ENVIRONMENTAL RISK MANAGEMENT AUTHORITY
DECISION
1 August 2006
Application Code
HRC05001
Application Type
To reassess any hazardous substance under the Hazardous
Substances and New Organisms Act 1996
Applicant
The Chief Executive, ERMA New Zealand
Date Application Received
24 March 2006
Submission Period
28 March 2006 -12 May 2006
Hearing
22 June 2006
Consideration
23 June 2006
Considered by
A Committee of the Authority
Purpose of the Application
To reassess soluble concentrates containing hydrogen
cyanamide (520-540 g/litre)
1
Summary of Decision
1.1
Following consideration of the application for reassessment, the importation or
manufacture of soluble concentrates containing hydrogen cyanamide (520-540 g/litre) is
approved with controls in accordance with the relevant provisions of the Hazardous
Substances and New Organisms Act 1996 (the Act), the HSNO Regulations, and the
HSNO (Methodology) Order 1998 (the Methodology).
1.2
The substance has been given the following unique identifier for the ERMA New
Zealand Hazardous Substances Register:
soluble concentrates containing hydrogen cyanamide (520-540 g/litre)
1.3
This reassessment covers all substances fitting the definition including the trade name
products: Hi-Cane (Nufarm Ltd); Breaker (Nufarm Ltd); Gro-Chem HC50 (Gro-Chem
NZ Ltd), Hortcare Hi-break (Grosafe Chemicals Ltd); Cyan (Gro-Chem NZ Ltd);
TreeStarT (Island Agriculture Ltd). The proprietors of these products are referred to as
“registrants” in this decision as the trade name products must be registered under the
Agricultural Compounds and Veterinary Medicines Act 1997 before they can be used in
New Zealand.
1.4
The substance is referred to as “hydrogen cyanamide” in this decision.
2
Legislative Criteria for Application
2.1
The application was lodged by the Chief Executive pursuant to section 63 of the Act
following grounds for reassessment having been established under section 62 of the Act
by the Authority in its decision dated 6 August 2004. This reassessment decision was
determined in accordance with section 29, taking into account additional matters to be
considered in that section and matters relevant to the purpose of the Act, as specified
under Part II of the 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 24 March 2006.
3.2
In accordance with sections 53(1) and 53A, and clauses 2(2)(b) and 7, public
notification was made on 28 March 2006 (on ERMA New Zealand’s web site) and the
application was advertised in the four main newspapers (New Zealand Herald,
Dominion Post, Christchurch Press and Otago Daily Times) on 8 April 2006.
3.3
Submissions closed on 12 May 2006, 30 working days after public notification.
3.4
Various government departments (including the New Zealand Food Safety Authority
(Agricultural Compounds & Veterinary Medicines Group), the Ministry of Health and
the Department of Labour (Work Place Group)), Crown Entities and other interested
parties, which in the opinion of the Authority would be likely to have an interest in the
application, were notified of the receipt of the application (sections 53(4) and 58(1)(c),
and clauses 2(2)(e) and 5) and provided with an opportunity to comment or make a
public submission on the application.
3.5
In response the Agency received:



3.6
further information from the registrant of a hydrogen cyanamide product;
comments from the Ministry of Health, the New Zealand Food Safety Authority, and
MAF Policy; and
899 other submissions.
The 899 submissions comprised:


24 substantive submissions; and
875 pro-forma submissions made by individuals in support of the submission made
by NZ Kiwifruit Growers Inc.
3.7
No external experts were used to review the information contained in the application
(clause 17).
3.8
A public hearing was held in Mount Maunganui on 22 June 2006.
ERMA New Zealand Decision: Application HRC05001
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3.9
A Committee appointed under paragraph 43 of Schedule 1 to the Act (and acting under
a delegation made under section 19(2)(b)) comprising Mr Tony Haggerty (Chairperson),
Professor George Clark, Dr Max Suckling and Ms Bella Tuau, heard and considered the
application.
3.10
The information available to the Committee comprised:
 the application, including confidential appendices;
 the submissions;
 the Agency’s Summary of Submissions and Supplementary Report;
 information presented at the hearing.
4
Consideration
Purpose of the Application
4.1
The purpose of the application was to reassess the importation and manufacture of
soluble concentrates containing hydrogen cyanamide (520-540 g/litre).
Sequence of the Consideration
4.2
In accordance with clause 24, the approach adopted by the Committee was to:
 establish the hazard classification for hydrogen cyanamide and derive the default
controls.

identify potentially non-negligible risks, costs, and benefits.

assess potentially non-negligible risks, costs, and benefits in the context of the
default controls and possible variations to those controls. Risks were assessed in
accordance with clause 12, and costs and benefits in accordance with clause 13.

consider and determine variations to the default controls arising from the
circumstances provided for in sections 77A and 77(3), (4) and (5) and then
consolidate controls.

evaluate overall risks, costs, and benefits (adverse and beneficial effects) to reach a
decision. The combined impact of risks, costs and benefits was evaluated in
accordance with clause 34, and the cost-effectiveness of the application of controls
was considered in accordance with clause 35. The Authority’s approach to risk was
considered in accordance with clause 33.
ERMA New Zealand Decision: Application HRC05001
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Hazard Classification
4.3
In the application, the applicant reviewed the available data on the hazardous properties
of the substance and classified it accordingly. The applicant’s classifications and the
classifications that were applied to the substance when it was transferred to the HSNO
regime are as follows:
Acute toxicity (oral)
Acute toxicity (dermal)
Acute toxicity (inhalation)
Skin Irritancy
Eye Irritancy
Contact Sensitisation
Human reproductive or developmental
Toxicity
Human Target organ toxicity
Aquatic Toxicity
Terrestrial Vertebrate Ecotoxicity
Terrestrial Invertebrate Ecotoxicity
4.4
Classification as
Transferred
6.1C
6.1D
6.1D
6.3A
6.4A
6.5B
6.8B
Applicant’s
Classification
6.1C
6.1D
6.1D
6.3A
6.4A
6.5B
6.8B
6.9B (harmful)
9.1D (slightly harmful)
9.3B
-
6.9A (toxic)
9.1D (slightly harmful)
9.3B
9.4C (harmful)
The Committee agrees with the revised classifications determined by the applicant and
classifies the substance accordingly.
Default Controls
4.5
Based on the hazard classifications as determined by the Committee, a set of associated
controls has been identified. These default controls, expressed as control codes1, are
listed in Table 1.
4.6
The following controls relate to terrestrial vertebrate pest control. As the substance is
not used for this purpose, these controls have not been considered any further:
4.7

Control T8, specifying the requirements for class 6.1 substances that are
(lawfully) laid or applied outdoors for terrestrial vertebrate pest control.

Control E4, which applies to class 9.3 substances which are intentionally
released into the environment in granular form or coated on seeds for terrestrial
vertebrate pest control.
Additional controls may be added under section 77A in order to manage the risks
associated with hydrogen cyanamide which are not addressed by the default controls.
These additional controls are considered later in this decision.
1
Control codes are those assigned by ERMA NZ to enable easy cross reference with the regulations. A detailed
list of these codes is contained in the ERMA New Zealand User Guide to the Controls Regulations.
ERMA New Zealand Decision: Application HRC05001
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Table 1: Default Controls
Toxicity Controls
T1
Limiting exposure to toxic substances through the setting of TELs
T2
Controlling exposure in places of work through the setting of WESs.
T3
Requirements for keeping records of use
T4
Requirements for equipment used to handle substances
T5
Requirements for protective clothing and equipment
T6
Approved handler/security requirements for certain toxic substances
T7
Restrictions on the carriage of toxic or corrosive substances on passenger service vehicles
Ecotoxicity Controls
E1
Limiting exposure to ecotoxic substances through the setting of EELs
E2
Restrictions on use of substances in application areas
E3
Controls relating to protection of terrestrial invertebrates eg beneficial insects
E6
Requirements for equipment used to handle substances
Identification Controls
I1
Identification requirements, duties of persons in charge, accessibility, comprehensibility, clarity
and durability
I3
Priority identifiers for ecotoxic substances
I8
Priority identifiers for toxic substances
I9
Secondary identifiers for all hazardous substances
I11
Secondary identifiers for ecotoxic substances
I16
Secondary identifiers for toxic substances
I17
Use of generic names
I18
Requirements for using concentration ranges
I19
Additional information requirements, including situations where substances are in multiple
packaging
I20
Durability of information for class 6.1 substances
I21
General documentation requirements
I23
Specific documentation requirements for ecotoxic substances
I28
Specific documentation requirements for toxic substances
I29
Signage requirements
I30
Advertising corrosive and toxic substances
Packaging Controls
P1
General packaging requirements
P3
Criteria that allow substances to be packaged to a standard not meeting Packing Group I, II or III
criteria
P13 Packaging requirements for toxic substances
PG3 Packaging requirements equivalent to UN Packing Group III
PS4 Packaging requirements as specified in Schedule 4
Disposal Controls
D4
Disposal requirements for toxic and corrosive substances
D5
Disposal requirements for ecotoxic substances
D6
Disposal requirements for packages
D7
Information requirements for manufacturers, importers and suppliers, and persons in charge
D8
Documentation requirements for manufacturers, importers and suppliers, and persons in charge
Emergency Management Controls
EM1 Level 1 information requirements for suppliers and persons in charge
EM6 Information requirements for toxic substances
EM7 Information requirements for ecotoxic substances
ERMA New Zealand Decision: Application HRC05001
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EM8 Level 2 information requirements for suppliers and persons in charge
EM11 Level 3 emergency management requirements: duties of person in charge, emergency response
plans
EM12 Level 3 emergency management requirements: secondary containment
EM13 Level 3 emergency management requirements: signage
Tracking Controls
TR1 General tracking requirements
Approved handler Controls
AH1 Approved Handler requirements (including test certificate and qualification requirements)
Tank Wagon and Transportable Containers Controls
The Hazardous Substance (Tank Wagons and Transportable Containers) Regulations 2004
prescribe a number of controls relating to tank wagons and transportable containers.
Lifecycle of Hydrogen Cyanamide
4.8
Hydrogen cyanamide is not currently manufactured in New Zealand but is imported in
200 L drums or in 20 L retail packs in standard 20ft shipping containers and transported
to facilities at Mount Maunganui, Auckland and Porirua.
4.9
The 200 L drums are labelled for distribution in New Zealand or are repackaged into
UN approved 20 L HDPE containers.
4.10
Distribution is handled by a national freight forwarding company and commercial
operators who specialise in carrying dangerous goods. The substance is delivered to
Nelson, Bay of Plenty, Hawke’s Bay and North Auckland regions. Delivery is to a
combination of packhouses, farms and merchant stores. In the case of packhouses and
merchant stores, these organisations organise local delivery to orchards.
4.11
Typically the products are received in July prior to spraying in late July/August. During
the application period 200 L containers are typically transported by a truck which
follows a sprayer from orchard to orchard.
4.12
The registrants recommend that empty drums are triple rinsed and then returned to the
distributors for reuse.
Use of hydrogen cyanamide on kiwifruit
4.13
There are some 2700 kiwifruit growers in New Zealand. They are distributed in New
Zealand as follows: Nelson, 5%, Southern North Island 1%, Hawke’s Bay 1%, Gisborne
2%, Waikato 3%, Auckland 4%, Northland 4%, and Bay of Plenty 80%.
4.14
Fruit production from Hayward (Green) and Hort16A (Gold) vines is highly dependent
on the number of buds that break in spring and the number of flowers each bud
produces. Kiwifruit vines require sufficient winter chilling to ensure adequate budbreak
and flowering. Cool temperatures (below 7°C) during May, June and July advance and
increase the percentage of winter buds that break, while cool temperatures in June and
July increase the number of flowers that are present on the vine. Seasonal variation in
winter temperature in the Bay of Plenty and more northerly kiwifruit growing regions
can have a major impact on the productivity of the vines.
ERMA New Zealand Decision: Application HRC05001
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4.15
Hydrogen cyanamide is routinely used as a management tool on both Green and Gold
vines to promote budbreak and flowering of kiwifruit vines. The recommended
application period for Green is between the last week of July and 24 August and for
Gold the optimum timing is mid-late July. Treated vines respond with:
 an increased percentage bud break
 an earlier bud break
 an increase in the number of flowers
 an increase in king flowers and reduction in unwanted lateral flowers (known as
doubles and trebles)
 a compact flowering period
 an earlier leaf canopy
 removal of lichen and scale insects.
4.16
The combined impact of all these responses is a significant increase in the yield of the
vines, reduced management costs and larger fruit.
4.17
The suppliers’ recommended use of hydrogen cyanamide is by a single application at a
dilution of 4-6 L per 100 L of water and rate of 500-700 L spray volume per hectare, not
exceeding 800 L spray volume per hectare as damage can occur at higher rates. The
spray is prepared by adding the required amount of hydrogen cyanamide to a half filled
spray tank, adding the remainder of water and agitating thoroughly before and during
spray application. The highest concentration of hydrogen cyanamide should be used at
the beginning of the application period. A lower concentration within the recommended
range may be used as the application period progresses. Addition of a non-ionic wetting
agent to the formulated product is recommended by the suppliers to improve coverage.
4.18
Application of hydrogen cyanamide is by a fine spray mist delivered by an air blast
sprayer at low pressure. All dormant buds must be sprayed to ensure even effects. Spray
should reach into the central leader and cover the inner canopy.
Use of hydrogen cyanamide on apples
4.19
Approximately 10% of the use of hydrogen cyanamide is on apple crops for similar
purposes. Recommended use is by the preparation of a spray at a dilution of 2.5 L per
100 L water, and applying the spray at a rate of 800-1300 L per hectare, depending on
tree size. Application is via fine spray mist to ensure complete tree coverage, 30-45 days
before natural budbreak (50% greentip on spurs).
Use Classification
4.20
ERMA New Zealand has adopted the European Union use classification system as the
basis for recording the nature and uses of substances approved. The following use
categories are recorded for this substance:
Main Category:
4
Wide-dispersive use
Industrial category:
1
Agricultural industry
Function/Use category:
38
Pesticides
ERMA New Zealand Decision: Application HRC05001
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Identification of the Significant Risks, Costs and Benefits (adverse and beneficial
effects) of the Substance
4.21
The Committee identified potentially non-negligible risks, costs and benefits by
reference to clauses 9 and 11, which incorporate relevant matters referred to in sections
2, 5, 6, and 8.
4.22
A “cost” is defined in regulation 2 of the Methodology as “the value of a particular
adverse effect expressed in monetary or non-monetary terms”. Therefore these have
been assessed in an integrated fashion together with risks in the following assessment of
adverse effects.
Identification of Risks and Costs to Human Health
4.23
Hydrogen cyanamide triggers the following hazardous property classifications that are
relevant to the consideration of risks to human health:
 6.1C oral toxicity;
 6.1D dermal toxicity;
 6.1D inhalation toxicity;
 6.3A skin irritancy;
 6.4A eye irritancy;
 6.5B contact sensitisation;
 6.8B suspected human or reproductive toxicity; and
 6.9A target organ systemic toxicity.
4.24
As discussed in the application, a “cyanamide flush” effect in humans can occur if
alcohol is consumed 24 hours prior to, or up to seven days following, use of hydrogen
cyanamide formulations. The “cyanamide flush” is characterised by symptoms such as
skin flushing, dizziness, headache, shortness of breath and a rapid pulse.
4.25
In addition, potentially significant risks to human health might arise from exposure of
people to hydrogen cyanamide as a result of the following activities:
 accidents during repackaging, transportation or storage; and
 use of the substance or drift of spray from the target site.
Identification of Risks and Costs to the Environment
4.26
The hazardous properties of hydrogen cyanamide that are of relevance to the
environment are:
 9.1D aquatic ecotoxicity;
 9.3B terrestrial vertebrate ecotoxicity; and
 9.4C terrestrial invertebrate ecotoxicity.
4.27
Therefore, if the substance were to be released into the environment, exposure to it
could potentially lead to harmful effects on aquatic organisms, terrestrial vertebrates and
terrestrial invertebrates. These could arise from:
 accidents during importation, transportation or storage;
 dilution or use that results in incorrect dilution rates or application rates;
 inappropriate use of the substance or drift of spray from the target site; or
 run-off into waterways following application of the substance.
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Identification of Risks and Costs to Society and the Community
4.28
The adverse social effect on individuals and communities associated with anxiety about
the inappropriate use of hydrogen cyanamide is considered to be potentially significant.
Identification of Risks and Costs to the Market Economy
4.29
No potentially significant adverse effects on the economy were identified from the use
of hydrogen cyanamide.
Identification of Risks and Costs to Māori
4.30
No potentially significant adverse effects to the relationship of Māori and their culture
and traditions with their ancestral lands, water, sites, waahi tapu, valued flora and fauna,
and other taonga were identified from the use of hydrogen cyanamide.
Identification of Benefits
4.31
A “benefit” is defined in regulation 2 of the Methodology as “the value of a particular
positive effect expressed in monetary or non-monetary terms”. Benefits may arise from
any of the matters set out in clauses 9 and 11. Benefits are beneficial effects as
described in the Act.
Identification of Benefits to the Environment and Human Health
4.32
No potentially significant benefits to human health or the environment resulting from
the availability of hydrogen cyanamide were identified.
Identification of Benefits to the Market Economy
4.33
Since the substance is currently available, the benefits of its use are known. The
following potentially significant benefits of the substance being available for use by the
kiwifruit industry have been identified:
 promotion of even bud break, with the consequential increase in flowering and fruit
yield;
 shorter flowering period;
 removal of lichen and scale insects;
 spread of the crop load more evenly over the whole vine;
 reduced management costs;
 reduced biennial bearing; and
 a longer growing season and larger fruit for a given fruit load.
4.34
Benefits for apple growers include:
 advancement and compression of flowering which allows thinning to be better timed;
 reduction in fire blight risk; and
 earlier harvest and better prices.
4.35
The production impact of hydrogen cyanamide also contributes towards a satisfactory
export yield and has an influence on the size of fruit and in the timing of fruit being
ready to market.
ERMA New Zealand Decision: Application HRC05001
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Identification of Benefits to Society and Community
4.36
The social and community beneficial effects of the availability of hydrogen cyanamide,
particularly the flow-on effects of employment are considered to be potentially
significant.
Identification of Alternative Substances
4.37
The Committee notes that, in assessing the grounds for reassessment of the substance,
the Authority concluded that there were no viable alternative substances available that
would achieve the same end result.
Assessment of Significant Risks, Costs and Benefits (Adverse and Beneficial
effects)
4.38
In accordance with clause 11, the Committee considered the effects of hydrogen
cyanamide through its lifecycle and the risks, costs and benefits flowing from its
hazardous properties.
4.39
The risks assessed were those identified as potentially non-negligible. These risks were
considered in terms of the requirements of clause 12, including the assessment of
magnitude of consequences and probabilities (likelihoods), the impact of uncertainty
and the impact of risk management.
Assessment of Risks and Costs to Human Health
4.40
As the acute toxic effects to the skin (6.1D dermal, 6.3A skin irritancy) and eyes (6.4A
eye irritancy) are most likely to rise from a single exposure they have been considered
separately from the acute oral (6.1C) and the chronic effects (6.5B contact sensitisation;
6.8B suspected human or reproductive toxicity; and 6.9A target organ systemic toxicity)
in the following discussion.
Repackaging
4.41
After taking into account provisions for controlling spillage, the requirement for
protective clothing and equipment and the controls in place under the Health and Safety
in Employment Act 1992, the Committee considers it improbable that exposure of
workers or others to hydrogen cyanamide will occur during repackaging. If exposure
did occur, the magnitude of any acute effects to the skin or eyes that may result is
considered to be moderate. The Committee is satisfied that the overall level of acute
toxic risks to the skin or eyes associated with the repackaging of hydrogen cyanamide is
low.
4.42
The Committee considers that exposure to hydrogen cyanamide during repackaging
could also lead to major acute oral toxic effects or chronic effects to workers’ health.
However, taking into account the HSNO provisions for controlling spillage and the
requirement to use protective clothing and equipment and the controls in place under the
Health and Safety in Employment Act 1992, the Committee is satisfied that it is highly
improbable that exposure will occur and thus the overall level of acute oral toxic and
chronic risks to human health and safety associated with the repackaging of hydrogen
cyanamide is assessed as low.
ERMA New Zealand Decision: Application HRC05001
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Transportation
4.43
Where there is an accident involving bulk transport of hydrogen cyanamide, the
magnitude of any effect will depend on the quantity spilled and the extent to which
workers and others are exposed to the substance. Bulk containers hold or carry a larger
volume, but are designed to do so and a spill will not necessarily eventuate if an
accident does occur. While people could suffer eye or skin irritation if protection is not
worn, the Committee considers it very unlikely that this will eventuate. As the acute
skin and eye effects on human health are considered to be moderate, the residual risk is
assessed as medium. While exposure to this risk is involuntary, the committee notes
that the risk will not persist over time, it is not subject to uncontrollable spread, the
potential adverse effects are reversible and the risk is reasonably well known.
Therefore, the Committee did not consider it necessary to adopt a more risk averse
approach in respect of transportation risks to bystanders.
4.44
Distribution of hydrogen cyanamide for retail sale is generally in containers of 20 L or
200 L capacity; in these circumstances the packaging controls will provide a barrier
against exposure. Accordingly, the occurrence of acute toxic effects (such as eye or skin
irritation) or chronic effects on human health are considered highly improbable; the
magnitude of any effect is considered to be moderate and therefore the residual risk is
very low.
4.45
The Committee also considers it highly improbable that workers or the public will
ingest enough of the substance following a transport incident to suffer adverse acute
oral toxic effects or chronic effects. Accordingly, the overall level of acute oral toxic
and chronic risks to human health and safety associated with the transport of hydrogen
cyanamide is assessed as low.
Storage
4.46
During commercial storage (including storage at merchant stores), hydrogen cyanamide
will be handled by approved handlers who are people with knowledge, training and
experience in the handling of this substance and others similar to it. In these
circumstances, the Committee considers that the likelihood of adverse effects arising
from accidental spillage is highly improbable and, if it does occur, to be moderate in
effect. The residual risk, with the controls in place, is therefore very low.
4.47
The Committee also considers it highly improbable that people handling hydrogen
cyanamide during commercial storage will ingest enough of the substance following
accidental spillage to suffer adverse acute oral toxic effects or chronic effects.
Accordingly, the overall level of acute oral toxic and chronic risks to human health and
safety associated with the commercial storage of hydrogen cyanamide is assessed as
low.
4.48
Storage at an orchard may pose risks if the substance can be accessed by children or
other people who have no knowledge of the substance or who are not in a position to
make use of the information provided about it. However, with the controls in place,
especially the requirement that the substance be secured so that a person cannot gain
access to it unless the person has a key or other device used for operating locks, it is
considered improbable that children or others will be exposed to the substance. As the
ERMA New Zealand Decision: Application HRC05001
Page 11 of 43
effects of such an exposure, if it should occur, would be moderate, the Committee is
satisfied that overall risk in this situation is low.
4.49
The Committee also considers it highly improbable that children or others will ingest
enough of the substance following accidental spillage to suffer adverse acute oral toxic
effects or chronic effects. Accordingly, the overall level of acute oral toxic and chronic
risks to human health and safety associated with the storage of hydrogen cyanamide on
an orchard is assessed as low.
Use
4.50
The applicant has used models to assess exposure arising from the use of hydrogen
cyanamide containing products and compared the output to toxicity values to determine
the risk to operators and other people who may be affected through spray drift (referred
in this decision as “bystanders”).
Assessment of Operator Risk
4.51
The applicant carried out exposure modelling based on scenarios involving no
protective clothing and with protective clothing during mixing and loading and spray
application. Taking this modelling into account, the Committee considers that hydrogen
cyanamide poses a medium toxicity risk to workers. However, this level of risk will be
greatly affected by the standard of protective equipment used. If industry best practices
are employed, then the level of residual risk will be reduced.
4.52
The Committee considers the HSNO controls most relevant in addressing the risks
posed to workers as those relating to





4.53
the competency of the applicators;
personal protective equipment;
labelling;
equipment for handling the substance; and
workplace exposure standards.
Competency. The HSNO control T6 (Regulation 9 of the Hazardous Substances
(Classes 6, 8 and 9) Controls Regulations 2001) requires that hydrogen cyanamide be
under the control of an approved handler. Requiring hydrogen cyanamide to be under
the control of properly qualified personnel at all times is seen as a key control in
addressing the risks associated with the use of the substance. The applicant proposed
that minimum GROWSAFE qualifications should be prescribed for approved handlers.
However, the Committee notes that the HSNO Code of Practice (NZS 8409: The
Management of Agrichemicals) and the Regional Air Plans already list these as
requirements. Accordingly, the Committee is of the view that the approved handler
controls need not be varied so as to provide minimum qualifications. The Committee
also considers that it is the responsibility of the test certifier who is issuing the approved
handler test certificate to ensure that the candidate has knowledge of the effects of
hydrogen cyanamide and the measures required to ensure that the substance is used
safely in accordance with the HSNO approval.
ERMA New Zealand Decision: Application HRC05001
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4.54
Personal Protective Equipment. The Committee agrees with the applicant that, if the
appropriate protective equipment is utilised, the residual risk to workers is low as it
reduces the likelihood that operators will be exposed to hydrogen cyanamide. The
following equipment is recommended by suppliers of hydrogen cyanamide and the
applicant indicated it should be prescribed as a HSNO control.
 an impermeable chemical resistant suit with hood (PVC or similar);
 gauntlet gloves (PVC, nitrile or similar);
 chemical resistant boots;
 impermeable headwear;
 face and eye protection; and
 an air purifying respirator with a filter suitable for aerosol particles.
4.55
While the Committee agrees that this standard of personal protective equipment is
appropriate, it does not consider that the HSNO control T5 (Regulation 8 of the
Hazardous Substances (Classes 6, 8, and 9) Controls Regulations 2001) needs to be
modified. The Committee is of the view that it is the responsibility of the people in
charge of the spraying (usually an approved handler) to ensure that the workers are
using the correct standard of equipment and notes that a failure for this to happen
constitutes a breach of this control.
4.56
Labelling. Under the Hazardous Substances (Identification) Regulations 2001, hydrogen
cyanamide labels must contain information on the hazards associated with the
substance. As the cyanamide flush reaction is not specifically identified as a hazard
under the Act, the Committee is of the view that the following statement should be
included on hydrogen cyanamide labels to reduce the likelihood that this risk will occur:
Do not consume alcohol the day before or up to seven days after application. In
combination with alcohol, a severe temporary reaction known as “cyanamide flush”
may be produced. Symptoms of cyanamide flush include skin flushing, dizziness,
headache, shortness of breath and a rapid pulse.
4.57
Equipment for handling the substance. The HSNO Control T4 (Regulation 7 of the
Hazardous Substances (Classes 6, 8 and 9) Controls Regulations 2001) requires that
equipment used to handle hydrogen cyanamide must retain and/or dispense the
substance in the manner intended. The applicant proposed a variation to this control that
would require that the spray equipment should be calibrated on an annual basis. While
the Committee accepts that this is good practice, it does not consider that varying
control T4 to require such calibration will necessarily reduce the level of risk to
workers. The Committee considers that these risks are best addressed by ensuring that
workers are competent to carry out the spraying operations (see 4.53 above).
4.58
Workplace Exposure Standards. On transferring hydrogen cyanamide to the HSNO
regime, the Authority adopted a workplace exposure standard for hydrogen cyanamide.
The Committee considers that this standard remains appropriate and should continue to
apply. This value is:
WES-TWA2 for hydrogen cyanamide (active)
2 mg/m3
2
The WES-TWA is the time-weighted average (8 hours/day, 5 days/week) exposure standard designed to
protect the worker from the long-term effects of exposure.
ERMA New Zealand Decision: Application HRC05001
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Length of exposure period
4.59
The Authority, in considering the Grounds for Reassessment (decision dated 6 August
2004) concluded that there has been a significant change in use of hydrogen cyanamide.
The development of the gold kiwifruit market (Gold) has caused the spraying period for
hydrogen cyanamide to be extended beyond that of the traditional kiwifruit (Green), by
a further two to three weeks.
4.60
The Committee accepts that, as the 28-day study has been used as a worst-case scenario
in the exposure modelling, the longer potential exposure period for workers to hydrogen
cyanamide has been adequately addressed in assessing the level of risk to workers.
Re-entry time following use
4.61
The Committee notes that there are insufficient data available to calculate a re-entry
period. However, it is noted that re-entry periods are already specified on the labels of
several hydrogen cyanamide products whereby workers who are in contact with
kiwifruit canes within 5 days of spraying should wear gloves, and it is also good
husbandry practice not to enter treated fields until the plants and soil are dry, unless the
users are wearing protective clothing.
4.62
Accordingly, provided that the label recommendations are retained and adhered to
following re-entry, and that personal protective equipment is worn, the Committee is
satisfied that the likelihood of exposure occurring is improbable. As the magnitude of
any effects is moderate, the risks to workers following re-entry are considered to be low.
Overall Assessment of risks to operators.
4.63
From the discussion in paragraphs 4.53 to 4.62 above, the Committee is satisfied that
application of the key HSNO controls identified in paragraph 4.52 above, particularly
the approved handler and personal protective equipment requirements, will be adequate
to ensure the level of risk to operators is low.
Assessment of risks to bystanders
4.64
The applicant noted that the majority of effects relating to humans via spray drift have
been associated with skin irritation and sensitisation. While these are clearly effects
resulting from acute exposure to spraying it is not possible to carry out a quantitative
assessment of the level of risk that the spraying of hydrogen cyanamide poses to the
health of bystanders.
4.65
Overall, the Committee agrees with the applicant that, if hydrogen cyanamide is used in
conditions that minimise the likelihood of spraydrift such as low wind and with
adequate buffer zones in place, the risk of adverse effects to bystanders arising from
spraydrift is low.
4.66
In considering the application, the Committee considered the effectiveness of the
current regulatory regime in addressing the level or risk from spraydrift and whether
any of the controls should be varied or additional controls prescribed. The key
ERMA New Zealand Decision: Application HRC05001
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considerations in assessing the reduction of risk to bystanders are discussed in
paragraphs 4.67 to 4.81 below.
4.67
Competency. The Committee considers that a key HSNO control in ensuring the level of
risk to bystanders is minimised is to ensure that applicators are well trained and
supervised. As discussed above in paragraph 4.53 above the Committee is of the view
that the current HSNO approved handler control should ensure that applicators have
appropriate qualifications and that their competency has been assessed as satisfactory or
they are properly supervised.
4.68
Tolerable Exposure Limits (TELs). The Committee notes the concerns expressed about
the measurability and enforceability of TELs. The Committee further notes that ERMA
New Zealand is considering a range of issues to do with the use of TELs, including their
setting, measurement and enforcement following the passage of amendments to the Act
in December 2005. Accordingly, the Committee is not setting any TELs in relation to
this substance at this time.
4.69
Application technology. Zespri International Ltd and New Zealand Kiwifruit Growers
Inc. indicated that research in the kiwifruit industry has focused on developing and
modifying application methods for hydrogen cyanamide. The results of trials on spray
adjuvants and the use of air inclusion nozzles conducted in 2005 are significant, with
some of the treatments trialled reducing spray drift by as much as 85 percent. Larger
scale trials will be completed in 2006 aimed at implementation in 2007/08.
4.70
Ongoing trials are being undertaken to confirm the results and to verify the efficacy
before recommendations are made to the wider industry through an industry wide
education programme. The intention is to publish a best practice manual by June 2009.
However, the industry submitters indicated that the uptake of new technology could
happen much sooner if the trials confirm the efficacy of the technology.
4.71
The Committee agrees that there is significant potential in the adoption of new
technologies. Accordingly, the Committee considers that ERMA New Zealand should
monitor the reporting of incidents over the next 5 years to assess the effectiveness of
changes in technology and the impact of the regulatory controls. The Committee notes
that at this time, or at any time beforehand, the Authority could consider whether there
are any further grounds for reassessing hydrogen cyanamide again.
4.72
Industry Self-Regulation. In its submission, New Zealand Kiwifruit Growers Inc
(NZKGI) referred to its spray complaint investigation service. Its key goal is to
encourage compliance with Regional Council and HSNO requirements. To this end
NZKGI runs a 0800 hot line for complaints and also receives details of complaints from
the Regional Councils.
4.73
For a repeat or serious offence, there is potential for the matter to be referred to Zespri
International Ltd (Zespri). Zespri will assess the complaint against its Crop Protection
Programme and EUREPGAP standard and implement a sanction process, if applicable,
and consider implementation of a penalty. Penalties can include ineligibility for export,
a 20 cent per class one tray deduction or a market access hold being placed on the class
one fruit coming off the orchard where the incident occurred.
ERMA New Zealand Decision: Application HRC05001
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4.74
Because of the current integrated nature of the kiwifruit industry, the Committee accepts
that industry self-regulation is an effective tool in ensuring hydrogen cyanamide users
comply with the Act and other regulatory requirements. However, if this were to change
the Authority could consider whether there was a need to review how well the controls
are being complied with.
4.75
Complaint reporting. The Committee notes that NZKGI has an effective procedure for
dealing with complaints. However, the regional councils and the Ministry of Health may
also receive complaints. The Committee considers that the various agencies should
review the collating and sharing of information relating to spraydrift incidents.
4.76
Under section 148 of the Act, the Authority is required to report annually on the number
and type of incidents caused by the inadequate management of hazardous substances.
To assist in this reporting, ERMA New Zealand has asked enforcement agencies to
provide individual reports on all significant incidents relating to hazardous substances.
4.77
It is the view of the Committee that all substantiated incidents relating to chemical
trespass by hydrogen cyanamide should be treated as “significant” and thus reported to
ERMA New Zealand.
4.78
Notification. The Act and Regulations do not prescribe any controls relating to the
notification of people who may be potentially be affected by spraydrift. However, the
Environment Bay of Plenty and other Regional Air Plans include notification
requirements. As these are enforceable under the Resource Management Act 1991 and
meet the definition of ‘controls’ under the Act, the Committee does not consider that it
is appropriate to duplicate them here.
4.79
However, the Committee notes that some affected people did not appear to be aware of
their rights and the appropriate action to take, if a spray drift incident occurs or if they
have concerns about being exposed to the chemical. To this end, the Committee
strongly recommends that the key stakeholders (particularly the registrants, regional
councils, Zespri International and industry associations, such as the NZKGI), undertake
a public awareness programme for persons who may be potentially affected by spray
drift from hydrogen cyanamide. The programme should ensure that people are aware of
the notification requirements and what action they can take if they believe that a spray
drift incident has occurred.
4.80
Record keeping. HSNO control T3 (Regulations 5(1) and 6 of the Hazardous Substances
(Classes 6, 8 and 9) Regulations 2001) requires that a person using hydrogen cyanamide
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 and leave the
place. This record should include:






name of the substance;
date and time of each application;
amount of substance applied;
location where applied;
a description of the wind speed and direction; and
name and address of the user.
ERMA New Zealand Decision: Application HRC05001
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4.81
The Committee does not consider any additional requirements are warranted but
recommends that industry works towards the eventual adoption and inclusion of
electronic recording of weather conditions as part of these records.
Overall Assessment of risks to bystanders.
4.82
From the discussion in paragraphs 4.67 to 4.81 above, the Committee is satisfied that
the risks to bystanders can be adequately managed by the HSNO controls, particularly
the approved handler requirements; controls under the RMA such as the notification
requirements; and industry self-regulation. However, to ensure that bystanders are
aware of what action to take should spraydrift occur, the Committee has recommended
that a public awareness programme be undertaken (see paragraph 4.139 below).
Assessment of risks and costs to the environment
4.83
Taking into account the HSNO controls in place for hydrogen cyanamide (particularly
packaging and emergency management controls) the Committee considers it highly
improbable that an incident will occur during the repackaging, transport or storage of
hydrogen cyanamide that will lead to an adverse effect occurring in the environment. If
an adverse effect results, the magnitude is expected to be minimal to minor due to the
small quantity of substance likely to be released and the nature and size of the area
affected. Hence, the resulting risk is insignificant.
4.84
The Committee notes that no exposure monitoring data relevant to assessing the risks of
hydrogen cyanamide on the environment have been identified. However, no effects on
wildlife attributable to use of hydrogen cyanamide have been reported.
4.85
Based on conservative modelling carried out by the applicant, the magnitude of the risk
quotients indicates a low to medium acute and high chronic toxicity risk to the
environment. While exposure to this risk is involuntary, the Committee notes that the
risk will not persist over time, it is not subject to uncontrollable spread, the potential
adverse effects are reversible and the risk is reasonably well known. Therefore, the
Committee did not consider it necessary to adopt a more risk averse approach in respect
of risks to the environment arising from the use of hydrogen cyanamide.
4.86
The Committee notes the potential risks to the environment but considers that the risks
are adequately addressed by the existing HSNO controls, particularly, approved handler
requirements, restriction of use to avoid exposure of beneficial insects (control E3) and
requirements for equipment used to handle hazardous substances (control E6).
Assessment of risks and costs to society and the community
4.87
One potentially significant adverse social and community effect has been identified: the
effect on individuals and communities associated with anxiety resulting from the
inappropriate use of hydrogen cyanamide. The Committee assessed the magnitude of
these effects as being minor as, if they do occur, it is only for a short period of the year.
Given the actions being taken by the industry and other groups to ameliorate them, the
Committee considered that the likelihood that these effects will occur as being
improbable. Accordingly, the level of risk is assessed as very low.
ERMA New Zealand Decision: Application HRC05001
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4.88
As discussed above the Regional Council Air Plans and NZS 8409:2004 Management
of Agrichemicals provide an extensive range of notification controls and signage
controls to provide the community with information and choice about exposure to
hydrogen cyanamide. In addition the kiwifruit industry has established an 0800 number
complaints procedure. These activities appear to have assisted in reducing the level of
incidents being reported. However, the Committee acknowledges that there are still
some tangible impacts on some individuals. Accordingly, as discussed above, the
Committee considers that ERMA New Zealand should monitor the reporting of
incidents over the next 5 years. The Committee notes that at the end of this time, or at
any time beforehand, if there is evidence of significant adverse effects on the
community the Authority could consider whether there are any further grounds for
reassessing hydrogen cyanamide again.
4.89
With these measures in place, the Committee is of the view that, while the risks and
costs to society and the community are very low, the level of incidents and complaints
should be monitored to determine whether the situation is maintained.
Assessment of Benefits (Beneficial Effects) to the Market Economy
4.90
Hydrogen cyanamide increases the total number of flowers while removing the lateral
flowers on the vine. The production impact of these changes is to increase the export
yield while also having influence on the size of fruit and in the timing of fruit being
ready to market. ZESPRI International has calculated the impact of not having the use
of hydrogen cyanamide for the production of Green and Gold kiwifruit on the grower
and industry economic returns. They consider that a calculated loss of $163.6 million
per annum to the industry would occur if hydrogen cyanamide was no longer available
and this would result in a loss to the New Zealand economy of in the order of $410.6
million per year.
4.91
The Ministry of Agriculture and Forestry agreed with industry’s assertion that the
overall economic benefit of using hydrogen cyanamide is very large, and should
hydrogen cyanamide be unavailable, the impact on economic viability of the kiwifruit
(and to a lesser extent, the apple) industry would be very high.
4.92
Taking these economic data into account, the Committee has assessed the level of
benefit associated with the continued availability of hydrogen cyanamide as massive.
Assessment of Benefits (Beneficial Effects) to Māori
4.93
The Committee notes that there are a significant number of Māori orchardists and the
majority of these are in warm coastal areas where there is not enough winter chilling to
achieve the same level of bud break that may be achieved in other areas.
4.94
As indicated by one of the submitters, the incomes from orchards are used to directly
support Iwi and are vital income streams to support elders, education programmes, and
economic and social development. In addition, emphasis was placed by the submitter on
the importance of the viability of the orchards in retaining the land for future
generations.
4.95
The Committee accepts that a benefit of the use of hydrogen cyanamide to Māori is very
likely to result from the economic success of the industry based on the use of hydrogen
ERMA New Zealand Decision: Application HRC05001
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cyanamide. The overall level of benefit to the relationship of Māori with their taonga is
thus assessed as high.
Assessment of Benefits (Beneficial Effects) to Society and Communities
4.96
As discussed in the application, the kiwifruit sector presently accounts for 19.2% of Bay
of Plenty economic activity. It is clear that the total impact of kiwifruit production on
the Bay of Plenty regional economy extends beyond the immediate direct impact from
kiwifruit production and sales.
4.97
It is estimated that there are 25,000 to 30,000 permanent and seasonal workers in the
kiwifruit industry in the Bay of Plenty. Although the industry has increasingly become
an employer of skilled labour, it still remains a significant employer of unskilled labour.
4.98
Thus there are major social benefits associated with the continuing success of the
kiwifruit industry in the Bay of Plenty and in other areas. The Committee accepts that,
because there are no effective alternatives, the use of hydrogen cyanamide is crucial for
maintaining kiwifruit production at current levels and thus supporting local
communities. If there were to be a significant reduction in the level of production of
kiwifruit and a subsequent reduction in skilled and unskilled employment in the Bay of
Plenty as a result of hydrogen cyanamide not being available, then there would be
significant flow-on effects to the affected communities.
4.99
The Committee agrees that similar effects would be seen in other areas highly
dependent on kiwifruit and apple production (noting that apple growing areas may be
somewhat less vulnerable as there are more likely to be alternative substances
available).
4.100
If hydrogen cyanamide were not available, then there would be minor to major adverse
social effects (major in the Bay of Plenty and minor overall), and this effect would be
very likely. Converting this to a beneficial effect associated with the availability of the
substance and using the ERMA New Zealand qualitative tables, the Committee is of the
view that the level of beneficial effect is high to very high depending on the location of
the impact.
Likely Effects of the Substance Being Unavailable
4.101
The largest market for hydrogen cyanamide is the kiwifruit industry, and to a lesser
extent, the apple industry. The Committee accepts that requirements for a plant growth
regulator that effectively promotes even budbreak and the consequential increase in
flowering and fruit yield is extremely important to the success of the industry. Hydrogen
cyanamide is currently seen to be the only plant growth regulator that is effective.
4.102
If hydrogen cyanamide were unavailable, the Committee accepts that a significant
number of kiwifruit orchards would become unprofitable and cease production. The
economic impact on the Bay of Plenty ($340 million) and nationally on the industry
($410 million) would also be extremely high. In addition, there is also likely to be a
longer term impact on the kiwifruit industry as its premium position will be affected or
lost entirely through the industry’s inability to continue to service customer
requirements due to reduced and variable fruit supply and quality. The consequence of
ERMA New Zealand Decision: Application HRC05001
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this into the future would be lower returns per tray and a significantly smaller market
share.
Alternative Substances
4.103
In its decision on the determination as to whether there are grounds for reassessing
hydrogen cyanamide containing products, the Authority stated: “An alternative
substance registered under the Agricultural Compounds and Veterinary Medicines Act
for use as a plant growth regulator for kiwifruit does not appear to be an appropriate
substitute for hydrogen cyanamide in some situations. The Committee therefore
concludes that grounds do not exist under section 62(2)(b)”.
4.104
As no further or new information on alternative substances having been provided to it,
the Committee accepts that, at the present time, there are no viable alternative products
available.
Overall Evaluation of Risks, Costs and Benefits
Precautionary Approach
4.105
Section 7 and Clause 29 require the Committee to take into account the need for caution
in managing adverse effects where there is scientific and technical uncertainty about
those effects and to consider the materiality of the uncertainty to the decision.
4.106
The Committee concluded that there was little uncertainty associated with the adverse
effects that were assessed as significant and that this uncertainty was not material to the
decision
Approach to Risk
4.107
Clause 33 requires the Authority, when considering applications, to have regard to the
extent to which a specified set of risk characteristics exist. While the approach to risk
has been considered in terms of individual risks, it should also be addressed in terms of
the overall evaluation. The intention of this provision is to provide a route for
determining how cautious or risk averse the Authority should be in weighing up adverse
and beneficial effects. In evaluating risks assessed as being significant (non-negligible)
the Committee considered these characteristics and considered their impact on the
magnitude of the adverse effects.
4.108
Two risks were assessed as medium; bystander exposure during transportation
incidents, and risks to the environment during use of the product. Exposure to both of
these risks is involuntary. However, they will not persist over time, they are not subject
to uncontrollable spread, the potential adverse effects are reversible and the risks are
reasonably well known. Therefore, the Committee did not consider it necessary to
adopt a more risk averse approach in respect of these risks.
4.109
However, because of the toxicity of hydrogen cyanamide and the reports of adverse
effects occurring, the Committee adopted a cautious and risk averse position when
considering the risks to bystanders from the use of hydrogen cyanamide and hence the
recommendation to increase public awareness that appears in paragraph 4.139 below.
ERMA New Zealand Decision: Application HRC05001
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4.110
Having regard to clauses 22 and 34 and in accordance with the tests in clause 27 and
section 29, risks, costs and benefits were evaluated taking account of all proposed
controls including default controls plus proposed variations to the controls.
4.111
Clause 34 sets out the approaches available to the Authority in evaluating the combined
impact of risks, costs and benefits, i.e. weighing up risks, costs and benefits.
4.112
In accordance with clause 34, the Committee considers that the substance poses a
negligible to medium risk to the environment, to human health, to Māori, to society and
to the economy. As the Committee is satisfied that the adverse effects of hydrogen
cyanamide can be adequately managed by the controls that apply, and as the economic,
social and community benefits are very high, the Committee considers that the overall
level of risks and costs associated with hydrogen cyanamide are outweighed by the
benefits.
Additional Controls under s77A
4.113
Under section 77A of the Act, the Authority may impose as controls any obligations and
restrictions that the Authority thinks fit. Before imposing a control under this section,
the Authority must be satisfied that, against any other specified controls that apply to
the substance:
(a) the proposed control is more effective in terms of its effect on the management, use
and risks of the substance; or
(b) the proposed control is more cost-effective in terms of its effect on the management,
use and risks of the substance; or
(c) the proposed control is more likely to achieve its purpose.
4.114
Given the scope of section 77A and the basis of the substance’s risk assessment, the
Committee has applied the following additional controls to hydrogen cyanamide:
4.115
The following statement shall appear on hydrogen cyanamide labels and in
accompanying documentation:
Do not consume alcohol the day before or up to seven days after application. In
combination with alcohol, a severe temporary reaction known as “cyanamide flush”
may be produced. Symptoms of cyanamide flush include skin flushing, dizziness,
headache, shortness of breath and a rapid pulse.
4.116
The following regulation is to be inserted immediately after regulation 9 of the
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001.
9A
Exception to approved handler requirement for transportation of packaged
hydrogen cyanamide
(1) Regulation 9 is deemed to be complied with if:
(a) when hydrogen cyanamide 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
ERMA New Zealand Decision: Application HRC05001
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system which is referred to in an approved safety case under the Railways Act
2005; and
(ii) 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 Schedule
1 of the Land Transport Rule 45001/1: Dangerous Goods 2005, has a
current dangerous goods endorsement on his or her drivers licence; or
(B) in every other case, the Land Transport Rule 45001/1:Dangerous Goods
2005 is complied with; or
(b) in the case of hydrogen cyanamide 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)—
(a) applies to pilots, aircrew, and airline ground personnel loading and
managing this substance within an aerodrome; but
(b) does not apply to the storage and handling of this substance in any place that
is not within an aerodrome, or within an aerodrome by non-airline ground
personnel;
(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.
4.117
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 by Supplements to the New Zealand Gazette, 1 October 2004, No. 128,
page 3133, 16 December 2005, No. 208, page 5289, 27 June 2006, No. 70, page 1609 76,
30 June 2006, No. 76, page 2409) shall apply to this substance, notwithstanding clause
1(1) of that schedule.
4.118
The Committee notes that, as a means of managing the risks from hydrogen cyanamide,
additional controls relating to stationary container systems are necessary. These
provisions are currently provided in Schedule 8 of the Hazardous Substances
(Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004 as amended.
ERMA New Zealand Decision: Application HRC05001
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4.119
The following subclauses shall 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.
4.120
The Committee considers that these controls are relevant to this substance, and notes
that no other such controls have been specified under the Act. In accordance with
section 77A(4)(a) of the Act, the Committee is satisfied that imposing these additional
controls is more effective than any other specified controls in terms of their effect on the
management, use and risks of hydrogen cyanamide.
Addressing Risks to Human Health, the Environment and the Community - Bonds
4.121
Bonds. The Sustainability Council of New Zealand submitted that a performance bond
should be a requirement and that only those who meet this requirement may use the
substance. The bond would be specified to cover any damage to human health, damage
to the environment, or financial damage that is the result of the use of the substance
when this damage occurs beyond the property specified for its application. In the
Council’s view bonds should be provided by importers and distributors who should then
obtain ‘back to back’ bonds from those using/spraying the substance and the process for
setting the level of bond should be consistent with international best practice.
4.122
The Committee notes that the Act makes no specific provision for requiring such bonds
when approving substances under the Act, and there is uncertainty as to the legal ability
to impose bonds for hazardous substances. This situation may be contrasted with the
Resource Management Act 1991 (RMA). The RMA specifically, and in some detail,
enables consent authorities to impose a requirement for a bond on a resource consent to
ensure that one or more of its conditions are complied with.
4.123
If a requirement for a bond were to be imposed it would need to be as an additional
control under section 77A. To impose an additional control under section 77A, the
Authority must be satisfied that, against any other specified controls that apply to the
substance under the Act:
(a) the proposed control is more effective in terms of its effect on the management, use
and risks of the substance; or
ERMA New Zealand Decision: Application HRC05001
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(b) the proposed control is more cost-effective in terms of its effect on the management,
use and risks of the substance; or
(c) the proposed control is more likely to achieve its purpose.
4.124
As discussed above, the Committee considers that the risks to bystanders and the
environment can be adequately managed by the use and enforcement of HSNO controls,
(particularly the approved handler requirements); and controls under the RMA (such as
the notification requirements).
4.125
The Committee considers that placing a performance bond requirement on importers
and distributors would be ineffective as they do not use the substance and therefore have
no control over the circumstances in which it is applied. If a bond requirement were to
be set, it would need to apply to the growers who use hydrogen cyanamide. However,
the number of users and their distribution would seem to make this impractical. There
would be difficulty in obtaining evidence and proving liability (for example, was the
damage caused by hydrogen cyanamide, and if so, which user did it come from? What
is the appropriate level of bond and would this change according to the location of the
property?) A complex bond scheme would need to be established, which would create
additional costs. At this scale it may take on hallmarks of a compensation fund, which
is beyond the function of a control under the Act.
4.126
The Act carries substantial penalties for breaches of controls – up to 3 months’
imprisonment or a fine of up to $500,000. Reports of cross boundary damage from
hydrogen cyanamide appear to be caused by use of the substance in unsuitable weather
conditions or without due care. The Committee does not consider that the addition of a
performance bond requirement would be more likely to prevent such damage than other
specified controls such as approved handler requirements?
4.127
Overall, the Committee is of the view that a control requiring performance bonds would
not be more effective or cost effective in terms of its effect on the management, use and
risks of hydrogen cyanamide than other controls that require the substance to be used
safely. Nor would such a control be more likely to achieve its purpose.
4.128
Accordingly, the Committee is not satisfied that a performance bond control would
meet the section 77A criteria, and declines to impose such a control to hydrogen
cyanamide.
Variation of Controls under Section 77
4.129
Under section 77(3), (4) and (5), the default controls determined by the hazardous
properties of the substance may be varied.
4.130
The Committee decided that the following variations should apply to hydrogen
cyanamide:
4.131
Control T1 relates to the requirement for limiting exposure to hydrogen cyanamide
through the setting of acceptable daily exposure values (ADEs) potential daily exposure
values (PDEs) and tolerable exposure limits (TELs). The Committee has set the
following ADE and PDEs for hydrogen cyanamide (active):
ERMA New Zealand Decision: Application HRC05001
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



4.132
4.133
ADE = 0.002 mg/kg bw/day
PDE (dermal exposure) = 0.0008 mg/kg bw/day
PDE (inhalation exposure) = 0.0008 mg/kg bw/day
PDE (food) = 0.0004 mg/kg bw/day.
ERMA New Zealand is considering a range of issues related to the introduction of TELs
including their setting, measurement and enforcement following the passage of
amendments to the Act in December 2005. Accordingly, the Committee is not setting
any TELs in relation to hydrogen cyanamide at this time.
Control T2 relates to the requirement to set Workplace Exposure Standards (WESs).
The Committee considers that this standard set on transfer of hydrogen cyanamide
should apply. This value is:
WES-TWA3 for hydrogen cyanamide (active)
2 mg/m3
4.134
Controls T4 and E6 are combined as they both relate to the same regulation pertaining
to requirements for equipment used to handle hazardous substances.
4.135
Control E1 requires that Environmental Exposure Limits (EELs) are established for
hydrogen cyanamide. The Committee notes that ERMA New Zealand is considering a
range of issues to do with EELs, including their setting, measurement and enforcement
following the passage of amendments to the Act in December 2005. Accordingly, the
Committee has not set any EELs in relation to hydrogen cyanamide at this time and the
default EELs set under Regulation 32 have been deleted.
4.136
Controls P3 and P13 are combined as they both relate to the packaging requirements
for hydrogen cyanamide. It is noted that control P13 takes precedence as it sets the
most stringent packaging requirements; however, the allowances from P3 have been
included for lesser quantities.
4.137
Controls D4 and D5 are combined as they all relate to disposal requirements for the
substance.
Recommendations
4.138
The Committee recommends that, should inappropriate or accidental use, transport or
disposal of hydrogen cyanamide 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.
4.139
The Committee strongly recommends that key stakeholders undertake a public
awareness programme that is aimed at ensuring (as a minimum) that occupiers of
neighbouring properties know:

the period when spraying is likely to occur;

that a spray plan will be available from the sprayer on request;
3
The WES-TWA is the time-weighted average (8 hours/day, 5 days/week) exposure standard designed to
protect the worker from the long-term effects of exposure.
ERMA New Zealand Decision: Application HRC05001
Page 25 of 43

that they will receive further detailed information of the intention to spray
before the intended use;

that they may, by written agreement with the sprayer, arrange to have
more or less frequent information about spraying of hydrogen cyanamide
provided; and

the details of the relevant person to contact at the regional council in the
event of a spray drift incident (in the case of the kiwifruit industry this
should also include the NZ Kiwifruit Growers Industry 0800 number currently 0800 232 505).
Environmental User Charges
4.140
The Committee considers that use of controls on hydrogen cyanamide is 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.
5
Decision
5.1
Pursuant to section 29 of the Act, the Committee has considered this application to
reassess a hazardous substance made under section 63 of the Act.
5.2
The Committee is satisfied that the controls, as varied in paragraphs 4.113 to 4.137 are
appropriate to manage the adverse effects of the hazardous substance.
5.3
Having considered the information provided and all the possible effects of the
hazardous substance, and having taken into account the application of controls in
accordance with section 29 of the Act, the view of the Committee is that the substance
poses negligible to medium risks to the environment and to human health and safety,
and massive benefits to the economy. As some of the risks are non-negligible, the
Committee considered the application in accordance with clause 27 and is satisfied that
the benefits (beneficial effects) associated with the substance outweigh the risks and
costs (adverse effects).
5.4
In accordance with clause 36(2)(b) of the Methodology the Committee records that, in
reaching this conclusion, it has applied the balancing tests in section 29 of the Act and
clause 27 of the Methodology.
5.5
It has also applied the following criteria in the Methodology:
 clause 9 - equivalent of sections 5, 6 and 8;
 clause 11 – characteristics of substance;
 clause 12 – evaluation of assessment of risks;
 clause 13 – evaluation of assessment of costs and benefits;
 clause 14 – costs and benefits accruing to New Zealand
 clause 21 – the decision accords with the requirements of the Act and regulations;
 clause 22 – the evaluation of risks, costs and benefits – relevant considerations;
 clause 24 – the use of recognised risk identification, assessment, evaluation and
management techniques;
ERMA New Zealand Decision: Application HRC05001
Page 26 of 43





5.6
clause 25 – the evaluation of risks;
clause 27 – risks and costs versus benefits;
clause 33 – risk characteristics;
clause 34 – the aggregation and comparison of risks, costs and benefits; and
clause 35 – the costs and benefits of varying the default controls.
The application for the reassessment of the hazardous substance hydrogen cyanamide is
thus approved, with controls as detailed in Appendix 1.
Tony Haggerty
Date 1 August 2006
Chair
ERMA New Zealand Approval Code:
soluble concentrates containing hydrogen
cyanamide (520-540 g/litre)
ERMA New Zealand Decision: Application HRC05001
HRC000001
Page 27 of 43
Appendix 1: List of Controls for hydrogen cyanamide
Control Codes and Explanations
Control
Code4
Regulation5
Explanation6
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 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.
The following ADE and PDEs for hydrogen cyanamide (active)
have been set
 ADE = 0.002 mg/kg bw/day
 PDE (dermal exposure) = 0.0008 mg/kg bw/day
 PDE (inhalation exposure) = 0.0008 mg/kg bw/day
 PDE (food) = 0.0004 mg/kg bw/day.
T2
29, 30
TELs have not been set 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.
WES-TWA for hydrogen cyanamide (active) 2 mg/m3
4
Note: The numbering system used in this column relates to the coding system used in the ERMA New Zealand Controls Matrix. This links the
hazard classification categories to the regulatory controls triggered by each category. It is available from the ERMA New Zealand website
www.ermanz.govt.nz/resources and is also contained in the ERMA New Zealand User Guide to the HSNO Control Regulations.
5
These Regulations form the controls applicable to this substance. Refer to the cited Regulations for the formal specification, and for definitions
and exemptions. The accompanying explanation is intended for guidance only.
6
These explanations are for guidance only. Refer to the cited Regulations for the formal specification, and for definitions and exemptions.
ERMA New Zealand Decision: Application HRC05001
Page 28 of 43
Control
Code4
T3
Regulation5
5(1), 6
T4, E6
7
T5
8
T6
9
Explanation6
Requirements for keeping records of use
A person using hydrogen cyanamide 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.
The information to be provided in the record is described in
Regulation 6(1). The record must be kept for a minimum of three
years following the use and must be made available to an enforcement
officer on request.
Requirements for equipment used to handle hazardous
substances
Any equipment used to handle hydrogen cyanamide (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 hydrogen
cyanamide 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 should be used, and the requirements for
maintaining the clothing/equipment.
Approved handler requirements
Where hydrogen cyanamide is held or used in any quantity, it must
be under the personal control of an approved handler, or locked up.
However, it 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.
The following regulation is inserted immediately after regulation 9:
9A Exception to approved handler requirement for transportation of
packaged pesticides
((1) Regulation 9 is deemed to be complied with if:
(a) when hydrogen cyanamide 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
ERMA New Zealand Decision: Application HRC05001
Page 29 of 43
Control
Code4
Regulation5
Explanation6
Licensing Act 1989 or a safety system which is
referred to in an approved safety case under the
Railways Act 2005; and
(ii) 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 Schedule 1 of the
Land Transport Rule 45001/1: Dangerous
Goods 2005, has a current dangerous
goods endorsement on his or her drivers
licence; or
(B) in every other case, the Land Transport
Rule 45001/1:Dangerous Goods 2005 is
complied with; or
(b) in the case of hydrogen cyanamide 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)—
(a) applies to pilots, aircrew, and airline ground
personnel loading and managing this substance
within an aerodrome; but
T7
10
(b) does not apply to the storage and handling of this
substance in any place that is not within an
aerodrome, or within an aerodrome by nonairline ground personnel;
(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
The maximum quantity per package of hydrogen cyanamide permitted
to be carried on passenger service vehicles is 0.1 L.
ERMA New Zealand Decision: Application HRC05001
Page 30 of 43
Control
Code4
Regulation5
Explanation6
Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 - Ecotoxic Property
Controls
E1
32-45
Limiting exposure to ecotoxic substances
This control relates to the setting of environmental exposure limits
(EELs). An EEL establishes the maximum concentration of an
ecotoxic substance legally allowable in a particular (non target)
environmental medium (e.g. soil or sediment or water), including
deposition of a substance onto surfaces (e.g. as in spray drift
deposition).
EELs have not been set at this time and the default EELs do not
apply.
E2
46-48
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.
E3
E5
49
5(2), 6
As EELs have not been set, an application rate has not been set at
this time.
Controls relating to protection of terrestrial invertebrates e.g.
beneficial insects
This Regulation applies to substances that are ecotoxic to terrestrial
invertebrates (class 9.4 substances) and prescribes controls to restrict
the use of such substances in situations where they may poses a high
risk to beneficial invertebrates e.g. honeybees.
Specifically, a person must not apply hydrogen cyanamide:
 in an area where bees are foraging and the substance is in a form
in which bees are likely to be exposed to it; or
 on specific plants likely to be visited by bees if the plant is in
open flower or part bloom, or is likely to flower within a specified
period of time following application of the substance (not longer
than 10 days).
Requirements for keeping records of use
A person using a substance that is hydrogen cyanamide for the
purposes of causing biocidal action must keep written records of that
use if 3 kg or more of the substance is applied within 24 hours in an
area where the substance is likely to enter air or water and leave the
place.
The information to be provided in the record is described in
Regulation 6(1). The record must be kept for a minimum of three
ERMA New Zealand Decision: Application HRC05001
Page 31 of 43
Control
Code4
Regulation5
Explanation6
years following the use and must be made available to an enforcement
officer on request.
Hazardous Substances (Identification) Regulations 2001
The Identification Regulations prescribe requirements with regard to
identification of hazardous substances in terms of:
 information that must be “immediately available” with the
substance (priority and secondary identifiers). This information is
generally provided by way of the product label;
 documentation that must be available in the workplace, generally
provided by way of SDS;
 signage at a place where there is a large quantity of the substance.
I1
6, 7, 32-35,
General identification requirements
36 (1)-(7)
These controls relate to the duties of suppliers and persons in charge
of hazardous substances with respect to identification (essentially
labelling) (Regulations 6 and 7), accessibility of the required
information (Regulations 32 and 33) and presentation of the required
information with respect to comprehensibility, clarity and durability
(Regulations 34, 35, 36(1)-(7))
Regulation 6 – Identification duties of suppliers
Suppliers of any hazardous substance must ensure it is labelled with
all relevant priority identifier information (as required by Regulations
8-17) and secondary identifier information (as required by
Regulations 18-30) before supplying it to any other person. This
includes ensuring that the priority identifier information is available to
any person handling the substance within two seconds (Regulation
32), and the secondary identifier information available within 10
seconds (Regulation 33).
Suppliers must also ensure that no information is supplied with the
substance (or its packaging) that suggests it belongs to a class or
subclass that it does not in fact belong to.
Regulation 7 – Identification duties of persons in charge
Persons in charge of any hazardous substance must ensure it is
labelled with all relevant priority identifier information (as required
by Regulations 8 to 17) and secondary identifier information (as
required by Regulations 18 to 30) before supplying it to any other
person. This includes ensuring that the priority identifier information
is available to any person handling the substance within two seconds
(Regulation 32), and the secondary identifier information 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.
ERMA New Zealand Decision: Application HRC05001
Page 32 of 43
Control
Code4
Regulation5
I3
9
I8
14
I9
18
I11
20
Explanation6
Regulations 34, 35, 36(1)-(7) – Comprehensibility, Clarity and
Durability of information
All required priority and secondary identifiers must be presented in a
way that meets the performance standards in these Regulations. In
summary:
 any information provided (either written 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 hydrogen cyanamide 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 certain toxic substances
This requirement specifies that hydrogen cyanamide 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 hydrogen cyanamide on the
product label. This information must be accessible within 10 seconds
(Regulation 33) and could be provided on secondary panels on the
product label. The following information is required:
 an indication (which may include its common name, chemical
name, or registered trade name) that unequivocally identifies it;
and
 enough information to enable its New Zealand importer, supplier,
or manufacturer to be contacted, either in person or by telephone;
and
 in the case of a substance which, when in a closed container, is
likely to become more hazardous over time or develop additional
hazardous properties, or become a hazardous substance of a
different class or subclass, a description of each likely change and
the date by which it is likely to occur.
Secondary identifiers for ecotoxic substances
This control relates to the additional label detail required for hydrogen
cyanamide. This information must be accessible within 10 seconds
ERMA New Zealand Decision: Application HRC05001
Page 33 of 43
Control
Code4
Regulation5
I16
25
Explanation6
(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 to
terrestrial vertebrates; harmful to terrestrial invertebrates).
Secondary identifiers for toxic substances
This control relates to the additional label detail required for hydrogen
cyanamide. 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
acutely toxic (oral, dermal, inhalation); irritating to the skin;
irritating to the eyes; contact sensitiser; suspected human
reproductive or developmental toxicity; toxic to human target
organs).
 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 hydrogen cyanamide (active)
The following shall appear on hydrogen cyanamide label:
I18
27
I19
29-31
Do not consume alcohol the day before or up to seven days after
application. In combination with alcohol, a severe temporary
reaction known as “cyanamide flush” may be produced. Symptoms
of cyanamide flush include skin flushing, dizziness, headache,
shortness of breath and a rapid pulse.
Use of Concentration Ranges
This control provides the option of providing concentration ranges for
those ingredients whose concentrations are required to be stated on
the product label as specified by Regulation 25(e).
Alternative information in certain cases
Regulation 29 – Substances in fixed bulk containers or bulk transport
containers
This Regulation relates to alternative ways of presenting the priority
and secondary identifier information required by Regulations 8 to 25
when substances are contained in fixed bulk containers or bulk
transport containers.
Regulation 29(1) specifies that for fixed bulk containers, it is
sufficient compliance if there is available at all times to people near
the container, information that identifies the type and general degree
of hazard of the substance. When class 1, 2, 3, 4 or 5 substances are
contained, there is an additional requirement that information must be
provided describing any steps to be taken to prevent an unintentional
ERMA New Zealand Decision: Application HRC05001
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Control
Code4
Regulation5
Explanation6
explosion, ignition combustion, acceleration of fire or thermal
decomposition.
Regulation 29(2) specifies that for bulk transport containers, it is
sufficient compliance if the substance is labelled or marked in
compliance with the requirements of the Land Transport Rule 45001,
Civil Aviation Act 1990 or Maritime Transport Act 1994.
Regulation 30 – Substances in multiple packaging
This Regulation relates to situations when hazardous substances are in
multiple packaging and the outer packaging obscures some or all of
the required substance information. In such cases, the outer
packaging must:
 be clearly labelled with all relevant priority identifier information
i.e. the hazardous properties of the substance must be identified;
or
 be labelled or marked in compliance with either the Land
Transport Rule 45001, Civil Aviation Act 1990 or the Maritime
Safety Act 1994 as relevant; or
 in the case of an ecotoxic substance, it must bear the EU
pictogram “Dangerous to the Environment” (‘dead fish and tree’
on orange background); or
 bear the relevant class or subclass label assigned by the UN
Model Regulations.
I20
36(8)
I21
37-39, 47-50
Regulation 31 – Alternative information when substances are
imported
This Regulation relates to alternative information requirements for a
hazardous substance 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.
Durability of information for class 6.1 substances
Any packaging in direct contact with hydrogen cyanamide must be
permanently identified as having contained a toxic substance, unless
the substance as packaged is restricted to a place of work.
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 hydrogen cyanamide is held in the
workplace in quantities equal to or greater than 0.1 L.
Regulation 37 – Documentation duties of suppliers
A supplier must provide documentation containing all relevant
information required by Regulations 39 to 48 when selling or
supplying to another person a quantity of a hazardous substance equal
ERMA New Zealand Decision: Application HRC05001
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Control
Code4
Regulation5
Explanation6
to or greater than 0.1 L, if the substance is to be used in a place of
work and the supplier has not previously provided the documentation
to that person.
Regulation 38 – Documentation duties of persons in charge of places
of work
The person in charge of any place of work where hazardous
substances are present in quantities equal to or greater than those
specified in Regulation 38 (and with reference to Schedule 2 of the
Identification Regulations), must ensure that every person handling
the substance has access to the documentation required for each
hazardous substance concerned. The person in charge must also
ensure that the documentation does not contain any information that
suggests that the substance belongs to a class or subclass it does not in
fact belong to.
Regulation 39 – General content requirements for documentation
The documentation provided with a hazardous substance must include
the following information:
 the unequivocal identity of the substance (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
substance;
 if the substance’s physical state may alter over the expected range
of workplace temperatures, the documentation must include a
description of the temperatures at which the changes in physical
state may occur and the nature of those changes;
 in the case of a substance that, when in a closed container, is
likely to become more hazardous over time or develop additional
hazardous properties, or become a hazardous substance of a
different class, the documentation must include a description of
each likely change and the date by which it is likely to occur;
 contact details for the New Zealand supplier / manufacturer
/importer;
 all emergency management and disposal information required for
the substance;
 the date on which the documentation was prepared;
 the name, concentration and CAS number of hydrogen
cyanamide.
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
ERMA New Zealand Decision: Application HRC05001
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Control
Code4
Regulation5
Explanation6
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 0.3 m.
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
I28
46
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 hydrogen cyanamide must include
the following information:
 its general degree and type of ecotoxic hazard (e.g. slightly
harmful to the aquatic environment; ecotoxic to terrestrial
vertebrates; harmful to terrestrial invertebrates.);
 a full description of the circumstances in which it may harm
living organisms and the extent of that harm;
 a full description of the steps to be taken to prevent harm to living
organisms;
 a summary of the available acute and chronic (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 toxic substances
The documentation provided with toxic substances must include the
following information:
 its general degree and type of toxic hazard; (e.g. acutely toxic
(oral, dermal, inhalation); irritating to the skin; irritating to the
eyes; contact sensitiser; suspected human reproductive or
developmental toxicity; toxic to human target organs).
 a full description of the circumstances in which it may harm
human beings;
 the kinds of harm it may cause to human beings;
 a full description of the steps to be taken to prevent harm to
human beings;
 if it will be a liquid during its use, the percentage of volatile
substance in the liquid formulation, and the temperature at which
the percentages were measured;
 a summary of the available acute and chronic (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
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Control
Code4
Regulation5
Explanation6
injury or ill health;
 any TELs or WESs set by the Authority.
The following shall appear on hydrogen cyanamide documentation:
I29
51-52
Do not consume alcohol the day before or up to seven days after
application. In combination with alcohol, a severe temporary
reaction known as “cyanamide flush” may be produced. Symptoms
of cyanamide flush include skin flushing, dizziness, headache,
shortness of breath and a rapid pulse.
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 hydrogen
cyanamide is held in quantities exceeding 1 000 L.
Signs are required:
 at every entrance to the building and/or location (vehicular and
pedestrian) where hazardous substances are present
 at each entrance to rooms or compartments where hazardous
substances are present;
 immediately adjacent to the area where hazardous substances are
located in an outdoor area.
The information provided in the signage needs to be understandable
over a distance of 10 metres and be sufficient to:
 advise that the location contains hazardous substances;
 describe the general type of hazard of each substance (e.g.
flammable);
 where the signage is immediately adjacent to the hazardous
substance storage areas, describe the precautions needed to safely
manage the substance (e.g. a 'No Smoking' warning near
flammable substances).
I30
53
Advertising toxic substances
Any advertisement for a hydrogen cyanamide 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 all hazardous substances must ensure that, when the
package is closed, there is no visible release of the substance, and that
it maintains its ability to retain its contents in temperatures from –10
o
C to +50 oC. 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
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Control
Code4
Regulation5
Explanation6
weakened by contact with the substance such that the foregoing
requirements cannot be met.
Regulation 6 – Packaging markings
Packages containing hazardous substances must not be marked in
accordance with the UN Model Regulations unless:
 the markings comply with the relevant provisions of that
document; and
 the packaging complies with the tests set out in Schedule 1, 2 or 3
(Packaging Regulations) respectively; and
 the design of the packaging has been test certified as complying
with those tests.
Regulation 7(1) – Requirements when packing hazardous substance
When packing any hazardous substance, account must be taken of its
physical state and properties, and packaging must be selected that
complies with the requirements of Regulation 5, and Regulations 9 to
21.
Regulation 8 – Compatibility
Hazardous substances must not be packed in packaging that has been
previously packed with substances with which it is incompatible
unless all traces of the previous substance have been removed.
P3, P13
9, 19
PG3
Schedule 3
PS4
Schedule 4
Regulation 9A and 9B – Large Packaging
Large packaging may be used to contain hazardous substances in New
Zealand if it has been constructed, marked and tested as a large
package as provided in Chapter 6.6 of the 13th revised edition of the
UNRTDG, 2003.
“Large Packaging” does not include:
 a tank, tank wagon or transportable container (as defined in the
Hazardous Substances (Tank Wagons and Transportable
Containers) Regulations 2004; or
 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
The packaging requirements are as follows:
 hydrogen cyanamide in quantities over 1 L must be packaged
according to Schedule 3 (UN PGIII), but may be packaged
according to either Schedule 3 or Schedule 4 when in quantities
equal to or less than 1 L.
This schedule describes the (minimum) packaging requirements that
must be complied with for this substance when packaged in quantities
of more than 1 L. The tests in Schedule 3 correlate to the packaging
requirements of UN Packing Group III (UN PGIII).
This schedule describes the minimum packaging requirements that
must be complied with for this substance when packaged in quantities
equal to or less than 1 L.
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Control
Code4
Regulation5
Explanation6
Hazardous Substances (Disposal) Regulations 2001
D4, D5
8, 9
Disposal requirements for toxic substances
Hydrogen cyanamide must be disposed of by:
 treating the substance so that it is no longer a hazardous
substance, including depositing the substance in a landfill,
incinerator or sewage facility. However, this does not include
dilution of the substance with any other substance prior to
discharge to the environment; or
 discharging the substance to the environment provided that after
reasonable mixing, the concentration of the substance in any part
of the environment outside the mixing zone does not exceed any
TEL (tolerable exposure limit) or any EEL (environmental
exposure limit) set by the Authority for that substance; or
 exporting the substance from New Zealand as a hazardous waste.
D6
10
Disposal requirements for packages
This control gives the disposal requirements for packages that
contained a hazardous substance and are no longer to be used for that
purpose. Such packages must be either decontaminated/treated or
rendered incapable of containing any substance (hazardous or
otherwise) and then disposed of in a manner that is consistent with the
disposal requirements for the substance. In addition, the manner of
disposal must take into account the material that the package is
manufactured from.
D7
11, 12
Disposal information requirements
These controls relate to the provision of information concerning
disposal (essentially on the label) that must be provided when selling
or supplying any quantity of hydrogen cyanamide.
D8
13, 14
Information must be provided on appropriate methods of disposal and
information may be supplied warning of methods of disposal that
should be avoided i.e. 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 hydrogen cyanamide that exceeds 0.1 L.
The documentation must describe one or more methods of disposal
(that comply with the Disposal Regulations) and describe any
precautions that must be taken. Such documentation must be
accessible to a person handling 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 any
quantity of hydrogen cyanamide.
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Control
Code4
Regulation5
Explanation6
Regulation 6 describes the duties of suppliers, Regulation 7 describes
the duties of persons in charge of places, Regulation 9 describes the
requirement for the availability of the information (10 seconds) and
Regulation 10 gives the requirements relating to the presentation of
the information with respect to comprehensibility, clarity and
durability. These requirements correspond with those relating to
secondary identifiers required by the Identification Regulations (code
I1, Regulations 6, 7, 32–35, 36(1)-(7)).
EM6
8(e)
EM7
8(f)
EM8
12-16, 18-20
Regulation 11 provides for the option of complying with the
information requirements of the transport rules when the substance is
being transported.
Information requirements for toxic substances
The following information must be provided when hydrogen
cyanamide is present in any quantity.
 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 hydrogen
cyanamide when present in quantities equal to or greater than 0.2 L:
 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 hydrogen cyanamide is sold
or supplied, or held in a workplace, in quantities equal to or greater
than 0.1 L.
Regulations 12 and 13 describe the duties of suppliers, regulation 14
describes the duties of persons in charge of places of work, regulation
15 provides for the option of complying with documentation
requirements of the transport rules when the substance is being
transported, and regulation 16 specifies requirements for general
contents of the documentation.
EM11
25-34
Regulation 18 prescribes location and presentation requirements for
the documentation, i.e. it must be available within 10 minutes, be
readily understandable, comprehensible and clear. These
requirements correspond with those relating to documentation
required by the Identification regulations (code I21).
Level 3 emergency management requirements – emergency
response plans
These Regulations relate to the requirement for an emergency
response plan to be available at any place (excluding aircraft or ships)
where hydrogen cyanamide is held (or reasonably likely to be held on
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Control
Code4
EM12
EM13
Regulation5
35-41
42
Explanation6
occasion) in quantities greater than 100 L.
The emergency response plan must describe all of the likely
emergencies that may arise from the breach or failure of controls.
The type of information that is required to be included in the plan is
specified in Regulations 29 to 30. Requirements relating to the
availability of equipment, materials and people are provided in
Regulation 31, requirements regarding the availability of the plan are
provided in Regulation 32 and requirements for testing the plan are
described in Regulation 33.
Level 3 emergency management requirements – secondary
containment
These Regulations relate to the requirement for a secondary
containment system to be installed at any fixed location where
hydrogen cyanamide is held in quantities equal to or greater than 100
L.
Regulation 36 prescribes requirements for secondary containment
systems for pooling substances. 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 hydrogen cyanamide is held in
quantities equal to or greater than 1 000 L.
The signage must advise of the action to be taken in an emergency
and must meet the requirements for comprehensibility and clarity as
defined in Regulations 34 and 35 of the Identification Regulations.
Hazardous Substances (Personnel Qualification) Regulations 2001
AH1
4-6
Approved Handler requirements
Hydrogen cyanamide is required to be under the control of an
approved handler during specified parts of the lifecycle. An approved
handler is a person who holds a current test certificate certifying that
they have met the competency requirements specified by the
Personnel Qualification Regulations in relation to handling specific
hazardous substances.
Regulation 4 describes the test certification requirements, regulation 5
describes the qualification (competency and skill) requirements and
regulation 6 describes situations where transitional qualifications for
approved handlers apply.
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Control
Code4
Regulation5
Explanation6
See Control T6 for the approved handler control.
Hazardous Substances (Tracking) Regulations 2001
TR1
4(1), 5, 6
General tracking requirements
Hydrogen cyanamide is subject to tracking requirements, i.e. the
location and movement of the substance must be recorded at each
stage of its lifecycle until its final disposal.
The person in charge of the place where the tracked substance is kept
is responsible for ensuring that the necessary information is included
in the record. This information to be provided is specified in
Schedule 2 of the Tracking Regulations, and includes information on
the identification of the approved handler, and on the identification,
quantity, location and disposal of the substance. The record must
meet the location and presentation requirements specified in Part 2 of
the Identification Regulations, i.e. it must be accessible within 10
minutes and meet the performance standards for comprehensibility
and clarity [Regulation 5(1) and (2)].
If a tracked substance is transferred to another place, the person in
charge must ensure that the record is retained for a period of 12
months. If the substance has undergone treatment that results in it no
longer being a tracked substance, or if it has been intentionally or
unintentionally disposed of, the record must be kept for 3 years.
However these requirements do not apply to places that are vehicles.
[Regulation 5(3) and (4)].
Regulation 6 prescribes requirements relating to the transfer of
tracked substances from one place to another. Specifically, the person
in charge may only transfer the tracked substance to another place if
they have received confirmation that:
 an approved handler is present at the place receiving the
substance;
 the place receiving the substance meets any location test
certification requirements;
 any place where the substance is to be held during transit
complies with the relevant requirements of the Hazardous
Substances (Emergency Management) Regulations and
Hazardous Substances (Classes 1 to 5 Controls) Regulations.
Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004
Regulations 4 The Hazardous Substances (Tank Wagons and Transportable
to 43 where
Containers) Regulations 2004 prescribe a number of controls relating
applicable
to tank wagons and transportable containers and must be complied
with as relevant.
Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notices
Schedule 8,
The controls relating to stationary container systems, as set out in
DGTN
Schedule 8 of the Hazardous Substances (Dangerous Goods and
March 2004
Scheduled Toxic Substances) Transfer Notice (New Zealand Gazette
Issue No 35, 26 March 2004, as amended by Issue No. 128, 1 October
2004, by Issue No. 208, 16 December 2005, by Issue No. 70, 27 June
2006 and by Issue No. 76, 27 June 2006), shall apply to this substance,
notwithstanding clause 1(1) of that schedule.
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