulation11
Explanation12
labelling) (Regulations 6 and 7), accessibility of the required
information (Regulations 32 and 33) and presentation of the
required information with respect to comprehensibility, clarity and
durability (Regulations 34, 35, 36(1)-(7))
Regulation 6 – Identification duties of suppliers
Suppliers of DAP Diffuser 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 DAP Diffuser 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 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.
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I8
Regulation11
14
I9
18
I16
25
I19
29-31
Explanation12
Priority identifiers for certain toxic substances
This requirement specifies that DAP Diffuser (other than if it is
NOT intended to be sold to the general public) 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 DAP Diffuser on the
product label. This information must be accessible within 10
seconds (Regulation 33) and could be provided on secondary
panels on the product label. The following information is required:
 an indication (which may include its common name, chemical
name, or registered trade name) that unequivocally identifies it;
and
 enough information to enable its New Zealand importer,
supplier, or manufacturer to be contacted, either in person or
by telephone; and
 in the case of a substance which, when in a closed container, is
likely to become more hazardous over time or develop
additional hazardous properties, or become a hazardous
substance of a different class or subclass, a description of each
likely change and the date by which it is likely to occur.
Secondary identifiers for toxic substances
This control relates to the additional label detail required for DAP
Diffuser. 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, aspiration hazard);
 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.
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 DAP Diffuser 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.
Regulation 29(2) specifies that for bulk transport containers, it is
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Regulation11
Explanation12
sufficient compliance if DAP Diffuser are 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 DAP Diffuser are in
multiple packaging and the outer packaging obscures some or all of
the required substance information. In such cases, the outer
packaging must:
 be clearly labelled with all relevant priority identifier
information i.e. the hazardous properties of the substance must
be identified; or
 be labelled or marked in compliance with either the Land
Transport Rule 45001, Civil Aviation Act 1990 or the Maritime
Safety Act 1994 as relevant; or
 in the case of an ecotoxic substance, it must bear the EU
pictogram “Dangerous to the Environment” (‘dead fish and
tree’ on orange background); or
 bear the relevant class or subclass label assigned by the UN
Model Regulations.
I21
37-39, 47-50
Regulation 31 – Alternative information when substances are
imported
This Regulation relates to alternative information requirements for
DAP Diffuser that is imported into New Zealand in a closed
package or in a freight container and will be transported to its
destination without being removed from that package or container.
In these situations, it is sufficient compliance with HSNO if the
package or container is labelled or marked in compliance with the
requirements of the Land Transport Rule 45001.
Documentation required in places of work
These controls relate to the duties of suppliers and persons in
charge of places of work with respect to provision of
documentation (essentially Safety Data Sheets) (Regulations 37, 38
and 50); the general content requirements of the documentation
(Regulation 39 and 47); the accessibility and presentation of the
required documentation with respect to comprehensibility and
clarity (Regulation 48).
These controls are triggered when DAP Diffuser is held in the
workplace in quantities equal to or greater than 5 L, as specified in
Schedule 2 of the Identification Regulations.
Regulation 37 – Documentation duties of suppliers
A supplier must provide documentation containing all relevant
information required by Regulations 39 to 48 when selling or
supplying to another person a quantity of DAP Diffuser equal to or
greater than 5 L, as specified in Schedule 2 for that classification, 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 DAP Diffuser is
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Explanation12
present in quantities equal to or greater than 5 L, as 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 DAP Diffuser 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;
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 substances in a place of work within 10 minutes. The
documentation must be readily understandable by any fully-trained
worker required to have access to it and must be easily read, under
normal lighting conditions, at a distance of not less than 0.3m.
Regulation 49 – Documentation requirements for vehicles
This Regulation provides for the option of complying with
documentation requirements as specified in the various Land, Sea
and Air transport rules when the substance is being transported.
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I23
41
I28
46
I29
51-52
Explanation12
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 DAP Diffuser must include the
following information:
 its general degree and type of ecotoxic hazard (e.g. highly
ecotoxic in the aquatic environment);
 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 toxic substances
The documentation provided with DAP Diffuser 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;
 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 hazardous
substances are held in quantities exceeding the amounts specified in
Schedule 3 of the Identification Regulations.
These requirements are triggered for DAP Diffuser when held in
quantities exceeding 100 L.
Signs are required:
 at every entrance to the building and/or location (vehicular and
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Explanation12
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 DAP Diffuser (other than it they are NOT
intended to be sold to members of the public) 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 DAP Diffuser must ensure that, when the package is
closed, there is no visible release of the substance, and that it
maintains its ability to retain its contents in temperatures from –
10oC to +50oC. The packaging must also maintain its ability to
retain its remaining contents if part of the contents is removed
from the package and the packaging is then re-closed. The
packaging in direct contact with the substance must not be
significantly affected or weakened by contact with the substance
such that the foregoing requirements cannot be met.
Regulation 6 – Packaging markings
Packages containing DAP Diffuser 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 DAP Diffuser account must be taken of its physical
state and properties, and packaging must be selected that complies
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Explanation12
with the requirements of Regulation 5, and Regulations 9 to 21.
Regulation 8 – Compatibility
DAP Diffuser 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 DAP Diffuser 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.
P3
P13
P15
9
19
21
“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 Hazardous substances (Dangerous Goods and
Scheduled Toxic Substances) Transfer Notice 2004.
Packaging requirements for DAP Diffuser
 DAP Diffuser must be packaged according to Schedule 3 (UN
PGIII) when in quantities of more than 5 L, but must be
packaged according to either Schedule 3 or Schedule 4 when in
quantities equal to or less than 5 L.

Packages containing less than 0.5L of DAP Diffuser do not
have to comply with the drop test performance standard
contained in Schedule 4 provided the packaging complies with
the requirements of regulation 5(1) (a), (b) and (e), and there is
warning statement on the outside of the package that the
package may not withstand a drop of 0.5m [Regulation 9 (3),
(4) and (5)].

DAP Diffuser 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 than 5 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 5 L.
Hazardous Substances (Disposal) Regulations 2001
D4, D5
8, 9
Disposal requirements for DAP Diffuser
DAP Diffuser must be disposed of by:
 treating the substance so that it is no longer a hazardous
substance, including depositing the substance in a landfill,
incinerator or sewage facility. However, this does not include
dilution of the substance with any other substance prior to
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D6
10
D7
11, 12
D8
13, 14
Explanation12
discharge to the environment; or
 discharging the substance to the environment provided that
after reasonable mixing, the concentration of the substance in
any part of the environment outside the mixing zone does not
exceed any TEL (tolerable exposure limit) or any EEL
(environmental exposure limit) set by the Authority for that
substance; or
 exporting the substance from New Zealand as a hazardous
waste.
Disposal requirements for packages
This control gives the disposal requirements for packages that
contained DAP Diffuser and are no longer to be used for that
purpose. Such packages must be either decontaminated/treated or
rendered incapable of containing any substance (hazardous or
otherwise) and then disposed of in a manner that is consistent with
the disposal requirements for the substance. In addition, the
manner of disposal must take into account the material that the
package is manufactured from.
Disposal information requirements
These controls relate to the provision of information concerning
disposal (essentially on the label) that must be provided when
selling or supplying a quantity of DAP Diffuser that exceeds 0.1 L,
as specified in Schedule 1 of the Disposal Regulations.
Information must be provided on appropriate methods of disposal
and information may be supplied warning of methods of disposal
that should be avoided i.e. that would not comply with the Disposal
Regulations. Such information must be accessible to a person
handling the substance within 10 seconds and must comply with
the requirements for comprehensibility, clarity and durability as
described in Regulations 34-36 of the Identification Regulations
(code I1).
Disposal documentation requirements
These controls relate to the provision of documentation concerning
disposal (essentially in an SDS) that must be provided when selling
or supplying a quantity of DAP Diffuser that exceeds 5 L, as
specified in Schedule 2 of the Disposal Regulations.
The documentation must describe one or more methods of
disposal (that comply with the Disposal Regulations) and describe
any precautions that must be taken. Such documentation must be
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
DAP Diffuser when present in quantities equal to or greater than
0.1 L, as listed in Schedule 1 of the Emergency Management
Regulations.
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EM6
8(e)
EM7
8(f)
EM8
12-16, 18-20
Explanation12
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)).
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 DAP Diffuser
is present in quantities equal to or greater than 1 L, as specified in
Schedule 1 of the Emergency Management Regulations:
 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 DAP Diffuser
when present in quantities equal to or greater than 0.1 L, as listed in
Schedule 1 of the Emergency Management Regulations:
 a description of the parts of the environment likely to be
immediately affected by it;
 a description of its typical effects on those parts of the
environment;
 a statement of any immediate actions that may be taken to
prevent the substance from entering or affecting those parts of
the environment.
Level 2 emergency management documentation requirements
These controls relate to the duties of suppliers and persons in
charge of places of work with respect to the provision of
emergency management documentation (essentially Safety Data
Sheets). This documentation must be provided where DAP
Diffuser are sold or supplied, or held in a workplace, in quantities
equal to or greater than 5 L, as specified in Schedule 2 of the
Emergency Management Regulations.
Regulations 12 and 13 describe the duties of suppliers, regulation
14 describes the duties of persons in charge of places of work,
regulation 15 provides for the option of complying with
documentation requirements of the transport rules when the
substance is being transported, and regulation 16 specifies
requirements for general contents of the documentation.
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).
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
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Regulation11
Explanation12
ships) where hazardous substances are held (or reasonably likely to
be held on occasion) in quantities greater than those specified in
Schedule 4 of the Emergency Management Regulations.
These requirements are triggered for DAP Diffuser when they are
held in quantities greater than 100 L.
EM12
35-41
The emergency response plan must describe all of the likely
emergencies that may arise from the breach or failure of controls.
The type of information that is required to be included in the plan
is specified in Regulations 29 to 30. Requirements relating to the
availability of equipment, materials and people are provided in
Regulation 31, requirements regarding the availability of the plan
are provided in Regulation 32 and requirements for testing the plan
are described in Regulation 33.
Level 3 emergency management requirements – secondary
containment
These Regulations relate to the requirement for a secondary
containment system to be installed at any fixed location where
liquid (or liquefiable) hazardous substances are held in quantities
equal to or greater than those specified in Schedule 4 of the
Emergency Management Regulations.
These requirements are triggered for DAP Diffuser when they are
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 hazardous substances are
held at quantities equal to or greater than the quantities specified in
Schedule 5 of the Emergency Management Regulations.
These requirements are triggered for DAP Diffuser when they are
held in 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.
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Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004
Regulations 4 to 43 where
The Hazardous Substances (Tank Wagons and Transportable
applicable
Containers) Regulations 2004 prescribe a number of controls
relating to tank wagons and transportable containers and must be
complied with as relevant.
Additional Controls set under s77A
NonSchedule 8,
The controls relating to stationary container systems, as set out in
flammable
DGTN March
Schedule 8 of the Hazardous Substances (Dangerous Goods and
liquids
2004
Scheduled Toxic Substances) Transfer Notice 2004 (Supplement to
the New Zealand Gazette, 26 March 2004, No. 35, page 767), as
amended, shall apply to this substance, notwithstanding clause 1(1)
of that schedule.
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