ENVIRONMENTAL RISK MANAGEMENT
AUTHORITY DECISION
Amended under section 67A on 22 December 2008
Original Decision signed on 1 December 2008
Application code:
HSR08021
Application category:
To import or manufacture any hazardous substance
under the Hazardous Substances and New Organisms
Act 1996 (“the Act”)
Applicant:
PGG Wrightsons
Date application received:
25 February 2008
Submission period:
30 May 2008 – 14 July 2008
Consideration date:
27 November 2008
Considered by:
A Committee of the Authority (“the Committee”)
Purpose:
To manufacture for release the seed treatments Grass
Slurry Green and Grass Slurry Gold containing
thiram, imidacloprid and thiodicarb (Category A).
1 Summary of decision
1.1
The importation or manufacture of Grass Slurry Green and Grass Slurry Gold
for release is approved with controls in accordance with the relevant
provisions of the Act, the HSNO Regulations and the HSNO (Methodology)
Order 1998 (“the Methodology”).
1.2
The substances have been given the following unique identifiers for the ERMA
New Zealand Hazardous Substances Register:
Grass Slurry Green
Grass Slurry Gold
2 Legislative criteria for application
2.1
The application was lodged pursuant to section 28. The decision was determined
in accordance with section 29, taking into account matters to be considered in
that section and additional matters specified under Part II of the Act. Unless
otherwise stated, references to section numbers in this decision refer to sections
of the Act.
2.2
Consideration of the application followed the relevant provisions of the
Methodology. Unless otherwise stated, references to clauses in this decision
refer to clauses of the Methodology.
3 Application process
3.1
The application was formally received on 25 February 2008.
3.2
Further information was requested from the applicant1 and consequently the
notification of the application was postponed for 59 working days.
3.3
Public notification2 was made on 30 May 2008.
3.4
Submissions closed on 14 July 2008.
3.5
Various Government departments, Crown Entities and interested parties,
including the New Zealand Food Safety Committee (Agricultural Compounds
and Veterinary Medicines (ACVM) Group), and the Department of Labour
Work Place Group, which in the opinion of the Committee would be likely to
have an interest in the application, were notified of the receipt of the
application3 and provided with an opportunity to comment or make a public
submission on the application.
3.5.1
No comments or submissions were received.
3.6
The Agency prepared an Evaluation and Review Report (“the E&R Report”) to
aid the Committee in its decision making process. The E&R Report consists of
the Agency’s review of the application and available data regarding the
substances and/or their constituent components. In the E&R Report, the
Agency proposed a suite of controls considered suitable to manage the risks
associated with the release of Grass Slurry Green/Gold and has assessed the
potential risks the substances may pose to the environment, human health,
Māori, community and to the market economy.
3.7
Due to delays in completing this E&R Report, the Authority postponed the
consideration4 until 20 October 2008.
3.8
On 15 October 2008, the applicant advised that the formulation details included
in the application were not correct. Consequently the consideration of the
application was postponed until 27 November 2008 and a revised E&R Report
was prepared.
3.9
The Department of Labour, the New Zealand Food Safety Committee
(Agricultural Compounds and Veterinary Medicines (ACVM) Group), and the
applicant were given the opportunity to comment on the E&R Report and the
controls proposed therein. Comments made by the applicant were taken into
account setting the controls.
3.10
No external experts were used in the consideration of this application5.
1
In accordance with section 52
In accordance with sections 53(1) and 53A, and clauses 2(2)(b) and 7
3
In accordance with sections 53(4) and 58(1)(c) and clauses 2(2)(e) and 5
4
under section 58(3)
2
Environmental Risk Management Committee Decision: Application HSR08021
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3.11
The following members of the Authority considered the application6: Dr Max
Suckling (chair), Dr Manuka Henare, Mr Richard Woods,
3.12
The information available to the Committee comprised:


the application; and
the E&R Report including confidential appendices.
4 Consideration
Purpose of the application
4.1
The purpose of the application is to manufacture the seed treatments Grass
Slurry Green and Grass Slurry Gold.
4.2
Grass Slurry Green contains thiram and thiodicarb and Grass Slurry Gold
contains the active ingredients thiram, imidacloprid and thiodicarb.
4.3
Grass Slurry Green is intended for application to grass and chicory seeds for
protection against argentine stem weevil and black beetle. Grass Slurry Gold is
intended for application to grass seeds for protection against grass grub,
argentine stem weevil and black beetle. The applicant has indicated that treated
seeds are likely to be used to grow pasture.
Sequence of the consideration
4.4
The approach to the consideration adopted by the Committee7 was to:





establish the hazard classifications for the substances and derive the default
controls8 for each classification.
identify potentially non-negligible risks, costs, and benefits.
assess the potentially non-negligible risks and costs9.
consider the adequacy of the default controls and exposure limits alongside
the assessment of risks and costs to determine whether those controls or
limits should be varied or set10 and identify where additional controls need
to be applied11 to mitigate any unacceptable risks.
undertake a combined consideration of all the risks and costs and determine
whether the combined risks and costs are negligible or non-negligible. The
combined risks and costs for this application were determined to be nonnegligible.
5
Clause 17
section 19(2)(b)
7
In accordance with clause 24
8
Prescribed under section 77
9
In accordance with clauses 12 and 13
10
under section 77
11
under section 77A
6
Environmental Risk Management Committee Decision: Application HSR08021
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
consider the approach to risk12.

consider the cost-effectiveness of the application of controls13.


assess the potential benefits14.
consider whether the positive effects (benefits) outweigh adverse effects
(risks and costs).
confirm and set the controls.
approve or decline the application15.


Hazard classification
4.5
The Agency has classified Grass Slurry Green as follows:
Hazardous Property
Acute toxicity (oral)
Acute toxicity (inhalation)
Contact sensitisation
Target organ toxicity
Aquatic ecotoxicity
Ecotoxicity to terrestrial vertebrates
4.6
Classification
6.1C
6.1D
6.5B
6.9B (oral)
9.1A
9.3A
The Agency has classified Grass Slurry Gold as follows:
Hazardous Property
Acute toxicity (oral)
Acute toxicity (inhalation)
Contact sensitisation
Target organ toxicity
Aquatic ecotoxicity
Soil ecotoxicity
Ecotoxicity to terrestrial vertebrates
Ecotoxicity to terrestrial invertebrates
Classification
6.1C
6.1D
6.5B
6.9B (oral)
9.1A
9.2B
9.3A
9.4A
Default controls
4.7
In the E&R Report, the Agency assigned default controls for Grass Slurry
Green/Gold based on their hazardous properties as set out in the HSNO
Regulations. The default controls were used as a reference for evaluation of the
application in the E&R Report. The default controls are listed in Appendix 4 of
the E&R Report and have not been reproduced here.
12
in accordance with clause 33
in accordance with clause 35 and sections 77 and 77A
14
in accordance with clause 13
15
under section 29 and clause 27
13
Environmental Risk Management Committee Decision: Application HSR08021
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Identification of the potentially non-negligible risks, costs and benefits
of the substances
4.8
In its evaluation of Grass Slurry Green/Gold, the Agency identified potentially
significant, and therefore non-negligible, risks, costs and benefits associated
with the substances.
Potentially non-negligible risks
4.9
The Agency considers that the potentially non-negligible risks associated with
Grass Slurry Green/Gold relate to the substances’ hazardous properties (see 4.5
and 4.6 above).
Potentially non-negligible costs
A “cost” is defined16 as “the value of a particular adverse effect expressed in monetary or
non-monetary terms”. Accordingly, the costs were assessed in an integrated
fashion together with the risks in the Agency’s assessment.
Potentially non-negligible benefits
4.10
A “benefit” is defined16 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 the Methodology17 were considered in terms of clause 13.
4.11
The applicant noted that both substances are essentially already in use. The
applicant considers that issuing approvals which apply to Grass Slurry
Green/Gold presents an opportunity to apply controls specifically to these
substances, rather than relying on the controls which apply to each of the
individual seed treatments that make up the formulations; thereby resulting in
better management of the substances.
4.12
The Agency considered these benefits to be potentially non-negligible.
Assessment of the potentially non-negligible risks and costs of the
substances
4.13
Taking into account the Agency’s assessment of the potentially non-negligible
risks and costs associated with Grass Slurry Green/Gold in New Zealand18, the
Committee considers that:
4.13.1
Grass Slurry Green/Gold pose negligible risks to human health and
safety.
4.13.2
The environmental risks during import/transport, manufacture, and
disposal of the substances are negligible.
16
Regulation 2 of the Methodology
clauses 9 and 11
18
refer to Appendix 3 of the E&R Report
17
Environmental Risk Management Committee Decision: Application HSR08021
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4.13.3
Exposure of non-target organisms to either substance is most likely to
occur during the use of treated seeds. Based on the results of the
Agency’s quantitative assessments, the Committee considers that the
use of seeds treated with Grass Slurry Green/Gold may present acute
and chronic risks to birds as a result of consumption of treated seeds.
These risks are non-negligible.
4.13.4
Grass Slurry Gold may present acute risks to earthworms in areas
where treated seeds are applied. These risks are non-negligible.
4.13.5
Significant adverse impacts on the social or economic environment
with the controlled use of Grass Slurry Green/Gold are not anticipated;
4.13.6
It is unlikely that Grass Slurry Green/Gold could have a significant
impact on Māori culture or traditional relationships with ancestral
lands, water, sites, wāhi tapu, valued flora and fauna or other taonga;
4.13.7
There is no evidence to suggest that the controlled use of Grass Slurry
Green/Gold will breach the principles of the Treaty of Waitangi.
5 Modification of Controls to mitigate non-negligible risks
5.1
The Committee considers that the following additional controls should be
employed to address the non-negligible risks to birds and earthworms identified
above:
5.1.1
A control which requires that seeds be dyed at the time of treatment so
as to differentiate them from other seeds and to minimise the
attractiveness of treated seeds to birds.
5.1.2
A control which requires that treated seed is completely covered by soil
when sown, so as to minimise access by birds to the seeds.
5.1.3
A control which requires that treated seeds be disposed of in
accordance with the disposal requirements for toxic and ecotoxic
substances; and that excess treated seed should not be left in areas
accessible to birds.
5.1.4
Setting maximum application rates as described in Confidential
Appendix 2.
6 Variations to default controls and setting of exposure limits
6.1
19
A number of variations19 to the default controls for Grass Slurry Green/Gold
were proposed in the E&R Report. These variations and the setting of exposure
limits and applications rates are discussed below.
in accordance with clause 35 and sections 77 and 77A
Environmental Risk Management Committee Decision: Application HSR08021
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Setting of exposure limits and application rates
Control T1 relates to the requirement to limit public exposure to toxic substances by the
setting of Tolerable Exposure Limits (TELs). The Committee has not set TEL
values at this time.
6.2
Control T2 relates to the requirement to limit worker exposure to toxic
substances by the setting of Workplace Exposure Standards (WESs). No WESs
are set for any components of Grass Slurry Green/Gold at this time.
6.3
Control E1 relates to the requirements to limit exposure of non-target organisms
in the environment through the setting of Environmental Exposure Limits
(EELs). The Committee has not set any EEL values at this time for Grass Slurry
Green/Gold.
6.4
Control E2 relates to the requirement to set an application rate for a class 9
substance that is to be applied on an area of land and for which an EEL has been
set. As no EEL has been set, the Committee is not able to set an application
rate.
6.5
However, the Agency’s risk assessment indicates that Grass Slurry Green/Gold
may cause adverse effects to non-target organisms when used according to the
specific parameters of the risk assessment. The Agency therefore considers it is
appropriate to set a maximum application rate for the mixing of the substances
with the seed. (See Paragraph 6.8 below).
Additional controls under section 77A
6.6
20
The Committee notes that the risk quotients derived from the quantitative
modelling indicate that restrictions on use are necessary to mitigate the risks to
the environment. Accordingly, the Agency considers that the application of
controls addressing these risks will be more effective than the specified (default)
controls in terms of their effect on the management, use and risks of the
substances20. Consequently, the following additional controls are set for Grass
Slurry Green/Gold to mitigate the risks to non-target organisms:
6.6.1
At the time of treatment the seed shall be dyed so as to differentiate it
from untreated seed.
6.6.2
Grass Slurry Green/Gold shall only be used as a seed treatment.
6.6.3
Seed treated with Grass Slurry Green/Gold shall not be used for human
or animal consumption. The substance labels shall include a statement
to this effect. Information to this effect shall be provided with treated
seed.
6.6.4
Treated seed shall be completely covered by soil when sown. The
substance label shall include a statement to this effect. Information to
this effect shall be provided with treated seed.
section 77A(4)(a)
Environmental Risk Management Committee Decision: Application HSR08021
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6.6.5
Excess treated seed shall not be left in areas accessible to birds. The
substance label shall include a statement to this effect. Information to
this effect shall be provided with treated seed.
6.6.6
Personal protective equipment (“PPE”) shall be used when handling
seeds treated with Grass Slurry Green/Gold. The substance label shall
include a statement to this effect. Information to this effect shall be
provided with treated seed.
6.6.7
Seeds treated with Grass Slurry Green/Gold shall be disposed of in
accordance with the disposal requirements for toxic and ecotoxic
substances (see controls D4 and D5). The substance label shall include
a statement to this effect. Information to this effect shall be provided
with treated seed.
6.6.8
Information shall be included on the substance label and provided with
treated seed that indicates the substance that the seed has been treated
with, its hazardous properties and precautions to be taken in handling
the seed (see Controls I9, I11 and I16).
6.7
The Committee has set maximum application rates for both substances, based
on the rates that were supplied by the applicant and used in the quantitative
modelling. The maximum application rates are set out in Confidential Appendix
2.
6.8
The Committee has applied controls addressing the risks associated with
stationary container systems, and allowing for dispensation where it is
unnecessary for any associated pipework to have secondary containment. These
controls are considered to be more effective than the specified (default) controls
in terms of their effect on the management, use and risks of the substances21.
The controls are shown in Tables A1.1 and A1.2.
Variation of controls under section 77
6.9
21
22
The Committee has varied the following controls under section 77(4)(b) for
Grass Slurry Green/Gold, as the variations will not significantly increase the
adverse effects of the substance:
6.9.1
Control EM1222 relates to the requirements for secondary containment
of pooling substances. The Committee considers that the risks
associated with the containment of substances which are not class 1 to
5 substances are different to those associated with class 1 to 5
substances. Consequently, the Committee considers that the secondary
containment requirements can be made less stringent without
increasing the risks associated with the substances. Therefore, the
EM12 control has been varied as proposed in the E&R Report.
6.9.2
Approved handler requirements have also been triggered for Grass
Slurry Green/Gold as a result of their toxic and ecotoxic properties.
section 77A(4)(a)
Regulations 35 – 41 of the Hazardous Substances (Emergency Management) Regulations 2001
Environmental Risk Management Committee Decision: Application HSR08021
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The Committee considers it appropriate to retain approved handler
requirements over the whole lifecycle of the substance with the
exception of when it is being transported as outlined in the variation
proposed in the E&R Report.
6.10
The Committee has combined the following controls under section 77(5) as they
relate to the same requirements:
6.10.1
Controls T4 and E6 which relate to requirements for equipment used to
handle hazardous substances.
6.10.2
Controls P13 and P15 which relate to requirements for packaging
hazardous substances.
6.10.3
Controls D4 and D5 which relate to requirements for disposal of
hazardous substances.
7 Overall evaluation of risks and costs
7.1
The Committee considers that the risks of Grass Slurry Green/Gold to human
health and safety are negligible with the controls in place.
7.2
The Agency’s quantitative assessment has identified that the use of seeds treated
with Grass Slurry Green/Gold may present non-negligible risks to the
environment. However, taking into account the additional controls proposed,
the Committee considers that the residual non-negligible risks are very low.
7.3
The Committee does not consider there to be significant risks to Māori cultural
wellbeing, society and the community, the market economy, or to New
Zealand’s international obligations.
8 Approach to risk
8.1
23
In establishing the approach to risk in relation to the non-negligible risks to the
environment, the Agency has considered the following factors23:
8.1.1
As the non-negligible risks are to the environment, exposure (by nontarget organisms) to the risks is involuntary. However, individuals
choosing to use the treated seeds will be able minimise the likelihood
that non-target organisms will be exposed to these risks.
8.1.2
The risks associated directly with the consumption of treated seeds by
birds will not persist over time, provided seeds are buried.
8.1.3
The risks are not subject to uncontrollable spread. The Agency’s risk
assessment indicating a high risk to birds is based on the consumption
of treated seeds; therefore the risk is associated with the treated seeds
themselves. The high acute risk to earthworms (resulting from
In accordance with clause 33
Environmental Risk Management Committee Decision: Application HSR08021
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exposure to Grass Slurry Gold) will be limited to the immediate area
where seeds are applied.
8.1.4
There is potential for irreversible adverse effects (including death) to
occur to non-target organisms exposed to seeds treated with Grass
Slurry Green/Gold.
8.1.5
The risks may not be known or understood by the general public;
however, this information is available. The HSNO controls require
identification of hazards and the means of avoiding and managing
adverse effects on the product label and in the supporting
documentation.
The Committee is aware that the combinations of treatments that make up Grass Slurry
Gold and Grass Slurry Green are already being applied to seeds; and that these
activities are not prevented under HSNO or any other legislation. The
Committee understands that, in the past, these combinations of seed treatments
have been applied on-site i.e. no transport of the mixtures was previously
undertaken. The Committee considers that, given that the combination of seed
treatments is already legally in use without any additional controls to manage
the risks to non-target organisms, approving the two Grass Slurry products with
additional controls will not result in an increase in risk relative to existing
practice.
Taking into account the additional controls that have been and the approach to risk
outlined above, the Committee considers that the level of residual nonnegligible risk is very low.
9 Review of controls for cost-effectiveness
9.1
The Committee considers that the proposed controls are the most cost-effective
means of managing the identified potential risks and costs associated with this
application24.
9.2
The applicant was given an opportunity to comment on the proposed controls as
set out in the E&R Report25.
10 Assessment of the potentially non-negligible benefits
10.1
The most significant benefit identified by the applicant and the Agency (refer
paragraphs 4.11 to 4.13 above) is the improved management of these substances
in treating seeds.
10.2
The Committee agrees with the Agency’s assessment26 that the level of benefit
may be described as high.
24
in accordance with clause 35(a) and sections 77 and 77A
clause 35(b)
26
See para. 9.5 of the E&R Report
25
Environmental Risk Management Committee Decision: Application HSR08021
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11 Comparison of risks, cost and benefits
11.1
The Committee considers that the risks of Grass Slurry Green/Gold to human
health and safety are negligible with the controls in place.
11.2
The Agency’s quantitative assessment has identified that the use of seeds treated
with either Grass Slurry Green/Gold may present non-negligible risks to the
environment. However, taking into account the additional controls proposed
and the approach to risk as discussed in section 8 above, the Committee
considers that the residual non-negligible risks are very low.
11.3
The Committee does not consider there to be significant risks to Māori cultural
wellbeing, society and the community, the market economy, or to New
Zealand’s international obligations.
11.4
The Committee considers that there is a high level of benefit associated with the
release of Grass Slurry Green/Gold; namely, the opportunity to apply controls
specifically to these substances.
11.5
Thus, the Committee considers that it is evident that the benefits of releasing
Grass Slurry Green/Gold and Grass Slurry Green outweigh the risks and costs.
12 Confirmation and setting of controls
12.1
The controls listed in Appendix 1 will apply to Grass Slurry Green/Gold.
13 Recommendations
13.1
The Committee recommends that, should inappropriate or accidental use,
transport or disposal of Grass Slurry Green/Gold result in the contamination of
waterways, the appropriate authorities, including the relevant iwi authorities in
the region, should be notified. This action should include advising them of the
contamination and the measures taken in response.
14 Environmental user charges
14.1
The Committee considers that the application of controls to Grass Slurry
Green/Gold will provide an effective means of managing risks associated with
this substance. At this time no consideration has been given to whether or not
environmental charges should be applied to this substance as an alternative or
additional means of achieving effective risk management.
Environmental Risk Management Committee Decision: Application HSR08021
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15 Decision
15.1
The Committee determines that:
15.1.1
Grass Slurry Green has the following hazard classifications:
Hazardous Property
Acute toxicity (oral)
Acute toxicity (inhalation)
Contact sensitisation
Target organ toxicity
Aquatic ecotoxicity
Ecotoxicity to terrestrial vertebrates
15.1.2
6.1C
6.1D
6.5B
6.9B (oral)
9.1A
9.3A
Grass Slurry Gold has the following hazard classifications:
Hazardous Property
Acute toxicity (oral)
Acute toxicity (inhalation)
Contact sensitisation
Target organ toxicity
Aquatic ecotoxicity
Soil ecotoxicity
Ecotoxicity to terrestrial vertebrates
Ecotoxicity to terrestrial
invertebrates
15.1.3
Classification
Classification
6.1C
6.1D
6.5B
6.9B (oral)
9.1A
9.2B
9.3A
9.4A
pursuant to section 29 and clause 27 the positive effects of Grass Slurry
Green/Gold outweigh the negative effects.
15.2
The application for manufacture and release of the hazardous substances, Grass
Slurry Green and Grass Slurry Gold, is thus approved with controls as listed in
Appendix 1. The Committee is also satisfied that, as the importation of Grass
Slurry Green/Gold would not impose any additional risks over the manufacture
of the substances, this approval should apply to both importation and
manufacture of Grass Slurry Green/Gold.
15.3
The Committee27 records that, in reaching this conclusion, it has applied the
balancing tests in section 29 and clause 27.
15.4
It has also applied the following criteria in the Methodology:





27
clause 9 – equivalent of sections 5, 6 and 8;
clause 11 – characteristics of Grass Slurry Green/Gold;
clause 12 – evaluation of assessment of risks;
clause 13 – evaluation of assessment of costs and benefits;
clause 14 – costs and benefits accruing to New Zealand
In accordance with clause 36(2)(b)
Environmental Risk Management Committee Decision: Application HSR08021
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






clause 21 – the decision accords with the requirements and regulations;
clause 22 – the evaluation of risks, costs and benefits – relevant
considerations;
clause 24 – the use of recognised risk identification, assessment,
evaluation and management techniques;
clause 25 – the evaluation of risks;
clause 33 – risk characteristics;
clause 34 – the aggregation and comparison of risks, costs and benefits;
clause 35 – the costs and benefits of varying the default controls.
signed
Dr Max Suckling
Date: 1 December 2008
Chair
ERMA New Zealand Approval Codes:
Grass Slurry Green
HSR007990
Grass Slurry Gold
HSR007996
Environmental Risk Management Committee Decision: Application HSR08021
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December 2008 Amendment
Two amendments to this decision have been made under section 67A of the HSNO Act under
the category “minor in effect”.
1. Application rates
The Committee has set maximum application rates for these seed treatment chemicals
based on information provided by the applicant. The applicant has classified the
application rates as commercially sensitive and the Committee is of the opinion that
they may be able to be withheld under the Official Information Act. Accordingly, the
application rates have been removed from the original decision and placed in a
confidential appendix.
2. Substance Approval
In conjunction with the above amendment, the original approval relates to a single
substance “Suspension containing Imidacloprid, Thiram and Thiodocarb” which was
given the approval number HSR007990. The approval has been amended so as to
relate to two substances as shown above.
Dr Max Suckling
ERMA New Zealand
Date 22 December 2008
Environmental Risk Management Committee Decision: Application HSR08021
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Appendix 1: Controls for Grass Slurry Green/Gold
Note: Please refer to the regulations for the requirements prescribed for each control and
the modifications listed as set out in section 5 of this document.
Table A1.1: Controls for Grass Slurry Green – codes, regulations and variations.
Control
Code28 Regulation29 Topic
Variations
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 -Toxic Property
Controls
Limiting exposure to toxic
No TEL values are set for Grass
T1
11-27
substances
Slurry Green at this time.
Controlling exposure in
T2
29, 30
places of work
Requirements for keeping
T3
5(1), 6
records of use
Requirements for
T4/E6
7
Controls T4 and E6 are combined.
equipment used to handle
hazardous substances
Requirements for protective
T5
8
clothing and equipment
Approved handler
T6/E7
9
See below
requirements
(1) Regulation 9 of the Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 is
deemed to be complied with if:
(a) when this substance is being transported on land—
(i) by rail, the person who drives the rail vehicle that is transporting the substance is fully
trained in accordance with the approved safety system under section 6D of the
Transport Services Licensing Act 1989, or a safety system which is referred to in an
approved safety case under the Railways Act 2005; and
(ii) in every other case, the person who drives, loads, and unloads the vehicle that is
transporting the substance—
(A) for hire or reward, or in quantities which exceed those set out in Schedule 1 of the
Land Transport Rule 45001/1:Dangerous Goods 2005, has a current dangerous
goods endorsement on his or her driver licence; or
(B) in every other case, the Land Transport Rule 45001/1:Dangerous Goods 2005 is
complied with; or
(b) when this substance is being transported by sea, one of the following is complied with:
(i) Maritime Rules: Part 24A – Carriage of Cargoes – Dangerous Goods (MR024A); or
(ii) International Maritime Dangerous Goods Code; or
(c) when this substance being transported by air, Part 92 of the Civil Aviation Rules is
complied with.
28 Note: The numbering system used in this column relates to the coding system used in the ERMA New Zealand Controls Matrix.
This links the hazard classification categories to the regulatory controls triggered by each category. It is available from the ERMA
New Zealand website www.ermanz.govt.nz/resources and is also contained in the ERMA New Zealand User Guide to the HSNO
Control Regulations.
29 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.
Environmental Risk Management Committee Decision: Application HSR08021
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Control
Code28 Regulation29 Topic
Variations
(2) Subclause (1)(a)—
(a) does not apply to a tank wagon or a transportable container to which the Hazardous
Substances (Tank Wagons and Transportable Containers) Regulations 2004 applies; but
(b) despite paragraph (a), does apply to an intermediate bulk container that complies with
chapter 6.5 of the UN Model Regulations.
(3) Subclause (1)(c)—
(a) applies to pilots, aircrew, and airline ground personnel loading and managing this
substance within an aerodrome; but
(b) does not apply to—
(i) the storage and handling of this substance in any place that is not within an
aerodrome; or
(ii) the loading and managing of this substance for the purpose of aerial spraying or
dropping.
(4)
In this regulation, UN Model Regulations means the 14th revised edition of the
Recommendation on the transport of Dangerous Goods Model Regulations, published in 2005 by
the United Nations.
Restrictions on the carriage
of hazardous substances on
passenger service vehicles
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 - Ecotoxic Property
Controls
Limiting exposure to
No EEL values are set for Grass
E1
32-45
ecotoxic substances
Slurry Green at this time.
Restrictions on use within
No application rate is set under this
E2
46-48
application area
control at this time.
Controls relating to
E4
50-51
protection of terrestrial
vertebrates
Requirements for keeping
E5
5(2), 6
records of use
Hazardous Substances (Identification) Regulations 2001
6, 7, 32General identification
I1
35, 36
requirements
(1)-(7)
T7
10
Regulation 6 – Identification
duties of suppliers
Regulation 7 – Identification
duties of persons in charge
Regulations 32 and 33 –
Accessibility of information
Regulations 34, 35, 36(1)-(7)
– Comprehensibility, Clarity
and Durability of information
I3
9
I8
14
Priority identifiers for
ecotoxic substances
Priority identifiers for
Environmental Risk Management Committee Decision: Application HSR08021
Page 16 of 29
Control
Code28 Regulation29
I9
18
I11
20
I16
25
I17
I18
26
27
I19
29-31
Topic
certain toxic substances
Secondary identifiers for all
hazardous substances
Secondary identifiers for
ecotoxic substances
Secondary identifiers for
toxic substances
Use of Generic Names
Use of Concentration
Ranges
Alternative information in
certain cases
Variations
See additional s77A controls below.
See additional s77A controls below.
See additional s77A controls below.
Regulation 29 – Substances in
fixed bulk containers or bulk
transport containers
Regulation 30 – Substances in
multiple packaging
Regulation 31 – Alternative
information when substances
are imported
I20
I21
Durability of information
for class 6.1 substances
37-39, 47- Documentation required in
50
places of work
36(8)
Regulation 37 –
Documentation duties of
suppliers
Regulation 38 –
Documentation duties of
persons in charge of places of
work
Regulation 39 – General
content requirements for
documentation
Regulation 47 – Information
not included in approval
Regulation 48 – Location and
presentation requirements for
documentation
Regulation 49 –
Documentation requirements
for vehicles
Environmental Risk Management Committee Decision: Application HSR08021
Page 17 of 29
Control
Code28 Regulation29
Topic
Variations
Regulation 50 –
Documentation to be supplied
on request
Specific documentation
requirements for ecotoxic
substances
Specific documentation
I28
46
requirements for toxic
substances
Duties of persons in charge
I29
51-52
of places with respect to
signage
Advertising corrosive and
I30
53
toxic substances
Hazardous Substances (Packaging) Regulations 2001
5, 6, 7 (1), General packaging
P1
8
requirements
I23
41
Regulation 5 – Ability to
retain contents
Regulation 6 – Packaging
markings
Regulation 7(1) –
Requirements when packing
hazardous substance
Regulation 8 – Compatibility
Regulation 9A and 9B – Large
Packaging
Packaging requirements for
substances packed in
limited quantities
P13,
Packaging requirements for
19, 21
P15
toxic and ecotoxic
substances
Schedule
The tests in Schedule 3
PG3
3
correlate to the packaging
requirements of UN
Packing Group III (UN PG
III).
Schedule This schedule describes the
PS4
4
minimum packaging
requirements that must be
complied with for this
substance when packaged
in limited quantities.
Hazardous Substances (Disposal) Regulations 2001
Disposal requirements for
D4, D5
8, 9
P3
9
P13 and P15 are combined.
Controls D4 and D5 are combined.
Environmental Risk Management Committee Decision: Application HSR08021
Page 18 of 29
Control
Code28 Regulation29
Topic
Variations
toxic, ecotoxic and
corrosive substances
Disposal requirements for
D6
10
packages
Disposal information
D7
11, 12
requirements
Disposal documentation
D8
13, 14
requirements
Hazardous Substances (Emergency Management) Regulations 2001
EM1
6, 7, 9-11 Level 1 emergency
management information:
General requirements
Information requirements
EM6
8(e)
for toxic substances
Information requirements
EM7
8(f)
for ecotoxic substances
12-16, 18- Level 2 emergency
EM8
20
management
documentation
requirements
Level 3 emergency
EM11
25-34
management requirements
– emergency response plans
See below
Level 3 emergency
EM12
35-41
management requirements
– secondary containment
The following subclauses shall be added after subclause (3) of regulation 36:
(4) For the purposes of this regulation, and regulations 37 to 40, where this substance is contained in
pipework that is installed and operated so as to manage any loss of containment in the pipework it—
(a) is not to be taken into account in determining whether a place is required to have a secondary
containment system; and
(b) is not required to be located in a secondary containment system.
(5) In this clause, pipework—
(a) means piping that—
(i) is connected to a stationary container; and
(ii) is used to transfer a hazardous substance into or out of the stationary container; and
(b) includes a process pipeline or a transfer line.
The following subclauses are added at the end of regulation 37:
(2) If pooling substances which do not have class 1 to 5 hazard classifications are held in a place above
ground in containers each of which has a capacity of 60 litres or less—
(a) if the place’s total pooling potential is less than 20,000 litres, the secondary containment system
must have a capacity of at least 25% of that total pooling potential:
(b) if the place’s total pooling potential is 20,000 litres or more, the secondary containment system
must have a capacity of the greater of—
(i) 5% of the total pooling potential; or
(ii) 5,000 litres.
(3) Pooling substances to which subclause (2) applies must be segregated where appropriate to ensure that
leakage of one substance may not adversely affect the container of another substance.
The following subclauses are added at the end of regulation 38:
Environmental Risk Management Committee Decision: Application HSR08021
Page 19 of 29
Control
Code28 Regulation29
Topic
Variations
(2) If pooling substances which do not have class 1 to 5 hazard classifications are held in a place above
ground in containers 1 or more of which have a capacity of more than 60 litres but none of which have a
capacity of more than 450 litres—
(a) if the place’s total pooling potential is less than 20,000 litres, the secondary containment system
must have a capacity of either 25% of that total pooling potential or 110% of the capacity of the
largest container, whichever is the greater:
(b) if the place’s total pooling potential is 20,000 litres or more, the secondary containment system
must have a capacity of the greater of—
(i) 5% of the total pooling potential; or
(ii) 5,000 litres
(3) Pooling substances to which subclause (2) applies must be segregated where appropriate to ensure
that the leakage of one substance may not adversely affect the container of another substance.
Level 3 emergency
management requirements
– signage
Hazardous Substances (Personnel Qualification) Regulations 2001
Approved Handler
AH1
4-6
requirements
Hazardous Substances (Tracking) Regulations 2001
TR1
4(1), 5, 6 General tracking
requirements
Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004
Regulations 4 to 43
The Hazardous Substances (Tank Wagons and Transportable
where applicable
Containers) Regulations 2004 prescribe a number of controls
relating to tank wagons and transportable containers and must be
complied with as relevant.
Additional controls set under s77A
The controls relating to stationary container systems, as set out in Schedule 8 of the Hazardous
Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 (Supplement
to the New Zealand Gazette, 26 March 2004, No. 35, page 767), as amended, apply to this
substance, notwithstanding clause 1(1) of that schedule.
At the time of treatment the seed must be dyed so as to differentiate it from untreated seed.
Grass Slurry Green shall only be used as a seed treatment.
Seed treated with Grass Slurry Green shall not be used for human or animal consumption.
The substance label shall include a statement to this effect.
Information to this effect shall be provided with treated seeds.
Treated seed shall be completely covered by soil when sown.
The substance label shall include a statement to this effect.
Information to this effect shall be provided with treated seeds.
Excess treated seed shall not be left in areas accessible to birds.
The substance label shall include a statement to this effect.
Information to this effect shall be provided with treated seeds.
Appropriate PPE shall be used when handling seeds treated with Grass Slurry Green.
The substance label shall include a statement to this effect.
Information to this effect shall be provided with treated seeds.
Seeds treated with Grass Slurry Green shall be disposed of in accordance with the disposal
requirements for toxic and ecotoxic substances.
The substance label shall include a statement to this effect.
Information to this effect shall be provided with treated seeds.
EM13
42
Environmental Risk Management Committee Decision: Application HSR08021
Page 20 of 29
Control
Code28 Regulation29 Topic
Variations
Information shall be provided with treated seed that indicates the substance (i.e. Grass Slurry Green
and the identity of the active ingredients) that the seed has been treated with, its hazardous
properties and precautions to be taken in handling the seed.
The maximum application rates for Grass Slurry Green are set out in Confidential Appendix 2.
Environmental Risk Management Committee Decision: Application HSR08021
Page 21 of 29
Table A1.2: Controls for Grass Slurry Gold – codes, regulations and variations.
Control
Code30 Regulation31 Topic
Variations
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 -Toxic Property
Controls
Limiting exposure to toxic
No TEL values are set for Grass
T1
11-27
substances
Slurry Gold at this time.
Controlling exposure in
T2
29, 30
places of work
Requirements for
T4/E6
7
Controls T4 and E6 are combined.
equipment used to handle
hazardous substances
Requirements for protective
T5
8
clothing and equipment
Approved handler
T6
9
See below
requirements
(1) Regulation 9 of the Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 is
deemed to be complied with if:
(a) when this substance is being transported on land—
(i) by rail, the person who drives the rail vehicle that is transporting the substance is fully
trained in accordance with the approved safety system under section 6D of the
Transport Services Licensing Act 1989, or a safety system which is referred to in an
approved safety case under the Railways Act 2005; and
(ii) in every other case, the person who drives, loads, and unloads the vehicle that is
transporting the substance—
(A) for hire or reward, or in quantities which exceed those set out in Schedule 1 of the
Land Transport Rule 45001/1:Dangerous Goods 2005, has a current dangerous
goods endorsement on his or her driver licence; or
(B) in every other case, the Land Transport Rule 45001/1:Dangerous Goods 2005 is
complied with; or
(b) when this substance is being transported by sea, one of the following is complied with:
(i) Maritime Rules: Part 24A – Carriage of Cargoes – Dangerous Goods (MR024A); or
(ii) International Maritime Dangerous Goods Code; or
(c) when this substance being transported by air, Part 92 of the Civil Aviation Rules is
complied with.
(2) Subclause (1)(a)—
(a) does not apply to a tank wagon or a transportable container to which the Hazardous
Substances (Tank Wagons and Transportable Containers) Regulations 2004 applies; but
(b) despite paragraph (a), does apply to an intermediate bulk container that complies with
chapter 6.5 of the UN Model Regulations.
(3) Subclause (1)(c)—
30 Note: The numbering system used in this column relates to the coding system used in the ERMA New Zealand Controls Matrix.
This links the hazard classification categories to the regulatory controls triggered by each category. It is available from the ERMA
New Zealand website www.ermanz.govt.nz/resources and is also contained in the ERMA New Zealand User Guide to the HSNO
Control Regulations.
31 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.
Environmental Risk Management Committee Decision: Application HSR08021
Page 22 of 29
Control
Code30 Regulation31 Topic
Variations
(a) applies to pilots, aircrew, and airline ground personnel loading and managing this
substance within an aerodrome; but
(b) does not apply to—
(i) the storage and handling of this substance in any place that is not within an
aerodrome; or
(ii) the loading and managing of this substance for the purpose of aerial spraying or
dropping.
(4) In this regulation, UN Model Regulations means the 14th revised edition of the Recommendation on
the transport of Dangerous Goods Model Regulations, published in 2005 by the United Nations.
Restrictions on the carriage
of hazardous substances on
passenger service vehicles
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 - Ecotoxic Property
Controls
Limiting exposure to
No EEL values are set for Grass
E1
32-45
ecotoxic substances
Slurry Gold at this time.
Restrictions on use within
No application rate is set under this
E2
46-48
application area
control at this time.
Controls relating to
E3
49
protection of terrestrial
invertebrates e.g. beneficial
insects
Controls relating to
E4
50-51
protection of terrestrial
vertebrates
Requirements for keeping
E5
5(2), 6
records of use
Hazardous Substances (Identification) Regulations 2001
6, 7, 32General identification
I1
35, 36
requirements
(1)-(7)
T7
10
Regulation 6 – Identification
duties of suppliers
Regulation 7 – Identification
duties of persons in charge
Regulations 32 and 33 –
Accessibility of information
Regulations 34, 35, 36(1)-(7)
– Comprehensibility, Clarity
and Durability of information
I3
9
I8
14
I9
18
Priority identifiers for
ecotoxic substances
Priority identifiers for
certain toxic substances
Secondary identifiers for all
hazardous substances
See additional s77A controls below.
Environmental Risk Management Committee Decision: Application HSR08021
Page 23 of 29
Control
Code30 Regulation31
I11
20
I16
25
I17
I18
26
27
I19
29-31
Topic
Secondary identifiers for
ecotoxic substances
Secondary identifiers for
toxic substances
Use of Generic Names
Use of Concentration
Ranges
Alternative information in
certain cases
Variations
See additional s77A controls below.
See additional s77A controls below.
Regulation 29 – Substances in
fixed bulk containers or bulk
transport containers
Regulation 30 – Substances in
multiple packaging
Regulation 31 – Alternative
information when substances
are imported
I20
I21
Durability of information
for class 6.1 substances
37-39, 47- Documentation required in
50
places of work
36(8)
Regulation 37 –
Documentation duties of
suppliers
Regulation 38 –
Documentation duties of
persons in charge of places of
work
Regulation 39 – General
content requirements for
documentation
Regulation 47 – Information
not included in approval
Regulation 48 – Location and
presentation requirements for
documentation
Regulation 49 –
Documentation requirements
for vehicles
Regulation 50 –
Documentation to be supplied
on request
I23
41
Specific documentation
Environmental Risk Management Committee Decision: Application HSR08021
Page 24 of 29
Control
Code30 Regulation31
Topic
requirements for ecotoxic
substances
Specific documentation
I28
46
requirements for toxic
substances
Duties of persons in charge
I29
51-52
of places with respect to
signage
Advertising corrosive and
I30
53
toxic substances
Hazardous Substances (Packaging) Regulations 2001
5, 6, 7 (1), General packaging
P1
8
requirements
Variations
Regulation 5 – Ability to
retain contents
Regulation 6 – Packaging
markings
Regulation 7(1) –
Requirements when packing
hazardous substance
Regulation 8 – Compatibility
Regulation 9A and 9B – Large
Packaging
Packaging requirements for
substances packed in
limited quantities
P13,
Packaging requirements for
19, 21
P15
toxic and ecotoxic
substances
Schedule The tests in Schedule 3
PG3
3
correlate to the packaging
requirements of UN
Packing Group III (UN PG
III).
Schedule
This schedule describes the
PS4
4
minimum packaging
requirements that must be
complied with for this
substance when packaged
in limited quantities.
Hazardous Substances (Disposal) Regulations 2001
Disposal requirements for
D4, D5
8, 9
toxic, ecotoxic and
corrosive substances
Disposal requirements for
D6
10
P3
9
P13 and P15 are combined.
Controls D4 and D5 are combined.
Environmental Risk Management Committee Decision: Application HSR08021
Page 25 of 29
Control
Code30 Regulation31
Topic
Variations
packages
Disposal information
D7
11, 12
requirements
Disposal documentation
D8
13, 14
requirements
Hazardous Substances (Emergency Management) Regulations 2001
EM1
6, 7, 9-11 Level 1 emergency
management information:
General requirements
Information requirements
EM6
8(e)
for toxic substances
Information requirements
EM7
8(f)
for ecotoxic substances
12-16, 18- Level 2 emergency
EM8
20
management
documentation
requirements
Level 3 emergency
EM11
25-34
management requirements
– emergency response plans
Level 3 emergency
EM12
35-41
management requirements
See below
– secondary containment
The following subclauses shall be added after subclause (3) of regulation 36:
(4) For the purposes of this regulation, and regulations 37 to 40, where this substance is contained in
pipework that is installed and operated so as to manage any loss of containment in the pipework it—
(a) is not to be taken into account in determining whether a place is required to have a secondary
containment system; and
(b) is not required to be located in a secondary containment system.
(5) In this clause, pipework—
(a) means piping that—
(i) is connected to a stationary container; and
(ii) is used to transfer a hazardous substance into or out of the stationary container; and
(b) includes a process pipeline or a transfer line.
The following subclauses are added at the end of regulation 37:
(2) If pooling substances which do not have class 1 to 5 hazard classifications are held in a place above
ground in containers each of which has a capacity of 60 litres or less—
(a) if the place’s total pooling potential is less than 20,000 litres, the secondary containment system
must have a capacity of at least 25% of that total pooling potential:
(b) if the place’s total pooling potential is 20,000 litres or more, the secondary containment system
must have a capacity of the greater of—
(i) 5% of the total pooling potential; or
(ii) 5,000 litres.
(3) Pooling substances to which subclause (2) applies must be segregated where appropriate to ensure that
leakage of one substance may not adversely affect the container of another substance.
The following subclauses are added at the end of regulation 38:
(2) If pooling substances which do not have class 1 to 5 hazard classifications are held in a place above
ground in containers 1 or more of which have a capacity of more than 60 litres but none of which have a
capacity of more than 450 litres—
Environmental Risk Management Committee Decision: Application HSR08021
Page 26 of 29
Control
Code30 Regulation31
Topic
Variations
(a) if the place’s total pooling potential is less than 20,000 litres, the secondary containment system
must have a capacity of either 25% of that total pooling potential or 110% of the capacity of the
largest container, whichever is the greater:
(b) if the place’s total pooling potential is 20,000 litres or more, the secondary containment system
must have a capacity of the greater of—
(i) 5% of the total pooling potential; or
(ii) 5,000 litres
(3)
Pooling substances to which subclause (2) applies must be segregated where appropriate to ensure
that the leakage of one substance may not adversely affect the container of another substance.
Level 3 emergency
management requirements
– signage
Hazardous Substances (Personnel Qualification) Regulations 2001
Approved Handler
AH1
4-6
requirements
Hazardous Substances (Tracking) Regulations 2001
TR1
4(1), 5, 6 General tracking
requirements
Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004
Regulations 4 to 43
The Hazardous Substances (Tank Wagons and Transportable
where applicable
Containers) Regulations 2004 prescribe a number of controls
relating to tank wagons and transportable containers and must be
complied with as relevant.
Additional controls set under s77A
The controls relating to stationary container systems, as set out in Schedule 8 of the Hazardous
Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 (Supplement
to the New Zealand Gazette, 26 March 2004, No. 35, page 767), as amended, apply to this
substance, notwithstanding clause 1(1) of that schedule.
At the time of treatment the seed must be dyed so as to differentiate it from untreated seed.
Grass Slurry Gold shall only be used as a seed treatment.
Seed treated with Grass Slurry Gold shall not be used for human or animal consumption.
The substance label shall include a statement to this effect.
Information to this effect shall be provided with treated seeds.
Treated seed shall be completely covered by soil when sown.
The substance label shall include a statement to this effect.
Information to this effect shall be provided with treated seeds.
Excess treated seed shall not be left in areas accessible to birds.
The substance label shall include a statement to this effect.
Information to this effect shall be provided with treated seeds.
Appropriate PPE shall be used when handling seeds treated with Grass Slurry Gold.
The substance label shall include a statement to this effect.
Information to this effect shall be provided with treated seeds.
Seeds treated with Grass Slurry Gold shall be disposed of in accordance with the disposal
requirements for toxic and ecotoxic substances.
The substance label shall include a statement to this effect.
Information to this effect shall be provided with treated seeds.
Information shall be provided with treated seed that indicates the substance (i.e Grass Slurry Gold
and the identity of the active ingredients) that the seed has been treated with, its hazardous
properties and precautions to be taken in handling the seed.
EM13
42
Environmental Risk Management Committee Decision: Application HSR08021
Page 27 of 29
Control
Code30 Regulation31 Topic
Variations
The maximum application rates for Grass Slurry Gold are set out in Confidential Appendix 2.
Environmental Risk Management Committee Decision: Application HSR08021
Page 28 of 29
Appendix 2: Confidential Information
Environmental Risk Management Committee Decision: Application HSR08021
Page 29 of 29