Amended under Section 67A of the HSNO Act on 26 May 2008
ENVIRONMENTAL RISK MANAGEMENT AUTHORITY
DECISION
Application code
HSR06101
Application type
To import or manufacture any hazardous substance under Section 28A(2)(a)
of the Hazardous Substances and New Organisms Act 1996
Applicant
AGPRO NZ Ltd
10 Polaris Place
East Tamaki
AUCKLAND
Applicant contact:
Greg Halligan
Purpose
AGPRO Glufosinate 200: to import as a non-selective herbicide containing
200 g/L of glufosinate-ammonium salt for the control of a wide range of
grasses, broadleaf weeds and clovers in a wide range of fruit crops and noncropland areas (similar)
Date received
25 September 2006
Consideration date
13 October 2006
Considered by
Rob Forlong (Chief Executive, ERMA New Zealand)
1
Summary of Decision
1.1
The application to import or manufacture AGPRO Glufosinate 200 is approved with
controls in accordance with the relevant provisions of the Hazardous Substances and New
Organisms Act 1996 (the Act), the relevant Regulations, and the (Methodology) Order
1998 (the Methodology), based on its similar composition and similar hazardous
properties to a substance that has been approved by the Authority.
1.2
The substance has been given the following unique identifier for the ERMA New Zealand
Hazardous Substances Register:
AGPRO Glufosinate 200
1.3
ERMA New Zealand Approval Code: HSR007665
ERMA New Zealand has adopted the European Union use classification system as the
basis for recording the nature and uses of substances approved. The following use
categories are recorded for this substance:
Main Category:
Industrial category:
Function/Use category:
4
0
38
Wide Dispersive Use
Other
Pesticides
2
Legislative Criteria for Application
2.1
The application was lodged pursuant to section 28 of the Act. The decision was
determined in accordance with section 28A(2)(a), taking into account 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 purpose of the application is to gain approval to import a non-selective herbicide
containing 200 g/L of glufosinate-ammonium salt for the control of a wide range of
grasses, broadleaf weeds and clovers in a wide range of fruit crops and non-cropland
areas.
3.2
The application was formally received on 25 September 2006.
3.3
AGPRO Glufosinate 200 was considered for a Status of Substance assessment (SOS 4291)
with the result that it requires approval by rapid assessment under the rapid (similar) route
because it has different hazard classifications from the proposed reference substance.
3.4
The Agricultural Compounds & Veterinary Medicines Group (ACVMG), the Ministry of
Health and the Department of Labour Workplace Group were advised of the application
(clause 2(2)(e)).
3.5
No responses were received.
3.6
Project Team:
Margaret Keane
Advisor (Hazardous Substances)
Brendon Noonan
Advisor (Hazardous Substances)
Sekove Tinalevu
Advisor (Hazardous Substances)
Report review and sign-out by:
Peter Dawson
4
Principal Scientist (Hazardous Substances)
Consideration
Sequence of the Consideration
4.1
AGPRO NZ Ltd seeks approval under section 28A(2)(a) of the Act to import or
manufacture AGPRO Glufosinate 200.
4.2
Under section 28A(2)(a), an application can be assessed under rapid assessment
procedures if it can be shown that a substance having a similar composition and similar
hazardous properties has been approved by the Authority. Decision-making authority for
such rapid assessments has been delegated to the Chief Executive of ERMA New Zealand
(section 19(2)(d)).
4.3
The approach adopted when considering this application was:
 to identify the composition and hazardous properties of the proposed substance,
AGPRO Glufosinate 200, the reference similar substance nominated by AGPRO NZ
Ltd and other potential reference substances;
 to determine whether AGPRO Glufosinate 200 has a similar composition and similar
hazardous properties to the nominated reference substance or another reference
substance.
4.4
And then:
 to determine whether AGPRO Glufosinate 200 has a similar life-cycle to the reference
substance;
 to consider whether the risks posed by AGPRO Glufosinate 200 are the same as, less
than or greater than those posed by the reference substance;
 to consider whether there are any other effects which mean that AGPRO Glufosinate
200 should not be rapidly assessed; and
 taking into account the controls that apply under the Act to the reference substance,
apply appropriate controls to AGPRO Glufosinate 200.
Information Review
4.5
The project team has reviewed the information supplied by AGPRO NZ Ltd and consider
that the information constitutes an adequate and appropriate basis for considering the
application (clause 8). They also consider that there are no significant uncertainties (i.e.
sufficient to influence decision making) in the scientific and technical information relating
to the risks of the substance (clauses 29 and 30).
Composition of AGPRO Glufosinate 200 relative to that of the reference
substance
4.6
Both AGPRO Glufosinate 200 and the reference substance are herbicides in soluble
concentrate form containing the active ingredient glufosinate-ammonium.
4.7
Glufosinate-ammonium and a flammable solvent component are the major hazardous
components that confer the hazard classifications to AGPRO Glufosinate 200. Both of
these components are present at slightly higher concentrations in the reference substance
than in AGPRO Glufosinate 200.
4.8
After taking the variations in composition into account, the project team considers that the
compositions of AGPRO Glufosinate 200 and the reference substance are of the same
nature and kind. Accordingly, the project team is satisfied that AGPRO Glufosinate 200
has a similar composition to the reference substance.
Hazardous Properties of AGPRO Glufosinate 200 relative to that of the
reference substance
4.9
AGPRO NZ Ltd has provided information related to the hazardous properties of AGPRO
Glufosinate 200.
Environmental Risk Management Authority Decision: Application HSR06101
Page 3 of 28
4.10
To be eligible for consideration under section 28A(2)(a), AGPRO Glufosinate 200 must
have similar hazardous properties to the reference substance. The hazardous properties of
AGPRO Glufosinate 200, as determined by the project team, and the reference substance
are listed below:
Hazard Endpoint
Flammability
Acute toxicity
Skin irritation/corrosion
Eye irritation/corrosion
Reproductive/Developmental toxicant
Target organ effect
Aquatic ecotoxicity
Soil ecotoxicity
AGPRO
Glufosinate 200
3.1D
6.1E
6.4A
6.8B
6.9A
9.1C
9.2B
9.3C
Reference
Substance
3.1D
6.1E
6.3A
6.4A
6.8B
6.9A
9.1C
9.2B
9.3C
4.11
AGPRO Glufosinate 200 has a lower hazard profile than the reference substance given it
does not trigger a skin irritancy/corrosivity classification.
4.12
The project team is of the view that, taking into account the similarities and differences in
classifications, AGPRO Glufosinate 200 has similar hazardous properties to the reference
substance.
Evaluation against the Criteria for Similar Composition and Similar
Hazardous Properties
4.13
The project team is satisfied that, based on the application submitted by AGPRO NZ Ltd,
and on information available on the reference substance, the analysis in the preceding
paragraphs shows that the criteria for similar composition and similar hazardous
properties under section 28A(2)(a) have been met.
Part II Matters (Non Scientific Considerations)
4.14
No information has arisen during the consideration of this application that has caused the
project team to believe that the substance, with controls in place, could result in significant
effects on:
 the sustainability of native and valued introduced flora and fauna;
 the intrinsic value of ecosystems;
 public health;
 the relationship of Māori and their culture and traditions with their ancestral lands,
water, sites, waahi tapu, valued flora and fauna, and other taonga;
 New Zealand’s international obligations.
5
Life-cycle, Risks and Controls
5.1
The applicant has advised the life-cycle details for AGPRO Glufosinate 200 are as
follows.
Environmental Risk Management Authority Decision: Application HSR06101
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5.2
AGPRO Glufosinate 200 is to be used for the same purpose and in exactly the same way
as the reference substance. The product label will note identical application rates and uses
as the reference product.
5.3
AGPRO Glufosinate 200 will be imported into New Zealand by various transport agents
and be delivered to AGPRO’s factory/warehouse in Auckland.
5.4
AGPRO Glufosinate 200 is repacked and labelled in New Zealand in accordance with the
requirements of the Act and other legislative requirements.
5.5
AGPRO Glufosinate 200 will be shipped to purchasers throughout NZ by road
transport/courier.
5.6
AGPRO Glufosinate 200 is applied a range of grasses, broadleaf weeds and clovers.
Application is generally by farmers themselves, but sometimes by professional
contractors. Application is mainly by knapsack, and less often by boom spray.
5.7
Surplus product is stored onsite by the purchaser for future use.
5.8
Empty container disposal will be detailed on the label. Spray equipment cleaning and
decontamination is also detailed on the label.
5.9
Taking into account the similarities in use between AGPRO Glufosinate 200 and the
reference substance, the project team considers that the risks associated with the use of
AGPRO Glufosinate 200 will be no greater than those of the reference substance.
5.10
The project team notes that there are no other matters (section 6) that would prevent this
application for AGPRO Glufosinate 200 from being approved by rapid assessment.
5.11
The project team therefore considers that, given the similarities in composition, hazard
properties and the risks associated with the life-cycle, the controls prescribed by the
regulations should be applied to AGPRO Glufosinate 200 with the same variations that
were considered applicable to the reference substance.
Additional Controls under Section 77A
5.12
The following controls are applicable to AGPRO Glufosinate 200 under section 77A:
5.13
The Hazardous Substances (Pesticides) (Amendment) Transfer Notice 2006 states that
unless specifically allowed for, no pesticide may be applied onto or into water. As
AGPRO Glufosinate 200 is not approved for such use, the following control is applied to
AGPRO Glufosinate 200:
AGPRO Glufosinate 200 is not to be applied onto or into water.
5.14
The Agency notes that, as a means of managing the risks from AGPRO Glufosinate 200,
additional controls relating to stationary container systems, secondary containment and
unintended ignition of flammable substances are necessary. These provisions are currently
provided in Schedule 8, 9 and 10 of the Hazardous Substances (Dangerous Goods and
Scheduled Toxic Substances) Transfer Notice 2004 (New Zealand Gazette of 26 March
2004, No. 35, as amended by No. 128, 1 October 2004, No. 208, 16 December 2005, No.
70, 27 June 2006 and No. 76, 30 June 2006).
Environmental Risk Management Authority Decision: Application HSR06101
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5.15
The controls relating to stationary container systems, as set out in Schedules 8, 9 and 10
of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)
Transfer Notice 2004 (Supplement to the New Zealand Gazette, 26 March 2004, No. 35,
page 767), as amended, are proposed for this substance, notwithstanding clause 1(1) of of
Schedules 8 and 9 and clause 1 of Schedule 10.
5.16
Control code EM12 relates to level 3 emergency management requirements. The project
team considers that as a means of managing the risks from AGPRO Glufosinate 200, the
following sub-clauses are necessary. It is noted that these sub-clauses have been applied to
the reference substance by Gazette Notice (Issue No. 72). The Agency considers that these
controls are relevant to this substance, and notes that no other such controls have been
specified under the HSNO Act. In accordance with section 77A(4)(a) of the HSNO Act, it
is proposed that imposing these additional controls is more effective than any other
specified controls in terms of their effect on the management, use and risks of AGPRO
Glufosinate 200.
The following subclauses are to be added after subclause (3) of regulation 36 of the
Hazardous Substances (Emergency Management) Regulations 2001:
(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.
Variation of Controls under Section 77
5.17
control T8, specifying the requirements for class 6.1 substances that are (lawfully) laid or
applied outdoors for terrestrial vertebrate pest control, has not been listed as the conditions
required for the control to be triggered are not met.
5.18
Control T1 relates to limiting exposure to toxic substances through the setting of
Tolerable Exposure Limits (TELs). ERMA New Zealand is considering a range of issues
to do with TELs, including their setting, measurement and enforcement following the
passage of amendments to the Act in December 2005. The project team notes that TELs
have not been set for the reference substance and consider that no TELs are to be set at
this time for AGPRO Glufosinate 200.
5.19
Control T2 specifies requirements relating to workplace exposure standards (WESs).
Under regulation 29(2) of the Hazardous Substance (Classes 6, 8, and 9 Controls)
Regulations 2001, the Authority adopts as a workplace exposure standard for component
C of this substance, the value which is specified in the document described in “Workplace
Exposure Standards”, published by the Occupational Safety and Health Service,
Department of Labour, January 2002, ISBN 0-477-03660-0. Also available at
www.osh.govt.nz/order/catalogue/pdf/wes2002.pdf.
Environmental Risk Management Authority Decision: Application HSR06101
Page 6 of 28
5.20
Controls T3 and E5 have been combined under section 77(5) as they both relate to
requirements to keep records of the substance’s use.
5.21
Control T3 has been varied for the reference substance and for consistency the project
team considers that this variation is also applicable to AGPRO Glufosinate 200. The
variation is as follows:
Regulation 5(1) is replaced by:
(1) A person in charge of this substance must ensure that a written record is kept of
each application or discharge of the substance if more than 200 mL is applied or
discharged within 24 hours in a place where—
(a) members of the public may lawfully be present; or
(b) the substance is likely to enter air or water and leave the place.
5.22
Control E1 relates to the setting of Environmental Exposure Limits (EELs). As AGPRO
Glufosinate 200 triggers a class 9.1 classification, the regulations require an EEL to be set.
The project team notes that EELs have not been set for the reference substance and
therefore no EELs are set at this time for AGPRO Glufosinate 200 and that default EELs
are deleted under section 77(4)(b).
5.23
Control E2 specifies requirements relating to application rates. As no EELs have been set
for AGPRO Glufosinate 200, no application rates have been set.
5.24
Controls E7 and AH1 both relate to the requirements for approved handlers. The project
team notes that these controls are triggered for the reference substance due to its
ecotoxicity classifications. As such, the project team considers that the approved handler
control should remain for use of AGPRO Glufosinate 200, given that it triggers the same
ecotoxic classifications.
As with the reference substance, requirements for approved handlers are varied for
AGPRO Glufosinate 200 so that the substance must be under the personal control of an
approved handler when the substance is (a) applied in a wide dispersive manner; or
(b) used by a commercial contractor.
5.25
The tracking controls TR1 has been deleted from the reference substance, and for
consistency has been deleted for AGPRO Glufosinate 200.
5.26
Controls T4 and E6 are combined under section 77(5) as they both relate to requirements
for equipment used to handle AGPRO Glufosinate 200.
5.27
Controls T7 and F2 are combined under section 77(5) as they both relate to restriction
placed on the carriage of hazardous substances on passenger service vehicles. It is noted
that T7 takes effect as it is the most stringent.
5.28
Controls P3 and P15 are combined under section 77(5) as they both relate to packaging
requirements for AGPRO Glufosinate 200.
5.29
Controls D2, D4 and D5 are combined under section 77(5) as they both relate to disposal
requirements for AGPRO Glufosinate 200.
Environmental Risk Management Authority Decision: Application HSR06101
Page 7 of 28
5.30
There have also been changes in legislation subsequent to the approval of the reference
substance. These regulatory changes now also apply to the reference substance (section
77(2)(a)).
5.31
The list of controls for AGPRO Glufosinate 200 is detailed in Appendix 1.
6
Environmental User Charges
6.1
Section 96 of the Act provides that the Authority may identify and report to the Minister
where it considers that a reduction in the likely occurrence of adverse effects similar to
that achieved by the controls attached to any substance could be achieved by any
environmental user charge, or a combination of an environmental user charge and
controls.
6.2
The project team considers that the use of controls is the most effective means of
managing the risks throughout the life cycle of AGPRO Glufosinate 200. The imposition
of an environmental user charge instead of, or in combination with controls, is therefore
not required at this time.
7
Decision
7.1
Having considered the composition and hazardous properties for AGPRO Glufosinate
200, I am satisfied that this substance meets the criteria for rapid assessment under section
28A(2)(a) of the Act in that it has a similar composition and similar hazardous properties
to an approved substance.
7.2
In considering AGPRO Glufosinate 200 to be similar to an existing substance approved
under section 29 of the Act, in accordance with clause 36(2)(b) of the Methodology, I
have considered section 28A(2)(a) of the Act and also applied the following criteria in the
Methodology:
 clause 9 – equivalent of sections 5, 6 and 8;
 clause 12 – evaluation of assessment of risks;
 clause 21 – the decision accords with the requirements of the Act and regulations;
 clause 24 – the use of recognised risk identification, assessment, evaluation and
management techniques;
 clause 25 – the evaluation of risks; and
 clause 35 – the costs and benefits of varying the default controls.
7.3
Having regard for the controls that applied to the reference substance, I am satisfied that
the controls imposed will be adequate to manage the adverse effects of AGPRO
Glufosinate 200.
7.4
The application is accordingly approved pursuant to section 28A(2)(a) of the Act with
controls as listed in Appendix 1.
Rob Forlong
Chief Executive, ERMA New Zealand
Environmental Risk Management Authority Decision: Application HSR06101
Page 8 of 28
ERMA New Zealand Approval code:
AGPRO Glufosinate 200
Environmental Risk Management Authority Decision: Application HSR06101
HSR007665
Page 9 of 28
Amendment May 2008
Under section 67A of the Hazardous Substances and New Organisms (HSNO) Act 1996, the
following changes have been applied to this substance.

9.1D classification has been amended to 9.1C

9.2A classification has been amended to 9.2B

Addition of 9.3C classification
The changes in classifications arise from classification changes to the active ingredient in AGPRO
Glufosinate 200. This consequently changed the classifications of the reference substance for
which the classifications of this substance are based.
Rob Forlong
Chief Executive
ERMA New Zealand
Environmental Risk Management Authority Decision: Application HSR06101
Date
Page 10 of 28
Appendix 1: Controls Applying to AGPRO Glufosinate 200
The controls imposed on AGPRO Glufosinate 200 are as follows. The regulations cited should be
referred to for definitions and exemptions. The ERMA New Zealand publication “User Guide to
Control Regulations” provides useful guidance on the controls.
Control Code1 Regulation2
Explanation3
Hazardous Substances (Classes 1 to 5 Control Regulations) Regulations 2001 - Flammable Property
Controls
F6
60-70
Requirements to reduce the likelihood of unintended ignition of
AGPRO Glufosinate 200.
These regulations prescribe controls to reduce the likelihood of
unintended ignition of class 3.1 flammable liquids. Controls are
prescribed with the aim of covering all foreseeable circumstances in
which unintended ignition could take place, and include:
 placing limits on the proportion of flammable vapour to air to
ensure that the proportion of flammable vapour to air will always
be sufficiently outside the flammable range, so that ignition
cannot take place; and
 ensuring that there is insufficient energy available for ignition.
This energy could be in the form of either temperature or ignition
energy (e.g. a spark). Accordingly, the controls provide two
approaches to ensure that there is insufficient energy for ignition:
(1)
(2)
F11
76
keeping the temperature of the substance, or the
temperature of any surface in contact with the
substance, below 80% of the auto-ignition
temperature of the substance, and
keeping sources of ignition below the minimum
ignition energy, either by removal of the ignition
source from any location where flammable
substances are handled, or by protecting the
“general” mass of flammable material from the
ignition source, e.g. by enclosing any ignition
sources in an enclosure that will not allow the
propagation of the flame to the outside; or using
flameproof motors especially designed to prevent
ignition energy escaping.
It should be noted that any person handling any quantity of AGPRO
Glufosinate 200 under any of regulations 63(4), 65, 67 and 69 must be
an approved handler for that substance, i.e. the trigger quantities that
typically activate approved handler requirements do not apply
[Regulation 60(2)].
Segregation of incompatible substances
In order to reduce the likelihood of unintended ignition of flammable
substances, there is a requirement to ensure that AGPRO Glufosinate
200does not come into contact with any incompatible substance or
1
Note: The numbering system used in this column relates to the coding system used in the ERMA New Zealand Controls Matrix. This links the
hazard classification categories to the regulatory controls triggered by each category. It is available from the ERMA New Zealand website
www.ermanz.govt.nz/resources and is also contained in the ERMA New Zealand User Guide to the HSNO Control Regulations.
2
These Regulations form the controls applicable to this substance. Refer to the cited Regulations for the formal specification, and for definitions and
exemptions. The accompanying explanation is intended for guidance only.
3
These explanations are for guidance only. Refer to the cited Regulations for the formal specification, and for definitions and exemptions.
Environmental Risk Management Authority Decision: Application HSR06101
Page 11 of 28
Control Code1
Regulation2
Explanation3
material, e.g. by keeping class 4.2 substances away from air and by
keeping class 4.3 substances away from water. There is also a
requirement that packages of incompatible substances are held
separately. A list of substances and materials considered
incompatible with AGPRO Glufosinate 200 is provided in Table 1 of
Schedule 3 (Classes 1 to 5 Controls Regulations).
Incompatible materials include:

all class 1 substances

all class 2 substances

all class 3.2 substances

all class 4 substances

all class 5 substances
This regulation does not apply to substances that are located on a
vehicle, ship or aircraft if they are segregated in accordance with the
Land Transport Rules, the Maritime Rules or the Civil Aviation Rules
as relevant.
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 -Toxic Property Controls
T1
11-27
Limiting exposure to toxic substances
This control relates to limiting public exposure to toxic substances
through the setting of tolerable exposure limits (TELs). A TEL
represents the maximum allowable concentration of a substance
legally allowable in a particular environmental medium. TEL values
are established by the Authority and are enforceable controls under
the HSNO Act. TELs are derived from potential daily exposure
(PDE) values, which in turn are derived from acceptable daily
exposure (ADE)/reference dose (RfD) values.
An ADE / RfD value must be set for a toxic substance if:
 it is likely to be present in an environmental medium (air, water,
soil or a surface that the substance may be deposited onto) or food
or other matter that might be ingested; and
 it is a substance to which people are likely to be exposed to
during their lifetime; and
 exposure is likely to result in an appreciable toxic effect.
If an ADE/RfD value is set for a substance, a PDE for each exposure
route must also be set for the substance. The PDE is a measure of the
relative likelihood of a person actually being exposed to the substance
through a particular exposure route given daily living patterns.
T2
29, 30
No TELs have been set for AGPRO Glufosinate 200 or its
components at this time.
Controlling exposure in places of work
A workplace exposure standard (WES) is designed to protect persons
in the workplace from the adverse effects of toxic substances. A
WES is an airborne concentration of a substance (expressed as mg
substance/m3 of air or ppm in air), which must not be exceeded in a
workplace and applies to every place of work.
WESs have been adopted and set for Component C in AGPRO
Glufosinate 200.
Environmental Risk Management Authority Decision: Application HSR06101
Page 12 of 28
Control Code1
Regulation2
T3
E5
5(1), 6
5(2), 6
Explanation3
Note: the WES value for component C is listed in “Workplace
Exposure Standards”, published by the Occupational Safety and
Health Service, Department of Labour, January 2002, ISBN 0-47703660-0.
Requirements for keeping records of use
A person using a highly toxic or ecotoxic substance for the purposes
of causing biocidal action must keep written records of each use if the
application is in an area where members of the public may be present,
or where the substance is likely to enter air or water and leave the
place.
Regulation 5(1) is replaced by:
(1) A person in charge of this substance must ensure that a
written record is kept of each application or discharge
of the substance if more than 200 mL is applied or
discharged within 24 hours in a place where—
(a) members of the public may lawfully be present; or
(b) the substance is likely to enter air or water and
leave the place.
T4 & E6
7
T5
8
T7
F2
10
8
The information to be provided in the record is described in
Regulation 6(1). The record must be kept for a minimum of three
years following the use and must be made available to an enforcement
officer on request.
Requirements for equipment used to handle AGPRO Glufosinate
200
Any equipment used to handle toxic or ecotoxic substances (e.g. spray
equipment) must retain and/or dispense the substance in the manner
intended, i.e. without leakage, and must be accompanied by sufficient
information so that this can be achieved.
Requirements for protective clothing and equipment
Protective clothing/equipment must be employed when AGPRO
Glufosinate 200 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.
Restrictions on the carriage of hazardous substances on passenger
service vehicles
In order to limit the potential for public exposure to hazardous
substances, the following requirements are prescribed for the carriage
of AGPRO Glufosinate 200on passenger service vehicles:
The maximum quantity, per package, of AGPRO Glufosinate 200 that
may be carried on a passenger service vehicle is 1 L (as specified in
Schedule 2 of the Classes 6, 8 and 9 Control Regulations).
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 - Ecotoxic Property Controls
E1
32-45
Limiting exposure to ecotoxic substances
Environmental Risk Management Authority Decision: Application HSR06101
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Control Code1
E2
Regulation2
46-48
Explanation3
This control relates to the setting of environmental exposure limits
(EELs). An EEL establishes the maximum concentration of an
ecotoxic substance legally allowable in a particular (non target)
environmental medium (e.g. soil or sediment or water), including
deposition of a substance onto surfaces (e.g. as in spray drift
deposition).
An EEL can be established by one of three means:
 applying the default EELs specified;
 adopting an established EEL;
 calculating an EEL from an assessment of available
ecotoxicological data.
No EELs are set for AGPRO Glufosinate 200 or its components at
this time and the requirement to set default EELs has been
deleted.
Restrictions on use within application area
These Regulations relate to controls on application areas. An
application (target) area is an area that the person using the substance
either has control over or is otherwise authorised to apply the
substance to. For ecotoxic substances that are intentionally released
into the environment (e.g. pesticides), any EEL controls will not apply
within the application (target) area providing the substance is applied
at a rate that does not exceed the allowed application rate. In
addition, any approved handler controls (T6, Regulation 9) do not
apply once the substance has been applied or laid.
In recognition of the need to limit adverse effects within the target
area, Regulations have been prescribed to restrict the use of the
substance within the target area. These include a requirement to set
an application rate for any substance designed for biocidal action for
which an EEL has been set. The application rate must not be greater
than the application rate specified in the application for approval, or
not greater than a rate calculated in a similar manner to that used to
calculate EELs (with the proviso that the product of the uncertainty
factors must not exceed 100).
E7
9
No application rate has been set for AGPRO Glufosinate 200 at
this time.
Approved handler requirements
Regulation 9(1) is replaced by:
(1) This hazardous substance must be under the personal control
of an approved handler when the substance is—
(a)
applied in a wide dispersive manner; or
(b)
used by a commercial contractor
However, AGPRO Glufosinate 200 may be handled by a person who
is not an approved handler if:
 an approved handler is present at the facility where the substance
is being handled; and
 the approved handler has provided guidance to the person in
respect of handling; and
 the approved handler is available at all times to provide assistance
if necessary.
With the exception of certain life-cycle stages (formulation,
Environmental Risk Management Authority Decision: Application HSR06101
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Control Code1
Regulation2
Explanation3
manufacture or application), the approved handler requirement does
not apply if the substance is contained in sealed packaging.
Hazardous Substances (Identification) Regulations 2001
The Identification Regulations prescribe requirements with regard to
identification of AGPRO Glufosinate 200 in terms of:
 information that must be “immediately available” with the
substance (priority and secondary identifiers). This information is
generally provided by way of the product label;
 documentation that must be available in the workplace, generally
provided by way of SDS;
 signage at a place where there is a large quantity of the substance.
I1
6, 7, 32-35, 36
General identification requirements
(1)-(7)
These controls relate to the duties of suppliers and persons in charge
of AGPRO Glufosinate 200 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 AGPRO Glufosinate 200 must ensure it is labelled with
all relevant priority identifier information (as required by Regulations
8-17) and secondary identifier information (as required by
Regulations 18-30) before supplying it to any other person. This
includes ensuring that the priority identifier information is available to
any person handling the substance within two seconds (Regulation
32), and the secondary identifier information available within 10
seconds (Regulation 33).
Suppliers must also ensure that no information is supplied with the
substance (or its packaging) that suggests it belongs to a class or
subclass that it does not in fact belong to.
Regulation 7 – Identification duties of persons in charge
Persons in charge of AGPRO Glufosinate 200 must ensure it is
labelled with all relevant priority identifier information (as required
by Regulations 8 to 17) and secondary identifier information (as
required by Regulations 18 to 30) before supplying it to any other
person. This includes ensuring that the priority identifier information
is available to any person handling the substance within two seconds
(Regulation 32), and the secondary identifier information is available
within 10 seconds (Regulation 33).
Persons in charge must also ensure that no information is supplied
with the substance (or its packaging) that suggests it belongs to a class
or subclass that it does not in fact belong to.
Regulations 32 and 33 – Accessibility of information
All priority identifier Information (as required by Regulations 8 to 17)
must be available within two seconds, e.g. on the label
All secondary identifier Information (as required by Regulations 18 to
30) must be available within 10 seconds, e.g. on the label.
Regulations 34, 35, 36(1)-(7) – Comprehensibility, Clarity and
Durability of information
All required priority and secondary identifiers must be presented in a
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Control Code1
Regulation2
I3
9
I5
I8
I9
11
14
18
Explanation3
way that meets the performance standards in these Regulations. In
summary:
 any information provided (either written or oral) must be readily
understandable and in English;
 any information provided in written or pictorial form must be able
to be easily read or perceived by a person with average eyesight
under normal lighting conditions;
 any information provided in an audible form must be able to be
easily heard by a person with average hearing;
 any information provided must be in a durable format i.e. the
information requirements with respect to clarity must be able to
be met throughout the lifetime of the (packaged) substance under
the normal conditions of storage, handling and use.
Priority identifiers for ecotoxic substances
This requirement specifies that AGPRO Glufosinate 200 must be
prominently identified as being ecotoxic.
This information must be available to any person handling the
substance within two seconds (Regulation 32) and can be provided by
way of signal headings or commonly understood pictograms on the
label.
Priority identifiers for flammable substances
This requirement specifies that AGPRO Glufosinate 200 must be
prominently identified as being flammable. In addition, the following
information must be provided:
 an indication of whether the substance is a gas, aerosol, liquid or
solid;
 if a flammable liquid, information must be provided on its general
degree of hazard (e.g. highly flammable);
 if a flammable solid, information must be provided on its general
type of hazard (e.g. dangerous when wet).
This information must be available to any person handling the
substance within two seconds (Regulation 32) and can be provided by
way of signal headings or commonly understood pictograms on the
label.
Priority identifiers for certain toxic substances
This requirement specifies that AGPRO Glufosinate 200 (other than if
it is NOT intended to be sold to the general public) must be
prominently identified as being toxic. In addition, information must
be provided on the general degree and type of hazard of the substance
and the need to restrict access to the substance by children.
This information must be available to any person handling the
substance within two seconds (Regulation 32) and can be provided by
way of signal headings or commonly understood pictograms on the
label.
Secondary identifiers for all hazardous substances
This control relates to detail required for AGPRO Glufosinate 200 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;
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Control Code1
Regulation2
I11
20
I13
Regulation 22
I16
25
I17
26
Explanation3
and
 enough information to enable its New Zealand importer, supplier,
or manufacturer to be contacted, either in person or by telephone;
and
 in the case of a substance which, when in a closed container, is
likely to become more hazardous over time or develop additional
hazardous properties, or become a hazardous substance of a
different class or subclass, a description of each likely change and
the date by which it is likely to occur.
Secondary identifiers for ecotoxic substances
This control relates to the additional label detail required for AGPRO
Glufosinate 200. This information must be accessible within 10
seconds (Regulation 33) and could be provided on secondary panels
on the product label. The following information must be provided:
 an indication of the circumstances in which it may harm living
organisms;
 an indication of the kind and extent of the harm it is likely to
cause to living organisms;
 an indication of the steps to be taken to prevent harm to living
organisms;
 an indication of its general type of hazard (e.g. ecotoxic tin the
soil environment).
Secondary identifiers for flammable substances
This control relates to the additional label detail required for AGPRO
Glufosinate 200. This information must be accessible within 10
seconds (Regulation 33) and could be provided on secondary panels
on the product label. The following information must be provided:
 an indication of its general type and degree of flammable hazard
(e.g. flammable liquid);
 an indication of the circumstances in which it may be ignited
unintentionally;
 an indication of the likely effect of an unintentional ignition;
 an indication of the steps to be taken to prevent an unintentional
ignition.
Secondary identifiers for toxic substances
This control relates to the additional label detail required for AGPRO
Glufosinate 200. This information must be accessible within 10
seconds (Regulation 33) and could be provided on secondary panels
on the product label. The following information must be provided:
 an indication of its general type and degree of toxic hazard (eg
eye 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 Glufosinate-ammonium
Use of Generic Names
This control provides the option of using a generic name to identify
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).
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Control Code1
Regulation2
Explanation3
A generic name may also be used to identify a specific ingredient
required by Regulation 25(f) to be identified, if section 55 or section
57 of the Act applies (withholding information on confidentiality
grounds).
The generic name must identify the key chemical entities and
functional groups in the ingredients that contribute to their hazardous
properties.
I18
I19
27
29-31
[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 the substance to
be classified as either 6.1A, 6.1B, 6.1C, 6.1D, 6.5, 6.6, 6.7, 6.8, 6.9,
8.2 or 8.3, ie Glufosinate-ammonium].
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 the substance to
be classified as either 6.1A, 6.1B, 6.1C, 6.1D, 6.5, 6.6, 6.7, 6.8, 6.9,
8.2 or 8.3, ie Glufosinate-ammonium].
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 AGPRO Glufosinate 200 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. When AGPRO Glufosinate 200 is
contained, there is an additional requirement that information must be
provided describing any steps to be taken to prevent an unintentional
explosion, ignition combustion, acceleration of fire or thermal
decomposition.
Regulation 29(2) specifies that for bulk transport containers, it is
sufficient compliance if the substance is labelled or marked in
compliance with the requirements of the Land Transport Rule 45001,
Civil Aviation Act 1990 or Maritime Transport Act 1994.
Regulation 30 – Substances in multiple packaging
This Regulation relates to situations when AGPRO Glufosinate 200 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
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Control Code1
I21
Regulation2
37-39, 47-50
Explanation3
Safety Act 1994 as relevant; or
 in the case of an ecotoxic substance, it must bear the EU
pictogram “Dangerous to the Environment” (‘dead fish and tree’
on orange background); or
 bear the relevant class or subclass label assigned by the UN
Model Regulations.
Regulation 31 – Alternative information when substances are
imported
This Regulation relates to alternative information requirements for
AGPRO Glufosinate 200 that is imported into New Zealand in a
closed package or in a freight container and will be transported to its
destination without being removed from that package or container. In
these situations, it is sufficient compliance with HSNO if the package
or container is labelled or marked in compliance with the
requirements of the Land Transport Rule 45001.
Documentation required in places of work
These controls relate to the duties of suppliers and persons in charge
of places of work with respect to provision of documentation
(essentially Safety Data Sheets) (Regulations 37, 38 and 50); the
general content requirements of the documentation (Regulation 39
and 47); the accessibility and presentation of the required
documentation with respect to comprehensibility and clarity
(Regulation 48).
These controls are triggered when s AGPRO Glufosinate 200 is held
in the workplace in quantities equal to or greater than 0.1 L, as
specified in Schedule 2 of the Identification Regulations.
Regulation 37 – Documentation duties of suppliers
A supplier must provide documentation containing all relevant
information required by Regulations 39 to 48 when selling or
supplying to another person a quantity of AGPRO Glufosinate 200
equal to or greater than 0.1 L, as specified in Schedule 2 of the
Identification Regulations.
Regulation 38 – Documentation duties of persons in charge of places
of work
The person in charge of any place of work where hazardous
substances are present in quantities equal to or greater than those
specified in Regulation 38 (and with reference to Schedule 2 of the
Identification Regulations), must ensure that every person handling
the substance has access to the documentation required for each
hazardous substance concerned. The person in charge must also
ensure that the documentation does not contain any information that
suggests that the substance belongs to a class or subclass it does not in
fact belong to.
Regulation 39 – General content requirements for documentation
The documentation provided with AGPRO Glufosinate 200 must
include the following information:
 the unequivocal identity of the substance (e.g. the CAS number,
chemical name, common name, UN number, registered trade
name(s));
 a description of the physical state, colour and odour of the
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Control Code1
Regulation2
Explanation3
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 Glufosinate-
ammonium.
Regulation 47 – Information not included in approval
This Regulation relates to the provision of specific documentation
information (e.g. as provided on an SDS). If information required by
Regulations 39 to 46 was not included in the information used for the
approval of the substance by the Authority, it is sufficient compliance
with those Regulations if reference is made to that information
requirement along with a comment indicating that such information is
not applicable to that substance.
Regulation 48 – Location and presentation requirements for
documentation
All required documentation must be available to a person handling the
substance in a place of work within 10 minutes. The documentation
must be readily understandable by any fully-trained worker required
to have access to it and must be easily read, under normal lighting
conditions, at a distance of not less than 0.3m.
Regulation 49 – Documentation requirements for vehicles
This Regulation provides for the option of complying with
documentation requirements as specified in the various Land, Sea and
Air transport rules when the substance is being transported.
I23
41
Regulation 50 – Documentation to be supplied on request
Notwithstanding Regulation 37 above, a supplier must provide the
required documentation to any person in charge of a place of work
(where a hazardous substance is present) if asked to do so by that
person.
Specific documentation requirements for ecotoxic substances
The documentation provided with AGPRO Glufosinate 200 must
include the following information:
 its general degree and type of ecotoxic hazard (e.g. highly
ecotoxic in the soil environment);
 a full description of the circumstances in which it may harm
living organisms and the extent of that harm;
 a full description of the steps to be taken to prevent harm to living
organisms;
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Control Code1
Regulation2
I25
43
I28
46
I29
51-52
Explanation3
 a summary of the available acute and chronic (ecotox) data used
to define the (ecotox) subclass or subclasses in which it is
classified;
 its bio-concentration factor or octanol-water partition coefficient;
 its expected soil or water degradation rate;
 any EELs set by the Authority.
Specific documentation requirements for flammable substances
The documentation provided with AGPRO Glufosinate 200 must
include the following information:
 its general degree and type of hazard;
 a full description of the circumstances in which it may be ignited
unintentionally;
 the likely effect of an unintentional ignition;
 a full description of the steps to be taken to prevent an
unintentional ignition;
 its lower and upper explosive limits, expressed as volume
percentages in air or its flash point (and flash point methodology)
and auto-ignition temperature;
Specific documentation requirements for toxic substances
The documentation provided with AGPRO Glufosinate 200 must
include the following information:
 its general degree and type of toxic hazard;
 a full description of the circumstances in which it may harm
human beings;
 the kinds of harm it may cause to human beings;
 a full description of the steps to be taken to prevent harm to
human beings;
 the percentage of volatile substance in the liquid formulation, and
the temperature at which the percentages were measured;
 a summary of the available acute and chronic (toxicity) data used
to define the (toxic) subclass or subclasses in which it is
classified;
 the symptoms or signs of injury or ill health associated with each
likely route of exposure;
 the dose, concentration, or conditions of exposure likely to cause
injury or ill health;
 any TELs or WESs set by the Authority.
Duties of persons in charge of places with respect to signage
These controls specify the requirements for signage, in terms of
content, presentation and positioning at places where hazardous
substances are held in quantities exceeding the amounts specified in
Schedule 3 of the Identification Regulations.
For AGPRO Glufosinate 200 this requirement is triggered when held
in quantities exceeding 100 L. Note that the trigger quantity listed
does not take into account aggregate quantities.
Signs are required:
 at every entrance to the building and/or location (vehicular and
pedestrian) where hazardous substances are present
 at each entrance to rooms or compartments where hazardous
substances are present;
 immediately adjacent to the area where hazardous substances are
located in an outdoor area.
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Control Code1
Regulation2
Explanation3
The information provided in the signage needs to be understandable
over a distance of 10 metres and be sufficient to:
 advise that the location contains hazardous substances;
 describe the general type of hazard of each substance (e.g.
flammable);
 where the signage is immediately adjacent to the hazardous
substance storage areas, describe the precautions needed to safely
manage the substance (e.g. a 'No Smoking' warning near
flammable substances).
I30
53
Advertising corrosive and toxic substances
Any advertisement for AGPRO Glufosinate 200 (other than if it is not
intended to be sold to members of the public) must include
information that identifies the substance is toxic and indicates the
need to restrict access by children. In addition, it must specify the
general degree and type of hazard.
Hazardous Substances (Packaging) Regulations 2001
P1
5, 6, 7 (1), 8
General packaging requirements
These controls relate to the ability of the packaging to retain its
contents, allowable packaging markings with respect to design
approvals, factors affecting choice of suitable packaging, and
compatibility of the substance with any previous contents of the
packaging.
Regulation 5 – Ability to retain contents
Packaging for AGPRO Glufosinate 200 must ensure that, when the
package is closed, there is no visible release of the substance, and that
it maintains its ability to retain its contents in temperatures from –
10oC to +50oC. The packaging must also maintain its ability to retain
its remaining contents if part of the contents is removed from the
package and the packaging is then re-closed. The packaging in direct
contact with the substance must not be significantly affected or
weakened by contact with the substance such that the foregoing
requirements cannot be met.
Regulation 6 – Packaging markings
Packages containing AGPRO Glufosinate 200 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 AGPRO Glufosinate 200, 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
AGPRO Glufosinate 200 must not be packed in packaging that has
been previously packed with substances with which it is incompatible
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Control Code1
Regulation2
Explanation3
unless all traces of the previous substance have been removed.
Regulation 9A and 9B – Large Packaging
Large packaging may be used to contain AGPRO Glufosinate 200 in
New Zealand if it has been constructed, marked and tested as a large
package as provided in Chapter 6.6 of the 13th revised edition of the
UNRTDG, 2003.
P3
P13
9
19
PG3
Schedule 3
PS4
Schedule 4
“Large Packaging” does not include:
 a tank, tank wagon or transportable container (as defined in the
Hazardous Substances (Tank Wagons and Transportable
Containers) Regulations 2004; or
 a stationary container system, a stationary tank or a tank (as
defined in the Hazardous substances (Dangerous Goods and
Scheduled Toxic Substances) Transfer Notice 2004.
Packaging requirements for toxic substances
AGPRO Glufosinate 200 packaged in quantities over 1 L must be
packaged according to Schedule 3 (UN PGIII), but must be packaged
according to either Schedule 3 or Schedule 4 when in quantities equal
to or less than 1 L.
AGPRO Glufosinate 200 that is offered for sale in a package of less
than 2.5L must be in child resistant packaging (i.e. toxic substances
liable to be in homes). However, if the substance is for use in a place
of work to which children do not have access, this requirement is not
mandatory.
This schedule describes the (minimum) packaging requirements that
must be complied with for this substance when packaged in quantities
of more than l L. The tests in Schedule 3 correlate to the packaging
requirements of UN Packing Group III (UN PGIII).
This schedule describes the minimum packaging requirements that
must be complied with for this substance when packaged in quantities
equal to or less than l L.
Hazardous Substances (Disposal) Regulations 2001
D2
6
Disposal requirements for AGPRO Glufosinate 200.
D4
8
AGPRO Glufosinate 200 must be disposed of by:
D5
9
 treating the substance so that it is no longer a hazardous
substance.
 exporting the substance from New Zealand as a hazardous waste
 treatment can include controlled burning providing the
performance requirements as set out in regulation 6 (3)(b) of the
Disposal Regulations for protecting people and the environment
are met, and the burning operation does not exceed any TELs or
EELs
 treatment includes discharge into the environment as waste, or
depositing in a landfill, provided the discharge location is
managed so that
 the substance will not at any time come into contact with any
substances with explosive or oxidising properties, and
 there is no ignition source in the vicinity of the disposal site, and
 in the event of an accidental fire, harm to people or the
environment does not occur – the performance requirements for
this are set out in regulation 6 (3)(b) of the Disposal Regulations,
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Control Code1
Regulation2
D6
10
D7
11, 12
D8
13, 14
Explanation3
and
 after reasonable mixing, the concentration of the substance in any
part of the environment outside the mixing zone does not exceed
any TELs or EELs set by the Authority for that substance
However, this does not include dilution of the substance with any
other substance prior to discharge to the environment
Disposal requirements for packages
This control gives the disposal requirements for packages that
contained AGPRO Glufosinate 200and are no longer to be used for
that purpose. Such packages must be either decontaminated/treated or
rendered incapable of containing any substance (hazardous or
otherwise) and then disposed of in a manner that is consistent with the
disposal requirements for the substance. In addition, the manner of
disposal must take into account the material that the package is
manufactured from.
Disposal information requirements
These controls relate to the provision of information concerning
disposal (essentially on the label) that must be provided when selling
or supplying any quantity of AGPRO Glufosinate 200, refer
Schedule 1 of the Disposal Regulations.
Information must be provided on appropriate methods of disposal and
information may be supplied warning of methods of disposal that
should be avoided, ie that would not comply with the Disposal
Regulations. Such information must be accessible to a person
handling the substance within 10 seconds and must comply with the
requirements for comprehensibility, clarity and durability as described
in Regulations 34-36 of the Identification Regulations (code I1).
Disposal documentation requirements
These controls relate to the provision of documentation concerning
disposal (essentially in an SDS) that must be provided when selling or
supplying a quantity of AGPRO Glufosinate 200 that exceeds 0.1 L,
as specified in Schedule 2 of the Disposal Regulations.
The documentation must describe one or more methods of disposal
(that comply with the Disposal Regulations) and describe any
precautions that must be taken. Such documentation must be
accessible to a person handling the substance at a place of work
within 10 minutes and must comply with the requirements for
comprehensibility and clarity as described in Regulations 48(2), (3)
and (4) of the Identification Regulations (code I21).
Hazardous Substances (Emergency Management) Regulations 2001
EM1
6, 7, 9-11
Level 1 emergency management information: General
requirements
These controls relate to the provision of emergency management
information (essentially on the label) that must be provided with
AGPRO Glufosinate 200 when present in quantities equal to or
greater than 0.1 L, as listed in Schedule 1 of the Emergency
Management Regulations.
Regulation 6 describes the duties of suppliers, Regulation 7 describes
the duties of persons in charge of places, Regulation 9 describes the
requirement for the availability of the information (10 seconds) and
Regulation 10 gives the requirements relating to the presentation of
the information with respect to comprehensibility, clarity and
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Control Code1
Regulation2
EM6
8(e)
EM7
8(f)
EM8
12-16, 18-20
Explanation3
durability. These requirements correspond with those relating to
secondary identifiers required by the Identification Regulations (code
I1, Regulations 6, 7, 32–35, 36(1)-(7)).
Regulation 11 provides for the option of complying with the
information requirements of the transport rules when the substance is
being transported.
Information requirements for toxic substances
The following information must be provided when AGPRO
Glufosinate 200 is present in quantities equal to or greater than 0.1 L,
as listed in Schedule 1 of the Emergency Management Regulations:
 a description of the first aid to be given;
 a 24-hour emergency service telephone number.
Information requirements for ecotoxic substances
The following information must be provided with AGPRO
Glufosinate 200 when present in quantities equal to or greater than
0.1 L, as listed in Schedule 1 of the Emergency Management
Regulations.:
 a description of the parts of the environment likely to be
immediately affected by it;
 a description of its typical effects on those parts of the
environment;
 a statement of any immediate actions that may be taken to prevent
the substance from entering or affecting those parts of the
environment.
Level 2 emergency management documentation requirements
These controls relate to the duties of suppliers and persons in charge
of places of work with respect to the provision of emergency
management documentation (essentially Safety Data Sheets). This
documentation must be provided where AGPRO Glufosinate 200 is
sold or supplied, or held in a workplace, in quantities equal to or
greater than 0.1 L, as specified in Schedule 2 of the Emergency
Management Regulations.
Regulations 12 and 13 describe the duties of suppliers, regulation 14
describes the duties of persons in charge of places of work, regulation
15 provides for the option of complying with documentation
requirements of the transport rules when the substance is being
transported, and regulation 16 specifies requirements for general
contents of the documentation.
EM9
17
EM10
21-24
Regulation 18 prescribes location and presentation requirements for
the documentation, i.e. it must be available within 10 minutes, be
readily understandable, comprehensible and clear. These
requirements correspond with those relating to documentation
required by the Identification regulations (code I21).
Specific documentation requirements for flammable substances
There is an additional requirement for AGPRO Glufosinate 200 that a
description be provided of the steps to be taken to control any fire
involving the substance, including the types of extinguishant to be
used.
Fire extinguishers
Every place (including vehicles) where explosive, flammable or
oxidising substances are held in a place of work in quantities
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Control Code1
Regulation2
Explanation3
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 fire-fighting capacity to stop a fire spreading and
reaching hazardous substances, rather than providing sufficient
capacity to extinguish any possible fire involving large quantities of
hazardous substances.
When AGPRO Glufosinate 200 is held in quantities greater than
500 L, two fire extinguishers must be provided. Note the quantity
and number of extinguishers specified does not take into account
aggregate quantities.
EM11
25-34
Each fire extinguisher must be located within 30m of the substance,
or, in a transportation situation, in or on the vehicle (Regulation 22).
The performance measure for an extinguisher is that it must be
capable of extinguishing a fully ignited pool of flammable liquid
(50mm deep and at least 6m2 in area), before the extinguisher is
exhausted, and when used by one person (Regulation 23).
Level 3 emergency management requirements – emergency
response plans
These Regulations relate to the requirement for an emergency
response plan to be available at any place (excluding aircraft or ships)
where hazardous substances are held (or reasonably likely to be held
on occasion) in quantities greater than those specified in Schedule 4
of the Emergency Management Regulations.
For AGPRO Glufosinate 200 this requirement is triggered when sold
or supplied, or held in a workplace, in quantities equal to or greater
than 1000 L. Note: this trigger quantity is solely for AGPRO
Glufosinate 200 and does not take into account aggregate quantity
requirements.
EM12
35-41
The emergency response plan must describe all of the likely
emergencies that may arise from the breach or failure of controls.
The type of information that is required to be included in the plan is
specified in Regulations 29 to 30. Requirements relating to the
availability of equipment, materials and people are provided in
Regulation 31, requirements regarding the availability of the plan are
provided in Regulation 32 and requirements for testing the plan are
described in Regulation 33.
Level 3 emergency management requirements – secondary
containment
These Regulations relate to the requirement for a secondary
containment system to be installed at any fixed location where liquid
(or liquefiable) hazardous substances are held in quantities equal to or
greater than those specified in Schedule 4 of the Emergency
Management Regulations. Where a substance triggers more than one
hazard classification, the most stringent quantity generally applies.
For AGPRO Glufosinate 200 this requirement is triggered when held
in quantities equal to or greater than 1000 L. Note: this trigger
quantity is solely for AGPRO Glufosinate 200 and does not take into
account aggregate quantity requirements.
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Control Code1
Regulation2
Explanation3
Regulation 36 prescribes requirements for secondary containment
systems for pooling substances.
The following subclauses are to be added after subclause (3) of
regulation 36 of the Hazardous Substances (Emergency Management)
Regulations 2001:
(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.
Note: refer section 77A additional controls
EM13
42
Regulation 37 prescribes requirements for places where hazardous
substances are held above ground in containers each holding up to
60 L or less. Regulation 38 prescribes requirements for places where
hazardous substances are held above ground in containers each
holding between 60 L and 450 L. Regulation 39 prescribes
requirements for places where hazardous substances are held above
ground in containers each holding more than 450 L. Regulation 40
prescribes requirements for places where hazardous substances are
held underground. Regulation 41 prescribes requirements for
secondary containment systems that contain substances of specific
hazard classifications, e.g. there is a requirement to prevent
substances from coming into contact with incompatible materials, and
a requirement to exclude energy sources when class 1, 2, 3, 4 or 5
substances are contained).
Level 3 emergency management requirements – signage
This control relates to the provision of emergency management
information on signage at places where hazardous substances are held
at quantities equal to or greater than the quantities specified in
Schedule 5 of the Emergency Management Regulations. Where a
substance triggers more than one hazard classification, the most
stringent quantity generally applies.
For AGPRO Glufosinate 200 this requirement is triggered when held
in quantities equal to or greater than 100 L. Note: this trigger
quantity is solely for AGPRO Glufosinate 200 and does not take into
account aggregate quantity requirements.
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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Control Code1 Regulation2
Explanation3
Hazardous Substances (Personnel Qualification) Regulations 2001
AH1
4-6
Approved Handler requirements
AGPRO Glufosinate 200 is required to be under the control of an
approved handler when applied in a wide dispersive manner or used
by a commercial contractor.
An approved handler is a person who holds a current test certificate
certifying that they have met the competency requirements specified
by the Personnel Qualification Regulations in relation to handling
specific hazardous substances.
Regulation 4 describes the test certification requirements, regulation 5
describes the qualification (competency and skill) requirements and
regulation 6 describes situations where transitional qualifications for
approved handlers apply.
Refer control E7
Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004
Regulations 4 to 43 where
The Hazardous Substances (Tank Wagons and Transportable
applicable
Containers) Regulations 2004 prescribe a number of controls relating
to tank wagons and transportable containers and must be complied
with as relevant.
Additional Controls imposed under section 77A
AGPRO Glufosinate 200 is not to be applied onto or into water
Addition of subclauses after subclause (3) of regulation 36 of the Hazardous Substances (Emergency
Management) Regulations 2001.
Note: refer control EM12
Flammable
Schedules 8, 9
The controls relating to stationary container systems, as set out in
Liquids
and 10 DGTN
Schedules 8, 9 and 10 of the Hazardous Substances (Dangerous
March 2004
Goods and Scheduled Toxic Substances) Transfer Notice 2004
(Supplement to the New Zealand Gazette, 26 March 2004, No. 35,
page 767), as amended, are proposed for this substance,
notwithstanding clause 1(1) of of Schedules 8 and 9 and clause 1 of
Schedule 10
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