Amended under s67A on 29 October 2010
Amended under s67A on 21 December 2006
ENVIRONMENTAL RISK MANAGEMENT AUTHORITY
DECISION
23 June 2003
Application code
HSR03001
Application type
To import or manufacture any hazardous substance under Section
28 of the Hazardous Substances and New Organisms (HSNO) Act
1996
Applicant
Reckitt Benckiser (New Zealand) Ltd
Purpose
To import RB-2-110, a pest control product containing pyrethroid
actives which is used as an insecticide aerosol spray.
Date received
26 February 2003
Consideration date
13 June 2003
Considered by
Hazardous Substances Standing Committee of the Authority
1
Summary of Decision
1.1
The application to import or manufacture RB-2-110 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.
1.2
The substance has been given the following unique identifier for the ERMA New
Zealand Hazardous Substances Register:
RB-2-110
1.3
ERMA New Zealand has adopted the European Union use classification system as
the basis for recording the nature and uses of substances approved. The following
use categories are recorded for this substance:
Main Category:
4
Wide dispersive use
Industrial category:
5
Personal/domestic
Function/Use category:
39
Pesticides, non-agricultural
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 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 Hazardous
Substances and New Organisms (Methodology) Order 1998 (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 received on 26 February 2003, and was verified on 14 March
2003.
3.2
In accordance with sections 53(1) and 53A, and clauses 2(b) and 7, public
notification was made on 17 March 2003.
3.3
Submissions closed on 1 May 2003. No submissions were received.
3.4
Various government departments (including the Ministry of Health, 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(e) and 5) and provided with an
opportunity to comment or make a public submission on the application.
3.5
The Ministry of Health indicated that it had no issues to raise with respect to this
substance.
3.6
The Senior Fisheries Officer of Fish and Game New Zealand, Eastern Region,
indicated that it did not wish to consult or to make a submission, since the substance
does not pose a risk to sports fish or game birds or their habitats.
3.7
The Human Rights Commission advised that it would not be providing comments or
making a submission in respect to this application.
3.8
No external experts were used in considering this application (clause 17).
3.9
A public hearing was not required to be held.
3.10
Members of the Hazardous Substances Standing Committee (Mr Tony Haggerty, Dr
Lin Roberts and Mr Manuka Henare) considered the application (section 19(2)(b)).
Environmental Risk Management Authority Decision: Application HSR03001
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3.11
The information available to the Committee comprised:
 The application
 Confidential Appendices
o Formulation
 ERMA New Zealand Evaluation and Review Report (E&R Report)
4
The Consideration
Purpose of the Application
4.1
The purpose of the application is to import RB-2-110 for use as a domestic
insecticidal aerosol spray.
Sequence of the Consideration
4.2
In accordance with clause 24, the approach adopted by the Committee was to:
 Establish the hazard classifications for the 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.
 Consider and determine variations to the default controls arising from the
circumstances provided for in sections 77(3), (4) and (5) and then consolidate
controls.
 Evaluate overall risks, costs, and benefits to reach a decision. The combined
impact of risks, costs and benefits was evaluated in accordance with clause 34,
and the cost-effectiveness of the application of controls was considered in
accordance with clause 35.
Hazard Classification
4.3
The Committee agreed with the Project Team’s assessment of the hazard profile of
RB-2-110 and classifies it as follows:
2.1.2A – flammable aerosol
9.1A – very ecotoxic to aquatic organisms
9.4B – ecotoxic to terrestrial invertebrates
Default Controls
4.4
The Committee considered that the E&R Report correctly assigned default controls
as set out in the HSNO Regulations. They were used as the reference for subsequent
consideration of the application. The default controls are identified in the E&R
Report (pages 13 and 14) and are not reproduced here.
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Identification of the Significant Risks, Costs and Benefits of the Substance
4.5
The Committee identified potentially non-negligible risks, costs and benefits with
reference to clauses 9 and 11, which incorporate relevant material from sections 2, 5,
6, and 8.
Risks
4.6
The Committee reviewed the identification of risks made by the applicant and
additional risks identified in the E&R Report.
4.7
The Committee is satisfied that risks to Māori, society, and the economy are
negligible.
4.8
Risks to human and environmental health are identified in paragraphs 4.12 to 4.13.
Benefits
4.9
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.
4.10
The Committee noted the benefits put forward by the applicant, being:
 RB-2-110 is effective against a range of insects. Hence it is beneficial to public
health as it helps to eradicate disease-carrying pests.
 RB-2-110 may be less concentrated than some similar products already sold in
New Zealand.
 RB-2-110 provides an alternative to other products on the market, giving
consumers a wider choice and competitive pricing.
 RB-2-110 is packaged in recyclable aerosol cans.
Assessment of the Potentially Non-negligible Risks of the Substances
4.11
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.
4.12
The potential risks associated with RB-2-110, before the application of controls, that
were identified and considered by the Committee were:
 acceleration of a fire during shipping, transportation, storage or retailing;
 adverse effects on indoor fish if fish-tanks are exposed during use of the
substance.
4.13
Having regard for the matters set out in sections 5 and 6 of the HSNO Act, and
clauses 9 and 11 of the Methodology, the Committee is satisfied that the risks
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identified in paragraph 4.12 are negligible when the appropriate HSNO controls are
applied.
Assessment of the Potentially Non-negligible Costs and Benefits
4.14
The potentially non-negligible benefits have been detailed in paragraph 4.10 above.
The Committee is unable to place an expected value on the benefits (clause 13(b))
but is satisfied that the ability of the applicant to enter the market could give rise to
the associated benefits.
4.15
A “cost” is defined in regulation 2 of the Methodology as “the value of a particular
adverse effect expressed in monetary or non-monetary terms”. The Methodology
and the Act both call for consideration of monetary and non-monetary costs (clause
13 and section 9).
4.16
The Committee is satisfied that no significant costs (new or cumulative) will result
from the release of this substance as it will not contribute any additional adverse
indirect costs when compared with existing insecticidal aerosol sprays available in
New Zealand.
Establishment of the Approach to Risk in the Light of Risk Characteristics
4.17
Clause 33 requires the Authority, when considering applications, to have regard for
the extent to which a specified set of risk characteristics exist. The intention of this
provision is to provide a route for determining how cautious or risk averse the
Authority should be in weighing up risks and costs against benefits.
4.18
As the Committee considers that the risks involved in this application are all
negligible with the controls in place, the risk characteristics are not further analysed
to establish an approach to risk.
Overall Evaluation of Risks, Costs and Benefits
4.19
Having regard to clauses 22 and 34 and in accordance with the tests in clause 26 and
section 29 risks, costs and benefits were evaluated taking account of all proposed
controls including default controls.
4.20
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.
4.21
The Committee is satisfied that the substance poses negligible risks to the
environment and to human health and safety and that it is evident that the benefits do
outweigh the costs. The application may therefore be approved in accordance with
clause 26.
Environmental Risk Management Authority Decision: Application HSR03001
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5
Controls
Additional Controls under Section 77A
5.1
The Hazardous Substances (Pesticides) (Amendment) Transfer Notice 2006 states
that, unless specifically allowed for, no pesticide may be applied onto or into water.
As RB-2-110 is not approved for such use, the following control is applied to RB2-110:
RB-2-110 must not be applied directly onto or into water
Variation of Controls under Section 77
5.2
Clause 35(b) requires the Authority to invite the applicant to comment on the cost
effective application of the controls to achieve a specified level of risk management.
The Authority considered the comments of the applicant prior to making its decision
with respect to this application.
5.3
Under section 77(3), (4) and (5), the default controls determined by the hazardous
properties of the substance may be varied.
5.4
Control code E1 refers to the setting of EELs. As the Committee considers that it is
highly unlikely that this substance will enter the environment in sufficient quantities
to cause adverse effects following normal use, the default EELWATER, EELSOIL and
EELSEDIMENT are deleted (section 77(4)(a)).
5.5
Control Code E2 (regulations 46-48 of the Hazardous Substances (Classes 6, 8 and 9
Controls) Regulations 2001) applies to application areas which are defined under
regulation 46 as areas of land, air or water. As the substance is to be used in a
domestic setting and EELs are not set, this control is deleted (section 77(4)(a)).
5.6
Control Code E3 (regulation 49 of the Hazardous Substances (Classes 6, 8 and 9
Controls) Regulations 2001) applies to the application of substances in an area
where bees are foraging, or where bees are likely to forage. As the substance is to
be used in a domestic setting, this control is deleted (section 77(4)(a)).
5.7
Control Codes E8 (regulation 10 of the Hazardous Substances (Classes 6, 8 and 9
Controls) Regulations 2001) and F2 (regulation 8 of the Hazardous Substances
(Classes 1 to 5 Controls) Regulations 2001), relating to the carriage of RB-2-110 on
passenger service vehicles, are combined (section 77(5)). The most stringent
requirements, being those of Control Code E8, apply. The maximum quantity of
RB-2-110 per package that may be carried on passenger service vehicles is 1 L
(aggregate water capacity).
5.8
Control Code I21 (Regulation 38 of the Hazardous Substance (Identification)
Regulations 2001) requires that the person in charge of any place of work where RB2-110 is present in 2 or more containers, an aggregate quantity equal to or greater
than 10 L (aggregate water capacity) and none of the individual containers holds
more than 1 L, must ensure that every person handling the substance has access to
the documentation containing all relevant information. This level of control is not
Environmental Risk Management Authority Decision: Application HSR03001
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considered necessary for the storage of domestic flysprays and is deleted under
section 77(4)(b).
5.9
With respect to trigger quantities that activate level 1 emergency management
information requirements, the Committee notes that a printing error relating to these
regulations resulted in trigger quantities for ecotoxic substances being accidentally
omitted from Schedule 1. However, the Committee strongly recommends that the
appropriate emergency management information for ecotoxic substances (regulation
8(f)) be provided when supplying RB-2-110 in quantities above 1 L (aggregate water
quantity).
5.10
Control Codes D2 and D5 (regulations 6 and 9 of the Hazardous Substances
(Disposal) Regulations 2001), setting out disposal requirements for flammable and
ecotoxic substances, are combined (section 77(5)). The requirements of the most
stringent control, D2, apply.
5.11
Control codes F4 (regulation 56 of the Hazardous Substances (Classes 1 to 5
Controls) Regulations) and E7 (regulation 9 of the Hazardous Substances (Classes 6,
8 and 9 Controls) Regulations) set out the requirements relating to approved
handlers. As the risks to the environment are adequately managed by the ecotoxic
controls, the approved handler control is only appropriate to manage the risks arising
from the flammable properties of the substance. Accordingly, control code E7 is
deleted (section 77(4)(b)). A trigger level of 3,000 L (aggregate water capacity)
applies for code F4.
5.12
Control code TR1 (regulations 4 to 6 of the Hazardous Substances (Tracking)
Regulations 2001) is deleted (section 77(4)(b)). As the risks to the environment will
be adequately managed by the ecotoxic controls, the Committee considers that
deletion of the tracking controls would not significantly increase the adverse effects
of the substance.
5.13
It is noted that the Hazardous Substances (Packaging) Regulations do not apply to
containers for holding gases or aerosol components under pressure (see Regulation
4(2)(a)). Accordingly, the packaging controls that would otherwise be triggered by
the toxic and ecotoxic properties of the substances have not been included in
Appendix 1.
5.14
As a flammable aerosol of class 2.1.2A, the substance will trigger the default
controls relating to aerosol containers under the proposed HSNO Compressed Gas
Regulations which have yet to be promulgated. Currently, aerosol containers are
controlled by the Dangerous Goods (Class 2 - Gases) Regulations 1980. Until such
time as the Compressed Gas Regulations come into effect, the Committee
recommends that regulations 114(a) to (c) of the Dangerous Goods (Class 2 –Gases)
Regulations 1980 relating to aerosol containers be complied with.
Environmental User Charges
5.15
In the current absence of comprehensive criteria for undertaking such a
consideration, no consideration has been given to whether or not environmental user
charges should be applied to the substance which is the subject of this approval.
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6
Decision
6.1
Pursuant to section 29 of the Act, the Committee has considered this application to
import a hazardous substance made under section 28 of the Act.
6.2
Having considered all the possible effects of the hazardous substance in accordance
with section 29 of the Act, pursuant to clause 26 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 that the substance poses
negligible risks to the environment and to human health and safety, and it is
concluded that the benefits associated with the substance outweigh the costs.
6.3
The Committee is satisfied that the default controls, as modified in sections 5.3 to
5.13, will be adequate to manage the adverse effects of the substance.
6.4
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 Act
and clause 26 of the Methodology.
6.5
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 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 26 - risks are negligible 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.
6.6
The application for importation and manufacture of the hazardous substance RB-2110 is thus approved, with controls as detailed in Appendix 1.
Mr Tony Haggerty
Hazardous Substances Committee
Date 23 June 2003
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Amendment December 2006
(a)
Addition of a s77A control stating:
RB-2-110 must not be applied directly onto or into water
Tony Haggerty
Date 21 December 2006
Chair
Environmental Risk Management Authority Decision: Application HSR03001
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Amendment October 2010
9.4A classification changed to 9.4B.
Helen Atkins
Date
Chair
Hazardous Substances Committee
Environmental Risk Management Authority Decision: Application HSR03001
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Appendix 1: List of Controls that apply to RB-2-110
Control
Code1
Code
F1
F3
Regulation2
Explanation3
Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001 - Flammable
Property Controls
General test certification requirements for class 2 substances
Regulation 7
Where a test certificate is required for a hazardous substance
location holding flammable substances such as RB-2-110, that test
certificate must be issued by an approved test certifier and must
typically be renewed yearly. However, the Authority can, on
request by the persons required to obtain the test certificate, extend
the time period to 3 years.
See F14, regulation 81 for test certification requirements.
Regulation 55
General limits on flammable substances
Where RB-2-110 is present at a place for longer than 18 hours, and
in a quantity that exceeds 3,000 L (aggregate water capacity), it
must be held at a hazardous substance location (F12, regulations 7778), or transit depot (F16, regulation 83), as appropriate.
F4
Regulation 56
Certain flammable substances to be under the control of an approved
handler
The controls relating to approved handlers are triggered by the
flammable substance classification 2.1.2. When RB-2-110 is held
in quantities above 3,000 L (aggregate water capacity), it must be
under the control of an approved handler or secured to a specified
standard.
It should be noted that any person handling any quantity of a class
2.1.2 substance under any of regulations 61, 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)).
1
Note: The number system used in this column relates to the coding system used in the ERMA New Zealand
Controls Matrix. This links to the hazard classification categories in the regulatory controls triggered by each
category. It is available from ERMA New Zealand and is also contained in the ERMA New Zealand User
Guide to the Controls 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.
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F5
Regulations
58-59
Requirements regarding hazardous atmosphere zones for flammable
aerosols (2.1.2)
There is a requirement to establish a hazardous atmosphere zone
wherever RB-2-110 is present in quantities greater than 3,000 L
(aggregate water capacity). The zone must comply with either of
the standards as listed in regulation 58 (a)-(b) or an ERMA
approved code of practice.
There are a number of requirements that must be met regarding
hazardous atmosphere zones, including:

any controls placed on electrical systems or electrical
equipment within a hazardous atmosphere zone must be
consistent with any controls on electrical systems or electrical
equipment set under other legislation that are relevant to that
specific location. This is to ensure that any potential ignition
sources from electrical system or electrical equipment are
protected or insulated to an extent that is consistent with the
degree of hazard (regulation 59)

F6
Regulations
60-70
Test certification requirements (regulation 81)
Requirements to prevent unintended ignition of flammable aerosols
(2.1.2)
These regulations prescribe controls to reduce the likelihood of
unintended ignition of flammable aerosols. 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 RB-2-110, or the temperature
of any surface in contact with RB-2-110, below 80% of
its auto-ignition temperature, and
(2)
keeping sources of ignition below the minimum ignition
energy, either by removal of the ignition source from any
location where RB-2-110 is 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.
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It should be noted that any person handling any quantity of a class
2.1.2 substance under any of regulations 61, 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)).
F11
Regulation 76
Segregation of incompatible substances
In order to reduce the likelihood of unintended ignition of
flammable substances, there is a requirement to ensure that RB-2110 does not come into contact with any incompatible substance or
material, eg by keeping it away from all class 1 substances. A list
of substances and materials considered incompatible with class 2
substances is provided in Table 1 of Schedule 3 of the Hazardous
Substances (Classes 1 to 5 Controls) Regulations.
F12
Regulations
77-78
General requirement for hazardous substance locations for flammable
substances
There is a requirement to establish a hazardous substance location
where RB-2-110 is present in quantities greater than 3,000 L
(aggregate water capacity) and for a period exceeding 18 hours.
Within such zones, there is a requirement for the person in charge
to:

notify the responsible enforcement authority of the locality and
capacity of the hazardous substance location

where relevant, ensure that RB-2-110 will be under the control
of an approved handler and that any container/building used to
hold RB-2-110 is secured

ensure that any test certification requirements are met

ensure that a site plan is available for inspection

where required, establish and manage a hazardous atmosphere
zone
A number of controls are prescribed for hazardous substance
locations in order to reduce the likelihood of unintended ignition of
class 2.1.2 substances (regulation 78), including:

requirements for fire resistant walls (240/240/240 minutes) and
separation distances (greater than 3 m) to isolate any ignition
sources

safety requirements for electrical equipment (construction,
design, earthling)

requirements for segregation of incompatible substances
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F14
Regulation 81
Test certification requirements for facilities where class 2.1.2
substances are present
There is a test certification requirement when RB-2-110 is present at
any hazardous substance location, hazardous atmosphere zone or
transit depot when in quantities above 3,000 L (aggregate water
capacity).
That test certificate must be issued by an approved test certifier and
must demonstrate compliance with a number of specified controls,
including:

notification to relevant enforcement officer of hazardous
substance location
F16
Regulation 83

approved handler requirements

security requirements

hazardous atmosphere zone requirements, including controls on
electrical systems and electrical equipment

segregation of incompatible substances

signage requirements

emergency management requirements

fire-fighting equipment

secondary containment
Controls on transit depots where flammable substances are present
Transit depots are places designed to hold hazardous substances (in
containers that remain unopened) for a period of up to 3 days, but
for periods that are more than 18 hours.
Whenever RB-2-110 is held at a transit depot in quantities
exceeding 3,000 L (aggregate water capacity), there is a
requirement for the person in charge to:

notify the responsible enforcement authority of the locality and
capacity of the hazardous substance location

where relevant, ensure that the substance will be under the
control of an approved handler

ensure that any road vehicle loaded with containers of RB-2110 is within specified distances of other vehicles or places
containing hazardous substances

ensure that containers of RB-2-110 held in the depot (but not
loaded onto a vehicle) are within specified distances from
vehicles or other containers

ensure that all the substance remains in its containers and the
containers remain closed

ensure the safety of any electrical equipment
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
comply with any signage requirements

F17
Regulations
84-85
comply with relevant parts of other Acts and Regulations, e.g.
Electricity Act 1992, HSE (Mining Underground Regulations)
1999 or Civil Aviation Rules
Requirements to control adverse effects of intended ignition of
flammable substances, including requirements for protective
equipment and clothing
These controls are intended to ensure that where any class 2.1.2
substance is intentionally burnt, the effects of combustion are
managed:

to ensure that adverse effects are contained within the intended
area, and

To prevent people being exposed to harmful levels of heat
radiation.
Regulation 84(1) prescribes controls relating to the maximum level
of heat radiation that a person may be exposed to whenever a class
2.1.2 substance is intentionally burnt. If the intended combustion
involves burning RB-2-110 at a rate in excess of 20 kg/hour or 20
L/hour, there is an additional requirement for the person in charge to
establish a combustion zone around the intended combustion area
(regulation 84(2)). The person in charge of the combustion zone
must ensure that:

the enforcement officer has been notified of the combustion
zone’s location

the combustion zone encompasses all areas where there is the
potential for people to be exposed to a higher degree of heat
radiation than the level specified in regulation 84(1)(b)

a site plan of the combustion zone is available at all times

all non-authorised personnel are excluded from the zone

the level of heat radiation outside the combustion zone at no
exceeds the level specified in regulation 84(1)(b)

There is appropriate signage around the perimeter of the zone
warning that combustion is occurring and prohibiting entry into
the zone.
For those situations where the level of heat radiation within a
combustion zone may exceed the level specified in regulation
84(1)(b), there is a requirement for the person in charge to ensure
that all people entering the combustion zone have the appropriate
protective clothing and equipment (regulation 85). Specific
requirements are prescribed relating to the design, construction and
use of the protective clothing and equipment, including:

they must be designed, constructed and operated to prevent any
person being subjected to more than the level of heat radiation
specified in regulation 84(1)(b)
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
They must either be constructed of materials that are not
degraded, attacked or combusted by RB-2-110 under the
expected use conditions, or if they are not completely resistant,
they must retain their integrity for the time specified by the
supplier.

They must be accompanied by documentation that gives
sufficient instruction on their use and maintenance.
Hazardous Substances (Compressed Gases) Regulations
CG
These regulations will provide controls on aerosol containers. They
have yet to be promulgated.
Until such time as the Hazardous Substances (Compressed Gases)
Regulations comes into effect, the Committee recommends that
regulations 114(a) to (c) of the Dangerous Goods (Class 2 – Gases)
Regulations 1980 relating to aerosol containers should be complied
with.
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 - Ecotoxic Property
Controls
E5
Regulations Requirements for keeping records of use
5(2), 6
This control is triggered by hazard classification of 9.1A or 9.4A.
A person using RB-2-110 must keep a written record of that use if
3kg or more of the substance is applied or discharged within 24
hours in an area where it may enter air or water (and leave the place
where it is under control).
The information to be provided in the record is described in
regulation 6(1). The record must be kept for a minimum of 3 years
following the use and must be made available to an enforcement
officer on request.
E6
Regulation 7
Requirements for equipment used to handle hazardous
substances
Any equipment used to handle RB-2-110 (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.
E8
Regulation
10
General public transportation restrictions and requirements for class 2
substances
The maximum quantity of RB-2-110 per package permitted to be
carried on passenger service vehicles is 1 L (aggregate water
capacity).
Environmental Risk Management Authority Decision: Application HSR03001
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Hazardous Substances (Identification) Regulations 2001
The Hazardous Substances (Identification) Regulations prescribe
requirements with regard to identification of RB-2-110 in terms of

Information that must be “immediately available” with RB-2110 (priority and secondary identifiers). This information is
generally provided by way of the product label
I1

documentation that must be available in the workplace,
generally provided by way of Material Safety Data Sheets

Signage at a place where there is a large quantity of RB-2-110.
Regulations 6, General identification requirements
These controls relate to the duties of suppliers and persons in charge
7, 32-35,
of hazardous substances with respect to identification (essentially
36 (1)-(7)
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 RB-2-110 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 RB-2-110 within 2 seconds (regulation 32), and the
secondary identifier information available within 10 seconds
(regulation 33).
Suppliers must also ensure that no information is supplied with RB2-110 (or its packaging) that suggests it belongs to a class that it
does not in fact belong to.
Regulation 7 – Identification duties of persons in charge
Persons in charge of RB-2-110 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 RB-2-110 within 2 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 RB-2-110 (or its packaging) that suggests it belongs to a class
that it does not in fact belong to.
Environmental Risk Management Authority Decision: Application HSR03001
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Regulations 32 and 33 – Accessibility of information
All priority identifier information (as required by regulations 8 - 17)
must be available within 2 seconds, eg. on the label. All secondary
identifier Information (as required by regulations 18 - 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
I3
Regulation 9

any information provided in written or pictorial form must be
able to be easily read or perceived by a person with average
eyesight under normal lighting conditions

any information provided in an audible form must be able to be
easily heard by a person with average hearing

Any information provided must be in a durable format i.e. the
information requirements with respect to clarity must be able to
be met throughout the lifetime of the (packaged) RB-2-110
under its normal conditions of storage, handling and use.
Priority identifiers for ecotoxic substances
This requirement specifies that ecotoxic substances must be
prominently identified as being ecotoxic.
This information must be available to any person handling RB-2110 within 2 seconds (regulation 32) and can be provided by way of
signal headings or commonly understood pictograms on the label.
I5
Regulation 11
Priority identifiers for flammable substances
RB-2-110 must be identified as being flammable. In addition, it
must provide an indication that the substance is an aerosol.
This information must be available to any person handling RB-2110 within 2 seconds (regulation 32) and can be provided by way of
signal headings or commonly understood pictograms on the label.
Environmental Risk Management Authority Decision: Application HSR03001
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I9
I11
I13
Regulation 18
Regulation 20
Regulation 22
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, a description of each likely
change and the date by which it is likely to occur.
Secondary identifiers for ecotoxic substances
This control relates to the additional label detail required for
ecotoxic substances. This information must be accessible within 10
seconds (regulation 33) and could be provided on secondary panels
on the RB-2-110 label. The following information must be
provided:

an indication of the circumstances in which it may harm living
organisms

an indication of the kind and extent of the harm it is likely to
cause to living organisms

an indication of the steps to be taken to prevent harm to living
organisms

an indication of its general type and degree of hazard (e.g. very
toxic to aquatic life and very ecotoxic to terrestrial
invertebrates).
Secondary identifiers for flammable substances
This control relates to the additional label detail required for
flammable substances. This information must be accessible within
10 seconds (regulation 33) and could be provided on secondary
panels on the product label. The following information must be
provided:

an indication of its general type and degree of flammable
hazard (i.e. flammable aerosol)

an indication of the circumstances in which it may be ignited
unintentionally

an indication of the likely effect of an unintentional ignition
Environmental Risk Management Authority Decision: Application HSR03001
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
I19
Regulations
29 – 31
an indication of the steps to be taken to prevent an unintentional
ignition
Alternative information in certain cases
Regulation 29 – Substances in fixed bulk containers or bulk transport
containers
This regulation relates to alternative ways of presenting the priority
and secondary identifier information required by regulations 8 – 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 RB-2-110. When RB-2-110 is contained, there is an
additional requirement that information must be provided describing
any steps to be taken to prevent unintentional ignition combustion,
acceleration of fire or thermal decomposition.
Regulation 29 (2) specifies that for bulk transport containers, it is
sufficient compliance if RB-2-110 is labelled or marked in
compliance with the requirements of either 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

bear the EU pictogram “Dangerous to the Environment” (‘dead
fish and tree’ on orange background), or

bear the relevant class 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 Land Transport Rule 45001.
Environmental Risk Management Authority Decision: Application HSR03001
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I23
I25
I29
Regulation 41
Regulation 43
Regulations
51 – 52
Specific documentation requirements for ecotoxic substances
The documentation provided with ecotoxic substances must include
the following information:

its general degree and type of ecotoxic hazard (ie. ecotoxic in
the aquatic environment and very ecotoxic to terrestrial
invertebrates)

a full description of the circumstances in which it may harm
living organisms and the extent of that harm

a full description of the steps to be taken to prevent harm to
living organisms

a summary of the available acute and chronic (ecotoxic) data
used to define the (ecotoxic) subclass or subclasses in which it
is classified

its bio-concentration factor or octanol-water partition
coefficient

its expected soil or water degradation rate
Specific documentation requirements for flammable substances
The documentation provided with RB-2-110 must include the
following information:

its general degree and type of hazard

a full description of the circumstances in which it may be
ignited unintentionally

the likely effect of an unintentional ignition

a full description of the steps to be taken to prevent an
unintentional ignition

if it is a gas, its lower and upper explosive limits, expressed as
volume percentages in air
Duties of persons in charge of places with respect to signage
These controls specify the requirements for signage, in terms of
content, presentation and positioning at places where hazardous
substances are held in quantities exceeding the amounts specified in
Schedule 3 of the Hazardous Substances (Identification)
Regulations. Where a substance triggers more than one hazard
classification, the most stringent quantity generally applies.
For RB-2-110, the trigger levels are driven by the flammable and
aquatic ecotoxic classifications. As the risks relate mostly to the
flammable nature of the substance, a trigger quantity of 3000 litres
(aggregate water capacity) as driven by the flammable aerosol
classification, is set.
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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 and degree of hazard of RB-2-110
(e.g. highly flammable)

Where the signage is immediately adjacent to the hazardous
substance storage areas, describe the precautions needed to
safely manage the substance (e.g. a 'No Smoking' warning near
flammable substances).
Hazardous Substances (Disposal) Regulations 2001
D2
Regulation 6
Disposal requirements for flammable substances
Flammable substances 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 Hazardous Substances
(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 aerosols (class 2.1.2) 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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D6
Regulation 10
D7
Regulations
11, 12
Disposal requirements for packages
This control gives the disposal requirements for packages that
contained a hazardous substance 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.
Information requirements for manufacturers, importers and suppliers
and persons in charge
Where the sale or supply of a hazardous substance exceeds the
quantities specified in Schedule 1 of the Hazardous Substances
(Disposal) Regulations, information must be supplied with the
hazardous substance on an appropriate method of disposal that
complies with the forgoing requirements. Information may also be
included on disposal methods that should be avoided (i.e. that would
not comply with the Disposal Regulations).
Such information must be immediately available to a person handling
RB-2-110 (i.e. within 10 seconds) and must comply with the
requirements for comprehensibility, clarity and durability given in
the Hazardous Substances (Identification) Regulations. This
information would normally be supplied on the product label.
The trigger level that applies to RB-2-110 is 1 L (aggregate water
capacity).
D8
Regulations
13, 14
Disposal documentation requirements
These controls relate to the provision of documentation concerning
disposal (essentially in a Material Safety Data Sheet) that must be
provided when selling or supplying a quantity of a hazardous
substance that exceeds the trigger levels as specified in Schedule 2
of the Hazardous Substances (Disposal) Regulations. Where a
substance triggers more than one hazard classification, the most
stringent quantity generally applies. The trigger level that applies to
RB-2-110 is 1 L (aggregate water capacity).
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 RB-2-110 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 Hazardous Substances (Identification) Regulations
(code I21).
Environmental Risk Management Authority Decision: Application HSR03001
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Hazardous Substances (Emergency Management) Regulations 2001
EM1
Level 1 emergency management information: General requirements
Regulations 6,
These controls relate to the provision of emergency management
7, 9 – 11
information (essentially on the label) that must be provided with any
hazardous substance when present in quantities equal to or greater
than the trigger levels as listed in Schedule 1 of the Hazardous
Substances (Emergency Management) Regulations. The trigger
level that applies for RB-2-110 is 1L (aggregate water capacity),
based on the flammability. Regulation 11 provides alternative
information requirements for substances in transit.
With respect to trigger quantities that activate level 1 emergency
management information requirements, the Committee notes that a
printing error relating to these regulations resulted in ecotoxic
substances being omitted from Schedule 1.
EM4
Regulation
8(c)
EM7
Regulation
8(f)
Additional information requirements for flammable substances
When RB-2-110 is present in quantities equal to or greater than 1L
(aggregate water capacity), a description of the material and
equipment needed to put out a fire involving it must be supplied.
Information requirements for ecotoxic substances
The following information must be provided with ecotoxic
substances when present in quantities equal to or greater than the
trigger levels as listed in Schedule 1 of the Hazardous Substances
(Emergency Management) Regulations 2001
 a description of its typical effects on those parts of the
environment;

a description of the parts of the environment likely to be
immediately affected by it;

a statement of any immediate actions that may be taken to
prevent the substance from entering or affecting those parts of
the environment.
The Committee notes that a printing error relating to these
regulations resulted in ecotoxic substances being omitted from
Schedule 1, however it is highly recommended that this information
be provided. The trigger quantity that should apply is 1 L
(aggregate water capacity), based on the trigger level for
flammable substances (EM4).
Environmental Risk Management Authority Decision: Application HSR03001
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EM8
Regulations
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 Material Safety Data
Sheets). This documentation must be provided where hazardous
substances are sold or supplied, or held in a workplace, in quantities
equal to or greater than the quantities specified in Schedule 2 of the
Hazardous Substances (Emergency Management) Regulations.
The trigger level that applies to RB-2-110 is 1 L (aggregate water
capacity), based on the flammable aerosol classification.
Regulations 12 and 13 describe the duties of suppliers, regulation 14
describes the duties of persons in charge of places of work,
regulation 15 provides for the option of complying with
documentation requirements of the transport rules when the
substance is being transported, and regulation 16 specifies
requirements for general contents of the documentation.
Regulation 18 provides accessibility requirements (documentation
to be available within 5 minutes) and regulation 19 provides
requirements for presentation with respect to comprehensibility and
clarity. These requirements correspond with those relating to
documentation required by the Identification Regulations (code
I21).
EM9
Regulation 17
EM10
Regulations
21 – 24
Extra content for flammable substances
There is an additional information requirement for flammable
substances that a description is 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 these substances are held in
a place of work in quantities exceeding 3,000 L (aggregate water
capacity) must have one fire extinguisher. The intention of these
general requirements is to provide sufficient fire-fighting capacity to
stop a fire spreading and reaching hazardous substances, rather than
providing sufficient capacity to extinguish any possible fire
involving large quantities of hazardous substances.
Each fire extinguisher must be located within 30m of the substance,
or, in a transportation situation, in or on the vehicle (regulation 22).
The performance measure for an extinguisher is that it must be
capable of extinguishing a fully ignited pool of flammable liquid
(50 mm deep and at least 6 m2 in area), before the extinguisher is
exhausted, and when used by one person (regulation 23).
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EM11
Regulations
25 – 34
Level 3 emergency management requirements – emergency response
plans
These regulations relate to the requirement for an emergency
response plan to be available at any place (excluding aircraft or
ships) where hazardous substances are held (or reasonably likely to
be held on occasion) in quantities greater than those specified in
Schedule 4 of the Hazardous Substances (Emergency Management)
Regulations. A trigger quantity of 3000 litres (aggregate water
capacity) is set, as driven by the flammable aerosol classification.
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 – 30. Requirements relating to the
availability of equipment, materials and people are provided in
regulation 31, requirements regarding the availability of the plan are
provided in regulation 32 and requirements for testing the plan are
described in regulation 33.
EM12
Regulations
35 – 41
Level 3 emergency management requirements – secondary
containment
These regulations relate to the requirement for a secondary
containment system to be installed at any fixed location where
liquid (or liquefiable) hazardous substances are held in quantities
equal to or greater than those specified in Schedule 4 of the
Hazardous Substances (Emergency Management) Regulations.
As the risks relate mostly to the flammable nature of the substance,
a trigger quantity of 3000 litres (aggregate water capacity), driven
by the flammable aerosol classification, is considered appropriate.
Regulation 37 prescribes requirements for places where hazardous
substances are held above ground in containers each holding up to
60 L or less. Regulation 38 prescribes requirements for places
where hazardous substances are held above ground in containers
each holding between 60 L and 450 L. Regulation 39 prescribes
requirements for places where hazardous substances are held above
ground in containers each holding more than 450 L. Regulation 40
prescribes requirements for places where hazardous substances are
held underground. Regulation 41 prescribes requirements for
secondary containment systems that contain substances of specific
hazard classifications, eg there is a requirement to prevent
substances from coming into contact with incompatible materials,
and a requirement to exclude energy sources when class 1, 2, 3, 4 or
5 substances are contained).
Environmental Risk Management Authority Decision: Application HSR03001
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EM13
Regulation 42
Level 3 emergency management requirements – signage
This control relates to the provision of emergency management
information on signage at places where hazardous substances are
held at quantities equal to or greater than the quantities specified in
Schedule 5 of the Hazardous Substances (Emergency Management)
Regulations.
A trigger quantity of 3000 litres (aggregate water capacity) is set
for RB-2-110, driven by the flammable aerosol classification.
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 Hazardous Substances
(Identification) Regulations.
Hazardous Substances (Personnel Qualification) Regulations 2001
AH1
Regulations
4–6
Approved Handler requirements (including test certificate and
qualification requirements)
Some hazardous substances are required to be under the control of
an approved handler during specified parts of the lifecycle. An
approved handler is a person who holds a current test certificate
certifying that they have met the competency requirements specified
by the Hazardous Substances (Personnel Qualification) Regulations
in relation to handling specific hazardous substances.
The approved handler requirements are triggered for RB-2-110 by
the F4 and E7 classifications. As the risks to the environment are
adequately managed by ecotoxic controls, the approved handler
control only needs to manage risks arising from the flammable
properties of the substance. Accordingly, a trigger level of 3000L
(aggregate water capacity) is set.
Additional Controls under Section 77A
RB-2-110 must not be applied directly onto or into water
Environmental Risk Management Authority Decision: Application HSR03001
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