Amended under s67A on 21 December 2006
ENVIRONMENTAL RISK MANAGEMENT AUTHORITY
DECISION
25 August 2003
Application code
HSR02049
Application type
To import or manufacture any hazardous substance under section 28 of
the Hazardous Substances and New Organisms (HSNO) Act 1996
Tomen New Zealand Ltd
Applicant
Date received
To seek approval for import of C-6241 and Select 37% in order to
manufacture Arvesta Motsa herbicide solely for export
28 April 2003
Consideration date
8 August 2003
Considered by
Hazardous Substances Standing Committee of the Authority.
Purpose
1
Summary of Decision
1.1
The application to import or manufacture the hazardous substances C-6241, Select
37% in order to manufacture Arvesta Motsa herbicide solely for export 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 substances have been given the following unique identifiers for the ERMA New
Zealand Hazardous Substances Register:
C-6241
Select 37%
Arvesta Motsa
1.3
The Authority 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:
C-6241
Main category
Industry category
Function/use category
3
2
50
Non-dispersive use
Chemical industry: basic chemicals
Surfactant
Select 37%
Main category
3
Non-dispersive use
Environmental Risk Management Authority Decision: Application HSR02049
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Industry category
Function/use category
Arvesta Motsa
Main category
Industry category
Function/use category
3
33
Chemical industry: intermediates
Intermediates
3
1
0
Non-dispersive use
Agricultural industry
Not approved for use in New Zealand
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 formally received on 28 April 2003 and verified on 1 May
2003.
3.2
The Minister for the Environment was advised of the application (section 53(4)(a))
and given the opportunity to “call-in” the application under section 68. This action
was not initiated.
3.3
In accordance with sections 53(1) and 53A and clauses 2(2)(b) and 7, the application
was notified on 1 May 2003.
3.4
Various government departments (including the Ministry of Health, the Department
of Labour (Occupational Safety and Health), the New Zealand Food Safety
Authority (Agricultural Compounds and Veterinary Medicines Group) and the
Department of Conservation), 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(c), and clauses
2(2)(e) and 5) and provided with an opportunity to comment or make a public
submission on the application.
3.5
A comment was received from the Ministry of Health advising that they had no
objections to the application.
A comment received from the ACVM Group was unintentionally omitted from the
E&R Report. This stated that as the substances will not be marketed in New
Zealand, registration is not required, but to ensure that the products are used as
3.6
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stated in the application and to comply with ACVM Act requirements, C-6241 and
Select 37% will require an import for special use approval from the ACVM Group.
This issue is outside the scope of the HSNO Act. However, the comment has been
forwarded to the applicant.
3.7
A hearing was not requested.
3.8
No external experts were used in the consideration of this application (clause 17).
3.9
The application was considered by the Hazardous Substances Standing Committee
of the Authority (section 19(2)(b)): Members Mr Tony Haggerty (Chair) and
Professor George Clark.
3.10
The information available to the Committee comprised:
 The application including as an attachment:
 a confidential appendix comprising commercially sensitive information
 The ERMA New Zealand Evaluation and Review (E&R) Report
 Comments provided by the applicant in response to the E&R Report.
4
Consideration
Purpose of the Application
4.1
The purpose of the application is to import two substances, C-6241 and Select 37%,
on a few occasions a year in order to manufacture Arvesta Motsa for export.
4.2
C-6241 and Select 37% will be imported in 250 kg drums and transported by rail
and road to the Dow Agrosciences manufacturing facility in New Plymouth.
4.3
The Arvesta Motsa that is manufactured will be transported by road or rail to
Auckland or Tauranga to be exported to Australia. None of the substances will be
released into or used in New Zealand otherwise than as described in this decision.
Sequence of the Consideration
4.4
In accordance with clause 24 of the Methodology, 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. Risks were assessed in accordance with clause 12, and costs
and benefits in accordance with clause 13 of the Methodology. The assessment
also took account of clauses 22, 25 and 29 to 32. In addition the Committee
considered how risk averse it should be in relation to the residual risks as
required by clause 33.
 Consider and determine variations to the default controls arising from
circumstances provided for in sections 77(3), (4) and (5).
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

Consolidate controls.
Evaluate overall risks, costs and benefits. The combined impact of risks, costs
and benefits was evaluated in accordance with clause 34, and the costeffectiveness of controls was considered in accordance with clause 35, and
taking into account the overall risk characteristics as specified in clause 33 and
section 7 relating to dealing with caution in the face of scientific and technical
uncertainty.
Hazard Classification
4.5
The Committee agreed with the Project Team’s classification of the substances in
the Evaluation and Review report (paragraph 7.5).
4.6
C-6241 is classified as follows:
3.1C
6.1E
6.3A
6.4A
6.7A
6.9B
9.1B
4.7
Select 37% is classified as follows:
3.1D
6.1E
6.3A
6.4A
6.5B
6.8B
6.9B
9.1B
9.2A
4.8
Flammable liquid – medium hazard
Acute toxicant (oral)
Skin irritant
Eye irritant
Human carcinogen
Harmful to human target organs or systems
Ecotoxic in the aquatic environment
Flammable liquid – low hazard
Acute toxicant (oral)
Skin irritant
Eye irritant
Contact sensitiser
Suspected human reproductive or developmental toxicant
Harmful to human target organs or systems
Ecotoxic in the aquatic environment
Very ecotoxic in the soil environment
Arvesta Motsa is classified as follows:
3.1D
6.1E
6.3B
6.4A
6.5B
6.7B
Flammable liquid – low hazard
Acute toxicant (oral)
Mild skin irritant
Eye irritant
Contact sensitiser
Suspected human carcinogen
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6.9B
9.1B
9.2A
Harmful to human target organs or systems
Ecotoxic in the aquatic environment
Very ecotoxic in the soil environment
Default Controls
4.9
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 (at Part 8) and are not reproduced here.
Setting of Environmental Exposure Limits (EELs) (Control code E11)
4.10
In agreement with the analysis on the life cycle of the substances provided in the
E&R Report, the Committee considers that as the substances will not be distributed
for use, and hence not released into the environment, EELs do not need to be set at
this time. However, if there is a change in the life cycle, this will constitute a change
in use and will require reassessment. EELs may be set for the substances at that
time.
Setting of Acceptable Daily Exposure (ADE), Potential Daily Exposure (PDE)
and Tolerable Exposure Limits (TELs) (Control Code T1)
4.11
In agreement with the analysis on the life cycle of the substances provided in the
E&R Report, the Committee considers that as the substances will not be distributed
for use, and hence not released into the environment, ADEs, PDEs and TELs do not
need to be set at this time. However, if there is a change in the life cycle, this will
constitute a change in use and will require reassessment. ADEs, PDEs and TELs
may be set for the substances at that time.
Setting of Workplace Exposure Standards (Control code T2)
4.12
In agreement with the analysis provided in the E&R Report, the Committee adopted
the Workplace Exposure Standard (WES) of 150 ppm (525 mg/m3) set for Aromatic
150 as the HSNO WES for Component A present in all three substances:
Component A
150 ppm (525 mg/m3) (8 hour TWA)
Identification of the Potentially Non-negligible Risks, Costs and
Benefits of the Substance
4.13
The Committee identified potentially non-negligible risks, costs and benefits with
reference to clauses 9 and 11, which incorporate sections 2, 5, 6 and 8.
1
Control codes are those assigned by ERMA NZ to enable easy cross reference with the regulations. A
detailed list of these codes is contained in the ERMA New Zealand User Guide to the Controls Regulations.
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Risks
4.14
The Committee reviewed the identification of risks made by the applicant and
additional risks identified in the Evaluation and Review report. From all of those
risks, the Committee identified the risk to workers from fire as being potentially
non-negligible and thus warranting more detailed assessment.
4.15
The Committee is satisfied that risks to the biological and physical environment, to
Māori, society, and the economy are negligible.
Costs
4.16
A “cost” is defined in clause 2 of the Methodology Order as “the value of a
particular adverse effect expressed in monetary or non-monetary terms”.
4.17
In relation to the costs of effects, the Committee considers that the costs that are
potentially non-negligible are the costs arising from adverse effects on human health
from exposure to the substances, specifically from their flammable nature.
4.18
The Committee considered that the costs associated with the import of C-6241 and
Select 37% for the manufacture of Arvesta Motsa for export are:
 clean up and remedial action in the event of an incident
 possible adverse effects to workers.
Benefits
4.19
A “benefit” is defined in clause 2 of the Methodology Order 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 of the
Methodology were considered in terms of clause 13.
4.20
The Committee accepts that the following benefits can be attributed to Arvesta
Motsa for the applicant, the manufacturer, and transport industry:
 local community employment and skilling opportunities
 economic export opportunities
Assessment of the Potentially Non-negligible Risks of the Substance
4.21
As identified above, the non-negligible risks and costs associated with the use of
Arvesta Motsa relate to the uncertainty in magnitude of the adverse effects that a fire
might have on humans, whether import/export and transport workers or
manufacturing staff.
4.22
The Committee accepts that the potential risks are limited given that the component
substances are transported by qualified hazardous goods transporters, and the
Arvesta Motsa:
 is to be manufactured at a facility that is well-contained
 has established safety procedures and
 the substances are not accessible by or exposed to the public.
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4.23
The Committee notes that occupational health risks will be mitigated by the HSNO
controls, including those requiring the use of protective equipment and/or clothing,
and fire extinguishers.
4.24
The Committee took into consideration the applicant’s stated life cycles for the
substances when considering the risks of the substances. The Committee noted that a
small number of transport movements would be involved, as the component
substances would be imported only a few times a year, with manufacturing
occurring no more than 10 times a year.
4.25
The Committee recognises that there are a number of controls under other legislative
provisions, including codes of practice, that will affect the manufacture and transport
of Arvesta Motsa

The Land Transport Safety Authority’s Land Transport Rule: Dangerous
Goods 1999

The Building Act and the Building Code

The requirement to operate safe facilities and work conditions under the
Health and Safety in Employment Act.
4.26
The Committee is satisfied that, with the imposition of appropriate controls, a low
level of risk exists.
Assessment of the Potentially Non-negligible Costs and Benefits
4.27
The Methodology and the Act both call for consideration of monetary and nonmonetary costs (clause 13 and section 9). The potentially non-negligible costs have
been discussed in paragraphs 4.16 to 4.18 above. The Committee is satisfied that
that there are no significant costs that will result from the import of C-6241 and
Select 37%, and the manufacture of Arvesta Motsa for export.
4.28
The potentially non-negligible benefits have been discussed in paragraphs 4.19 to
4.20 above. The Committee is unable to place an expected value on the benefits
(clause 13(b)) but is satisfied that the benefits are tangible, and the ability of the
applicant to manufacture and export Arvesta Motsa could give rise to the associated
benefits.
4.29
The Committee considers that if neither the import of the substances C-6241 and
Select 37%, nor the manufacture of Arvesta Motsa for export are approved, the
likely effects would be to forego the benefits mentioned above. These would be the
foregoing of possible job or skilling opportunities, and a loss of export potential.
Establishment of the Approach to Risk in the Light of Risk
Characteristics
4.30
Clause 33 requires the Authority to have regard for the extent to which a specified
set of risk characteristics exist when considering applications. 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.
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4.31
The Committee recognises that staff will be required to be adequately trained in
accordance with HSE requirements, and notes that the risk of exposure to the
substances will be very limited by virtue of the restrictions on their availability and
distribution. The Committee considers that any inadvertent exposure will be shortterm. Consequently the Committee has adopted a neutral approach to the risks in this
application.
Overall Evaluation of Risks, Costs and Benefits
4.32
Having regard for 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.
4.33
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.
4.34
The Committee is satisfied that the risk the substances pose to the environment is
insignificant. However, a low level of risk to human health and safety exists, due to
the flammable nature of the substances, but that it is evident that the benefits do
outweigh the costs. The application may therefore be considered in accordance with
clause 27.
4.35
In reaching this conclusion, the Committee has taken into account the ability of
various pieces of legislation such as the Resource Management Act, and the Health
and Safety in Employment Act, to provide additional controls.
Additional Controls under Section 77A
4.36
The Hazardous Substances (Pesticides) (Amendment) Transfer Notice 2006 states
that, unless specifically allowed for, no pesticide may be applied onto or into water.
As Select 37%, C-6241 and Arvesta Motsa is not approved for such use, the
following control is applied to Select 37%, C-6241 and Arvesta Motsa:
Select 37%, C-6241 and Arvesta Motsa must not be applied directly onto or into
water
Variations to Controls
4.37
Under section 77(3), (4) and (5) the default controls determined by the hazardous
properties of the substances may be varied.
The following controls are deleted under section 77(4):
4.38
Control code T1 relates to the setting of ADEs, PDEs and TELs. As none of the
substances will be released for use in this country, this control is not relevant and is
deleted as provided by section 77(4)(b).
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4.39
Control code T8 relates to substances lawfully used for vertebrate pest control. As
none of the substances are intended for this purpose, this control is not relevant and
is deleted as provided by section 77(4)(b).
4.40
Control code E1 relates to the setting of EELs for the substances. As none of the
substances will be released into the environment, this control is not relevant and is
deleted as provided by section 77(4)(a).
4.41
Control code E2 relates to the requirement to set an application rate for any
substance designed to be sprayed or applied to an area of land (or air or water). As
the component substances are used in the manufacture of a substance for export
only, this regulation is not relevant and is deleted as provided by section 77(4)(a).
4.42
Control code E5 relates to the requirement for keeping records of use. As the
component substances are used only for the manufacture of Arvesta Motsa for
export, and as manufacturing will occur only at the Dow AgroSciences facility, this
control is deleted as provided by section 77(4)(b).
4.43
Control codes T6, E7 and AH1 relate to the requirement for the substances to be
under the control of an approved handler and are triggered by the ecotoxic
classification of 9.2A for Select 37% and Arvesta Motsa, and the toxic classification
of 6.7A for C-6241. The Committee considers that, as the substances are involved
only in the manufacture of Arvesta Motsa for export, the risks to the environment or
to human health arising from these classifications are insignificant. Accordingly, the
approved handler controls are deleted under section 77(4)(b) as such a variation
would not significantly increase the adverse effects of the substance.
4.44
Control code TR1 requiring Select 37% and Arvesta Motsa to be tracked through all
stages of its lifecycle are also triggered by the ecotoxic classifications of 9.2A and
6.7A. The Committee considers that, as the substances are involved only in the
manufacture of Arvesta Motsa for export, the risks to the environment or to human
health arising from these classifications are insignificant. Accordingly, the tracking
controls are deleted under section 77(4)(b), as such a variation would not
significantly increase the adverse effects of the substance.
The following controls are combined under section 77(5):
4.45
Control codes T4 and E6 both relate to requirements for equipment used to handle
hazardous substances (Regulation 7, Classes 6, 8 and 9 Controls Regulations) and
are combined.
4.46
Control codes F2, T7 and E8 (Regulation 8, Classes 1 to 5 Controls Regulations;
Regulation 10, Classes 6, 8 and 9 Controls Regulations) relate to restrictions on the
carriage of hazardous substances on passenger service vehicles. The Committee
considers that these substances should not be permitted to be carried on passenger
service vehicles. Since the substances are not intended to be used in New Zealand
other than in the manufacture of Arvesta Motsa for export, this control will not be
onerous.
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4.47
Control codes D2, D4 and D5 set out the disposal requirements for flammable, toxic
or ecotoxic substances and are combined with the most stringent requirements
applying for each substance.
4.48
Control codes I3, I5 and I8 relate to the priority identifiers for flammable, toxic or
ecotoxic substances and can be combined for each substance.
4.49
Control codes I9, I11, I13 and I16 relate to the secondary identifiers for flammable,
toxic or ecotoxic substances and are combined for each substance.
4.50
Control codes I23, I25 and I28 relate to specific documentation requirements for
flammable, toxic or ecotoxic substances and are combined for each substance.
4.51
Control codes P3, P13 and P15 (Regulations 9, 19 and 21, Packaging Regulations)
set out the packaging requirements for flammable, ecotoxic and toxic substances and
are combined with the most stringent requirement applying for each substance.

Quantities of Select 37% over 3 kg or 3 L must be packaged according to
Schedule 3 (UN PGIII), but may be packaged according to Schedule 4 when in
quantities equal to or less than 3 kg or 3 L.

Quantities of C-6241 over 0.5 L must be packaged according to Schedule 2 (UN
PGII), but may be packaged according to Schedule 4 when in quantities equal to
or less than 0.5 L. C-6241 offered for sale in packages of less than 2.5 L or 2.5 kg
must be in child-resistant packaging, unless it is for use in a place of work to
which children do not have access.

Quantities of Arvesta Motsa over 3 kg or 1 L must be packaged according to
Schedule 3 (UN PGIII) but may be packaged according to Schedule 4 when in
quantities equal to or less than 3kg or 1 L.
4.52
Controls codes EM4, EM6 and EM7 relate to emergency management information
required for flammable, toxic and ecotoxic substances and can be combined. With
respect to trigger quantities that activate level 1 emergency management information
requirements for toxic and ecotoxic substances, the Committee notes that a printing
error relating to these regulations resulted in an incomplete Schedule 1. The
Committee recommends that toxicity and ecotoxicity emergency management
information be included with each package of each substance.
4.53
Prior to the Committee’s consideration, the Evaluation and Review Report was
provided to the applicant for comment. The applicant queried the interpretation of
control code EM10 (Regulations 21-24, Emergency Management Regulations) in the
E&R Report, relating to the requirement for fire extinguishers to be available.
4.54
The Committee noted that the E&R Report stated that 2 fire extinguishers would be
needed for each 500 L of substance present. The Committee accepts that this should
mean that the requirement is for 2 extinguishers to be present, triggered when the
quantity of substance reaches or exceeds 500 litres.
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4.55
The applicant sought clarification of the labelling requirements, as pesticides for sale
in Australia may only legally carry the APVMA approved label. The Committee
points out that this is covered under regulation 30 of the Identification Regulations,
which provides for labelling of hazardous substances in multiple packaging (e.g. a
container and a shipper carton or pallet).
4.56
The applicant’s comments have been taken into consideration in reaching this
decision. The provisions of clause 35(b) are effectively met. The controls are thus
varied accordingly.
Environmental User Charges
4.57
In the current absence of comprehensive criteria for undertaking such a
consideration, no consideration has been given to whether or not environmental
charges should be applied to Select 37%, C-6241 or Arvesta Motsa, the subjects of
this approval.
5
Decision
5.1
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.
5.2
The Committee has considered all the possible effects of the hazardous substance in
accordance with section 29 of the Act, pursuant to clause 27 of the Methodology,
based on consideration and analysis of the information provided. Taking into
account the application of controls, the view of the Committee is that Select 37%, C6241 and Arvesta Motsa pose negligible risks to the environment and a low risk to
human health and safety, but that it is evident that the benefits associated with the
substance outweigh the costs.
5.3
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 27.
5.4
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 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 27 – risks and costs are outweighed by benefits;
 clause 33 – risk characteristics;
 clause 34 – the aggregation and comparison of risks, costs and benefits; and
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
5.5
clause 35 – the costs and benefits of varying the default controls.
The application for importation or manufacture of the hazardous substances Select
37%, C-6241 and Arvesta Motsa is thus approved, with controls for the substances
as detailed in the Appendix.
Mr Tony Haggerty
Date
Chair, Hazardous Substances Committee
Approval code:
Arvesta Motsa
C-6241
Select 37%
25 August 2003
HSR000070
HSR000071
HSR000072
Amendment December 2006
(a)
Addition of a s77A control stating:
Select 37%, C-6241 and Arvesta Motsa must not be applied directly
onto or into water
Tony Haggerty
Date 21 December 2006
Chair
Environmental Risk Management Authority Decision: Application HSR02049
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Appendix
Controls for Select 37%
Control
Code2
Regulation3
Explanation4
Hazardous Substances (Classes 1 to 5 Control Regulations) Regulations 2001 - Flammable
Property Controls
F2, T7,
Regulation 8
General public transportation restrictions and requirements for
E8
(classes 1 to 5 Select 37%
controls),
Regulation 10 Select 37% must not be carried on passenger service vehicles.
(classes 6 to 9
controls)
F6
Regulations
Requirements to prevent unintended ignition of Select 37%
60-70
These Regulations prescribe controls to reduce the likelihood of
unintended ignition of Select 37%. 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 (eg. a spark). Accordingly, the controls provide two
approaches to ensure that there is insufficient energy for ignition:
(1) keeping the temperature of Select 37%, or the temperature of any
surface in contact with the Select 37%, below 80% of the autoignition temperature of the Select 37%, and
(2) keeping sources of ignition below the minimum ignition energy,
either by removal of the ignition source from any location where
flammable substances are handled, or by protecting the “general”
mass of flammable material from the ignition source, eg. by
enclosing any ignition sources in an enclosure that will not allow
the propagation of the flame to the outside; or using flameproof
motors especially designed to prevent ignition energy escaping.
It should be noted that any person handling any quantity of Select 37%
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 Select 37%,
there is a requirement to ensure that the substance does not come into
contact with any incompatible substance or material, eg. by keeping
2
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 ERMA New Zealand and is
also contained in the ERMA New Zealand User Guide to the Controls Regulations.
3
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.
4
These explanations are for guidance only. Refer to the cited Regulations for the formal specification, and for definitions and exemptions.
Environmental Risk Management Authority Decision: Application HSR02049
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Control
Code2
Regulation3
Explanation4
class 4.2 substances away from air and by keeping class 4.3 substances
away from water. 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).
Select 37% must be kept away from:
 all class 1 substances
 all class 2 substances
 all class 3.2 substances
 all class 4 substances
 all class 5 substances
F17
Regulations
84-85
Requirements to control adverse effects of intended ignition of
Select 37%, including requirements for protective equipment and
clothing
These controls are intended to ensure that where Select 37% 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 Select 37% is
intentionally burnt. If the intended combustion involves burning Select
37% at a rate in excess of 20kg/hour or 20L/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 combustion
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 the substance 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 (Classes 6, 8 and 9 Controls) Regulations 2001 -Toxic Property Controls
T2
Regulations
Controlling exposure in places of work
29, 30
A workplace exposure standard (WES) is designed to protect persons in
the workplace from the adverse effects of toxic substances. A WES is
an airborne concentration of a substance (expressed as mg substance/m3
of air or ppm in air), which must not be exceeded in a workplace and
only apply to places of work that the public does not have access to.
Component A = 100 ppm (525 mg/m3) (8 hour TWA).
T4, E6
Regulations 6,
7
Requirements for equipment used to handle Select 37%
Any equipment used to handle Select 37% (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.
T5
Regulation 8
Requirements for protective clothing and equipment
Protective clothing/equipment must be employed when Select 37% 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
Select 37% that is greater than the WES set for the 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
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
Regulations 6,
7, 32-35, 36
(1)-(7)
General identification requirements
These controls relate to the duties of suppliers and persons in charge of
Select 37% 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
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34, 35, 36(1)-(7))
Regulation 6 – Identification duties of suppliers
Suppliers of Select 37% 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 that it
does not in fact belong to.
Regulation 7 – Identification duties of persons in charge
Persons in charge of Select 37% 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 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.
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I3, I5, I8
Regulation3
Regulations 9,
11 and 14
Explanation4
Priority identifiers for Select 37%
This requirement specifies that Select 37% must be prominently
identified as being ecotoxic and flammable.
In addition, the following information must be provided:
 an indication of whether the substance is a gas, aerosol, liquid or
solid
 if a flammable liquid, information must be provided on its general
degree of hazard (eg. highly flammable)
 if a flammable solid, information must be provided on its general
type of hazard (eg. dangerous when wet)
 the general degree and type of hazard of the substance.
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, I11,
I13, I16
Regulations
18, 20, 22, 25
Secondary identifiers for all hazardous substances
This control relates to detail required for Select 37% 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
 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 ecotoxic hazard (eg.
very toxic to aquatic life)
 an indication of its general type and degree of flammable hazard
(eg. highly flammable liquid)
 an indication of the circumstances in which it may be ignited
unintentionally
 an indication of the likely effect of an unintentional ignition
 an indication of the steps to be taken to prevent an unintentional
ignition
 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
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beings
 an indication of the kinds of harm it may cause to human beings,
and the likely extent of each kind of harm
 an indication of the steps to be taken to prevent harm to human
beings
 the name and concentration of any ingredient that would
independently of any other ingredient, cause Select 37% to be
classified as either a class 6.5 or 6.9 (This applies to Clethodim).
I17
Regulation 26
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 Regulations
19(f) and 25(e) and (f).
Regulations 19(f) and 25(e) and (f) specify a requirement to list on the
product label, the name and concentration of any ingredient that would
independently of any other ingredient, cause Select 37% to be classified
as either 6.5 or 6.9. (This applies to Clethodim).
I18
Regulation 27
Use of Concentration Ranges
This control provides the option of providing concentration ranges for
those ingredients whose concentrations are required to be stated on the
product label as specified by Regulations 19(f) and 25(e) and (f).
Regulations 19(f) and 25(e) and (f) specify a requirement to list on the
product label, the name and concentration of any ingredient that would
independently of any other ingredient, cause Select 37% to be classified
as either 6.5 or 6.9. (This applies to Clethodim).
I19
Regulations
29-31
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 Select 37% is contained in fixed bulk containers or bulk transport
containers.
Regulation 29(1) specifies that for fixed bulk containers, it is sufficient
compliance if there is available at all times to people near the container,
information that identifies the type and general degree of hazard of the
substance. 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 Select 37% is labelled or marked in compliance
with the requirements of either the Land Transport Rule 45001, the
Civil Aviation Act 1990 or Maritime Transport Act 1994.
Regulation 30 – Substances in multiple packaging
This Regulation relates to situations when Select 37% is in multiple
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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 label assigned by the UN Model
Regulations.
Regulation 31 – Alternative information when Select 37% is imported
This Regulation relates to alternative information requirements for
Select 37% that is 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.
I21
Regulations
37-39, 47-50
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 Select 37% is held in the workplace
in quantities equal to or greater than the levels as specified in Schedule
2 of the Identification Regulations. Where a substance triggers more
than one hazard classification, the most stringent quantity generally
applies.
The trigger limit for Select 37% is 1 L.
Regulation 37 – Documentation duties of suppliers
A supplier must provide documentation containing all relevant
information required by Regulations 39 to 46 when selling or supplying
to another person a quantity of Select 37% equal to or greater than the
levels specified in Schedule 2 for that classification, if the substance is
to be used in a place of work and the supplier has not previously
provided the documentation to that person.
Regulation 38 – Documentation duties of persons in charge of places of
work
The person in charge of any place of work where Select 37% 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 Select 37% has access to the
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documentation containing all relevant information required by
Regulations 39 to 46. The person in charge must also ensure that the
documentation does not contain any information that suggests that the
substance belongs to a hazard classification it does not in fact belong to.
Regulation 39 – General content requirements for documentation
The documentation provided with Select 37% 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 any ingredients that
would independently of any other ingredient, cause the substance to
be classified as either a class 6.5 or 6.9. (This applies to
Clethodim).
Regulation 47 – Information not included in approval
This Regulation relates to the provision of specific documentation
information (eg. as provided on an MSDS). If information required by
Regulations 39 to 46 was not included in the information used for the
approval of Select 37% 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
Select 37% 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 Select 37% is being transported.
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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 Select 37% is present) if asked to do so by that person.
I23, I25,
I28
Regulations
41, 43, 46
Specific documentation requirements for Select 37%
The documentation provided with Select 37% must include the
following information:
 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
 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
 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 route of exposure
 the dose, concentration, or conditions of exposure likely to cause
injury or ill health
 any WESs set by the Authority.
I29
Regulations
51-52
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 Select 37% is held
in quantities exceeding the amounts specified in Schedule 3 of the
Identification Regulations. Where a substance triggers more than one
hazard classification, the most stringent quantity generally applies.
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The trigger quantity for Select 37% is 100 L.
Signs are required:
 at every entrance to the building and/or location (vehicular and
pedestrian) where Select 37% is present
 at each entrance to rooms or compartments where Select 37% is
present
 immediately adjacent to the area where Select 37% is 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 the substance (eg.
highly 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
Regulation 53
Advertising Select 37%
Any advertisement for a Select 37% must include information that
identifies the substance is toxic, specifies the general degree and type of
hazard and the need to restrict access by children.
Hazardous Substances (Packaging) Regulations 2001
P1
Regulations 5, General packaging requirements
6, 7 (1), 8
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 Select 37% with any previous contents of the
packaging.
Regulation 5 – Ability to retain contents
Packaging for Select 37% 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 Select 37% 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 Select 37% 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
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with those tests.
Regulation 7(1) – Requirements when packing hazardous substance
When packing Select 37%, 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
Select 37% must not be packed in packaging that has been previously
packed with substances with which it is incompatible.
P3, P13,
P15
Regulations 9,
19, 21
Packaging requirements for Select 37% packed in limited
quantities
When Select 37% is packaged in limited quantities, there is provision
for it to be packaged to a lesser performance standard (as specified in
Schedule 4 of the Packaging Regulations) than normally required. A
list of those hazard classifications, and the maximum quantity of
substance that may be packaged to this lesser performance standard, is
provided in Schedule 5.
Quantities of Select 37% over 3 kg or 3 L must be packaged
according to Schedule 3 (UN PGIII), but may be packaged
according to Schedule 4 when in quantities equal to or less than 3
kg or 3 L.
Select 37% that is offered for sale in a package of less than 2.5L or
2.5kg must be in child resistant packaging (i.e. toxic substances
liable to be in homes). However, if the substance is for use in a
place of work to which children do not have access, this
requirement is not mandatory.
PG3
Schedule 3
This schedule provides the test methods for packaging required to be
tested in accordance with this schedule. The tests in Schedule 3
correlate to the packaging requirements of UN Packing Group III (UN
PGIII).
Hazardous Substances (Disposal) Regulations 2001
D2, D4,
Regulations 6, Disposal requirements for Select 37%
D5
8, 9
Select 37% must be disposed of by:
 treating Select 37% 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 Select 37% from New Zealand as a hazardous waste.
However, there is provision for Select 37% to be discharged into the
environment as waste or deposited in a landfill, provided the discharge
location is managed so that:
 Select 37% will not at any time come into contact with any
substances with explosive or oxidising properties; and
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 there is no ignition source in the vicinity of the disposal site; and
 in the event of an accidental fire, harm to people or the environment
does not occur – the performance requirements for this are set out
in Regulation 6(3)(b) of the Disposal Regulations,
 after reasonable mixing, the concentration of the substance in any
part of the environment outside the mixing zone does not exceed
any TEL (tolerable exposure limit) or EEL (environmental
exposure limit) set by the Authority for that substance.
D6
Regulation 10
Disposal requirements for packages
This control gives the disposal requirements for packages that
contained Select 37% 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
Regulations
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 a quantity of Select 37% that exceeds the trigger levels as
specified in Schedule 1 of the Disposal Regulations. Where a substance
triggers more than one hazard classification, the most stringent quantity
generally applies.
The trigger quantity for Select 37% is ‘any amount’.
Information must be provided on appropriate methods of disposal and
information may be supplied warning of methods of disposal that
should be avoided, i.e. which would not comply with the Disposal
Regulations. Such information must be accessible to a person handling
Select 37% 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).
D8
Regulations
13, 14
Disposal documentation requirements
These controls relate to the provision of documentation concerning
disposal (essentially in a MSDS) that must be provided when selling or
supplying a quantity of Select 37% that exceeds the trigger levels as
specified in Schedule 2 of the Disposal Regulations. Where a substance
triggers more than one hazard classification, the most stringent quantity
generally applies.
The trigger quantity for Select 37% is 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 Select 37% 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
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Identification Regulations (code I21).
Hazardous Substances (Emergency Management) Regulations 2001
EM1
Regulations 6, Level 1 emergency management information: General
7, 9-11
requirements
These controls relate to the provision of emergency management
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 Emergency Management
Regulations. Where a substance triggers more than one hazard
classification, the most stringent quantity generally applies.
The trigger quantity for Select 37% is 0.1 L.
Regulation 6 describes the duties of suppliers, Regulation 7 describes
the duties of persons in charge of places, Regulation 9 describes the
requirement for the availability of the information (10 seconds) and
Regulation 10 gives the requirements relating to the presentation of the
information with respect to comprehensibility, clarity and durability.
These requirements correspond with those relating to secondary
identifiers required by the Identification Regulations (code I1,
Regulations 6, 7, 32–35, 36(1)-(7)).
Regulation 11 provides for the option of complying with the
information requirements of the transport rules when the substance is
being transported.
EM4,
EM6,
EM7
Regulation
8(c), (e) and
(f)
Additional information requirements for Select 37%
The following information must be provided with Select 37% when
present in quantities equal to or greater than the trigger levels as listed
in Schedule 1 of the Emergency Management Regulations:
 a description of the material and equipment needed to put out a fire
involving it
The following information is recommended to be included:
 a description of the usual symptoms of exposure
 a description of the first aid to be given
 a 24-hour emergency service telephone number
 a description of its typical effects on those parts of the environment
that may be affected
 a statement of any immediate actions that may be taken to prevent
the substance from entering or affecting those parts of the
environment.
The trigger quantity for Select 37% is 0.1 L.
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 Select 37% is sold or supplied,
or held in a workplace, in quantities equal to or greater than the
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quantities specified in Schedule 2 of the Emergency Management
Regulations. Where a substance triggers more than one hazard
classification, the most stringent quantity generally applies.
The trigger quantity for Select 37% is 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 Select 37% is being
transported, and Regulation 16 specifies requirements for general
contents of the documentation.
Regulation 18 provides accessibility requirements (documentation to be
available within five 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
Extra content for Select 37%
There is an additional requirement for Select 37% 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.
EM10
Regulations
21-24
Fire extinguishers
Every place (including vehicles) where explosive, flammable or
oxidising substances are held in a place of work in quantities exceeding
those specified in Schedule 3 of the Emergency Management
Regulations, must have the specified number of fire extinguishers
(either one or two as detailed in Schedule 3) (Regulation 21).
For Select 37%, the requirement is 2 extinguishers, triggered by a
quantity level of 500 L.
The intention of these general requirements is to provide sufficient firefighting capacity to stop a fire spreading and reaching hazardous
substances, rather than providing sufficient capacity to extinguish any
possible fire involving large quantities of hazardous substances.
Each fire extinguisher must be located within 30m of Select 37%, or, in
a transportation situation, in or on the vehicle (Regulation 22). The
performance measure for an extinguisher is that it must be capable of
extinguishing a fully ignited pool of flammable liquid (50mm deep and
at least 6m2 in area), before the extinguisher is exhausted, and when
used by one person (Regulation 23).
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
Select 37% is held (or reasonably likely to be held on occasion) in
quantities greater than those specified in Schedule 4 of the Emergency
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Control
Code2
Regulation3
Explanation4
Management Regulations. Where a substance triggers more than one
hazard classification, the most stringent quantity generally applies.
The trigger quantity for Select 37% is 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.
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 Select
37% is held in quantities equal to or greater than those specified in
Schedule 4 of the Emergency Management Regulations. Where a
substance triggers more than one hazard classification, the most
stringent quantity generally applies.
The trigger limit for Select 37% is 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).
EM13
Regulation 42
Level 3 emergency management requirements – signage
This control relates to the provision of emergency management
information on signage at places where Select 37% is held at quantities
equal to or greater than the quantities specified in Schedule 5 of the
Emergency Management Regulations. Where a substance triggers
more than one hazard classification, the most stringent quantity
generally applies.
The trigger limit for Select 37% is 100 L.
The signage must advise of the action to be taken in an emergency and
must meet the requirements for comprehensibility and clarity as defined
in Regulations 34 and 35 of the Identification Regulations.
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Controls for C-6241
Control
Code5
Regulation6
Explanation7
Hazardous Substances (Classes 1 to 5 Control Regulations) Regulations 2001 - Flammable
Property Controls
F1
Regulation 7
General test certification requirements for all class 1 to 5
substances
Where a test certificate is required for a hazardous substance location
holding flammable substances, that test certificate must be issued by an
approved test certifier and must typically be renewed yearly. However,
the Authority can, on request by the persons required to obtain the test
certificate, extend the time period to three years.
F2, T7,
E8
F3
Regulation 8
(classes 1 to 5
controls),
Regulation 10
(classes 6 to 9
controls)
Regulation 55
General public transportation restrictions and requirements for C6241
C-6241 must not be carried on a passenger service vehicle.
General limits on flammable substances
Where C-6241 is present at a place for longer than 18 hours and in a
quantity that exceeds the levels specified in Table 4 of Schedule 3
(Classes 1 to 5 Controls Regulations), that substance must be held at a
hazardous substance location (or transit depot as appropriate).
The trigger quantities for C-6241 are:
100 L (closed)
25 L (decanting)
5 L (open occasionally)
1 L (if in open container for continuous use)
F5
Regulations
58-59
Requirements regarding hazardous atmosphere zones for
flammable gases (2.1.1) aerosols (2.1.2) and liquids (3.1)
There is a requirement to establish a hazardous atmosphere zone
wherever C-6241 is present in quantities greater than those specified in
Table 3 of Schedule 3 (Classes 1 to 5 Controls Regulations). The zone
must comply with either of the standards as listed in Regulation 58(a)(b) or an ERMA approved code of practice.
The trigger quantities for C-6241 are:
100 L (closed)
25 L (decanting)
5 L (open occasionally)
1 L (if in open container for continuous use)
There are a number of requirements that must be met regarding
hazardous atmosphere zones, including:
5
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 ERMA New Zealand and is
also contained in the ERMA New Zealand User Guide to the Controls Regulations.
6
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.
7
These explanations are for guidance only. Refer to the cited Regulations for the formal specification, and for definitions and exemptions.
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Control
Code5
F6
Regulation6
Explanation7
 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)
 test certification requirements (Regulation 81).
Regulations
60-70
Requirements to prevent unintended ignition of C-6241
These Regulations prescribe controls to reduce the likelihood of
unintended ignition of C-6241. 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 (eg. a spark). Accordingly, the controls provide two
approaches to ensure that there is insufficient energy for ignition:
(1) keeping the temperature of C-6241, or the temperature of any
surface in contact with the substance, below 80% of the autoignition temperature of the substance, and
(2) keeping sources of ignition below the minimum ignition energy,
either by removal of the ignition source from any location where
flammable substances are handled, or by protecting the “general”
mass of flammable material from the ignition source, eg. by
enclosing any ignition sources in an enclosure that will not allow
the propagation of the flame to the outside; or using flameproof
motors especially designed to prevent ignition energy escaping.
It should be noted that any person handling any quantity of C-6241
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 C-6241, there
is a requirement to ensure that the substance does not come into contact
with any incompatible substance or material, eg. by keeping class 4.2
substances away from air and by keeping class 4.3 substances away
from water. 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).
C-6241 must be kept away from:
 all class 1 substances
 all class 2 substances
 all class 3.2 substances
 all class 4 substances
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Control
Code5
F12
Regulation6
Explanation7
 all class 5 substances
Regulations
77-78
General requirement for hazardous substance locations for
flammable substances
There is a requirement to establish a hazardous substance location
where C-6241 is present in quantities greater than those specified in
Table 4 of Schedule 3 (Classes 1 to 5 Controls Regulations) and for a
period exceeding either 18 hours (for substances that do not require
tracking) or 2 hours (for substances that are subject to the Tracking
Regulations).
The trigger quantities for C-6241 are:
100 L (closed)
25 L (decanting)
5 L (open occasionally)
1 L (if in open container for continuous use)
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 any container/building used to hold the
substances 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, 3 or 4
substances (Regulation 78), including:
 requirements for fire resistant walls (240/240/240 minutes) and
separation distances (greater than 3m) to isolate any ignition
sources
 safety requirements for electrical equipment (construction, design,
earthing)
 requirements for segregation of incompatible substances.
F14
Regulation 81
Test certification requirements for facilities where C-6241 is
present
There is a test certification requirement when C-6241 is present at any
hazardous substance location, hazardous atmosphere zone or transit
depot when in quantities above the amounts specified in Tables 3 and 4
of Schedule 3, (Classes 1 to 5 Controls Regulations).
The trigger quantities for C-6241 are:
100 L (closed)
25 L (decanting)
5 L (open occasionally)
1 L (if in open container for continuous use)
That test certificate must be issued by an approved test certifier and
must demonstrate compliance with a number of specified controls,
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Control
Code5
Regulation6
Explanation7
including:
 notification to relevant enforcement officer of hazardous substance
location
 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.
F16
Regulation 83
Controls on transit depots where C-6241 is present
Transit depots are places designed to hold hazardous substances (in
containers that remain unopened) for a period of up to three days, but
for periods that are more than:
 18 hours (for substances that do not require tracking) or
 Two hours (for substances that are subject to the Tracking
Regulations).
Whenever C-6241 is held at a transit depot in quantities exceeding the
levels specified in Table 4 of Schedule 3 (Classes 1 to 5 Controls
Regulations), there is a requirement for the person in charge to:
 notify the responsible enforcement authority of the locality and
capacity of the hazardous substance location
 where relevant, ensure that the substances will be under the control
of an approved handler
 ensure that any road vehicle loaded with containers of class 2, 3 or
4 substances is within specified distances of other vehicles or
places containing hazardous substances
 ensure that containers of class 2, 3 or 4 substances held in the depot
(but not loaded onto a vehicle) are within specified distances from
vehicles or other containers
 ensure that all class 2, 3 or 4 substances remain in their containers
and the containers remain closed
 ensure the safety of any electrical equipment
 comply with any signage requirements
 comply with relevant parts of other Acts and Regulations, eg.
Electricity Act 1992, HSE (Mining Underground Regulations)
1999 or Civil Aviation Rules.
The trigger quantities for C-6241 are:
100 L (closed)
25 L (decanting)
5 L (open occasionally)
1 L (if in open container for continuous use)
F17
Regulations
84-85
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 C-6241 is intentionally
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Control
Code5
Regulation6
Explanation7
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 C-6241 is
intentionally burnt. If the intended combustion involves burning C6241 at a rate in excess of 20kg/hour or 20L/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 combustion
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)
 they must either be constructed of materials that are not degraded,
attacked or combusted by the substance 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 (Classes 6, 8 and 9 Controls) Regulations 2001 -Toxic Property Controls
T2
Regulations
Controlling exposure in places of work
29, 30
A workplace exposure standard (WES) is designed to protect persons in
the workplace from the adverse effects of toxic substances. A WES is
an airborne concentration of a substance (expressed as mg substance/m3
of air or ppm in air), which must not be exceeded in a workplace and
only apply to places of work that the public does not have access to.
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Control
Code5
T3
Regulation6
Explanation7
Component A = 100 ppm (525 mg/m3) (8 hour TWA).
Regulations
5(1), 6
Requirements for keeping records of use
A person using C-6241 in an area where members of the public may be
present, or where the substance may enter air or water, must keep
written records of each use. “Highly toxic” substances include those
with a classification of 6.7A.
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.
T4, E6
Regulations 6
and 7
Requirements for equipment used to handle hazardous substances
Any equipment used to handle C-6241 (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.
T5
Regulation 8
Requirements for protective clothing and equipment
Protective clothing/equipment must be employed when C-6241 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
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
Regulations 6,
7, 32-35, 36
(1)-(7)
General identification requirements
These controls relate to the duties of suppliers and persons in charge of
C-6241 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 C-6241 must ensure it is labelled with all relevant priority
identifier information (as required by Regulations 8-17) and secondary
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Control
Code5
Regulation6
Explanation7
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 that it
does not in fact belong to.
Regulation 7 – Identification duties of persons in charge
Persons in charge of C-6241 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 C6241 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
C-6241(or its packaging) that suggests it belongs to a class 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.
I3, I5, I8
Regulations 9,
11 and 14
Priority identifiers for C-6241
This requirement specifies that C-6241 must be prominently identified
as being toxic, ecotoxic and flammable.
In addition, the following information must be provided:
 an indication of whether the substance is a gas, aerosol, liquid or
solid
 if a flammable liquid, information must be provided on its general
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Control
Code5
Regulation6
Explanation7
degree of hazard (eg. highly flammable)
 if a flammable solid, information must be provided on its general
type of hazard (eg. dangerous when wet)
 the general degree and type of hazard of the substance.
This information must be available to any person handling C-6241
within two seconds (Regulation 32) and can be provided by way of
signal headings or commonly understood pictograms on the label.
I9, I11,
I13, I16
Regulations
18, 20, 22, 25
Secondary identifiers for C-6241
This control relates to detail required for C-6241 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
 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 ecotoxic hazard (eg.
very toxic to aquatic life)
 an indication of its general type and degree of flammable hazard
(eg. highly flammable liquid)
 an indication of the circumstances in which it may be ignited
unintentionally
 an indication of the likely effect of an unintentional ignition
 an indication of the steps to be taken to prevent an unintentional
ignition
 an indication of its general type and degree of toxic hazard (eg.
mild skin irritant)
 an indication of the circumstances in which it may harm human
beings
 an indication of the kinds of harm it may cause to human beings,
and the likely extent of each kind of harm
 an indication of the steps to be taken to prevent harm to human
beings
 the name and concentration of any ingredient that would
independently of any other ingredient, cause C-6241 to be
classified as a class 6.7 or 6.9. (Components D and G).
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Control
Code5
I17
Regulation6
Regulation 26
Explanation7
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 Regulations
19(f) and 25(e) and (f).
Regulations 19(f) and 25(e) and (f) specify a requirement to list on the
product label, the name and concentration of any ingredient that would
independently of any other ingredient, cause C-6241 to be classified as
6.7 or 6.9. (Components D and G).
I18
Regulation 27
Use of Concentration Ranges
This control provides the option of providing concentration ranges for
those ingredients whose concentrations are required to be stated on the
product label as specified by Regulations 19(f) and 25(e) and (f).
Regulations 19(f) and 25(e) and (f) specify a requirement to list on the
product label, the name and concentration of any ingredient that would
independently of any other ingredient, cause C-6241 to be classified as
6.7 or 6.9. (Components D and G).
I19
Regulations
29-31
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 C-6241 is contained in fixed bulk containers or bulk transport
containers.
Regulation 29(1) specifies that for fixed bulk containers, it is sufficient
compliance if there is available at all times to people near the container,
information that identifies the type and general degree of hazard of the
substance. 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 C-6241 is labelled or marked in compliance
with the requirements of either the Land Transport Rule 45001, the
Civil Aviation Act 1990 or Maritime Transport Act 1994.
Regulation 30 – Substances in multiple packaging
This Regulation relates to situations when C-6241 is in multiple
packaging and the outer packaging obscures some or all of the required
substance information. In such cases, the outer packaging must:
 be clearly labelled with all relevant priority identifier information
i.e. the hazardous properties of the substance must be identified, or
 be labelled or marked in compliance with either the Land Transport
Rule 45001, Civil Aviation Act 1990 or the Maritime Safety Act
1994 as relevant, or
 in the case of an ecotoxic substance, it must bear the EU pictogram
“Dangerous to the Environment” (‘dead fish and tree’ on orange
background), or
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Control
Code5
Regulation6
Explanation7
 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 C6241 that is 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.
I21
Regulations
37-39, 47-50
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 C-6241 is held in the workplace in
quantities equal to or greater than the levels as specified in Schedule 2
of the Identification Regulations. Where a substance triggers more than
one hazard classification, the most stringent quantity generally applies.
The trigger quantity for C-6241 is 0.1 L.
Regulation 37 – Documentation duties of suppliers
A supplier must provide documentation containing all relevant
information required by Regulations 39 to 46 when selling or supplying
to another person a quantity of C-6241 equal to or greater than the
levels specified in Schedule 2 for that classification, if the substance is
to be used in a place of work and the supplier has not previously
provided the documentation to that person.
Regulation 38 – Documentation duties of persons in charge of places of
work
The person in charge of any place of work where C-6241 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 containing all relevant information required by
Regulations 39 to 46. The person in charge must also ensure that the
documentation does not contain any information that suggests that the
substance belongs to a hazard classification it does not in fact belong to.
Regulation 39 – General content requirements for documentation
The documentation provided with C-6241 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
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Control
Code5
Regulation6
Explanation7
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 any ingredients that
would independently of any other ingredient, cause the substance to
be classified as a class 6.7 or 6.9. (Components D and G).
Regulation 47 – Information not included in approval
This Regulation relates to the provision of specific documentation
information (eg. as provided on an MSDS). 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 C6241 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 C-6241 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 C-6241 is present) if asked to do so by that person.
I23, I25,
I28
Regulations
41, 43, 46
Specific documentation requirements for C-6241
The documentation provided with C-6241 must include the following
information:
 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
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I29
Regulation6
Explanation7
 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
 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
 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 route of exposure
 the dose, concentration, or conditions of exposure likely to cause
injury or ill health
 any WESs set by the Authority.
Regulations
51-52
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 C-6241 is held in
quantities exceeding the amounts specified in Schedule 3 of the
Identification Regulations. Where a substance triggers more than one
hazard classification, the most stringent quantity generally applies.
The trigger quantity for C-6241 is 100 L.
Signs are required:
 at every entrance to the building and/or location (vehicular and
pedestrian) where C-6241 is present
 at each entrance to rooms or compartments where C-6241 is present
 immediately adjacent to the area where C-6241 is 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 the substance (eg.
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Regulation6
Explanation7
highly 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
Regulation 53
Advertising C-6241
Any advertisement for C-6241 must include information that identifies
the substance is toxic, specifies the general degree and type of hazard
and the need to restrict access by children.
Hazardous Substances (Packaging) Regulations 2001
P1
Regulations 5, General packaging requirements
6, 7 (1), 8
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 C-6241 with any previous contents of the packaging.
Regulation 5 – Ability to retain contents
Packaging for C-6241 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 C-6241 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 C-6241 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 C-6241, 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
C-6241 must not be packed in packaging that has been previously
packed with substances with which it is incompatible.
P3, P5,
P13, P15
Regulations 9,
11, 19, 21
Packaging requirements for C-6241
When C-6241 is packaged in limited quantities, there is provision for it
to be packaged to a lesser performance standard (as specified in
Schedule 4 of the Packaging Regulations) than normally required. A
list of those hazard classifications, and the maximum quantity of
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Regulation6
Explanation7
substance that may be packaged to this lesser performance standard, is
provided in Schedule 5.
Quantities of C-6241 over 0.5 L must be packaged according to
Schedule 2 (UN PGII), but may be packaged according to Schedule
4 when in quantities equal to or less than 0.5 L. C-6241 offered for
sale in packages of less than 2.5 L or 2.5 kg must be in childresistant packaging, unless it is for use in a place of work to which
children do not have access.
PG2
Schedule 2
This schedule provides the test methods for packaging required to be
tested in accordance with this schedule. The tests in Schedule 2
correlate to the packaging requirements of UN Packing Group II (UN
PGII).
Hazardous Substances (Disposal) Regulations 2001
D2, D4,
Regulations 6, Disposal requirements for flammable substances
D5
8 and 9
C-6241must be disposed of by:
 treating C-6241 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 C-6241 from New Zealand as a hazardous waste.
However, there is provision for C-6241 to be discharged into the
environment as waste or deposited in a landfill, provided the discharge
location is managed so that:
 C-6241 will not at any time come into contact with any substances
with explosive or oxidising properties; and
 there is no ignition source in the vicinity of the disposal site; and
 in the event of an accidental fire, harm to people or the environment
does not occur – the performance requirements for this are set out
in Regulation 6(3)(b) of the Disposal Regulations,
 after reasonable mixing, the concentration of the substance in any
part of the environment outside the mixing zone does not exceed
any TEL (tolerable exposure limit) or EEL (environmental
exposure limit) set by the Authority for that substance.
D6
Regulation 10
Disposal requirements for packages
This control gives the disposal requirements for packages that
contained C-6241 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
Regulations
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
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Regulation6
Explanation7
supplying a quantity of C-6241 that exceeds the trigger levels as
specified in Schedule 1 of the Disposal Regulations. Where a substance
triggers more than one hazard classification, the most stringent quantity
generally applies.
The trigger quantity for C-6241 is ‘any amount’.
Information must be provided on appropriate methods of disposal and
information may be supplied warning of methods of disposal that
should be avoided, i.e. which would not comply with the Disposal
Regulations. Such information must be accessible to a person handling
C-6241 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).
D8
Regulations
13, 14
Disposal documentation requirements
These controls relate to the provision of documentation concerning
disposal (essentially in a MSDS) that must be provided when selling or
supplying a quantity of C-6241 that exceeds the trigger levels as
specified in Schedule 2 of the Disposal Regulations. Where a substance
triggers more than one hazard classification, the most stringent quantity
generally applies.
The trigger quantity for C-6241 is 0.1 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 C-6241 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
Regulations 6, Level 1 emergency management information: General
7, 9-11
requirements
These controls relate to the provision of emergency management
information (essentially on the label) that must be provided with C6241 when present in quantities equal to or greater than the trigger
levels as listed in Schedule 1 of the Emergency Management
Regulations. Where a substance triggers more than one hazard
classification, the most stringent quantity generally applies.
The trigger quantity for C-6241 is 0.1 L.
Regulation 6 describes the duties of suppliers, Regulation 7 describes
the duties of persons in charge of places, Regulation 9 describes the
requirement for the availability of the information (10 seconds) and
Regulation 10 gives the requirements relating to the presentation of the
information with respect to comprehensibility, clarity and durability.
These requirements correspond with those relating to secondary
identifiers required by the Identification Regulations (code I1,
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Regulation6
Explanation7
Regulations 6, 7, 32–35, 36(1)-(7)).
Regulation 11 provides for the option of complying with the
information requirements of the transport rules when C-6241 is being
transported.
EM4,
EM6,
EM7
Regulation
8(c), (e), (f)
Additional information requirements for C-6241
The following information must be provided with C-6241 when present
in quantities equal to or greater than the trigger levels as listed in
Schedule 1 of the Emergency Management Regulations:
 a description of the material and equipment needed to put out a fire
involving it
The following information is recommended to be included:
 a description of the usual symptoms of exposure
 a description of the first aid to be given
 a 24-hour emergency service telephone number
 a description of its typical effects on those parts of the environment
that may be affected
 a statement of any immediate actions that may be taken to prevent
the substance from entering or affecting those parts of the
environment.
The trigger limit for C-6241 is 0.1 L.
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 C-6241 is sold or supplied, or
held in a workplace, in quantities equal to or greater than the quantities
specified in Schedule 2 of the Emergency Management Regulations.
Where a substance triggers more than one hazard classification, the
most stringent quantity generally applies.
The trigger quantity for C-6241 is 0.1 L.
Regulations 12 and 13 describe the duties of suppliers, Regulation 14
describes the duties of persons in charge of places of work, Regulation
15 provides for the option of complying with documentation
requirements of the transport rules when C-6241 is being transported,
and Regulation 16 specifies requirements for general contents of the
documentation.
Regulation 18 provides accessibility requirements (documentation to be
available within five 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
Extra content for flammable substances
There is an additional requirement for C-6241 that a description be
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EM10
Regulation6
Explanation7
provided of the steps to be taken to control any fire involving the
substance, including the types of extinguishant to be used.
Regulations
21-24
Fire extinguishers
Every place (including vehicles) where explosive, flammable or
oxidising substances are held in a place of work in quantities exceeding
those specified in Schedule 3 of the Emergency Management
Regulations, must have the specified number of fire extinguishers
(either one or two as detailed in Schedule 3) (Regulation 21). The
intention of these general requirements is to provide sufficient firefighting capacity to stop a fire spreading and reaching hazardous
substances, rather than providing sufficient capacity to extinguish any
possible fire involving large quantities of hazardous substances.
For C-6241, the requirement is 2 extinguishers, triggered by a
quantity level of 500 L.
Each fire extinguisher must be located within 30m of C-6241, or, in a
transportation situation, in or on the vehicle (Regulation 22). The
performance measure for an extinguisher is that it must be capable of
extinguishing a fully ignited pool of flammable liquid (50mm deep and
at least 6m2 in area), before the extinguisher is exhausted, and when
used by one person (Regulation 23).
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 C6241 is held (or reasonably likely to be held on occasion) in quantities
greater than those specified in Schedule 4 of the Emergency
Management Regulations. Where a substance triggers more than one
hazard classification, the most stringent quantity generally applies.
The trigger quantity for C-6241 is 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.
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 C-6241
is held in quantities equal to or greater than those specified Schedule 4
of the Emergency Management Regulations. Where a substance
triggers more than one hazard classification, the most stringent quantity
generally applies.
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Regulation6
Explanation7
The trigger quantity for C-6241 is 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, e.g.
there is a requirement for preventing 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).
EM13
Regulation 42
Level 3 emergency management requirements – signage
This control relates to the provision of emergency management
information on signage at places where C-6241 is held at quantities
equal to or greater than the quantities specified in Schedule 5 of the
Emergency Management Regulations. Where a substance triggers
more than one hazard classification, the most stringent quantity
generally applies.
The trigger quantity for C-6241 is 1000 L.
The signage must advise of the action to be taken in an emergency and
must meet the requirements for comprehensibility and clarity as defined
in Regulations 34 and 35 of the Identification Regulations.
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Controls for Arvesta Motsa
Control
Code8
Regulation9
Explanation10
Hazardous Substances (Classes 1 to 5 Control Regulations) Regulations 2001 - Flammable
Property Controls
F2, T7,
Regulation 8
General public transportation restrictions and requirements for
E8
(classes 1 to 5 Arvesta Motsa
controls),
Regulation 10 Arvesta Motsa must not be carried on a passenger service vehicle.
(classes 6 to 9
controls)
F6
Regulations
Requirements to prevent unintended ignition of Arvesta Motsa
60-70
These Regulations prescribe controls to reduce the likelihood of
unintended ignition of Arvesta Motsa. 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 (eg. a spark). Accordingly, the controls provide two
approaches to ensure that there is insufficient energy for ignition:
(1) keeping the temperature of the substance, or the temperature of any
surface in contact with the substance, below 80% of the autoignition temperature of the substance, and
(2) keeping sources of ignition below the minimum ignition energy,
either by removal of the ignition source from any location where
flammable substances are handled, or by protecting the “general”
mass of flammable material from the ignition source, eg. by
enclosing any ignition sources in an enclosure that will not allow
the propagation of the flame to the outside; or using flameproof
motors especially designed to prevent ignition energy escaping.
F11
Regulation 76
Segregation of incompatible substances
In order to reduce the likelihood of unintended ignition of Arvesta
Motsa, there is a requirement to ensure that the substance does not
come into contact with any incompatible substance or material, eg. by
keeping class 4.2 substances away from air and by keeping class 4.3
substances away from water. 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).
Arvesta Motsa must be kept away from:
 all class 1 substances
 all class 2 substances
8
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 ERMA New Zealand and is
also contained in the ERMA New Zealand User Guide to the Controls Regulations.
9
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.
10
These explanations are for guidance only. Refer to the cited Regulations for the formal specification, and for definitions and exemptions.
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F17
Regulation9
Explanation10
 all class 3.2 substances
 all class 4 substances
 all class 5 substances
Regulations
84-85
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 Arvesta Motsa 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 Arvesta Motsa
is intentionally burnt. If the intended combustion involves burning
Arvesta Motsa at a rate in excess of 20kg/hour or 20L/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 combustion
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)
 they must either be constructed of materials that are not degraded,
attacked or combusted by the substance 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.
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Code8
Regulation9
Explanation10
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 -Toxic Property Controls
T2
Regulations
Controlling exposure in places of work
29, 30
A workplace exposure standard (WES) is designed to protect persons in
the workplace from the adverse effects of toxic substances. A WES is
an airborne concentration of a substance (expressed as mg substance/m3
of air or ppm in air), which must not be exceeded in a workplace and
only apply to places of work that the public does not have access to.
Component A = 100 ppm (525 mg/m3) (8 hour TWA).
T4, E6
Regulations 6
and 7
Requirements for equipment used to handle Arvesta Motsa
Any equipment used to handle Arvesta Motsa (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.
T5
Regulation 8
Requirements for protective clothing and equipment
Protective clothing/equipment must be employed when Arvesta Motsa
is being handled. The clothing/equipment must be designed,
constructed and operated to ensure that the person does not come into
contact with the Arvesta Motsa 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
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
Regulations 6,
7, 32-35, 36
(1)-(7)
General identification requirements
These controls relate to the duties of suppliers and persons in charge of
Arvesta Motsa 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 Arvesta Motsa 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)
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Regulation9
Explanation10
before supplying it to any other person. This includes ensuring that the
priority identifier information is available to any person handling
Arvesta Motsa 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 Arvesta
Motsa(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 Arvesta Motsa 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 Arvesta Motsa 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
Arvesta Motsa (or its packaging) that suggests it belongs to a class 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 i.e. the
information requirements with respect to clarity must be able to be
met throughout the lifetime of the (packaged) Arvesta Motsa under
the normal conditions of storage, handling and use.
I3, I5, I8
Regulations 9,
11 and 14
Priority identifiers for Arvesta Motsa
This requirement specifies that Arvesta Motsa must be prominently
identified as being flammable, toxic and ecotoxic.
In addition, the following information must be provided:
 an indication of whether the substance is a gas, aerosol, liquid or
solid
 if a flammable liquid, information must be provided on its general
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Regulation9
Explanation10
degree of hazard (eg. highly flammable)
 if a flammable solid, information must be provided on its general
type of hazard (eg. dangerous when wet)
 the general degree and type of hazard of the substance.
This information must be available to any person handling Arvesta
Motsa substance within two seconds (Regulation 32) and can be
provided by way of signal headings or commonly understood
pictograms on the label.
I9, I11,
I13, I16
Regulations
18, 20, 22, 25
Secondary identifiers for Arvesta Motsa
This control relates to detail required for Arvesta Motsa 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
 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 ecotoxic hazard (eg.
very toxic to aquatic life)
 an indication of its general type and degree of flammable hazard
(eg. highly flammable liquid)
 an indication of the circumstances in which it may be ignited
unintentionally
 an indication of the likely effect of an unintentional ignition
 an indication of the steps to be taken to prevent an unintentional
ignition
 an indication of its general type and degree of toxic hazard (eg.
mild skin irritant)
 an indication of the circumstances in which it may harm human
beings
 an indication of the kinds of harm it may cause to human beings,
and the likely extent of each kind of harm
 an indication of the steps to be taken to prevent harm to human
beings
 the name and concentration of any ingredient that would
independently of any other ingredient, cause Arvesta Motsa to be
classified as a class 6.5, 6.7, or 6.9. This applies to Clethodim and
Components D, G and J.
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I17
Regulation 26
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 Regulations
19(f) and 25(e) and (f).
Regulations 19(f) and 25(e) and (f) specify a requirement to list on the
product label, the name and concentration of any ingredient that would
independently of any other ingredient, cause Arvesta Motsa to be
classified as either 6.5, 6.7 or 6.9. This applies to Clethodim and
Components D, G and J.
I18
Regulation 27
Use of Concentration Ranges
This control provides the option of providing concentration ranges for
those ingredients whose concentrations are required to be stated on the
product label as specified by Regulations 19(f) and 25(e) and (f).
Regulations 19(f) and 25(e) and (f) specify a requirement to list on the
product label, the name and concentration of any ingredient that would
independently of any other ingredient, cause Arvesta Motsa to be
classified as either 6.5, 6.7 or 6.9. This applies to Clethodim and
Components D, G and J.
I19
Regulations
29-31
Alternative information in certain cases
Regulation 29 – Arvesta Motsa 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 Arvesta Motsa is contained in fixed bulk containers or bulk
transport containers.
Regulation 29(1) specifies that for fixed bulk containers, it is sufficient
compliance if there is available at all times to people near the container,
information that identifies the type and general degree of hazard of the
substance. 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 Arvesta Motsa 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 Arvesta Motsa is in multiple
packaging and the outer packaging obscures some or all of the required
substance information. In such cases, the outer packaging must:
 be clearly labelled with all relevant priority identifier information
i.e. the hazardous properties of the substance must be identified, or
 be labelled or marked in compliance with either the Land Transport
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Explanation10
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 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.
I21
Regulations
37-39, 47-50
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 Arvesta Motsa is held in the
workplace in quantities equal to or greater than the levels as specified in
Schedule 2 of the Identification Regulations. Where a substance
triggers more than one hazard classification, the most stringent quantity
generally applies.
The trigger quantity for Arvesta Motsa is 1 L.
Regulation 37 – Documentation duties of suppliers
A supplier must provide documentation containing all relevant
information required by Regulations 39 to 46 when selling or supplying
to another person a quantity of Arvesta Motsa equal to or greater than
the levels specified in Schedule 2 for that classification, if the substance
is to be used in a place of work and the supplier has not previously
provided the documentation to that person.
Regulation 38 – Documentation duties of persons in charge of places of
work
The person in charge of any place of work where Arvesta Motsa 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 Arvesta Motsa
has access to the documentation containing all relevant information
required by Regulations 39 to 46. The person in charge must also
ensure that the documentation does not contain any information that
suggests that the substance belongs to a hazard classification it does not
in fact belong to.
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Explanation10
Regulation 39 – General content requirements for documentation
The documentation provided with Arvesta Motsa 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 any ingredients that
would independently of any other ingredient, cause the substance to
be classified as either a class 6.5, 6.7 or 6.9. This applies to
Clethodim and Components D, G and J.
Regulation 47 – Information not included in approval
This Regulation relates to the provision of specific documentation
information (eg. as provided on an MSDS). 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
Arvesta Motsa 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 Arvesta Motsa 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
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Explanation10
(where Arvesta Motsa is present) if asked to do so by that person.
I23, I25,
I28
Regulations
41, 43, 46
Specific documentation requirements for Arvesta Motsa
The documentation provided with Arvesta Motsa must include the
following information:
 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
 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
 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 route of exposure
 the dose, concentration, or conditions of exposure likely to cause
injury or ill health
 any WESs set by the Authority.
I29
Regulations
51-52
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 Arvesta Motsa is
held in quantities exceeding the amounts specified in Schedule 3 of the
Identification Regulations. Where a substance triggers more than one
hazard classification, the most stringent quantity generally applies.
The trigger quantity for Arvesta Motsa is 100 L.
Signs are required:
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Explanation10
 at every entrance to the building and/or location (vehicular and
pedestrian) where Arvesta Motsa is present
 at each entrance to rooms or compartments where Arvesta Motsa is
present
 immediately adjacent to the area where Arvesta Motsa is 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 the substance (eg.
highly 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
Regulation 53
Advertising Arvesta Motsa
Any advertisement for Arvesta Motsa must include information that
identifies the substance is toxic, specifies the general degree and type of
hazard and the need to restrict access by children.
Hazardous Substances (Packaging) Regulations 2001
P1
Regulations 5, General packaging requirements
6, 7 (1), 8
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 Arvesta Motsa with any previous contents of the
packaging.
Regulation 5 – Ability to retain contents
Packaging for Arvesta Motsa 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 are removed from the package and the
packaging is then re-closed. The packaging in direct contact with
Arvesta Motsa 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 Arvesta Motsa must not be marked in accordance
with the UN Model Regulations unless:
 the markings comply with the relevant provisions of that document,
and
 the packaging complies with the tests set out in Schedule 1, 2 or 3
(Packaging Regulations) respectively, and
 the design of the packaging has been test certified as complying
with those tests.
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Explanation10
Regulation 7(1) – Requirements when packing hazardous substance
 When packing Arvesta Motsa, 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
Arvesta Motsa must not be packed in packaging that has been
previously packed with substances with which it is incompatible.
P3, P13,
P15
Regulations 9,
19, 21
Packaging requirements for Arvesta Motsa packed in limited
quantities
When Arvesta Motsa is packaged in limited quantities, there is
provision for it to be packaged to a lesser performance standard (as
specified in Schedule 4 of the Packaging Regulations) than normally
required. A list of those hazard classifications, and the maximum
quantity of substance that may be packaged to this lesser performance
standard, is provided in Schedule 5.
Quantities of Arvesta Motsa over 3 kg or 1 L must be packaged
according to Schedule 3 (UN PGIII) but may be packaged
according to Schedule 4 when in quantities equal to or less than 3kg
or 1 L.
There is a provision that packages containing less than 0.5L (500mL) of
Arvesta Motsa do not have to comply with the drop test performance
standard contained in Schedule 4 provided the packaging complies with
the requirements of Regulations 5(1)(a), (b) and (e), and there is a
warning statement on the outside of the package that the package may
not withstand a drop of 0.5m.
PG3
Schedule 3
This schedule provides the test methods for packaging required to be
tested in accordance with this schedule. The tests in Schedule 3
correlate to the packaging requirements of UN Packing Group III (UN
PGIII).
Hazardous Substances (Disposal) Regulations 2001
D2, D4,
Regulations 6, Disposal requirements for Arvesta Motsa
D5
8, 9
Arvesta Motsa must be disposed of by:
 treating Arvesta Motsa 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 Arvesta Motsa from New Zealand as a hazardous waste.
However, there is provision for Arvesta Motsa to be discharged into the
environment as waste or deposited in a landfill, provided the discharge
location is managed so that:
 Arvesta Motsa 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
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 in the event of an accidental fire, harm to people or the environment
does not occur – the performance requirements for this are set out
in Regulation 6(3)(b) of the Disposal Regulations,
 after reasonable mixing, the concentration of the substance in any
part of the environment outside the mixing zone does not exceed
any TEL (tolerable exposure limit) or EEL (environmental
exposure limit) set by the Authority for that substance.
D6
Regulation 10
Disposal requirements for packages
This control gives the disposal requirements for packages that
contained Arvesta Motsa 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 Arvesta Motsa. In addition, the manner of disposal
must take into account the material that the package is manufactured
from.
D7
Regulations
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 a quantity of Arvesta Motsa that exceeds the trigger levels as
specified in Schedule 1 of the Disposal Regulations. Where a substance
triggers more than one hazard classification, the most stringent quantity
generally applies.
The trigger quantity for Arvesta Motsa is ‘any amount’.
Information must be provided on appropriate methods of disposal and
information may be supplied warning of methods of disposal that
should be avoided, i.e. which 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).
D8
Regulations
13, 14
Disposal documentation requirements
These controls relate to the provision of documentation concerning
disposal (essentially in a MSDS) that must be provided when selling or
supplying a quantity of Arvesta Motsa that exceeds the trigger levels as
specified in Schedule 2 of the Disposal Regulations. Where a substance
triggers more than one hazard classification, the most stringent quantity
generally applies.
The trigger quantity for Arvesta Motsa is 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 Arvesta Motsa 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).
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Explanation10
Hazardous Substances (Emergency Management) Regulations 2001
EM1
Regulations 6, Level 1 emergency management information: General
7, 9-11
requirements
These controls relate to the provision of emergency management
information (essentially on the label) that must be provided with
Arvesta Motsa when present in quantities equal to or greater than the
trigger levels as listed in Schedule 1 of the Emergency Management
Regulations. Where a substance triggers more than one hazard
classification, the most stringent quantity generally applies.
The trigger quantity for Arvesta Motsa is ‘any amount’.
Regulation 6 describes the duties of suppliers, Regulation 7 describes
the duties of persons in charge of places, Regulation 9 describes the
requirement for the availability of the information (10 seconds) and
Regulation 10 gives the requirements relating to the presentation of the
information with respect to comprehensibility, clarity and durability.
These requirements correspond with those relating to secondary
identifiers required by the Identification Regulations (code I1,
Regulations 6, 7, 32–35, 36(1)-(7)).
Regulation 11 provides for the option of complying with the
information requirements of the transport rules when Arvesta Motsa is
being transported.
EM4,
EM6,
EM7
Regulation
8(c), (e), (f)
Additional information requirements for Arvesta Motsa
The following information must be provided with Arvesta Motsa when
present in quantities equal to or greater than the trigger levels as listed
in Schedule 1 of the Emergency Management Regulations:
 a description of the material and equipment needed to put out a fire
involving it.
The following information is recommended to be included:
 a description of the usual symptoms of exposure
 a description of the first aid to be given
 a 24-hour emergency service telephone number
 a description of its typical effects on those parts of the environment
that may be affected
 a statement of any immediate actions that may be taken to prevent
the substance from entering or affecting those parts of the
environment.
The trigger limit for Arvesta Motsa is ‘any amount’.
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 Arvesta Motsa is sold or
supplied, or held in a workplace, in quantities equal to or greater than
the quantities specified in Schedule 2 of the Emergency Management
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Regulations. Where a substance triggers more than one hazard
classification, the most stringent quantity generally applies.
The trigger limit for Arvesta Motsa is 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 Arvesta Motsa is being
transported, and Regulation 16 specifies requirements for general
contents of the documentation.
Regulation 18 provides accessibility requirements (documentation to be
available within five 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
Extra content for Arvesta Motsa
There is an additional requirement for Arvesta Motsa 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.
EM10
Regulations
21-24
Fire extinguishers
Every place (including vehicles) where explosive, flammable or
oxidising substances are held in a place of work in quantities exceeding
those specified in Schedule 3 of the Emergency Management
Regulations, must have the specified number of fire extinguishers
(either one or two as detailed in Schedule 3) (Regulation 21). The
intention of these general requirements is to provide sufficient firefighting capacity to stop a fire spreading and reaching hazardous
substances, rather than providing sufficient capacity to extinguish any
possible fire involving large quantities of hazardous substances.
For Arvesta Motsa, the requirement is 2 extinguishers, triggered by
a quantity level of 500 L.
Each fire extinguisher must be located within 30m of Arvesta Motsa or,
in a transportation situation, in or on the vehicle (Regulation 22). The
performance measure for an extinguisher is that it must be capable of
extinguishing a fully ignited pool of flammable liquid (50mm deep and
at least 6m2 in area), before the extinguisher is exhausted, and when
used by one person (Regulation 23).
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
Arvesta Motsa is held (or reasonably likely to be held on occasion) in
quantities greater than those specified in Schedule 4 of the Emergency
Management Regulations. Where a substance triggers more than one
hazard classification, the most stringent quantity generally applies.
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The trigger quantity for Arvesta Motsa is 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.
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 Arvesta
Motsa is held in quantities equal to or greater than those specified in
Schedule 4 of the Emergency Management Regulations. Where a
substance triggers more than one hazard classification, the most
stringent quantity generally applies.
The trigger limit for Arvesta Motsa is 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).
EM13
Regulation 42
Level 3 emergency management requirements – signage
This control relates to the provision of emergency management
information on signage at places where Arvesta Motsa is held at
quantities equal to or greater than the quantities specified in Schedule 5
of the Emergency Management Regulations. Where a substance
triggers more than one hazard classification, the most stringent quantity
generally applies.
The trigger limit for Arvesta Motsa is 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
Select 37%, C-6241 and Arvesta Motsa must not be applied directly onto or into water
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