ENVIRONMENTAL RISK MANAGEMENT AUTHORITY
DECISION
30 August 2005
Application Code
HSR04025
Application Type
To import or manufacture any hazardous substance
under Section 28 of the Hazardous Substances and New
Organisms (HSNO) Act 1996
Applicant
Dow AgroSciences
Date Application Received
12 August 2004
Hearing Date
11 August 2005
Consideration Date
11 August 2005
Considered by
The Hazardous Substances Standing Committee of the
Authority
Purpose of the Application
To import or manufacture substances containing
aminopyralid, for use as herbicides to control weeds in
pastures. The substances are identified as GF-389, GF871, GF-982, GF-1118 and GF-1397.
1
Summary of Decision
1.1
The application to import or manufacture substances containing aminopyralid is
approved with controls in accordance with the relevant provisions of the Hazardous
Substances and New Organisms Act 1996 (the HSNO 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 Substance Register:
Aminopyralid
GF-389
GF-871
GF-982
GF-1118
GF-1397.
1.3
ERMA New Zealand has adopted the European Union use classification system as the
basis for recording the nature and uses of substances approved. The following use
categories are recorded for these substances:
Main Category:
4
Wide dispersive use
Industrial category:
1
Agricultural industry
Function/Use category:
38
Pesticides
2
Legislative Criteria for Application
2.1
The application was lodged pursuant to section 28 of the HSNO Act. The decision was
determined in accordance with section 29, taking into account additional matters to be
considered in that section and matters relevant to the purpose of the HSNO Act, as
specified under Part II of the HSNO Act. Unless otherwise stated, references to section
numbers in this decision refer to sections of the HSNO Act.
2.2
Consideration of the application followed the relevant provisions of the Methodology.
Unless otherwise stated, references to clauses in this decision refer to clauses of the
Methodology.
3
Application Process
3.1
The application was formally received on 12 August 2004.
3.2
Various government departments (including the Ministry of Health and the Department
of Labour (Occupational Safety and Health), and the New Zealand Food Safety
Authority (Agricultural Compounds and Veterinary Medicines Group)), 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 public submission on the application.
3.3
A response was received from the New Zealand Food Safety Authority (Agricultural
Compounds and Veterinary Medicines Group) stating that, “As this application will be
considered under the ACVM Act, any issues which may arise under the Acts
administered by MAF/NZFSA will be considered as part of that application.”
3.4
The Ministry for the Environment (MfE) indicated that the Ministry is supporting an
application to reassess clopyralid by the New Zealand Business Council for Sustainable
Development. As it is possible that aminopyralid will have similar effects to clopyralid
on compost the Ministry suggested that controls should be applied to minimise the risk
of contamination of compost via contaminated turf.
3.5
In accordance with sections 53(1) and 53A, and clauses 2(2)(b) and 7, the application
was publicly notified on the ERMA New Zealand web site on 25 November 2004 and
advertised in The Dominion Post, the New Zealand Herald, the Christchurch Press and
the Otago Daily Times (section 53).
3.6
Submissions closed on 3 February 2005.
ERMA New Zealand Decision: Application HSR04025
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3.7
A submission was received from Mr George Fietje of Living Earth Limited. Mr Fietje
submitted that: “Clopyralid based herbicides are a threat to greenwaste recycling owing
to persistence in compost.” He indicated that the NZ Business Council for Sustainable
Development (NZBCSD) is, on behalf of MfE, local authorities and the composting
industry, in the process of making an application to ERMA New Zealand to restrict the
use of this herbicide. Mr Fietje asked that “All controls imposed on this product must be
consistent with the application by NZBCSD.”
3.8
At the request of the submitter, a public hearing was held on 11 August 2005 at ERMA
New Zealand’s offices in Wellington. Public notification of the hearing was published
on the ERMA New Zealand website from 28 July 2005.
3.9
The following members of the Hazardous Substances Standing Committee heard and
considered the application (section 19(2)(b)): Mr Tony Haggerty (Chairperson),
Professor George Clark and Dr Max Suckling.
3.10
At the hearing the applicant was represented by Mr Gus Hazel of Baldwins, and Mr
Colin Sharpe, Mr Peter Dryden and Mr Brian Husband of Dow AgroSciences. The
submitter was represented by Mr George Fietje, Living Earth Ltd and Mr Michael Lord,
Perry Environmental Ltd.
3.11
The information available to the Committee for the consideration of this application
comprised:
 The application including confidential appendices.
 The ERMA New Zealand Evaluation and Review Report (E&R Report) including a
confidential appendix
 A memo from the Agency on amendments to the E&R Report
 Minutes of the Pre-Hearing meeting held on 14 June 2005
 Submissions and evidence presented by the applicant
 Submissions and evidence presented by the submitter.
3.12
No external experts were used in the consideration of this application (clause 17).
4
Consideration
Purpose of the Application
4.1
The pupose of the application is to obtain approval to import aminopyralid and to
import or manufacture substances containing aminopyralid for use as herbicides to
control weeds in pastures and for export.
Sequence of the Consideration
4.2
In accordance with clause 24, the approach adopted by the Committee was to:
 Establish the hazard classification for the substance 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.
ERMA New Zealand Decision: Application HSR04025
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

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 costeffectiveness of the application of controls was considered in accordance with
clause 35.
Hazard Classification
4.3
The Committee agreed with the hazard classifications determined by the Agency and
classifies the substances as follows:
Aminopyralid
GF-871
GF-1397
GF-389
GF-1118
GF-982
8.3A; 9.1C; 9.2A
9.1C; 9.2 A
9.2A
9.1C; 9.2A
9.1C; 9.2A
3.1D; 6.1E; 6.3B; 8.3A; 9.1B; 9.2A
Default Controls
4.4
The Committee considered that the E&R Report 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
(Table 1, section 8) and are not reproduced here.
Risk Assessment
4.5
The risks assessed were those identified as potentially non-negligible. Risks were
considered in terms of the requirements of clause 12, including the assessment of
consequences and probabilities, the impact of uncertainty and the impact of risk
management.
4.6
The evidence comprised that provided by the applicant and the submitter and additional
evidence set out in the E&R Report. The scientific evidence was considered in terms of
clause 25(1).
4.7
In assessing risk, the Committee gave particular consideration to risks arising from the
significant hazards of the substances, i.e. ecotoxicity, human health effects and
flammability. The Committee also considered the possible effects on compost of
contaminated organic matter entering the compost stream and examined the extent to
which exposure to hazard could be mitigated by controls (clauses 11 and 12).
4.8
Costs were considered in terms of clause 13 of the Methodology. A “cost” is defined in
clause 2 as “the value of a particular adverse effect expressed in monetary or nonmonetary terms”. Therefore, these have been assessed in an integrated fashion together
with the risks of those adverse effects in the following assessment.
ERMA New Zealand Decision: Application HSR04025
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Potentially Significant Risks
4.9
The Committee identified potentially significant risks, costs and benefits with reference
to clauses 9 and 11, which incorporate relevant material from sections 2, 5, 6, and 8.
These risks are assessed below.
Human Health and Safety
4.10
Only aminopyralid and GF-982, the export-only substance, have hazardous properties
that exceed the HSNO human toxicity thresholds.
4.11
For an adverse effect to occur to human health the substances would need to be splashed
into the eyes or onto the skin. Acute effects could occur at any stage throughout the life
cycles of the substances.
4.12
Manufacture and Repacking –Workers may be exposed to aminopyralid and GF-982
during manufacture or packaging. However, with the controls in place, specifically
those requiring the use of protective clothing and equipment, the level of risk has been
assessed as insignificant to low.
4.13
Transportation – Accidental spillage may occur during transport between the point of
import or export and the factory. Drivers and emergency workers attending a spill
should be wearing appropriate protective clothing and be trained in emergency
management procedures. Accordingly, with the applicable HSNO controls are in place,
the level of risk has been assessed as insignificant to low.
4.14
Storage –It is highly improbable that an adverse effect will occur during storage in
commercial premises when the applicable HSNO controls are in place. However, as the
magnitude of effects if people are exposed range from minimal to major, the level of
risk has been assessed as insignificant to low.
4.15
GF-982 is classified as a flammable liquid. An incident could occur during manufacture,
transportation or storage, resulting in the release of the substance with subsequent
exposure to an ignition source. GF-982 will be manufactured in purpose-built
equipment and care will need to be taken to eliminate sources of ignition, and
equipment used will need to be spark proof and earthed. Considering the controls in
place, and recognising the relatively high flashpoint of the substance, the Committee
considers the level of risk of adverse effects on human health to be very low to low.
4.16
Overall the level of risk to human health and safety arising from the use in manufacture
of aminopyralid and the manufacture of GF-982 for export is considered by the
Committee to be insignificant to low with the HSNO controls in place.
Environmental risks
4.17
Potential significant risks to the biological and physical environment are those that
involve exposure to the aquatic or terrestrial environment and those that involve
potential ignition.
ERMA New Zealand Decision: Application HSR04025
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4.18
Transport, storage, manufacture, packaging. An incident during manufacture,
packaging, transportation, or storage resulting in the release of the substances may result
in exposure to the aquatic or terrestrial environment. With adherence to the HSNO
controls, including the Hazardous Substances (Packaging) Regulations 2001, and the
Hazardous Substances (Emergency Management) Regulations 2001, the level of risk
associated with manufacture, packaging, storage and transportation of the aminopyralid
substances is assessed as insignificant to very low.
4.19
Use of spray - spillage. There is potential for spillage resulting in environmental
contamination during the mixing operation (opening container, measuring out the
required quantity, and pouring that into the spray tank). With the HSNO controls, label
directions and SDS information in place and with adherence to the Code of Practice for
the Management of Agrichemicals NZS8409:2004, level of risk is assessed as
insignificant to very low.
4.20
Use of spray - spray drift onto terrestrial plants. There is a high acute risk to nontarget terrestrial plants from off-site movement of the substances for both ground-based
(including hand-held equipment) and aerial applications, predominantly for
dicotyledonous plants, though under some scenarios monocotyledons are also at risk.
With adherence to HSNO controls, including approved handler requirements, and
adherence to the Code of Practice for the Management of Agrichemicals
NZS8409:2004, the level of risk is assessed as medium to high.
4.21
GF-982, the export only substance, is classified as a 3.1D flammable liquid.
Accordingly, effects on the environment could arise from an incident that results in the
substance being released near an ignition source. Risks relating to fire have been
discussed in paragraph 4.15 above, and are not considered to be different with regard to
the environment.
4.22
Overall the level of risk to the biological and physical environment arising from the
manufacture and normal use of aminopyralid compounds is considered by the
Committee to be insignificant to low with the exception of spray drift onto terrestrial
plants where the risks are medium to high.
Compost Stream
4.23
Living Earth Limited submitted that aminopyralid contamination may have serious
effects on commercial, home and vermi-composting.
4.24
Living Earth Limited based its claim on its experience with clopyralid-containing
herbicides. Clopyralid is the active ingredient in a number of products used for the
treatment of weeds in turf. It is a candidate for reassessment due to residues from use on
turf not degrading during composting and potentially causing adverse effects on plants
grown in that compost. In a decision dated 1 May 2002, the Authority found that there
was sufficient new and significant information relating to the persistent effects of
clopyralid in compost to provide grounds for its reassessment.
4.25
Given the structural similarity of aminopyralid to clopyralid, Living Earth Limited is
concerned that similar problems with persistence in compost may occur.
ERMA New Zealand Decision: Application HSR04025
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4.26
On behalf of Living Earth Limited, Perry Environmental Limited also discussed the
potential effect the use of aminopyralid containing herbicides may have on the vermicomposting of paunch grass sourced from the freezing works industry.
4.27
Accordingly, Living Earth Limited requested the Authority to impose appropriate
controls, including tracking and to raise the level of accountability by users to minimise
any impact on the organic waste recovery industry. If the Authority is not able to
achieve this outcome, Living Earth Limited requested that the Authority decline the
application.
4.28
Living Earth Limited also asked that any approval should be subject to a review clause
every three years to assess the effectiveness of controls and any impact aminopyralid
may have on organic waste recovery.
4.29
The Committee notes that there is a structural similarity between aminopyralid and
clopyralid and that the Authority has found that there are grounds for the reassessment
of clopyralid. However, the significance of the effects of clopyralid on compost has yet
to be assessed. This will occur when an application to reassess clopyralid-containing
substances is received by ERMA New Zealand.
4.30
Given the structural similarity of aminopyralid to clopyralid, and the decreased
degradation rate of aminopyralid at elevated temperatures (i.e., slower at 30ºC than at
20ºC) the Committee accepts that the release of aminopyralid-based herbicides poses
potential risks to the composting industry.
4.31
In light of this, the Committee considers that the use of aminopyralid substances on turf
should be prohibited. In addition to a prohibition appearing on the label, the Committee
considers that it is important to highlight that the prohibition of using aminopyralid on
turf is because of the potential impacts on compost.
4.32
Accordingly, the Committee requires that the following statements appear on the label:
The product must not be used on turf.
DO NOT use hay or other plant material harvested within 10 weeks of treatment with
(tradename of substance) for making compost or mulching susceptible crops.
DO NOT use plant material that has been treated with (tradename of substance) within
the previous 10 weeks to make mushroom substrate.
DO NOT use manure, paunch grass or dairy effluent from animals grazing areas treated
with (tradename of substance) within the previous 10 weeks for making compost
unless the clean feed withholding period has been observed.
4.33
The Committee also requires that information on the above restrictions should be
provided in any material that accompanies the substances.
4.34
The Committee also considers that the substances should only be available in a
minimum pack size of 1 L or 1 kg as a disincentive to purchase by domestic users and
urban contractors.
ERMA New Zealand Decision: Application HSR04025
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4.35
The Committee acknowledges the request from Living Earth for a three year review –
but does not consider that setting a control for a review would be effective. The
Committee is of the view that the option of a reassessment at any time if residues of
aminopyralid are found will be more effective in addressing compost contamination
issues.
4.36
The tracking control TR1 is triggered by the 9.2A classification of aminopyralid. The
Committee considers that this requirement will not add to the management of risks
associated with the substance during normal use. Risks to the environment which may
arise other than during use are already addressed through packaging, identification,
emergency management and other life-cycle related controls.
4.37
The Committee is also of the view that there is no benefit in adding a tracking control to
assist enforcement of off-label use. It would be very unlikely that anyone who was
using the substance illegally would note this in a spray diary or suchlike. It is the
Committee’s view that it would be more effective to educate and have warnings on the
labels of the potential impacts of off-label use.
4.38
However, the Committee considers that the 3 kg in 24 hours trigger level for the
keeping of records of use should be reduced for GF-1397 to 1 L. The 3 L(kg) trigger
level for the other formulations (GF-871, GF-839 and GF-1118) may be retained as the
ultimate use of these has not been decided but it is expected that they will be used on
woody weeds and the use volumes per day would be much higher than for GF-1397.
The likely use volumes per day for GF-1397 would be in the order of 1 – 100 L per day
and for the other formulations 3-50 L per day depending on whether applied by air or
ground.
Māori issues and concerns
4.39
The Committee has considered the potential Māori cultural effects in accordance with
clauses 9(b)(i) and 9(c)(iv) of the Methodology and sections 6(d) and 8 of the HSNO
Act. In addition, the Committee used the assessment framework contained in the
ERMA New Zealand User Guide “Working with Māori under the HSNO Act 1996” in
assessing this application.
4.40
The Committee notes the lack of data specific to aminopyralid’s expected performance
in New Zealand’s environment especially with regard to potential impact of adverse
effects to non-target native flora and fauna both terrestrial and aquatic.
4.41
This lack of data and uncertainty makes it difficult to assess likelihood of potential
adverse risk to Māori and their taonga. A high magnitude of impact upon kaitiakitanga
through negative impacts upon the mauri of native terrestrial and aquatic flora and fauna
species would be expected in the event of adverse effects developing from the use of
aminopyralid based compounds.
4.42
From the information provided, the Committee considers that it is difficult to assess
likelihood of impact on the relationship between Māori culture and their traditions with
their ancestral lands, water, sites, waahi tapu, valued flora and fauna and other taonga.
ERMA New Zealand Decision: Application HSR04025
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4.43
The Committee considers that culturally adverse risks will have parallel pathways of
exposure to those posed by any potentially adverse physical environmental risks.
Therefore strict adherence to controls and conditions for aminopyralid compound use
will contribute to minimising the impact on Māori and their taonga
4.44
However, should inappropriate or accidental use, transport or disposal of the substance
result in the contamination of waterways, it is suggested that the appropriate authorities,
including the relevant iwi authorities, in the region are notified. This action should
include advising them of the contamination and the measures taken in response.
Benefits
4.45
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.
4.46
The applicant has asserted that the aminopyralid substances have the following benefits:



The substances incorporate a new herbicidal active ingredient which is expected to
have a lower potential for health and environmental impact than the substances they
are intended to replace, or be an alternative to.
Their manufacture in NZ will assist with the viability of the manufacturing plant that
provides employment to approximately 50 people.
These substances will assist in the control of economically troublesome pasture
weeds.
Beneficial effects – assessment
4.47
The Committee noted that the Agency has calculated risk quotients for comparative
products. The outcome of the comparative assessment against ‘market standards’
indicates that substances containing aminopyralid present a potentially lower risk to the
aquatic environment during use than those comparative products.
4.48
The applicant notes that the manufacture of these products at the plant in New Plymouth
will assist in ensuring the viability of the plant. While this may be considered as
primarily an impact on the market economy, there is a social component in that
continued employment assists in maintaining the viability of the local community. The
four products that are planned for the local market are expected to in part replace
current products, and thus the effect may be neutral rather than positive. However, the
intention to manufacture one product for the export market may have a positive social
effect, in the circumstance that if the application were declined, the plant was
downgraded and staff employment terminated.
4.49
As noted in the identification of beneficial social and community effects there are
potentially beneficial effects to the market economy arising from the development of an
export market for one of the products.
ERMA New Zealand Decision: Application HSR04025
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4.50
The applicant has provided a significant amount of information about the economic cost
of weeds to New Zealand, and notes that these products are intended to target the five
weeds considered most troublesome by rural landowners. However, it is clear from the
application that the products are not expected to target any different weeds to products
already existing in the market. That is, these new products are expected to add to the
tools available to farmers and other land managers.
Establishment of the Approach to Risk in the Light of Risk Characteristics
4.51
In accordance with clause 33, the Committee has established a cautious position for
these substances during its consideration since aminopyralid is a new active ingredient
world-wide and there is a risk of contamination of compost should treated plant material
enter the compost stream.
Overall Evaluation of Risks, Costs and Benefits
4.52
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.
4.53
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.
4.54
Overall the level of risk to the biological and physical environment arising from the
manufacture and normal use of aminopyralid compounds is considered by the
Committee to be insignificant to low with the exception of spray drift onto terrestrial
plants where the risks are medium to high.
4.55
As discussed in paragraphs 4.29 and 4.30 above, the Committee accepts that the release
of aminopyralid-based herbicides poses potential risks to the composting industry.
4.56
As discussed in paragraphs 4.39 to 4.43 above, the Committee considers that there are
potential adverse effects to Māori and their taonga flora and fauna species, native ecosystems and natural resource practices.
4.57
As discussed in paragraphs 4.47 to 4.49 above, the Committee considers that there are
potential benefits associated with the import and manufacture of the aminopyralid
substances.
4.58
The applicant did not directly address the likely effects of aminopyralid being
unavailable. However, the Committee considers the likely effects to be a reduction in
user choice to use an alternative product in the control of weeds and loss of the potential
benefits of using a lower risk substance.
4.59
While the substances pose a degree of risk to the environment and to human health and
a potential risk to the organic waste recovery industry, the Committee is satisfied that,
taking into account the imposition of additional controls, especially the restriction on
use and the minimum pack size, the benefits of the introduction of novel substances
with low ecotoxic properties outweigh the risks and their associated costs.
ERMA New Zealand Decision: Application HSR04025
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Additional Controls under s77A
4.60
Under section 77A of the HSNO Act, the Authority may impose as controls any
obligations and restrictions that the Authority thinks fit. Before imposing a control
under this section, the Authority must be satisfied that, against any other specified
controls 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
(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.
4.61
The following additional controls are set by the Committee:
4.62
Aminopyralid shall be used for manufacturing purposes only.
4.63
The Committee considers that this additional control will be more effective in terms of
its effect on the management, use, and risks of aminopyralid, (section 77A(4)(a)), as it
considers that this restriction on the use will prevent additional risks that have not been
assessed and therefore are not managed under the controls specified under section 77 of
the Act.
4.64
GF-982 will be manufactured for export purposes only.
4.65
The Committee notes that GF-982 is being manufactured for export purposes only. The
Committee considers that this additional control would be more effective in terms of its
effect on the management, use, and risks of GF-982, as it considers that this restriction
on the purposes will prevent additional risks that have not been assessed and therefore
are not managed under the controls specified under section 77 of the Act.
4.66
GF-871, GF-389, GF-1118, GF-1397 shall only be used as herbicides for use in
agriculture, forestry and non-crop situations and not for application to turf.
4.67
Given the risks to the composting industry, the Committee considers it appropriate to
add an additional control to all substances containing aminopyralid, excluding turf
management (s77A(4)), as it is considered that this restriction on the use will mitigate
against these risks which are not managed under the controls specified under section 77
of the Act.
4.68
The Committee requires that the following statements appear on the label:
The product must not be used on turf.
DO NOT use hay or other plant material harvested within 10 weeks of treatment with
(tradename of substance) for making compost or mulching susceptible crops.
DO NOT use plant material that has been treated with (tradename of substance) within
the previous 10 weeks to make mushroom substrate.
DO NOT use manure, paunch grass or dairy effluent from animals grazing areas treated
with (tradename of substance) within the previous 10 weeks for making compost
unless the clean feed withholding period has been observed.
ERMA New Zealand Decision: Application HSR04025
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4.69
The substances are to be available in a minimum pack size of 1 L or 1 kg.
4.70
The controls relating to adverse effects of unintended ignition of class 2 and class 3.1
hazardous substances, set out in Schedule 10 of the New Zealand Gazette Notice of
Thursday, 25 March 2004, Issue Number 35, as amended by the New Zealand Gazette
Notice of Friday, 1 October 2004, Issue Number 128, shall apply to GF-982, as
applicable, notwithstanding clause (1) of the schedule.
4.71
The Committee noted that, as a means of managing the risks from GF-982, the Act
provides for regulations to be made, prescribing controls relating to adverse effects of
unintended ignition of class 2 and class 3.1 hazardous substances (section 75(1)(b)).
These provisions are currently in the form of controls on dangerous goods in Schedule
10 of the New Zealand Gazette Notice of Thursday, 25 March 2004, Issue Number 35,
as amended by the New Zealand Gazette Notice of Friday, 1 October 2004, Issue
Number 128.
4.71.1
The Committee considers that controls relating to adverse effects of unintended ignition
of class 2 and class 3.1 hazardous substances, are necessary to manage GF-982, and
noted that no other such controls have been specified under the Act.
4.71.2
In accordance with section 77A(4)(a) of the Act, 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 GF-982.
4.72
Control I19, alternative information. Regulation 30 allows for alternative labelling for
substances in multiple packaging where some or all of the required information is
obscured by outer packaging. The regulation does not allow for non-compliant
labelling on inner packages of export-only products or for the minimal labelling of outer
packaging or single containers of export-only products. Accordingly, the Committee
considers that regulation 30 should be replaced by a control that is more cost effective
in terms of its effect on the management, use, and risks of an export-only substance
(section 77A(4)(b)).
4.73
The Committee considers the following control appropriate and notes that it is
consistent with the controls set by the Authority in respect of export-only veterinary
medicines.
a) The outer packaging of a multiple package or the packaging of a single container,
which is not contained within a multiple package, must bear:
 the priority identifier information required by regulations 8, 9, 11 and 14; or
 the labelling or marking required by
i. Land Transport Rule 45001: Dangerous Goods 2005; or
ii. Civil Aviation Rule 92: Carriage of Dangerous Goods); or
iii. Maritime Rule 24A: Carriage of Cargoes - Dangerous Goods); or
 in the case of an ecotoxic substance, the pictogram for “Dangerous in the
Environment” as described in directive 92/32/EEC; or
 the relevant class or subclass label assigned by the UN Model Regulations.
b) GF-982 must be identified by enough information to enable its New Zealand supplier
or manufacturer to be contacted, either in person or by telephone.
ERMA New Zealand Decision: Application HSR04025
Page 12 of 50
c) GF-982 shall not have on it or its packaging, or with it, any information suggesting
that it belongs to a class or subclass it does not in fact belong to.
d) If the packaging of GF-982 complies with a) to c) above, it does not need to comply
with the secondary identifier requirements of regulations 18, 19, 20, 22 and 25 of the
Hazardous Substances (Identification) Regulations 2001.
Variation of Controls under Section 77
4.74
Under section 77(3), (4) and (5), the default controls determined by the hazardous
properties of the substance may be varied.
4.75
Following the identification and assessment of the effects of these substances, the
Committee has reviewed the default controls and considers that it would be appropriate
to make the following changes:
Aminopyralid
4.76
The acceptable daily exposure (ADE) values and potential daily exposure (PDE) values
determined by the Agency were inadvertently omitted from the E&R Report. These
values are required by the New Zealand Food Safety Authority for the setting of a
maximum residue level (MRL). Accordingly, the Committee has set the following
exposure values for aminopyralid:
ADE
= 0.5 mg/kg bw/day
PDEFOOD
= 0.4 mg/kg bw/day
PDEDRINKING WATER = 0.1 mg/kg bw/day.
4.77
Controls T4 and E6 are combined (section 77(5)) as they both relate to the same
regulation pertaining to requirements for equipment used to handle hazardous
substances.
4.78
Control E1 requires that Environmental Exposure Limits (EELs) be established. The
Committee considers that, given the proposed use pattern of the substance, any
environmental exposure is highly unlikely. The Committee therefore considers no
EELs need to be set for Aminopyralid and the default EEL values can be deleted under
section 77(4)(a).
4.79
Controls P3 and P14 are combined (section 77(5)) as appropriate as they both relate to
packaging requirements for the substance.
4.80
Controls D4 and D5 are combined (section 77(5)) as they both relate to disposal
requirements for the substance.
4.81
Control TR1 is triggered by the 9.2A classification of aminopyralid. This control will
not add to the management or risks associated with the substance during the lifecycle,
accordingly this control is deleted under section 77(4)(b). Any risks that may arise are
already sufficiently addressed though packaging, identification, emergency management
and other lifecycle related controls.
ERMA New Zealand Decision: Application HSR04025
Page 13 of 50
4.82
Controls AH1 and E7 are triggered by the 9.2A classification of aminopyralid. Given
the substance is solely intended for use in manufacturing pesticides, and the
environmental risks are insignificant, the Committee considers that it is appropriate that
the approved handler controls (AH1 and E7) be deleted under section 77(4)(a).
GF-871, GF-389, GF-1118, GF-1397
4.83
Control E1 requires that Environmental Exposure Limits (EELs) be established. The
Committee considers that the following EELs, should apply to GF-871, GF-389, GF1118, GF-1397:
Aminopyralid, EEL water = 0.06 mg/L water
Aminopyralid, EEL soil = 0.00002 mg/kg
Aminopyralid, EEL surface deposition = 0.005 g/ha.
4.84
Control E2 requires that a maximum application rate be established if an EEL is
established for a substance used on an area of land. The Committee has adopted the
following application rates and frequencies as proposed by the applicant:
– broadleaf weeds 60 g a.e/ha; one application per year
– brushweeds 260 g a.e./ha; one application per year.
4.85
Control E3 requires that a person using GF-871; GF-1397; GF-389; GF-1118 for the
purposes of causing biocidal action must keep written records of that use if 3 kg or more
of the substance is applied within 24 hours in an area where the substance is likely to
enter air or water and leave the place. The Committee considers that trigger quantities
should be reduced to 1 L for GF-1397 (section 77(3)(a).
4.86
Control TR1 is triggered by the 9.2A classification of aminopyralid. The Committee
considers that this requirement will not add to the management of risks associated with
the substance during use. The Committee also considers that there is no benefit in
imposing a tracking control with the intention of managing off-label use. Accordingly,
the Committee has deleted this control under section 77(4)(b) of the Act.
4.87
Controls AH1 and E7 are triggered by the 9.2A classification of substances containing
aminopyralid. Given the risks to non-target plants as identified in the risk assessment,
the Committee considers that it is appropriate that the approved handler control remain
for all end-use products containing aminopyralid, for the use-phase of the lifecycle by
all users of the substances.
GF-982 (Export only)
4.88
Control T1 relates to limiting exposure to toxic substances. The Committee does not
consider that a TEL needs to be set as GF-982 is not intended for use in New Zealand.
4.89
Control T2 relates to the requirement to set Workplace Exposure Standards (WES). The
Committee notes that no WES value has been set for aminopyralid or for any other
component in the substances by the Occupational Safety and Health Service,
Department of Labour. In the absence of relevant industrial hygiene data with respect to
the use of this substance in New Zealand, the Committee considers that no WES value
should be set for aminopyralid at this time.
ERMA New Zealand Decision: Application HSR04025
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4.90
Controls T4 and E6, relating to equipment used to handle substances are combined
(section 77(5)) and limited to the manufacturing phase of the lifecycle under section
77(4)(a).
4.91
Controls F2 and T7, relating to carriage on passenger service vehicles, are not
applicable to the intended use of GF-982 and are deleted under section 77(4)(a).
4.92
Control T8, specifying requirements for class 6.1 substances that are (lawfully) laid or
applied outdoors for terrestrial vertebrate pest control, is not applicable to the intended
use of GF-982.
4.93
Control E1 requires that Environmental Exposure Limits (EELs) be established. The
Committee considers that, given the proposed use pattern of the substance, any
environmental exposure is highly unlikely. The Committee therefore considers no
EELs need to be set for GF-982 and the default EEL values are deleted under section
77(4)(a).
4.94
Control E2, specifying requirements relating to application areas, is not applicable as
this control only applies to substances intended to be applied to an area of land, air or
water.
4.95
Control E5 relates to requirements for keeping records of use when a substance is
applied into the environment for the purposes of causing biocidal action. Given GF-982
is solely intended for use in the manufacture of herbicides, this control is not
applicable.
4.96
Identification information on a label of an export-only product is relevant and should be
required for single containers and for outer packaging on multiple packages. However,
it is not considered relevant and should not be required for inner packages of a multiple
package. Accordingly, the Committee proposes the following variations to the
identification controls:
4.97
Control I1, general identification requirements. Controls I2, I3, I5, I9, I10, I11, I13, I16,
priority and secondary identifiers, Regulations 6, 7, 8, 9, 11, 14, 18, 19, 20, 22, 25 32,
33, 34, 35, 36(1)-(7) of the Hazardous Substances (Identification) Regulations 2001.
The Committee considers that the priority and secondary identifier information
requirements should not apply to GF-982 contained within the inner packaging of
multiple packaging (section 77(4)(a)).
4.98
In addition, the Committee considers that Regulation 19(f), the identification of
ingredients, should not apply to single containers of GF-982 and this control is deleted
under section 77(4)(a).
4.99
Control D7, disposal information requirements. This control is not applicable to an
export-only product and is deleted under section 77(4)(a).
4.100
Controls EM1, EM2, EM6 and EM7, level 1 information requirements. Emergency
Management Regulations 6 to 11. The Committee considers level 1 information on a
label is not relevant to an export-only product and these controls are deleted under
section 77(4)(a).
ERMA New Zealand Decision: Application HSR04025
Page 15 of 50
4.101
Control TR1 is triggered by the 9.2A classification of aminopyralid. The Committee
considers that this requirement will not add to the management of risks associated with
the export of this substance. Risks which may arise are already addressed through
packaging, identification, emergency management and other life-cycle related controls.
Accordingly, the Committee has deleted this control under section 77(4)(b).
4.102
Controls AH1 and E7 are triggered by the 9.2A classification of substances containing
aminopyralid. Given the substance is solely intended for export, and the environmental
risks are insignificant, the Committee considers that it is appropriate that the approved
handler controls (AH1 and E7) are deleted under section 77(4)(a).
Recommendations
4.103
The Committee recommends that the applicant should provide information to the turf
industry and distributors explaining there are potential risks to compost.
4.104
The Committee recommends that, should inappropriate or accidental use, transport or
disposal of aminopyralid or aminopyralid containing substances 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
4.105
The Committee considers that use of controls on aminopyralid or aminopyralid
containing substances is an effective means of managing risks associated with these
substances. At this time no consideration has been given to whether or not
environmental charges should be applied to these substances as an alternative or
additional means of achieving effective risk management.
5
Decision
5.1
Pursuant to section 29 of the HSNO Act, the Committee has considered this application
to import and manufacture hazardous substances made under section 28 of the HSNO
Act.
5.2
The Committee is satisfied that the default controls, as varied in paragraphs 4.61 to
4.102 above, will be adequate to manage the adverse effects of the substances.
5.3
Having considered all the possible effects of the hazardous substances in accordance
with section 29 of the HSNO Act, pursuant to clause 27 of the Methodology, based on
consideration and analysis of the information provided, and taking into account the
application of controls, the view of the Committee is, while the substances pose risks to
the environment, to human health and safety, to the composting industry and to Maori,
that the benefits associated with the substances outweigh the risks and costs.
5.4
In accordance with clause 36(2)(b) of the Methodology the Committee records that, in
reaching this conclusion, it has applied the balancing tests in section 29 of the HSNO
Act and clause 27 of the Methodology.
ERMA New Zealand Decision: Application HSR04025
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5.5
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 of the HSNO Act 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.
5.6
The application for importation and manufacture of the hazardous substances
Aminopyralid, GF-389, GF-871, GF-982, GF-1118 and GF-1397 is thus approved, with
controls as detailed in Appendix 1.
Tony Haggerty
Date 30 August 2005
Chair Hazardous Substances Committee
ERMA New Zealand Approval Code:
Aminopyralid
GF-389
GF-871
GF-982
GF-1118
GF-1397
HSR001684
HSR001687
HSR001688
HSR001689
HSR001685
HSR001686
ERMA New Zealand Decision: Application HSR04025
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Appendix 1: List of Controls for Aminopyralid
substances
Control Codes and Explanations – Aminopyralid
Control
Code1
Regulation2
Explanation3
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 -Toxic Property Controls
T4, E6
7
Requirements for equipment used to handle hazardous substances
Any equipment used to handle aminopyralid must retain and/or dispense the
substance in the manner intended, ie. without leakage, and must be
accompanied by sufficient information so that this can be achieved.
T5
8
Requirements for protective clothing and equipment
Protective clothing/equipment must be employed when aminopyralid is being
handled. The clothing/equipment must be designed, constructed and
operated to ensure that the person does not come into contact with the
substance and is not directly exposed to a concentration of the substances
that is greater than the WES for that substance.
The person in charge must ensure that people using the protective
clothing/equipment have access to sufficient information specifying how the
clothing/equipment may be used, and the requirements for maintaining the
clothing/equipment.
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 following requirements are prescribed for the carriage of aminopyralid on
passenger service vehicles:
 the maximum quantity per package of aminopyralid permitted to be
carried on passenger service vehicles is 2 kg
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 - Ecotoxic Property Controls
Hazardous Substances (Identification) Regulations 2001
The Identification Regulations prescribe requirements with regard to
identification of hazardous substances in terms of:
 information that must be “immediately available” with the substance
(priority and secondary identifiers). This information is generally
provided by way of the product label
 documentation that must be available in the workplace, generally
provided by way of MSDS
 signage at a place where there is a large quantity of the substance.
I1
6, 7, 32-35, 36 General identification requirements
(1)-(7)
These controls relate to the duties of suppliers and persons in charge of
hazardous substances 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))
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 HSR04025
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Control
Code1
Regulation2
Explanation3
Regulation 6 – Identification duties of suppliers
Suppliers of any hazardous substance 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 any hazardous substance 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 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 2 seconds, eg. on the label
All secondary identifier Information (as required by Regulations 18 to 30)
must be available within 10 seconds, eg. on the label.
I2
8
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 and oral) must be readily
understandable and in English
 any information provided in written or pictorial form must be able to be
easily read or perceived by a person with average eyesight under normal
lighting conditions
 any information provided in an audible form must be able to be easily
heard by a person with average hearing
 any information provided must be in a durable format ie. the information
requirements with respect to clarity must be able to be met throughout
the lifetime of the (packaged) substance under the normal conditions of
storage, handling and use.
Priority identifiers for corrosive substances
This requirement specifies that aminopyralid must be prominently identified
as being corrosive. In addition, information must be provided on the need to
prevent access to the substance by children, unless the substance is being
used in a place of work, or part of a place of work, where children will not
lawfully be present.
ERMA New Zealand Decision: Application HSR04025
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Control
Code1
Regulation2
I3
9
I9
18
I10
19
I11
20
Explanation3
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 ecotoxic substances
This requirement specifies that aminopyralid must be prominently identified
as being ecotoxic.
This information must be available to any person handling the substance
within two seconds (Regulation 32) and can be provided by way of signal
headings or commonly understood pictograms on the label.
Secondary identifiers for all hazardous substances
This control relates to detail required for hazardous substances 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 corrosive substances
This control relates to the additional label detail required for corrosive
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 degree and general type of corrosive hazard
(eg. highly corrosive to the skin)
 an indication of the circumstances in which it may harm skin or eye
tissue, and the type and extent of harm it is likely to cause
 an indication of the circumstances in which it damage metallic objects,
and the type and extent of damage it is likely to cause
 the name and concentration of aminopyralid
Secondary identifiers for ecotoxic substances
This control relates to the additional label detail required for aminopyralid.
This information must be accessible within 10 seconds (Regulation 33) and
could be provided on secondary panels on the product label. The following
information must be provided:
 an indication of the circumstances in which it may harm living organisms
 an indication of the kind and extent of the harm it is likely to cause to
living organisms
 an indication of the steps to be taken to prevent harm to living organisms
 an indication of its general type and degree of hazard (eg. harmful to
aquatic life)
 an indication of its general type of hazard (eg. very ecotoxic in the soil
environment)
ERMA New Zealand Decision: Application HSR04025
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Control
Code1
I17
Regulation2
26
I18
27
I19
29-31
Explanation3
Use of Generic Names
This control provides the option of using a generic name to identify specific
ingredients (or groups of ingredients) where such ingredients are required to
be listed on the product label as specified by Regulation 19(f).
Use of Concentration Ranges
This control provides the option of providing concentration ranges for those
ingredients whose concentrations are required to be stated on the product
label as specified by Regulation 19(f).
Alternative information in certain cases
Regulation 29 – Substances in fixed bulk containers or bulk transport
containers
This Regulation relates to alternative ways of presenting the priority and
secondary identifier information required by Regulations 8 to 25 when
substances are contained in fixed bulk containers or bulk transport
containers.
Regulation 29(1) specifies that for fixed bulk containers, it is sufficient
compliance if there is available at all times to people near the container,
information that identifies the type and general degree of hazard of the
substance. When class 1, 2, 3, 4 or 5 substances are contained, there is an
additional requirement that information must be provided describing any
steps to be taken to prevent an unintentional explosion, ignition combustion,
acceleration of fire or thermal decomposition.
Regulation 29(2) specifies that for bulk transport containers, it is sufficient
compliance if the substance is labelled or marked in compliance with the
requirements of the Land Transport Rule 45001, Civil Aviation Act 1990 or
Maritime Transport Act 1994.
Regulation 30 – Substances in multiple packaging
This Regulation relates to situations when hazardous substances 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.
Regulation 31 – Alternative information when substances are imported
This Regulation relates to alternative information requirements for hazardous
substances that are imported into New Zealand in a closed package or in a
freight container and will be transported to their 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.
ERMA New Zealand Decision: Application HSR04025
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Control
Code1
I21
Regulation2
37-39, 47-50
Explanation3
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 aminopyralid is held in the workplace in
quantities equal to or greater than 2 kg.
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 aminopyralid equal to or greater than 2 kg, 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 aminopyralid is present in
quantities equal to or greater than those specified in Regulation 38 (and with
reference to Schedule 2 of the Identification Regulations), must ensure that
every person handling the substance has access to the documentation
required for each hazardous substance concerned. The person in charge must
also ensure that the documentation does not contain any information that
suggests that the substance belongs to a class or subclass it does not in fact
belong to.
Regulation 39 – General content requirements for documentation
The documentation provided with aminopyralid must include the following
information:
 the unequivocal identity of the substance (eg. the CAS number, chemical
name, common name, UN number, registered trade name(s))
 a description of the physical state, colour and odour of the substance
 if the substance’s physical state may alter over the expected range of
workplace temperatures, the documentation must include a description of
the temperatures at which the changes in physical state may occur and
the nature of those changes.
 in the case of a substance that, when in a closed container, is likely to
become more hazardous over time or develop additional hazardous
properties, or become a hazardous substance of a different class, the
documentation must include a description of each likely change and the
date by which it is likely to occur
 contact details for the New Zealand supplier/manufacturer/importer
 all emergency management and disposal information required for the
substance
 the date on which the documentation was prepared
 the name, concentration and CAS number of Aminopyralid.
Regulation 47 – Information not included in approval
This Regulation relates to the provision of specific documentation
information (eg. as provided on an SDS). If information required by
Regulations 39 to 46 was not included in the information used for the
ERMA New Zealand Decision: Application HSR04025
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Control
Code1
Regulation2
Explanation3
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.
I22
40
I23
41
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 corrosive substances
The documentation provided with aminopyralid must include the following
information:
 its general degree and type of corrosive hazard (eg. corrosive to eyes)
 a full description of the circumstances in which it may cause
unintentional damage to tissue or metallic objects
 a full description of the potential consequences of any damage it may
cause to tissue or metallic objects
 a full description of the steps to be taken to prevent unintentional damage
to tissue or metallic objects
 its pH or pH range.
Specific documentation requirements for ecotoxic substances
The documentation provided with aminopyralid must include the following
information:
 its general degree and type of ecotoxic hazard (eg. highly ecotoxic to the
soil environment; toxic to 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.
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 aminopyralid is held in
quantities exceeding 100 kg.
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Control
Code1
Regulation2
Explanation3
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 (eg. a 'No Smoking' warning near flammable substances).
I30
53
Advertising corrosive and toxic substances
Any advertisement for aminopyralid substance must include information that
identifies the substance is corrosive and indicates the need to restrict access
by children (unless the substance is to be used in a place of work where
children may not lawfully be present).
Hazardous Substances (Packaging) Regulations 2001
P1
5, 6, 7 (1), 8
General packaging requirements
These controls relate to the ability of the packaging to retain its contents,
allowable packaging markings with respect to design approvals, factors
affecting choice of suitable packaging, and compatibility of the substance
with any previous contents of the packaging.
Regulation 5 – Ability to retain contents
Packaging for all hazardous substances 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 hazardous substances 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 any hazardous substance, 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.
ERMA New Zealand Decision: Application HSR04025
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Control
Code1
Regulation2
Explanation3
Regulation 8 – Compatibility
Hazardous substances 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 9.B – Large Packaging
Large packaging may be used to contain hazardous substances 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, P14
9, 20
PG3
Schedule 3
PS4
Schedule 4
“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 corrosive substances (class 8)
Aminopyralid in quantities of more than 2 kg must be packaged according to
Schedule 3 (UN PGIII), but may be packaged according to either Schedule 3
or Schedule 4 when in quantities equal to or less than 2kg.
Aminopyralid that is offered for sale in a package of less than 2.5kg must be
in child resistant packaging. However, if the substance is for use in a place
of work to which children to not have access, this requirement is not
mandatory.
This schedule describes the (minimum) packaging requirements that must be
complied with for this substance when packaged in quantities of more than 2
kg. The tests in Schedule 3 correlate to the packaging requirements of UN
Packing Group III (UN PGIII).
This schedule describes the minimum packaging requirements that must be
complied with for this substance when packaged in quantities equal to or less
than 2 kg.
Hazardous Substances (Disposal) Regulations 2001
D4, D5
8, 9
Disposal requirements for toxic and corrosive substances
Aminopyralid 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 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; or
 exporting the substance from New Zealand as a hazardous waste.
D6
10
Disposal requirements for packages
This control gives the disposal requirements for packages that contained
aminopyralid 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
ERMA New Zealand Decision: Application HSR04025
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Control
Code1
Regulation2
D7
11, 12
D8
13, 14
Explanation3
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 aminopyralid that exceeds 0.1 kg.
Information must be provided on appropriate methods of disposal and
information may be supplied warning of methods of disposal that should be
avoided, ie. that would not comply with the Disposal Regulations. Such
information must be accessible to a person handling the substance within 10
seconds and must comply with the requirements for comprehensibility,
clarity and durability as described in Regulations 34-36 of the Identification
Regulations (code I1).
Disposal documentation requirements
These controls relate to the provision of documentation concerning disposal
(essentially in a SDS) that must be provided when selling or supplying a
quantity of aminopyralid that exceeds 2 kg.
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 aminopyralid when
present in quantities equal to or greater than 0.1 kg.
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)).
EM2
8(a)
EM7
8(f)
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 corrosive substances
The following information must be provided with aminopyralid when present
in quantities equal to or greater than 0.1 kg.
 A description of the usual symptoms of exposure
 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 aminopyralid when present
in quantities equal to or greater than 0.1 kg.
 a description of the parts of the environment likely to be immediately
affected by it:
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Control
Code1
Regulation2
EM8
12-16, 18-20
Explanation3
 a description of its typical effects on those parts of the environment
 a statement of any immediate actions that may be taken to prevent the
substance from entering or affecting those parts of the environment.
Level 2 emergency management information requirements
These controls relate to the duties of suppliers and persons in charge of
places of work with respect to the provision of emergency management
documentation (essentially Safety Data Sheets). This documentation must be
provided where aminopyralid is sold or supplied, or held in a workplace, in
quantities equal to or greater than 2 kg.
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
EM13
25-34
42
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 aminopyralid
is held (or reasonably likely to be held on occasion) in quantities greater
than 1000 kg.
The emergency response plan must describe all of the likely emergencies that
may arise from the breach or failure of controls. The type of information that
is required to be included in the plan is specified in Regulations 29 to 30.
Requirements relating to the availability of equipment, materials and people
are provided in Regulation 31, requirements regarding the availability of the
plan are provided in Regulation 32 and requirements for testing the plan are
described in Regulation 33.
Level 3 emergency management requirements – signage
This control relates to the provision of emergency management information
on signage at places where aminopyralid is held at quantities equal to or
greater than 100 kg.
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.
Additional control under section 77A
Aminopyralid shall be used for manufacturing purposes only
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Control Codes and Explanations – GF-871; GF-1397; GF-389; GF-1118.
Control
Code4
Regulation5
Explanation6
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 - Ecotoxic Property Controls
E1
32-45
E2
46-48
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 (eg. soil
or sediment or water), including deposition of a substance onto surfaces (eg.
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.
The following EELs are set:
Aminopyralid, EEL water = 0.06 mg/L water
Aminopyralid, EEL soil = 0.00002 mg/kg
Aminopyralid, EEL surface deposition = 0.005 g/ha
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 (eg.
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).
E5
5(2), 6
The following application rates are set:
 broadleaf weeds 60 g a.e/ha; one application per year
 brushweeds 260 g a.e./ha; one application per year.
Requirements for keeping records of use
A person using GF-1397 for the purposes of causing biocidal action must
keep written records of that use if 1 L or more of the substance is applied
within 24 hours in an area where the substance is likely to enter air or water
and leave the place.
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 HSR04025
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Control
Code4
Regulation5
E6
7
E7
9
Explanation6
A person using GF-871; GF-389; GF-1118 for the purposes of causing
biocidal action must keep written records of that use if 3 kg or 3 L or more
of the substance is applied within 24 hours in an area where the substance is
likely to enter air or water and leave the place.
The information to be provided in the record is described in Regulation 6(1).
The record must be kept for a minimum of three years following the use and
must be made available to an enforcement officer on request.
Requirements for equipment used to handle hazardous substances
Any equipment used to handle ecotoxic substances (eg. 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.
Approved handler requirements
GF-871; GF-1397; GF-389; and GF-1118 must be under the personal
control of an approved handler when used by any user.
However, the substances may be handled by a person who is not an approved
handler if:
 an approved handler is present at the facility where the substance is being
handled, and
 the approved handler has provided guidance to the person in respect of
handling, and
 the approved handler is available at all times to provide assistance if
necessary.
Hazardous Substances (Identification) Regulations 2001
The Identification Regulations prescribe requirements with regard to
identification of hazardous substances in terms of:
 information that must be “immediately available” with the substance
(priority and secondary identifiers). This information is generally
provided by way of the product label
 documentation that must be available in the workplace, generally
provided by way of MSDS
 signage at a place where there is a large quantity of the substance.
I1
6, 7, 32-35, 36 General identification requirements
(1)-(7)
These controls relate to the duties of suppliers and persons in charge of
hazardous substances 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 any hazardous substance 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.
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Control
Code4
Regulation5
Explanation6
Regulation 7 – Identification duties of persons in charge
Persons in charge of any hazardous substance 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 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 2 seconds, eg. on the label
All secondary identifier Information (as required by Regulations 18 to 30)
must be available within 10 seconds, eg. on the label.
I3
9
I9
18
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 and oral) must be readily
understandable and in English
 any information provided in written or pictorial form must be able to be
easily read or perceived by a person with average eyesight under normal
lighting conditions
 any information provided in an audible form must be able to be easily
heard by a person with average hearing
 any information provided must be in a durable format ie. the information
requirements with respect to clarity must be able to be met throughout
the lifetime of the (packaged) substance under the normal conditions of
storage, handling and use.
Priority identifiers for ecotoxic substances
This requirement specifies that GF-871; GF-1397; GF-389; GF-1118 must
be prominently identified as being ecotoxic.
This information must be available to any person handling the substance
within two seconds (Regulation 32) and can be provided by way of signal
headings or commonly understood pictograms on the label.
Secondary identifiers for all hazardous substances
This control relates to detail required for GF-871; GF-1397; GF-389; GF1118 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.
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Control
Code4
I11
Regulation5
20
I19
29-31
Explanation6
Secondary identifiers for ecotoxic substances
This control relates to the additional label detail required for GF-871; GF1397; GF-389; GF-1118. This information must be accessible within 10
seconds (Regulation 33) and could be provided on secondary panels on the
product label. The following information must be provided:
 an indication of the circumstances in which it may harm living organisms
 an indication of the kind and extent of the harm it is likely to cause to
living organisms
 an indication of the steps to be taken to prevent harm to living organisms
 in the case of GF-871; GF-389; GF-1118 (9.1C), an indication of its
general type and degree of hazard (eg. very toxic to aquatic life)
 in the case of GF-871; GF-1397; GF-389; GF-1118, (9.2A) an
indication of its general type of hazard (eg. ecotoxic to terrestrial
invertebrates)
Alternative information in certain cases
Regulation 29 – Substances in fixed bulk containers or bulk transport
containers
This Regulation relates to alternative ways of presenting the priority and
secondary identifier information required by Regulations 8 to 25 when
substances are contained in fixed bulk containers or bulk transport
containers.
Regulation 29(1) specifies that for fixed bulk containers, it is sufficient
compliance if there is available at all times to people near the container,
information that identifies the type and general degree of hazard of the
substance. When class 1, 2, 3, 4 or 5 substances are contained, there is an
additional requirement that information must be provided describing any
steps to be taken to prevent an unintentional explosion, ignition combustion,
acceleration of fire or thermal decomposition.
Regulation 29(2) specifies that for bulk transport containers, it is sufficient
compliance if the substance is labelled or marked in compliance with the
requirements of the Land Transport Rule 45001, Civil Aviation Act 1990 or
Maritime Transport Act 1994.
Regulation 30 – Substances in multiple packaging
This Regulation relates to situations when hazardous substances 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.
Regulation 31 – Alternative information when substances are imported
This Regulation relates to alternative information requirements for hazardous
substances that are imported into New Zealand in a closed package or in a
freight container and will be transported to their destination without being
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Control
Code4
Regulation5
I21
37-39, 47-50
Explanation6
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 GF-871; GF-1397; GF-389; or GF-1118
are held in the workplace in quantities equal to or greater than the 5 L or 5
kg.
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
GF-871; GF-1397; GF-389; or GF-1118 equal to or greater than equal to
or greater than the 5 L or 5 kg, if the substance is to be used in a place of
work and the supplier has not previously provided the documentation to that
person.
Regulation 38 – Documentation duties of persons in charge of places of work
The person in charge of any place of work where hazardous substances are
present in quantities equal to or greater than those specified in Regulation 38
(and with reference to Schedule 2 of the Identification Regulations), must
ensure that every person handling the substance has access to the
documentation required for each hazardous substance concerned. The person
in charge must also ensure that the documentation does not contain any
information that suggests that the substance belongs to a class or subclass it
does not in fact belong to.
Regulation 39 – General content requirements for documentation
The documentation provided with a hazardous substance must include the
following information:
 the unequivocal identity of the substance (eg. the CAS number, chemical
name, common name, UN number, registered trade name(s))
 a description of the physical state, colour and odour of the substance
 if the substance’s physical state may alter over the expected range of
workplace temperatures, the documentation must include a description of
the temperatures at which the changes in physical state may occur and
the nature of those changes.
 in the case of a substance that, when in a closed container, is likely to
become more hazardous over time or develop additional hazardous
properties, or become a hazardous substance of a different class, the
documentation must include a description of each likely change and the
date by which it is likely to occur
 contact details for the New Zealand supplier/manufacturer/importer
 all emergency management and disposal information required for the
substance
 the date on which the documentation was prepared
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Control
Code4
Regulation5
Explanation6
Regulation 47 – Information not included in approval
This Regulation relates to the provision of specific documentation
information (eg. as provided on a 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.
I23
41
Regulation 50 – Documentation to be supplied on request
Notwithstanding Regulation 37 above, a supplier must provide the required
documentation to any person in charge of a place of work (where a hazardous
substance is present) if asked to do so by that person.
Specific documentation requirements for ecotoxic substances
The documentation provided with GF-871; GF-1397; GF-389; or GF-1118
must include the following information:

I29
51-52
its general degree and type of ecotoxic hazard (eg. 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.
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 GF-871; GF-1397;
GF-389; or GF-1118 is held in quantities exceeding 100 L or 100 kg.
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.
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Control
Code4
Regulation5
Explanation6
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 (eg. 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 all hazardous substances 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 hazardous substances 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 any hazardous substance, 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
Hazardous substances 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 9.B – Large Packaging
Large packaging may be used to contain hazardous substances in New
Zealand if it has been constructed, marked and tested as a large package as
provided in Chapter 6.6 of the 13th revised edition of the UNRTDG, 2003.
“Large Packaging” does not include:
 a tank, tank wagon or transportable container (as defined in the
Hazardous Substances (Tank Wagons and Transportable Containers)
Regulations 2004, or
ERMA New Zealand Decision: Application HSR04025
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Control
Code4
Regulation5
Explanation6

a stationary container system, a stationary tank or a tank (as defined in
the Hazardous substances (Dangerous Goods and Scheduled Toxic
Substances) Transfer Notice 2004.
P3
9
Packaging requirements for substances packed in limited quantities
When GF-871; GF-1397; GF-389; or GF-1118 is packaged in a maximum
quantity of 450 L or 400kg, it may be packaged to a lesser performance
standard than normally required (as specified in Schedule 4 of the Packaging
Regulations).
PS4
Schedule 4
This schedule describes the (minimum) packaging requirements that must be
complied with for this substance.
Hazardous Substances (Disposal) Regulations 2001
D5
9
Disposal requirements for ecotoxic substances
GF-871; GF-1397; GF-389; or GF-1118 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 any part of the
environment outside the mixing zone does not exceed any EEL
(environmental exposure limit) set by the Authority for that substance; or
 exporting the substance from New Zealand as a hazardous waste
D6
10
Disposal requirements for packages
This control gives the disposal requirements for packages that contained GF871; GF-1397; GF-389; or GF-1118 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.
D7
11, 12
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 0.1
kg or 0.1 L of GF-871; GF-1397; GF-389; or GF-1118
D8
13, 14
Information must be provided on appropriate methods of disposal and
information may be supplied warning of methods of disposal that should be
avoided, ie. that would not comply with the Disposal Regulations. Such
information must be accessible to a person handling the substance within 10
seconds and must comply with the requirements for comprehensibility,
clarity and durability as described in Regulations 34-36 of the Identification
Regulations (code I1).
Disposal documentation requirements
These controls relate to the provision of documentation concerning disposal
(essentially in a SDS) that must be provided when selling or supplying a
quantity of a GF-871; GF-1397; GF-389; or GF-1118 that exceeds 5kg or
5 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
ERMA New Zealand Decision: Application HSR04025
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Control
Code4
Regulation5
Explanation6
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 GF-871; GF-1397; GF389; or GF-1118 when present in quantities equal to or greater than 0.1 L or
0.1 kg.
Regulation 6 describes the duties of suppliers, Regulation 7 describes the
duties of persons in charge of places, Regulation 9 describes the requirement
for the availability of the information (10 seconds) and Regulation 10 gives
the requirements relating to the presentation of the information with respect
to comprehensibility, clarity and durability. These requirements correspond
with those relating to secondary identifiers required by the Identification
Regulations (code I1, Regulations 6, 7, 32–35, 36(1)-(7)).
EM7
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 ecotoxic substances
The following information must be provided with GF-871; GF-1397; GF389; or GF-1118 when present in quantities equal to or greater 0.1 L or 0.1
kg.
 a description of the parts of the environment likely to be immediately
affected by it:
 a description of its typical effects on those parts of the environment
 a statement of any immediate actions that may be taken to prevent the
substance from entering or affecting those parts of the environment.
Level 2 emergency management information requirements
These controls relate to the duties of suppliers and persons in charge of
places of work with respect to the provision of emergency management
documentation (essentially Safety Data Sheets). This documentation must be
provided where GF-871; GF-1397; GF-389; or GF-1118 is sold or
supplied, or held in a workplace, in quantities equal to or greater than 5 L
or 5 kg.
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 GF-871; GF389; or GF-1118 is held (or reasonably likely to be held on occasion) in
quantities greater than 1000 L or 1000 kg.
ERMA New Zealand Decision: Application HSR04025
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Control
Code4
EM12
EM13
Regulation5
35-41
42
Explanation6
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 1000 L.
Regulation 37 prescribes requirements for places where hazardous
substances are held above ground in containers each holding up to 60L or
less. Regulation 38 prescribes requirements for places where hazardous
substances are held above ground in containers each holding between 60L
and 450L. Regulation 39 prescribes requirements for places where
hazardous substances are held above ground in containers each holding more
than 450L. Regulation 40 prescribes requirements for places where
hazardous substances are held underground. Regulation 41 prescribes
requirements for secondary containment systems that contain substances of
specific hazard classifications, eg. there is a requirement to prevent
substances from coming into contact with incompatible materials, and a
requirement to 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 GF-871; GF-1397; GF-389; or GF-1118 is held
at quantities equal to or greater than 100 L or 100 kg.
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
GF-871; GF-1397; GF-389; and GF-1118 are required to be under the
control of an approved handler during when used (see Control E7). 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.
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Control
Code4
Regulation5
Explanation6
Additional controls under section 77A
GF-871, GF-389, GF-1118, GF-1397 shall only be used as herbicides for use in agriculture, forestry and
non-crop situations and not for application to turf.
The following statements must appear on the substance label:
THE PRODUCT MUST NOT BE USED ON TURF.
DO NOT use hay or other plant material harvested within 10 weeks of treatment with (name of substance)
for making compost or mulching susceptible crops.
DO NOT use plant material that has been treated with (name of substance) within the previous 10 weeks to
make mushroom substrate.
DO NOT use manure, paunch grass or dairy effluent from animals grazing areas treated with (name of
substance) within the previous 10 weeks for making compost unless the clean feed withholding period has
been observed.
Information on the above restrictions should be provided in any material that accompanies the substances.
The substances are to be available in a minimum pack size of 1 L or 1 kg
ERMA New Zealand Decision: Application HSR04025
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Control Codes and Explanations GF-982 (Export-only)
Control
Code7
Regulation8
Explanation9
Hazardous Substances (Classes 1 to 5 Control Regulations) Regulations 2001 - Flammable Property
Controls
F6
60-70
Requirements to reduce the likelihood of unintended ignition of class 3.1
substances.
These regulations prescribe controls to reduce the likelihood of unintended
ignition of GF-982. 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 autoignition temperature of the substance, and
(2) keeping sources of ignition below the minimum ignition energy,
either by removal of the ignition source from any location where
flammable substances are handled, or by protecting the “general”
mass of flammable material from the ignition source, 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.
F11
76
It should be noted that any person handling any quantity of a class 2.1.1,
2.1.2 or 3.1 substance under any of regulations 63(4), 65, 67 and 69 must be
an approved handler for that substance, i.e. the trigger quantities that
typically activate approved handler requirements do not apply [Regulation
60(2)].
Segregation of incompatible substances
In order to reduce the likelihood of unintended ignition of GF-982, 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. A list of substances
and materials considered incompatible with class 2, 3 and 4 substances is
provided in Table 1 of Schedule 3 (Classes 1 to 5 Controls Regulations).
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.
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 HSR04025
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Control
Code7
Regulation8
Explanation9
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 -Toxic Property Controls
T4, E6
7
Requirements for equipment used to handle hazardous substances
Any equipment used to handle GF-982 must retain and/or dispense the
substance in the manner intended, ie. without leakage, and must be
accompanied by sufficient information so that this can be achieved.
T5
8
Requirements for protective clothing and equipment
Protective clothing/equipment must be employed when GF-982 is being
handled. The clothing/equipment must be designed, constructed and operated
to ensure that the person does not come into contact with the substance and is
not directly exposed to a concentration of the substances that is greater than
the WES for that substance.
The person in charge must ensure that people using the protective
clothing/equipment have access to sufficient information specifying how the
clothing/equipment may be used, and the requirements for maintaining the
clothing/equipment.
Hazardous Substances (Identification) Regulations 2001
As GF-982 is an export only product:


I1
6, 7, 32-35, 36
(1)-(7)
The standard labelling requirements should not apply to substances
contained within the inner packaging of multiple packaging.
Regulation 30 is replaced under section 77A with a control specifically
drafted to address identification of export-only substances in multiple
packaging and single containers.
General identification requirements
These controls relate to the duties of suppliers and persons in charge of
hazardous substances 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 any hazardous substance 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 any hazardous substance 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
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Control
Code7
Regulation8
Explanation9
information 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 2 seconds, eg. on the label
All secondary identifier Information (as required by Regulations 18 to 30)
must be available within 10 seconds, eg. on the label.
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 and oral) must be readily
understandable and in English
 any information provided in written or pictorial form must be able to be
easily read or perceived by a person with average eyesight under normal
lighting conditions
 any information provided in an audible form must be able to be easily
heard by a person with average hearing
 any information provided must be in a durable format ie. the information
requirements with respect to clarity must be able to be met throughout
the lifetime of the (packaged) substance under the normal conditions of
storage, handling and use.
I2
8
These regulations do not apply to GF-982 contained within the inner
packaging of multiple packaging.
Priority identifiers for corrosive substances
This requirement specifies that GF-982 must be prominently identified as
being corrosive.
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.
I3
9
This regulation does not apply to GF-982 contained within the inner
packaging of multiple packaging.
Priority identifiers for ecotoxic substances
This requirement specifies that GF-982 must be prominently identified as
being ecotoxic.
This information must be available to any person handling the substance
within two seconds (Regulation 32) and can be provided by way of signal
headings or commonly understood pictograms on the label.
I5
11
This regulation does not apply to GF-982 contained within the inner
packaging of multiple packaging.
Priority identifiers for flammable substances
This requirement specifies that GF-982 must be prominently identified as
being flammable. In addition, the following information must be provided:
 an indication of whether the substance is a gas, aerosol, liquid or solid
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Control
Code7
Regulation8
Explanation9
 if a flammable liquid, information must be provided on its general degree
of hazard (eg. 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.
I9
I10
I11
18
19
20
This regulation does not apply to GF-982 contained within the inner
packaging of multiple packaging
Secondary identifiers for all hazardous substances
This control relates to detail required for GF-982 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.
This regulation does not apply to GF-982 contained within the inner
packaging of multiple packaging
Secondary identifiers for corrosive substances
This control relates to the additional label detail required for GF-982. 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 degree and general type of corrosive hazard
(eg. highly corrosive to the eyes)
 an indication of the circumstances in which it may harm eye tissue, and
the type and extent of harm it is likely to cause
 an indication of the circumstances in which it damage metallic objects,
and the type and extent of damage it is likely to cause
This regulation does not apply to GF-982 contained within the inner
packaging of multiple packaging.
Secondary identifiers for ecotoxic substances
This control relates to the additional label detail required for GF-982. This
information must be accessible within 10 seconds (Regulation 33) and could
be provided on secondary panels on the product label. The following
information must be provided:
 an indication of the circumstances in which it may harm living organisms
 an indication of the kind and extent of the harm it is likely to cause to
living organisms
 an indication of the steps to be taken to prevent harm to living organisms
 in the case of an ecotoxic substance of classification 9.1B, an indication
of its general type and degree of hazard (eg. toxic to aquatic life)
 in the case of an ecotoxic substance of classification 9.2A, an indication
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Control
Code7
I13
I16
I19
Regulation8
22
25
29
Explanation9
of its general type of hazard (eg. very ecotoxic to the soil environment)
This regulation does not apply to GF-982 contained within the inner
packaging of multiple packaging.
Secondary identifiers for flammable substances
This control relates to the additional label detail required for GF-982. 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 (eg. low
hazard 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.
This regulation does not apply to GF-982 contained within the inner
packaging of multiple packaging.
Secondary identifiers for toxic substances
This control relates to the additional label detail required for GF-982. 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.
This regulation should not apply to GF-982 contained within the inner
packaging of multiple packaging.
Alternative information in certain cases
Regulation 29 – Substances in fixed bulk containers or bulk transport
containers
This Regulation relates to alternative ways of presenting the priority and
secondary identifier information required by Regulations 8 to 25 when
substances are contained in fixed bulk containers or bulk transport
containers.
Regulation 29(1) specifies that for fixed bulk containers, it is sufficient
compliance if there is available at all times to people near the container,
information that identifies the type and general degree of hazard of the
substance. When class 1, 2, 3, 4 or 5 substances are contained, there is an
additional requirement that information must be provided describing any
steps to be taken to prevent an unintentional explosion, ignition combustion,
acceleration of fire or thermal decomposition.
Regulation 29(2) specifies that for bulk transport containers, it is sufficient
compliance if the substance is labelled or marked in compliance with the
requirements of the Land Transport Rule 45001, Civil Aviation Act 1990 or
Maritime Transport Act 1994.
ERMA New Zealand Decision: Application HSR04025
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Control
Code7
Regulation8
Explanation9
Export-only substances
The outer packaging of a multiple package or the packaging of a single
container which is not contained within a multiple package must bear:
 the priority identifier information required by regulations 8, 9, 11
and 14 of the Hazardous Substances (Identification) Regulations
2001; or

the labelling or marking required by
o Land Transport Rule 45001: Dangerous Goods 2005; or
o Civil Aviation Rule 92: Carriage of Dangerous Goods);
or
o Maritime Rule 24A: Carriage of Cargoes - Dangerous
Goods); or

The pictogram for “Dangerous in the Environment” as described in
directive 92/32/EEC; or
The relevant class or subclass label assigned by the UN model
Regulations.

GF-982 must be identified by enough information to enable its New
Zealand supplier or manufacturer to be contacted, either in person or by
telephone
GF-982 shall not have on its packaging, or with it, any information
suggesting that it belongs to a class or subclass it does not in fact belong
to.
I21
37-39, 47-50
If the packaging of GF-982 complies with these requirements, it does not
need to comply with the secondary identifier requirements of regulations
18, 19, 20, 22 and 25 of the Hazardous Substances (Identification)
Regulations 2001.
Documentation required in places of work
These controls relate to the duties of suppliers and persons in charge of
places of work with respect to provision of documentation (essentially
Material Safety Data Sheets) (Regulations 37, 38 and 50); the general content
requirements of the documentation (Regulation 39 and 47); the accessibility
and presentation of the required documentation with respect to
comprehensibility and clarity (Regulation 48).
These controls are triggered when GF-982 is held in the workplace in
quantities equal to or greater than the 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 GF-982 equal to or greater 1L, if the substance is to be used in a
place of work and the supplier has not previously provided the
documentation to that person.
Regulation 38 – Documentation duties of persons in charge of places of work
The person in charge of any place of work where hazardous substances are
present in quantities equal to or greater than those specified in Regulation 38
(and with reference to Schedule 2 of the Identification Regulations), must
ensure that every person handling the substance has access to the
documentation required for each hazardous substance concerned. The person
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Control
Code7
Regulation8
Explanation9
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 a hazardous substance must include the
following information:
 the unequivocal identity of the substance (eg. the CAS number, chemical
name, common name, UN number, registered trade name(s))
 a description of the physical state, colour and odour of the substance
 if the substance’s physical state may alter over the expected range of
workplace temperatures, the documentation must include a description of
the temperatures at which the changes in physical state may occur and
the nature of those changes.
 in the case of a substance that, when in a closed container, is likely to
become more hazardous over time or develop additional hazardous
properties, or become a hazardous substance of a different class, the
documentation must include a description of each likely change and the
date by which it is likely to occur
 contact details for the New Zealand supplier/manufacturer/importer
 all emergency management and disposal information required for the
substance
 the date on which the documentation was prepared
 the name, concentration and CAS number of Aminopyralid (tech)
Regulation 47 – Information not included in approval
This Regulation relates to the provision of specific documentation
information (eg. as provided on a 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 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.
ERMA New Zealand Decision: Application HSR04025
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Control
Code7
I22
Regulation8
40
I23
41
I25
43
I28
46
Explanation9
Specific documentation requirements for corrosive substances
The documentation provided with GF-982 must include the following
information:
 its general degree and type of corrosive hazard (eg. corrosive to the eyes)
 a full description of the circumstances in which it may cause
unintentional damage to tissue or metallic objects
 a full description of the potential consequences of any damage it may
cause to tissue or metallic objects
 a full description of the steps to be taken to prevent unintentional damage
to tissue or metallic objects
 for substances of class 8.3, its pH or pH range.
Specific documentation requirements for ecotoxic substances
The documentation provided with GF-982 must include the following
information:
 its general degree and type of ecotoxic hazard (eg. toxic to the aquatic
environment; highly toxic to the soil 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 flammable substances
The documentation provided with GF-982 must include the following
information:
 its general degree and type of flammable hazard
 a full description of the circumstances in which it may be ignited
unintentionally
 the likely effect of an unintentional ignition
 a full description of the steps to be taken to prevent an unintentional
ignition
 if it is a liquid, its lower and upper explosive limits, expressed as volume
percentages in air or its flash point (and flash point methodology) and
auto-ignition temperature
Specific documentation requirements for toxic substances
The documentation provided with GF-982 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 (toxic) 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
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Code7
Regulation8
I29
51-52
Explanation9
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 GF-982 is held in quantities
exceeding 100 L.
Signs are required:
 at every entrance to the building and/or location (vehicular and
pedestrian) where hazardous substances are present
 at each entrance to rooms or compartments where hazardous substances
are present
 immediately adjacent to the area where hazardous substances are located
in an outdoor area.
The information provided in the signage needs to be understandable over a
distance of 10 metres and be sufficient to:
 advise that the location contains hazardous substances
 describe the general type of hazard of each substance (e.g. flammable)
 where the signage is immediately adjacent to the hazardous substance
storage areas, describe the precautions needed to safely manage the
substance (eg. 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 all hazardous substances 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 hazardous substances 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 any hazardous substance, account must be taken of its
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Control
Code7
Regulation8
Explanation9
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
Hazardous substances 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 9.B – Large Packaging
Large packaging may be used to contain hazardous substances 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,
P14, P15
9, 19, 20, 21
PG3
Schedule 3
PS4
Schedule 4
“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 corrosive substances (class 8)
GF-982 in quantities of more than 1L must be packaged according to
Schedule 3 (UN PGIII), but may be packaged according to either Schedule 3
or Schedule 4 when in quantities equal to or less than 1L.
This schedule describes the (minimum) packaging requirements that must be
complied with for this substance when packaged in quantities of more than 1
L. The tests in Schedule 3 correlate to the packaging requirements of UN
Packing Group III (UN PGIII).
This schedule describes the minimum packaging requirements that must be
complied with for this substance when packaged in quantities equal to or less
than 1 L.
Hazardous Substances (Disposal) Regulations 2001
D2, D4,
6, 8, 9
Disposal requirements for flammable substances
D5
GF-982 must be disposed of by:
 treating the substance so that it is no longer a hazardous substance.
Treatment does not include depositing the substance in a landfill or
sewage facility but can include controlled burning providing that the
performance requirements as set out in Regulation 6(3)(b) of the
Disposal Regulations for protecting people and the environment are met;
or
 exporting the substance from New Zealand as a hazardous waste.
However, there is provision for GF-982 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.
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Control
Code7
D6
Regulation8
10
D8
13, 14
Explanation9
Disposal requirements for packages
This control gives the disposal requirements for packages that contained GF982 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 documentation requirements
These controls relate to the provision of documentation concerning disposal
(essentially in a SDS) that must be provided when selling or supplying a
quantity of GF-982 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).
Hazardous Substances (Emergency Management) Regulations 2001
EM8
12-16, 18-20
Level 2 emergency management information requirements
These controls relate to the duties of suppliers and persons in charge of
places of work with respect to the provision of emergency management
documentation (essentially Safety Data Sheets). This documentation must be
provided where GF-982 is sold or supplied, or held in a workplace, in
quantities equal to or greater than the 1 L.
Regulations 12 and 13 describe the duties of suppliers, regulation 14
describes the duties of persons in charge of places of work, regulation 15
provides for the option of complying with documentation requirements of the
transport rules when the substance is being transported, and regulation 16
specifies requirements for general contents of the documentation.
EM9
17
EM10
21-24
Regulation 18 prescribes location and presentation requirements for the
documentation, i.e. it must be available within 10 minutes, be readily
understandable, comprehensible and clear. These requirements correspond
with those relating to documentation required by the Identification
regulations (code I21).
Specific documentation requirements for flammable and oxidising
substances and organic peroxides
There is an additional requirement for GF-982 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 GF-982 is held in a place of work in
quantities exceeding 500 L must have 2 fire extinguishers. 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
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Control
Code7
Regulation8
EM11
25-34
EM12
EM13
35-41
42
Explanation9
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 GF-982 is
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 GF-982 is held in
quantities equal to or greater than 1000 L.
Regulation 37 prescribes requirements for places where hazardous
substances are held above ground in containers each holding up to 60L or
less. Regulation 38 prescribes requirements for places where hazardous
substances are held above ground in containers each holding between 60L
and 450L. Regulation 39 prescribes requirements for places where
hazardous substances are held above ground in containers each holding more
than 450L. Regulation 40 prescribes requirements for places where
hazardous substances are held underground. Regulation 41 prescribes
requirements for secondary containment systems that contain substances of
specific hazard classifications, eg. there is a requirement to prevent
substances from coming into contact with incompatible materials, and a
requirement to 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 GF-982 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.
Additional controls under section 77A
GF-982 will be manufactured for export purposes only.
The controls relating to adverse effects of unintended ignition of class 2 and class 3.1 hazardous substances,
set out in Schedule 10 of the New Zealand Gazette Notice of Thursday, 25 March 2004, Issue Number 35, as
amended by the New Zealand Gazette Notice of Friday, 1 October 2004, Issue Number 128, shall apply, as
applicable, notwithstanding clause (1) of the schedule
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