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Read the Hazardous Substances Update February 2017

​28 February 2017 
Read the latest issue of Hazardous Substances Update
Hazardous Substances Update #165 February 2017
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February 2017
Working Safer Reforms: Hazardous Substances
EPA notices recap: We’re progressing our work on the EPA notices, which are a new way for the EPA to set rules under the Hazardous Substances and New Organisms Act.

Last year we consulted, or updated you, on our EPA notice proposals for hazardous substance:

  • disposal
  • classification
  • forms and information
  • rules to protect the general public and the environment
  • labelling
  • safety data sheets and
  • packaging

We also consulted on a proposed amendment to the Importers and Manufacturers Information Notice for import certificates for explosives.
We’d like to thank everyone who has provided submissions on our proposals. Your feedback has been invaluable as we finalise the policy behind these notices. 

Timing for EPA notices coming into force: Other than the two EPA notices already in force, the rest of the notices are proposed to be in force in December this year. While new approvals will need to immediately comply with the notices, existing approvals will be given time to comply with most of the new requirements.

The EPA notices will work with the Health and Safety at Work (Hazardous Substances) Regulations to ensure there are no regulatory gaps in hazardous substances management in New Zealand. The regulations are expected to be finalised in the first quarter of this year, also coming into effect in December 2017. 

Consultations coming soon: Over the coming weeks we will be asking for your feedback on:

Draft hazardous property controls notice: In October 2016, we called for submissions on proposals to protect the general public and the environment from hazardous substances.  We received 57 submissions, which have helped us finalise the policy behind our proposal. We will shortly release a draft notice giving more detail about how these proposals will be implemented and again ask for your feedback.

Transitional regulations consultation: The transitional regulations will make sure that any requirements set in the Hazardous Property Controls Notice that cover regulatory gaps created by workplace hazardous substance controls moving to the Health and Safety at Work Act will be in force for all existing and new approvals from December 2017.

We're working on guidance to explain the new rules: We’re working on guidance to explain new requirements set out in the EPA notices. As drafts of this guidance are developed we’ll be asking for your feedback.

If you’d like to review the guidance to make sure it’s helpful for your purposes, please email us at hsreform@epa.govt.nz and we will email you the guidance as it becomes available.


Assigning a substance to an approval

Before importing or manufacturing a hazardous substance you must first check it has an approval. Here’s a step-by-step process that explains what’s involved.

1.   First you must classify your product, this means identifying the hazards associated with the substance. You can ask your supplier for a safety data sheet (SDS), section 2 of which will list the substance’s hazardous properties. Finding out whether your substance is hazardous is the first step in making sure your substance is approved for use in New Zealand.

2.   The next step is to assign your hazardous substance to an approval. Check if your hazardous substance is covered by an existing approval. It might be covered under a group standard approval which is for hazardous substances of a similar nature, type or use. Our website lists the group standards.

If there is no group standard the substance might be covered under an individual approval. You can search our website for information on approved hazardous substances.

If you can’t do this yourself, you should seek expert advice. Look online for hazardous substances consultants or contact the Health and Safety Association of New Zealand, (HASANZ) for advice. The expert you use will let you know what information you need to provide to allow them to classify your product. However, a good first step will be to get a copy of the safety data sheet for that substance.

Alternatively, you can apply to the EPA for help by using this application form and supplying us with the required information. Here is the application form, there is a fee for using this service.

3.   Keep a record of assignment. You need to keep a record of why you assigned your product to a particular approval. You can use this template for your record of assignment:

4.   As you are importing or manufacturing a hazardous substance, you are required to supply us with your business contact details. We have created a form to make easy for you to supply your business contact details to us. The form and rules are our website here:

Importer and Manufacturer Notification Form

Hazardous Substances (Importers and Manufacturers Information) Notice 2015


Recent hazardous substance application and reassessment decisions

Recent decisions for publicly notified applications are listed on the "recent hazardous substances application and reassessment decisions" page of the EPA website as they are released. Below this section is a monthly summary of all hazardous substance applications by calendar month, with the application number linking to the application summary and documents. The decisions for December 2016 and January 2017 are listed below, or you can go to our website to view decisions from previous months. Go to the recent decisions page.

Decisions on hazardous substances applications in December 2016 and January 2017

Decisions were made on the following hazardous substances applications in this period:

APP202073 by Dulux Group (New Zealand) Pty Ltd. Manufacture or import Yates Tomato and Vegetable Dust for use as a foliar dustable powder dual action insecticide and fungicide for the control of various diseases and pests on vegetables and tomatoes by home gardeners.
Decision: Approved with Controls and decision notified on 5 December 2016

APP202959 by Donaghys Limited to manufacture Donaghys Clopyralid 300, a soluble concentrate herbicide containing 300 g/L clopyralid as amine salt.
Decision: Approved with Controls and decision notified on 5 December 2016

APP202904 by Adama New Zealand Limited to seek approval for MAVRIK DUO, insecticide containing 18 g/L Tau-fluvalinate and 50 g/L Pirimicarb in an oil in water emulsion (EW) formulation for control of various pests in fruits and vegetables as mentioned in directions for use.
Decision: Approved with Controls and decision notified on 6 December 2016

APP202933 by Dow AgroSciences (NZ) Ltd. to import for release GF-3339, a water dispersible granule herbicide containing 50 g/kg halauxifen-methyl and 150 g/kg pyroxsulam for the control of grass and broadleaf weeds in cereals.

Decision: Approved with Controls and decision notified on 7 December 2016

APP203064 by Kiwicare Corporation Limited to determine if WWs170 is hazardous.
Decision: Determination made and decision notified on 7 December 2016

APP202838 by AR and JA Drysdale Limited to NZ import BedLam Insecticide, which contains d-phenothrin 0.4 %w/w and synergist MGK-264 1.6% w/w as a compressed liquefied gas for use as an aerosol by professionals to control a range of insect pests (bed bugs, lice, dust mites) on surfaces, cracks or in crevices of mattresses, furniture.
Decision: Approved with Controls and decision notified on 9 December 2016

APP203055 by Global Agrichem Limited to import Flufixer, a fungicide containing the active ingredient fluazinam for the control of a wide range of diseases in grapes, field, tomatoes, potatoes and vegetable brassicas.
Decision: Determination made and decision notified on 9 December 2016

APP203022 by Koppers Performance Chemicals New Zealand to import or manufacture Hylite NCF, a water soluble concentrate containing 5.2% w/v iodocarb, 62.4% w/v benzalkonium chloride, 5.3% propiconazole and 5.7% w/v fenpropimorph.
Decision: Approved with Controls and decision notified on 15 December 2016

APP203033 by Kiwicare Corporation Limited to manufacture ‘FAE-RTU 398’ as an alternative weed-killer to glyphosate for the control of weeds commonly found in home and gardens.
Decision: Approved with Controls and decision notified on 16 December 2016

APP202867 by WasteMINZ to determine if there are grounds to reassess clopyralid-containing products.
Decision: Grounds exist for reassessment and decision notified on 19 December 2016

APP203007 by Paramount Merchandise to approve Maxcare, a domestic insecticide containing the active ingredients, Permethrin (0.2%), Tetramethrin (0.3%) and cypermethrin (0.2%) in the form of a flammable aerosol.
Decision: Approved with Controls and decision notified on 19 December 2016

APP203075 by Virbac (Aust) Pty Limited to determine if MOXIDECTIN LEVAMISOLE POUR-ON FOR CATTLE is hazardous.
Decision: Determination made and decision notified on 9 January 2017

APP202896 by Decco Worldwide Post-Harvest Holdings, BV to import TRUPICK, a new agricultural chemical product containing 6 g/kg of 1-Methylcyclopropene (1-MCP) in a water dispersible liquid capsule formulation by extending the storage life and quality of many fruits and vegetables, including apples and other pome fruits.
Decision: Approved with Controls and decision notified on 20 January 2017

APP203060 by Clear Herd Management Ltd to determine if CH 001 is hazardous.
Decision: Determination made and decision notified on 20 January 2017

APP202923 by Syngenta Crop Protection Limited to import Minecto Star containing 100 g/kg cyantraniliprole plus 500 g/kg pymetrozine as a wettable granule (WG) formulation for use as an insecticide for the control of chewing (Lepidoptera) and sucking (Hemiptera, Diptera) pests in forage brassica crops.
Decision: Approved with Controls and decision notified on 25 January 2017

APP203114 by Shandong Rainbow International Co Limited to determine if SMARTSPRAY is hazardous.
Decision: Determination made and decision notified on 26 January 2017

APP203003 by Agilent Technologies, Inc. to import recombinant Perfringolysin O, a 53 kDa protein for research use.
Decision: Approved with Controls and decision notified on 30 January 2017

APP203112 by Shandong Rainbow International Co Limited to import Hambeet into New Zealand, a herbicide containing the active ingredients phenmedipham and Desmedipham, for the control of broad-leaved weeds in fodder, sugar and red beets.
Decision: Approved with Controls and decision notified on 30 January 2017

Withdrawn hazardous substances applications

No HS applications, previously notified, were withdrawn during this period.

Amendments to hazardous substances approvals

No amendments were made under section 67A of the HSNO Act for minor or technical errors, decided by the EPA or the Chief Executive under delegated powers from the EPA during this period.


Keep up to date with EPA consultation

You can sign up to receive consultation notifications by subscribing to the EPA's consultation news feed or to receive consultation updates via email. We'll also tweet about any consultation openings and closings. 


 

2017 teresa.housel@epa.govt.nz, All rights reserved.

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