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ANNEX TO DECISION
Application for the Reassessment of a Group of Hazardous Substances under Section 63 of the Hazardous Substances and New Organisms Act 1996 15 September 2015
APP202097: Dichlorvos and its formulations
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Decision on the application for reassessment of dichlorvos and its formulations (APP202097) – Controls Annex
September2015
Introduction
This document is an Annex accompanying the EPA decision making committee’s decision on the
Application for reassessment of dichlorvos and its formulations. It sets out in full the specific controls
to be applied to each substance which has been given an approval.
In the interests of clarity, this document also contains the controls that apply to substances covered
by revoked approvals for the duration of their disposal period (i.e. until 16 March 2016). The controls
detailed for the two revoked approvals are the same as the controls that applied to these substances
immediately prior to their revocation.
The decision document can be found on the EPA website.
Table of Contents
Introduction ............................................................................................................................................ 2
Table of Contents ................................................................................................................................... 2
Part 1: Controls for approved substances .......................................................................................... 3
HSR002838 – Dichlorvos ............................................................................................................. 4
HSR000211 - Emulsifiable concentrate containing 1000 g/litre dichlorvos ......................... 14
HSR000213 - Emulsifiable concentrate containing 1140 g/litre dichlorvos ......................... 35
HSR000212 - Aerosol containing 50 g/kg dichlorvos ............................................................. 56
Part 2: Controls for use of substances with revoked approvals..................................................... 72
HSR000207 - Flammable aerosol containing 3.1 g/litre dichlorvos
and 8.7 g/litre propoxur ............................................................................................................. 73
HSR000209 - Ready to use liquid containing 4.4 g/litre dichlorvos
and 9.6 g/litre propoxur ............................................................................................................. 81
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Decision on the application for reassessment of dichlorvos and its formulations (APP202097) – Controls Annex
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Part 1: Controls for approved substances
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Decision on the application for reassessment of dichlorvos and its formulations (APP202097) – Controls Annex
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HSR002838 – Dichlorvos
Table HSR002838-1. Controls for the substance “Dichlorvos” (HSR002838)
Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
Code Regulation Description Variation
T1 Regs 11 –
27
Limiting exposure
to toxic
substances
through the setting
of TELs
No TEL values are set for this substance at this time.
T2 Regs 29, 30 Controlling
exposure in places
of work through
the setting of
WESs.
Workplace Exposure Standards:
Under regulation 29(2) of the Hazardous Substance (Classes
6, 8, and 9 Controls) Regulations 2001, the Authority adopts
as workplace exposure standards for this substance, any
applicable value or values specified in the document
described in “Workplace Exposure Standards and Biological
Indices”, published by the Ministry of Business, Innovation
and Employment, February 2013, available at
http://www.business.govt.nz/worksafe/information-
guidance/all-guidance-items/workplace-exposure-standards-
and-biological-exposure-indices/workplace-exposure-
standards-and-biological-indices-2013.pdf
T3 Regs 5(1), 6 Requirements for
keeping records of
use
T4 Reg 7 Requirements for
equipment used to
handle substances
T5 Reg 8 Requirements for
protective clothing
and equipment
T6 Reg 9 Approved
handler/security
requirements for
certain toxic
substances
Regulation 9 of the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
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 this substance is being transported on land—
(i) by rail, the person who drives the rail vehicle
that is transporting the substance is fully
trained in accordance with the approved
safety system for the time being approved
under section 6D of the Transport Services
Licensing Act 1989; and
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(ii) other than by rail, the person who drives,
loads, and unloads the vehicle that is
transporting the substance has a current
dangerous goods endorsement on his or her
driver licence; and
(iii) in all cases, Land Transport Rule: Dangerous
Goods 1999 (Rule 45001) is complied with; or
(b) when this substance is being transported by sea,
one of the following is complied with:
(i) Maritime Rules: Part 24A – Carriage of
Cargoes – Dangerous Goods (MR024A):
(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—
(i) the handling of this substance in any place
that is not within an aerodrome; or
(ii) the loading and managing of this substance
for the purpose of aerial spraying or dropping.
(4) In this regulation, UN Model Regulations means the 17th
revised edition of the Recommendation on the transport
of Dangerous Goods Model Regulations, published in
2013 by the United Nations.
T7 Reg 10 Restrictions on the
carriage of toxic or
corrosive
substances on
passenger service
vehicles
Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
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Code Regulation Description Variation
E1 Regs 32 –
45
Limiting exposure to
ecotoxic substances
through the setting of
EELs
Regulation 32 of the Hazardous Substances (Classes 6,
8, and 9 Controls) Regulations 2001
Regulation 32 subclauses (1) and (2) are deleted.
Explanation: The default Environmental Exposure Limits
(EEL) are deleted. No EEL is set for this substance at this
time.
E3 Reg 49 Controls relating to
protection of
terrestrial
invertebrates eg
beneficial insects
E5 Regs 5(2), 6 Requirements for
keeping records of
use
E6 Reg 7 Requirements for
equipment used to
handle substances
E7 Reg 9 Approved
handler/security
requirements for
certain ecotoxic
substances
Regulation 9 of the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
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 this substance is being transported on
land—
(i) by rail, the person who drives the rail vehicle
that is transporting the substance is fully
trained in accordance with the approved
safety system for the time being approved
under section 6D of the Transport Services
Licensing Act 1989; and
(ii) other than by rail, the person who drives,
loads, and unloads the vehicle that is
transporting the substance has a current
dangerous goods endorsement on his or her
driver licence; and
(iii) in all cases, Land Transport Rule: Dangerous
Goods 1999 (Rule 45001) is complied with;
or
(b) when this substance is being transported by sea,
one of the following is complied with:
(i) Maritime Rules: Part 24A – Carriage of
Cargoes – Dangerous Goods (MR024A):
(ii) International Maritime Dangerous Goods
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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—
(i) the handling of this substance in any place
that is not within an aerodrome; or
(ii) the loading and managing of this substance
for the purpose of aerial spraying or
dropping.
(4) In this regulation, UN Model Regulations means the
17th revised edition of the Recommendation on the
transport of Dangerous Goods Model Regulations,
published in 2013 by the United Nations.
Hazardous Substances (Identification) Regulations 2001
Code Regulation Description Variation
I1 Regs 6, 7,
32 – 35,
36(1) – (7)
Identification
requirements, duties
of persons in charge,
accessibility,
comprehensibility,
clarity and durability
I3 Reg 9 Priority identifiers for
ecotoxic substances
I8 Reg 14 Priority identifiers for
toxic substances
I9 Reg 18 Secondary identifiers
for all hazardous
substances
I11 Reg 20 Secondary identifiers
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for ecotoxic
substances
I16 Reg 25 Secondary identifiers
for toxic substances
I17 Reg 26 Use of generic
names
I18 Reg 27 Requirements for
using concentration
ranges
I19 Regs 29 –
31
Additional
information
requirements,
including situations
where substances
are in multiple
packaging
I20 Reg 36(8) Durability of
information for class
6.1 substances
I21 Regs 37 –
39, 47 – 50
General
documentation
requirements
I23 Reg 41 Specific
documentation
requirements for
ecotoxic substances
I28 Reg 46 Specific
documentation
requirements for
toxic substances
I29 Regs 51, 52 Signage
requirements
I30 Reg 53 Advertising corrosive
and toxic substances
Hazardous Substances (Packaging) Regulations 2001
Code Regulation Description Variation
P1 Regs 5, 6,
7(1), 8
General packaging
requirements
P3 Reg 9 Criteria that allow
substances to be
packaged to a
standard not meeting
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Packing Group I, II or
III criteria
P13 Reg 19 Packaging
requirements for
toxic substances
P15 Reg 21 Packaging
requirements for
ecotoxic substances
PG2 Schedule 2 Packaging
requirements
equivalent to UN
Packing Group II
PS4 Schedule 2 Packaging
requirements as
specified in Schedule
4
Hazardous Substances (Disposal) Regulations 2001
Code Regulation Description Variation
D4 Reg 8 Disposal
requirements for
toxic and corrosive
substances
D5 Reg 9 Disposal
requirements for
ecotoxic substances
D6 Reg 10 Disposal
requirements for
packages
D7 Regs 11, 12 Information
requirements for
manufacturers,
importers and
suppliers, and
persons in charge
D8 Regs 13, 14 Documentation
requirements for
manufacturers,
importers and
suppliers, and
persons in charge
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Hazardous Substances (Emergency Management) Regulations 2001
Code Regulation Description Variation
EM1 Regs 6, 7, 9
– 11
Level 1 information
requirements for
suppliers and
persons in charge
EM6 Reg 8(e) Information
requirements for
toxic substances
EM7 Reg 8(f) Information
requirements for
ecotoxic substances
EM8 Regs 12 –
16, 18 – 20
Level 2 information
requirements for
suppliers and
persons in charge
EM11 Regs 25 –
34
Level 3 emergency
management
requirements: duties
of person in charge,
emergency response
plans
EM12
Regs 35 –
41
Level 3 emergency
management
requirements:
secondary
containment
The following subclauses are added after subclause (3) of
regulation 36:
(4) For the purposes of this regulation, and regulations 37
to 40, where this substance is contained in pipework
that is installed and operated so as to manage any loss
of containment in the pipework it—
(a) is not to be taken into account in determining
whether a place is required to have a secondary
containment system; and
(b) is not required to be located in a secondary
containment system.
(5) In this clause, pipework—
(a) means piping that—
(i) is connected to a stationary container; and
(ii) is used to transfer a hazardous substance
into or out of the stationary container; and
(b) includes a process pipeline or a transfer line.
The following subclauses are added at the end of regulation
37:
(2) If pooling substances which do not have class 1 to 5
hazard classifications are held in a place above ground
in containers each of which has a capacity of 60 litres or
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less—
(a) if the place’s total pooling potential is less than
20,000 litres, the secondary containment system
must have a capacity of at least 25% of that total
pooling potential:
(b) if the place’s total pooling potential is 20,000 litres
or more, the secondary containment system must
have a capacity of the greater of—
(i) 5% of the total pooling potential; or
(ii) 5,000 litres.
(3) Pooling substances to which subclause (2) applies must
be segregated where appropriate to ensure that
leakage of one substance may not adversely affect the
container of another substance.
The following subclauses are added at the end of regulation
38:
(2) If pooling substances which do not have class 1 to 5
hazard classifications are held in a place above ground
in containers 1 or more of which have a capacity of
more than 60 litres but none of which have a capacity of
more than 450 litres—
(a) if the place’s total pooling potential is less than
20,000 litres, the secondary containment system
must have a capacity of either 25% of that total
pooling potential or 110% of the capacity of the
largest container, whichever is the greater:
(b) if the place’s total pooling potential is 20,000 litres
or more, the secondary containment system must
have a capacity of the greater of—
(i) 5% of the total pooling potential; or
(ii) 5,000 litres
(3) Pooling substances to which subclause (2) applies must
be segregated where appropriate to ensure that the
leakage of one substance may not adversely affect the
container of another substance.
EM13 Reg 42 Level 3 emergency
management
requirements:
signage
Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001
Code Regulation Description Variation
AH1 Regs 4 to 6 Approved Handler
requirements
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(including test
certificate and
qualification
requirements)
Hazardous Substances (Tracking) Regulations 2001
Code Regulation Description Variation
TR1 Regs 4(1), 5,
6
General tracking
requirements
Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004
Code Regulation Description Variation
Tank
Wagon
Regs 4 to 43 as
applicable
Controls relating to tank wagons
and transportable containers.
Additional Controls
Specification of pesticide and veterinary medicine actives
(1) Any person who—
(a) manufactures or imports into New Zealand this hazardous substance, which that person has not
previously manufactured or imported on or before 1 July 2006; or
(b) had previously manufactured or imported this hazardous substance on or before 1 July 2006, but
that person has since modified the manufacturing process or changed the source of manufacture for
that hazardous substance,
must provide to the Authority in writing the information required by subclauses (3) and (4).
(2) The information required by subclause (1) must be provided—
(a) in the case of a substance that is manufactured in New Zealand prior to that substance being sold to
another person or used in accordance with clause 1 of Schedule 3; or
(b) in the case of a substance that is imported into New Zealand, prior to that substance being imported;
and
(c) in the case of a substance to which subclause (1)(b) applies—
(i) each and every time the manufacturing process or source of manufacture is changed; and
(ii) include equivalent information for the substance that was produced by the manufacturing
process before it was modified, or supplied by the previous source of manufacture, if such
information has not previously been provided to the Authority.
(3) The information to be provided is—
(a) the name and address of the manufacturer of the substance;
(b) the specification of the substance including either—
(i) the full name, including relevant citation, of the national and/or international standard(s) set by
an international scientific or regulatory body recognised by the Authority with which the
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substance complies, and evidence to support this; or
(ii) the manufacturer’s specifications including purity of the hazardous substance, isomeric ratio
where applicable, maximum impurity content and evidence to support these, including details
of analytical methods used. Where the substance is produced at more than one manufacturing
site, this information must be provided for each site separately;
(c) the identity of any impurity, its origin, and the nature of its relationship to the active component when
the impurity is present at a concentration of 10 g/kg or more;
(d) the identity of any impurity that is known to be of toxicological concern, its origin, and the nature of
its relationship to the active component, when the impurity is present at a concentration of less than
10 g/kg;
(4) Information on an impurity that is required under subclause (3) must include—
(a) its chemical name;
(b) its Chemical Abstract Service Registry number (if available); and
(c) its maximum concentration in the substance.
Prohibition on use of substances
(1) No person may use a this hazardous substance for any purpose other than—
(a) for research and development; or
(b) as an ingredient or component in the manufacture of another substance or product.
(2) Despite subclause (1)(a), research and development using this substance does not include investigation
or experimentation in which the substance is discharged, laid or applied in or to the outdoor environment.
Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)
Transfer Notice 2004
The following clause replaces clause 1 (1) of Schedule 8 of the Hazardous Substances (Dangerous Goods and
Scheduled Toxic Substances) Transfer Notice 2004:
(1) This Schedule applies to every stationary container system that contains, or is intended to contain this
substance.
Explanatory note:
This schedule prescribes the controls for stationary container systems. The requirements of this schedule are
detailed in the consolidated version of the Hazardous Substances (Dangerous Goods and Schedule Toxic
Substances) Transfer Notice 2004, available from http://www.epa.govt.nz/Publications/Transfer-Notice-35-
2004.pdf .
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HSR000211 - Emulsifiable concentrate containing 1000 g/litre dichlorvos
Table HSR000211-1. Controls for the substance “Emulsifiable concentrate containing 1000 g/litre
dichlorvos” (HSR000211)
Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001
Code Regulation Description Variation
F2 Reg 8 Restrictions on the
carriage of flammable
substances on
passenger service
vehicles
F6 Regs 60 –
70
Requirements to
prevent unintended
ignition of class 2.1.1,
2.1.2 and 3.1
substances
F11 Reg 76 Segregation of
incompatible
substances
Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
Code Regulation Description Variation
T1 Regs 11 –
27
Limiting exposure
to toxic
substances
through the setting
of TELs
No ADE, PDE or TEL values are set for this substance at this
time.
T2 Regs 29, 30 Controlling
exposure in places
of work through
the setting of
WESs.
Workplace Exposure Standards:
Under regulation 29(2) of the Hazardous Substance (Classes
6, 8, and 9 Controls) Regulations 2001, the Authority adopts
as workplace exposure standards for this substance, and
each component of this substance, any applicable value or
values specified in the document described in “Workplace
Exposure Standards and Biological Indices”, published by the
Ministry of Business, Innovation and Employment, February
2013, available at
http://www.business.govt.nz/worksafe/information-
guidance/all-guidance-items/workplace-exposure-standards-
and-biological-exposure-indices/workplace-exposure-
standards-and-biological-indices-2013.pdf
T3 Regs 5(1), 6 Requirements for
keeping records of
use
REQUIREMENT TO KEEP RECORDS OF APPLICATION
The following variations take effect on 15 March 2016:
Clauses (1) and (2) of regulation 5 of the Hazardous
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Substances (Classes 6, 8 and 9 Controls) Regulations 2001
are deleted and replaced with the following:
A person in charge of this substance must ensure that a
written record of each application of the substance is kept.
MATTERS TO BE INCLUDED IN RECORD
The following subclauses are added after subclause (g) of
clause (1) of regulation 6 of the Hazardous Substances
(Classes 6, 8 and 9 Controls) Regulations 2001:
(h) measures implemented to comply with an REI
required by Additional Control 6 (AC6):
(i) size of the Application Area, and any associated
Enclosed Space:
(j) the location and extent of any Exclusion Zone as
required by Additional Control 7 (AC7), or Buffer
Zone as required by Additional Control 8 (AC8):
(k) the application method used to apply the
substance:
(l) quantity of dichlorvos handled by each person
involved in the application, in relation to the
requirements of Additional Control 4 (AC4):
(m) measures implemented to monitor worker
exposures to dichlorvos:
(n) where notification is required under Additional
Control 11 (AC11), details of how it was
determined who should be notified, who was
notified, and what information was provided.
T4 Reg 7 Requirements for
equipment used to
handle substances
T5 Reg 8 Requirements for
protective clothing
and equipment
From 15 September 2017, this control no longer applies to
this substance.
Explanatory note: the requirements are replaced by the
requirements of additional control AC5: Personal Protective
Equipment, detailed below.
T6 Reg 9 Approved
handler/security
requirements for
certain toxic
substances
Regulation 9 of the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
The following regulation is inserted immediately after
regulation 9:
9A Exception to approved handler requirement for
transportation of packaged pesticides
(5) Regulation 9 is deemed to be complied with if:
(a) when this substance is being transported on land—
(i) by rail, the person who drives the rail vehicle
that is transporting the substance is fully
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Decision on the application for reassessment of dichlorvos and its formulations (APP202097) – Controls Annex
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trained in accordance with the approved
safety system for the time being approved
under section 6D of the Transport Services
Licensing Act 1989; and
(ii) other than by rail, the person who drives,
loads, and unloads the vehicle that is
transporting the substance has a current
dangerous goods endorsement on his or her
driver licence; and
(iii) in all cases, Land Transport Rule: Dangerous
Goods 1999 (Rule 45001) is complied with; or
(b) when this substance is being transported by sea,
one of the following is complied with:
(i) Maritime Rules: Part 24A – Carriage of
Cargoes – Dangerous Goods (MR024A):
(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.
(6) 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.
(7) Subclause (1)(c)—
(a) applies to pilots, aircrew, and airline ground
personnel loading and managing this substance
within an aerodrome; but
(b) does not apply to—
(i) the handling of this substance in any place
that is not within an aerodrome; or
(ii) the loading and managing of this substance
for the purpose of aerial spraying or dropping.
(8) In this regulation, UN Model Regulations means the 17th
revised edition of the Recommendation on the transport
of Dangerous Goods Model Regulations, published in
2013 by the United Nations.
T7 Reg 10 Restrictions on the
carriage of toxic or
corrosive
substances on
passenger service
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Decision on the application for reassessment of dichlorvos and its formulations (APP202097) – Controls Annex
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vehicles
Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
Code Regulation Description Variation
E1 Regs 32 –
45
Limiting exposure to
ecotoxic substances
through the setting of
EELs
Regulation 32 of the Hazardous Substances (Classes 6,
8, and 9 Controls) Regulations 2001
Regulation 32 subclauses (1) and (2) are deleted.
Explanation: The default Environmental Exposure Limits
(EEL) are deleted. No EEL is set for this substance at this
time.
E2 Regs 46 –
48
Restrictions on use
of substances in
application areas
E3 Reg 49 Controls relating to
protection of
terrestrial
invertebrates eg
beneficial insects
E5 Regs 5(2), 6 Requirements for
keeping records of
use
REQUIREMENT TO KEEP RECORDS OF APPLICATION
The following variations take effect on 15 March 2016:
Clauses (1) and (2) of regulation 5 of the Hazardous
Substances (Classes 6, 8 and 9 Controls) Regulations 2001
are deleted and replaced with the following:
A person in charge of the substance must ensure that a
written record of each application of the substance is kept.
MATTERS TO BE INCLUDED IN RECORD
The following subclauses are added after subclause (g) of
clause (1) of regulation 6 of the Hazardous Substances
(Classes 6, 8 and 9 Controls) Regulations 2001:
(h) measures implemented to comply with an REI
required by Additional Control 6 (AC6):
(i) size of the Application Area, and any associated
Enclosed Space:
(j) the location and extent of any Exclusion Zone as
required by Additional Control 7 (AC7), or Buffer
Zone as required by Additional Control 8 (AC8):
(k) the application method used to apply the
substance:
(l) quantity of dichlorvos handled by each person
involved in the application, in relation to the
requirements of Additional Control 4 (AC4):
(m) measures implemented to monitor worker
exposures to dichlorvos;
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(n) where notification is required under Additional
Control 11 (AC11), details of how it was
determined who should be notified, who was
notified, and what information was provided.
E6 Reg 7 Requirements for
equipment used to
handle substances
E7 Reg 9 Approved
handler/security
requirements for
certain ecotoxic
substances
Regulation 9 of the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
The following regulation is inserted immediately after
regulation 9:
9A Exception to approved handler requirement for
transportation of packaged pesticides
(5) Regulation 9 is deemed to be complied with if:
(a) when this substance is being transported on
land—
(i) by rail, the person who drives the rail vehicle
that is transporting the substance is fully
trained in accordance with the approved
safety system for the time being approved
under section 6D of the Transport Services
Licensing Act 1989; and
(ii) other than by rail, the person who drives,
loads, and unloads the vehicle that is
transporting the substance has a current
dangerous goods endorsement on his or her
driver licence; and
(iii) in all cases, Land Transport Rule: Dangerous
Goods 1999 (Rule 45001) is complied with;
or
(b) when this substance is being transported by sea,
one of the following is complied with:
(i) Maritime Rules: Part 24A – Carriage of
Cargoes – Dangerous Goods (MR024A):
(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.
(6) 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
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chapter 6.5 of the UN Model Regulations.
(7) Subclause (1)(c)—
(a) applies to pilots, aircrew, and airline ground
personnel loading and managing this substance
within an aerodrome; but
(b) does not apply to—
(i) the handling of this substance in any place
that is not within an aerodrome; or
(ii) the loading and managing of this substance
for the purpose of aerial spraying or
dropping.
(8) In this regulation, UN Model Regulations means the
17th revised edition of the Recommendation on the
transport of Dangerous Goods Model Regulations,
published in 2013 by the United Nations.
Hazardous Substances (Identification) Regulations 2001
Code Regulation Description Variation
I1 Regs 6, 7,
32 – 35,
36(1) – (7)
Identification
requirements, duties
of persons in charge,
accessibility,
comprehensibility,
clarity and durability
I3 Reg 9 Priority identifiers for
ecotoxic substances
I5 Reg 11 Priority identifiers for
flammable
substances
I8 Reg 14 Priority identifiers for
toxic substances
I9 Reg 18 Secondary identifiers
for all hazardous
substances
I11 Reg 20 Secondary identifiers
for ecotoxic
substances
I13 Reg 22 Secondary identifiers
for flammable
substances
I16 Reg 25 Secondary identifiers
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for toxic substances
I17 Reg 26 Use of generic
names
I18 Reg 27 Requirements for
using concentration
ranges
I19 Regs 29 –
31
Additional
information
requirements,
including situations
where substances
are in multiple
packaging
I20 Reg 36(8) Durability of
information for class
6.1 substances
I21 Regs 37 –
39, 47 – 50
General
documentation
requirements
I23 Reg 41 Specific
documentation
requirements for
ecotoxic substances
I25 Reg 43 Specific
documentation
requirements for
flammable
substances
I28 Reg 46 Specific
documentation
requirements for
toxic substances
I29 Regs 51, 52 Signage
requirements
I30 Reg 53 Advertising corrosive
and toxic substances
Hazardous Substances (Packaging) Regulations 2001
Code Regulation Description Variation
P1 Regs 5, 6,
7(1), 8
General packaging
requirements
P3 Reg 9 Criteria that allow
substances to be
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packaged to a
standard not meeting
Packing Group I, II or
III criteria
P13 Reg 19 Packaging
requirements for
toxic substances
P15 Reg 21 Packaging
requirements for
ecotoxic substances
PG2 Schedule 2 Packaging
requirements
equivalent to UN
Packing Group II
PS4 Schedule 2 Packaging
requirements as
specified in Schedule
4
Hazardous Substances (Disposal) Regulations 2001
Code Regulation Description Variation
D2 Reg 6 Disposal
requirements for
flammable
substances
D4 Reg 8 Disposal
requirements for
toxic and corrosive
substances
D5 Reg 9 Disposal
requirements for
ecotoxic substances
D6 Reg 10 Disposal
requirements for
packages
D7 Regs 11, 12 Information
requirements for
manufacturers,
importers and
suppliers, and
persons in charge
D8 Regs 13, 14 Documentation
requirements for
manufacturers,
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importers and
suppliers, and
persons in charge
Hazardous Substances (Emergency Management) Regulations 2001
Code Regulation Description Variation
EM1 Regs 6, 7, 9
– 11
Level 1 information
requirements for
suppliers and
persons in charge
EM6 Reg 8(e) Information
requirements for
toxic substances
EM7 Reg 8(f) Information
requirements for
ecotoxic substances
EM8 Regs 12 –
16, 18 – 20
Level 2 information
requirements for
suppliers and
persons in charge
EM9 Reg 17 Additional
information
requirements for
flammable and
oxidising substances
and organic
peroxides
EM10 Regs 21 –
24
Fire extinguisher
requirements
EM11 Regs 25 –
34
Level 3 emergency
management
requirements: duties
of person in charge,
emergency response
plans
EM12
Regs 35 –
41
Level 3 emergency
management
requirements:
secondary
containment
The following subclauses are added after subclause (3) of
regulation 36:
(4) For the purposes of this regulation, and regulations 37
to 40, where this substance is contained in pipework
that is installed and operated so as to manage any loss
of containment in the pipework it—
(a) is not to be taken into account in determining
whether a place is required to have a secondary
containment system; and
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(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.
EM13 Reg 42 Level 3 emergency
management
requirements:
signage
Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001
Code Regulation Description Variation
AH1 Regs 4 to 6 Approved Handler
requirements
(including test
certificate and
qualification
requirements)
Hazardous Substances (Tracking) Regulations 2001
Code Regulation Description Variation
TR1 Regs 4(1), 5,
6
General tracking
requirements
Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004
Code Regulation Description Variation
Tank
Wagon
Regs 4 to 43 as
applicable
Controls relating to tank wagons
and transportable containers.
Additional Controls
Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)
Transfer Notice 2004
The following clause replaces clause 1 (1) of Schedule 8 of the Hazardous Substances (Dangerous Goods and
Scheduled Toxic Substances) Transfer Notice 2004:
(2) This Schedule applies to every stationary container system that contains, or is intended to contain this
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substance.
Explanatory note:
This schedule prescribes the controls for stationary container systems. The requirements of this schedule are
detailed in the consolidated version of the Hazardous Substances (Dangerous Goods and Schedule Toxic
Substances) Transfer Notice 2004, available from http://www.epa.govt.nz/Publications/Transfer-Notice-35-
2004.pdf .
Schedule 9 of the Hazardous Substances (Dangerous Goods and Schedule Toxic Substances) Transfer
Notice 2004
The following clause replaces clause 1(1) of Schedule 9 of the Hazardous Substances (Dangerous Goods and
Scheduled Toxic Substances) Transfer Notice 2004:
(1) This clause applies to every secondary containment system to which regulation 39 of the Hazardous
Substances (Emergency Management) Regulations 2001 applies if any stationary container located within
the secondary containment system is used to contain this substance.
Explanatory note:
This schedule prescribes the controls relating to secondary containment. The requirements of this schedule are
detailed in the consolidated version of the Hazardous Substances (Dangerous Goods and Schedule Toxic
Substances) Transfer Notice 2004, available from http://www.epa.govt.nz/Publications/Transfer-Notice-35-
2004.pdf .
Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)
Transfer Notice 2004
The following clause replaces clause 1 of Schedule 10 of the Hazardous Substances (Dangerous Goods and
Scheduled Toxic Substances) Transfer Notice 2004:
(1) This Schedule applies to this substance.
Explanatory note:
This schedule prescribes the controls for the adverse effects of unintended ignition of class 2 and 3.1
flammable substances. The requirements of this schedule are detailed in the consolidated version of the
Hazardous Substances (Dangerous Goods and Schedule Toxic Substances) Transfer Notice 2004, available
from http://www.epa.govt.nz/Publications/Transfer-Notice-35-2004.pdf .
S77A Water restriction
(1) This substance must not be applied onto or into water.
(2) In subclause (1), ‘water‘ means water in all its physical forms, whether flowing or not, and whether over or
under ground, but does not include water in any form while in a pipe, tank or cistern or water used in the
dilution of the substance prior to application or water used to rinse the container after use.
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AC1: IDENTIFICATION AS AN ORGANOPHOSPHATE
CONTROL/LABEL STATEMENT
(1) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label clearly
states that the substance is an organophosphate-containing substance.
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (1)(a).
AC2: RESTRICTION ON METHOD OF APPLICATION
CONTROL
(1) From 15 March 2016, no person can apply the substance using aerial application methods.
(2) From 15 September 2020, no person can apply the substance—
(a) outdoors, unless the substance is applied—
(i) by dipping; or
(ii) as a spot treatment by knapsack, handgun or handheld fogger; or
(b) indoors, unless the substance is applied—
(i) by dipping;
(ii) as a spot treatment by knapsack, handgun or handheld fogger; or
(iii) using fully automated application equipment.
(3) The person in charge of the application of this substance must ensure that the application is carried out in
accordance with the restrictions noted in subclauses (1) and (2).
INFORMATION
(4) From 15 March 2016—
(a) a person must not supply this substance to any other person unless the packaged substance is
accompanied by information that states that aerial application of this substance is prohibited.
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the information required by subclause (4)(a).
LABEL STATEMENT
(5) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label specifies the
restrictions relating to application equipment and techniques in accordance with subclauses (1) and
(2); and
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (5)(a).
AC3: APPLICATION PARAMETERS
CONTROL
(1) From 15 March 2016, the person in charge of the application of this substance and any person applying
the substance must ensure that the substance is not applied in a Sensitive Area.
(2) From 15 September 2017, the person in charge of the application of this substance and any person
applying the substance must ensure that application of the substance is carried out in accordance with the
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following application restrictions:
(a) when applied indoors, the substance must not be applied at a rate in excess of 0.05 g dichlorvos /
m3; and
(b) when applied outdoors in a wide-dispersive manner, the substance must not be applied—
(i) at a rate in excess of 2400 g dichlorvos / ha; and
(ii) on the same area of land more than three times per year.
INFORMATION
(3) From 15 March 2016—
(a) a person must not supply this substance to any other person unless the packaged substance is
accompanied by information that states that application of this substance in a Sensitive Area is
prohibited; and
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the information required by subclause (3)(a).
LABEL STATEMENT
(4) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label shows the
restrictions specified by subclauses (1) and (2); and
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (4)(a).
(5) From 15 September 2020, despite subclause (4), the substance label is not required to show the
restrictions specified by subclause (2)(b).
AC4: MAXIMUM HANDLING QUANTITY
CONTROL
(1) From 15 September 2017, the person in charge of the application of this substance and any person
applying the substance must ensure that application of the substance is carried out in accordance with the
relevant maximum handling quantities set out in Table HSR000211-2:
Table HSR000211-2. Maximum handling quantities applying to different application methods.
Application Method Maximum handling quantity /
g (dichlorvos) per person per 24 hour period
Handgun 15
Handheld fogger 15
Knapsack 15
Trolley boom 1300
Semi-automated sprayer 1300
Fully automated spray 1300
Fully automated fogger 1300
Dipping 600
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Outdoor (boom, airblast) 7200
(2) From 15 September 2020, the person in charge of the application of this substance and any person
applying the substance must ensure that application of the substance is carried out in accordance with the
relevant maximum handling quantities set out in Table HSR000211-3:
Table HSR000211-3. Maximum handling quantities applying to different application methods.
Application Method Maximum handling quantity /
g (dichlorvos) per person per 24 hour period
Handgun 15
Handheld fogger 15
Knapsack 15
Trolley boom 15
Semi-automated sprayer 15
Fully automated spray 1300
Fully automated fogger 1300
Dipping 600
Outdoor (boom, airblast) Application methods prohibited
LABEL STATEMENT
(3) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label shows the
restrictions specified by subclauses (1) and (2); and
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (3)(a).
(4) From 15 September 2020, despite subclause (3), the substance label is not required to show the
restrictions specified by subclause (1).
AC5: PERSONAL PROTECTIVE EQUIPMENT
CONTROL
(1) From 15 September 2017, any person who is—
(a) handling, mixing, loading or applying this substance; or
(b) present in an Application Area or Enclosed Space from the Start of Application until the end of
the Restricted Entry Interval (REI);
must meet the following minimum standards for protective equipment by wearing the following:
Full Personal Protective Equipment (PPE):
Chemical resistant coveralls
Chemical resistant gloves
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Chemical resistant footwear plus socks
Protective eyewear
Chemical resistant headgear for overhead exposures
Respiratory Protective Equipment (RPE):
Respiratory protective equipment (with an appropriate protection factor) to protect against respiratory
exposure to the substance in dust, mist, gas or vapour forms of the substance.
(2) However, subclause (1) does not apply in relation to hazardous substances in a closed package that
complies with the Hazardous Substances (Packaging) Regulations 2001.
(3) From 15 September 2017, a person in charge of a substance specified in subclause (1) must ensure that
protective clothing or equipment used to handle the substance is accompanied by documentation
containing information specifying—
(a) the circumstances in which the clothing or equipment may be used; and
(b) the requirements for maintaining the clothing or equipment.
(4) In subclause (3)(a), circumstances include, if relevant, the presence of other substances, and the
temperatures and pressures in or at which the clothing or equipment may be used.
(5) The documentation provided under subclause (3) must comply with regulation 48 of the Hazardous
Substances (Identification) Regulations 2001.
LABEL STATEMENT
(6) From 15 September 2017—
(a) where PPE or RPE is prescribed under subclause (1), a person must not supply this substance to
any other person unless the substance label specifies the PPE and RPE required to be worn during
the following lifecycle stages, in accordance with subclause (1):
(i) mixing;
(ii) loading;
(iii) application; or
(iv) re-entry into treated areas; and
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (6)(a).
AC6: RESTRICTED ENTRY
CONTROL
(1) From 15 September 2017, the person in charge of the Application Area must take all practicable steps to
ensure that, when this substance is being discharged, no person is present—
(a) in the Enclosed Space (for indoor applications);
(b) in the Application Area (for outdoor applications).
(2) Subclause (1) does not apply to a person applying the substance.
(3) Subclause (1)(b) does not apply to—
(a) application of the substance by dipping; or
(b) spot-treatment application of the substance by knapsack, handgun or handheld fogger.
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(4) From 15 September 2017, the person in charge of the Application Area must take all practicable steps to
ensure that, from the End of Application until the end of the Restricted Entry Interval (REI), no person
enters the—
(a) Enclosed Space (for indoor applications); or
(b) Application Area (for outdoor applications).
(5) Subclause (4)(b) does not apply to—
(a) application of the substance by dipping; or
(b) spot-treatment application of the substance by knapsack, handgun or handheld fogger.
(6) For avoidance of doubt, from 15 September 2020, subclauses (1)(b) and (4)(b) do not apply to any of the
allowed methods for outdoor application, as specified in Additional Control 2 (AC2).
(7) From 15 September 2017, the person in charge of the Application Area and the person in charge of the
Treated Produce Storage Location must take all practicable steps to ensure that no person enters the
Treated Produce Storage Location, from the time any produce treated with the substance is moved to
that location, until—
(a) the end of the REI; or
(b) the concentration of dichlorvos in the air space of the treated produce is less than 0.05 ppm, as
measured by a direct-indication short-term concentration monitoring device.
(8) The REI for this substance is—
(a) 24 hours (for indoor applications - greenhouse);
(b) 48 hours (for indoor applications - non-greenhouse);
(c) 24 hours (for outdoor applications where the substance is applied at rates of less than 2000 g
(dichlorvos) / ha); and
(d) 48 hours (for outdoor applications where the substance is applied at rates of between 2000 and 2400
g (dichlorvos) / ha).
(9) Despite subclauses (1) to (7), a person can enter the Enclosed Space, Application Area or Treated
Produce Storage Location within the REI, provided—
(a) full PPE and RPE is worn, meeting the requirements of Additional Control 5 (AC5); and
(b) the person is present in the Enclosed Space, Application Area or Treated Produce Storage
Location for a total period of less than 30 minutes in any 24 hour period.
(10) Despite subclause (4), for outdoor applications where the substance is applied at rates of between 2000
and 2400 g (dichlorvos) / ha, a person may enter the Application Area after 24 hours of the start of the
REI if the following PPE is worn:
Gloves;
Long-sleeved shirt;
Long trousers;
Closed shoes.
LABEL STATEMENT
(11) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label shows the
requirements for the REIs and corresponding PPE and RPE, in accordance with subclause (1) to
(10); and
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(b) a person who is in charge of this substance must ensure that the substance label shows the
information required by subclause (11)(a).
(12) From 15 September 2020, despite subclause (11), the substance label is not required to show the
requirements for the REIs and corresponding PPE and RPE specified by subclauses (1)(b), (3), (4)(b), (5),
(8)(c) and (d), and (11).
AC7: EXCLUSION ZONES
CONTROL
(1) For avoidance of doubt, this control does not apply to outdoor application of the substance.
(2) From 15 September 2017, the person in charge of the Application Area must establish an Exclusion
Zone that—
(a) extends to a distance of 20 m outward from the perimeter of the Enclosed Space; and
(b) is maintained from the Start of Application until at least 2 hours from the End of Application.
(3) No person is permitted to be present in an Exclusion Zone for more than 15 minutes in any 24 hour
period.
(4) Despite subclause (3), a person may enter the Exclusion Zone for longer than 15 minutes if that person
is wearing RPE that meets the requirements of Additional Control 5 (AC5).
(5) The person in charge of the Enclosed Space and the person in charge of the application must take all
practicable steps to ensure that no person is present in the Exclusion Zone, unless that person complies
with (4).
LABEL STATEMENT
(6) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label shows the
requirements for the REIs and corresponding RPE, in accordance with subclauses (2) to (5).
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (6)(a).
AC8: BUFFER ZONES
CONTROL
(1) From 15 September 2017, the person in charge of the Application Area and the person in charge of the
application of this substance must ensure that the substance is not applied within 20 m of a downwind
Sensitive Area.
(2) Subclause (1) does not apply to—
(a) indoor application of the substance;
(b) application of the substance by dipping; or
(c) spot-treatment application of the substance by knapsack, handgun or handheld fogger.
LABEL STATEMENT
(3) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label shows the
requirements for Buffer Zones, in accordance with subclauses (1) and (2); and
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (3)(a).
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AC9: SIGNAGE
CONTROL
(1) For avoidance of doubt, this control does not apply to outdoor application of the substance.
(2) From 15 September 2017, the person in charge of the Application Area and the person in charge of the
application of the substance must ensure that signs are—
(a) erected outside of the Enclosed Space, at every routine point of entry into the Enclosed Space;
and
(b) posted from the Start of Application, until the end of the REI.
(3) Signs erected in accordance with subclause (2) must state—
(a) that application is being carried out using a substance that is toxic to humans;
(b) that entry into the Enclosed Space is not permitted unless PPE and RPE are worn;
(c) the required PPE and RPE to be worn for entry into the Enclosed Space;
(d) the day on which the application commenced; and
(e) the time and date of the end of the REI.
(4) Signs erected in accordance with subclauses (2) and (3) must—
(a) comply with regulation 34(1), (2), and (4) and regulation 35(1), (3), and (5) of the Hazardous
Substances (Identification) Regulations 2001, but as if the distances referred to in regulation 35(3)
were a distance of not less than 10 metres; and
(b) identify the person in charge of the application.
(5) Signs must be removed within 3 days (72 hours) of the end of REI.
AC10: PERMISSIONS
CONTROL
(1) From 15 September 2017, a person must not apply this substance if a Sensitive Area is located (either
partially or entirely) within the Exclusion Zone, unless a permission to do so has first been obtained from
the Authority under section 95A of the Hazardous Substances and New Organisms Act 1996.
(2) Subclause (1) does not apply to—
(a) application of the substance by dipping;
(b) spot-treatment application of the substance by knapsack, handgun or handheld fogger ; or
(c) outdoor application of the substance.
LABEL STATEMENT
(3) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label includes the
information required by subclauses (1) and (2); and
(b) a person who is in charge of this substance must ensure that the substance label shows the
information required by subclause (3)(a).
AC11: NOTIFICATION
CONTROL
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(1) From 15 September 2017, a person who applies the substance must ensure that all reasonable measures
have been taken to give notice of the operation to the occupants of every Sensitive Area within (either
partially or entirely) 100 m of the perimeter of—
(a) the Enclosed Space (for indoor applications); or
(b) the Application Area (for outdoor applications).
(2) Subclause (1) does not apply to—
(a) application of the substance by dipping; or
(b) spot-treatment application of the substance by knapsack, handgun or handheld fogger.
(3) The notice referred to in subclause (1) must—
(a) be given at least 12 hours, but no more than 48 hours, in advance of the Start of Application; and
(b) specify—
(i) the date and approximate time and duration of the application activity, including ventilation;
(ii) the steps to be taken by the notified parties to avoid exposure; and
(iii) contact details for the person in charge of the application (including phone number for
immediate contact, and email or postal address).
LABEL STATEMENT
(4) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label shows that
requirements for notification in accordance with the requirements of subclauses (1) to (3); and
(b) a person who is in charge of this substance must ensure that the substance label shows the
information required by subclause (4)(a).
(5) From 15 September 2020, despite subclause (4), the substance label is not required to show the
requirements for notification specified by subclause (1)(b).
AC12: IMPURITIES
CONTROL
Any person importing this substance, or manufacturing this substance in New Zealand, must ensure that the
specified impurities in the dichlorvos component meet the following restrictions:
Chloral [CAS 75-87-6]: 5 g / kg maximum;
Water [CAS 7732-18-5]: 0.5 g / kg maximum;
Methyl chloride [CAS 74-87-3]: 5 g / kg maximum;
Trimethylphosphate [CAS 512-56-1]: 4 g / kg maximum.
Definitions:
Application Area means—
(a) for indoor application, an area within an Enclosed Space within which the substance—
(i) has been applied; or
(ii) is intended to be applied; or
(b) for outdoor application, the area within the boundary defined by the outer extremity of an area within
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which the substance—
(i) has been applied; or
(ii) is intended to be applied.
Buffer Zone means an area extending a specified distance downwind from an Application Area, which must
not contain any Sensitive Area. A Buffer Zone prescribes the closest point of discharge of the substance to a
Sensitive Area.
Chemical resistant, in terms of PPE, means the equipment is constructed in a manner that provides a
specified reduction in dermal exposure to the substance, as follows:
PPE item % reduction value
Gloves ≥90
Coverall, footwear and
head-gear ≥95
Enclosed Space means—
(a) any structure or structures with an internal airspace, or air supply, in common; or
(b) parts of a structure with an internal airspace, or air supply, in common.
End of Application means the time when the substance was last applied within the Application Area for a
single application event.
Exclusion Zone means an area extending outward, to a specified distance, from the perimeter of each
Enclosed Space.
Fully automated, in terms of application equipment, means application equipment that does not require an
operator to be in the Enclosed Space to apply the substance. Fully automated equipment must be operated in
a manner that does not require an operator to be in the same Enclosed Space as the application equipment
for the duration of the application. If operators have to enter the same Enclosed Space as the application
equipment during application, then the equipment is not considered to be fully automated.
Manual, in terms of application equipment and methods, means the operation of the application equipment by
a person who is in the Application Area at any time during application of the substance.
Non-occupational bystander means any person who lives, works or attends school or any another institution
or location adjacent to an area that has been treated with the substance, but whose presence is incidental and
unrelated to work involving the substance.
Personal Protective Equipment (PPE) means clothing or equipment that is designed, constructed and used
to ensure that the person does not come into contact with the substance.
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Respiratory Protective Equipment (RPE) means an item of PPE that is worn or used by a person specifically
to ensure that the person is protected against inhalation of the substance.
Restricted Entry Interval (REI) means—
(a) for greenhouse use, a period of time commencing when the substance was last applied within the
Enclosed Space; or
(b) for non-greenhouse use, a period of time commencing at the start of ventilation;
Explanatory note: during the REI, there are entry restrictions as specified by Additional Control 6.
Sensitive Area means residential dwellings and sites such as schools, playgrounds, early childhood centres,
prisons, hospitals or long-term care facilities, and any place where non-occupational bystanders are present
or could normally be expected to be present.
Spot treatment means small-scale manual application of the substance in a targeted manner, to localised or
restricted areas (i.e. not complete coverage). Spot treatment excludes broad-acre or wide-dispersive
application by methods such as boom or air-blast sprayer, or aerial application.
Start of Application means the time when the substance is first applied within the Application Area for a
single application event.
Treated Produce Storage Location means an Enclosed Space that does not contain the Application Area,
where produce treated with the substance is placed.
Ventilation means the deliberate release, after the End of Application, of the atmosphere in an Enclosed
Space where the substance was applied, intended to reduce the airborne dichlorvos concentration.
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HSR000213 - Emulsifiable concentrate containing 1140 g/litre dichlorvos
Table HSR000213-1. Controls for the substance “Emulsifiable concentrate containing 1140 g/litre
dichlorvos” (HSR000213)
Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
Code Regulation Description Variation
T1 Regs 11 –
27
Limiting exposure to
toxic substances
through the setting of
TELs
No ADE, PDE or TEL values are set for this substance at this
time.
T2 Regs 29, 30 Controlling exposure
in places of work
through the setting of
WESs.
Workplace Exposure Standards:
Under regulation 29(2) of the Hazardous Substance (Classes
6, 8, and 9 Controls) Regulations 2001, the Authority adopts
as workplace exposure standards for this substance, and
each component of this substance, any applicable value or
values specified in the document described in “Workplace
Exposure Standards”, published by the Ministry of Business,
Innovation and Employment, February 2013, available at
http://www.business.govt.nz/worksafe/information-
guidance/all-guidance-items/workplace-exposure-standards-
and-biological-exposure-indices/workplace-exposure-
standards-and-biological-indices-2013.pdf
T3 Regs 5(1), 6 Requirements for
keeping records of
use
REQUIREMENT TO KEEP RECORDS OF APPLICATION
The following variations take effect on 15 March 2016:
Clauses (1) and (2) of regulation 5 of the Hazardous
Substances (Classes 6, 8 and 9 Controls) Regulations 2001
are deleted and replaced with the following:
A person in charge of this substance must ensure that a
written record of each application of the substance is kept.
MATTERS TO BE INCLUDED IN RECORD
The following subclauses are added after subclause (g) of
clause (1) of regulation 6 of the Hazardous Substances
(Classes 6, 8 and 9 Controls) Regulations 2001:
(h) measures implemented to comply with an REI
required by Additional Control 6 (AC6):
(i) size of the Application Area, and any associated
Enclosed Space:
(j) the location and extent of any Exclusion Zone as
required by Additional Control 7 (AC7), or Buffer
Zone as required by Additional Control 8 (AC8):
(k) the application method used to apply the
substance:
(l) quantity of dichlorvos handled by each person
involved in the application, in relation to the
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requirements of Additional Control 4 (AC4);
(m) measures implemented to monitor worker
exposures to dichlorvos;
(n) where notification is required under Additional
Control 11 (AC11), details of how it was
determined who should be notified, who was
notified, and what information was provided.
T4 Reg 7 Requirements for
equipment used to
handle substances
T5 Reg 8 Requirements for
protective clothing
and equipment
From 15 September 2017, this control no longer applies to
this substance.
Explanatory note: the requirements are replaced by the
requirements of additional control AC5: Personal Protective
Equipment, detailed below.
T6 Reg 9 Approved
handler/security
requirements for
certain toxic
substances
Regulation 9 of the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
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 this substance is being transported on land—
(i) by rail, the person who drives the rail vehicle
that is transporting the substance is fully
trained in accordance with the approved
safety system for the time being approved
under section 6D of the Transport Services
Licensing Act 1989; and
(ii) other than by rail, the person who drives,
loads, and unloads the vehicle that is
transporting the substance has a current
dangerous goods endorsement on his or her
driver licence; and
(iii) in all cases, Land Transport Rule: Dangerous
Goods 1999 (Rule 45001) is complied with; or
(b) when this substance is being transported by sea,
one of the following is complied with:
(i) Maritime Rules: Part 24A – Carriage of
Cargoes – Dangerous Goods (MR024A):
(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.
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(2) Subclause (1)(a)—
(a) does not apply to a tank wagon or a transportable
container to which the Hazardous Substances
(Tank Wagons and Transportable Containers)
Regulations 2004 applies; but
(b) despite paragraph (a), does apply to an
intermediate bulk container that complies with
chapter 6.5 of the UN Model Regulations.
(3) Subclause (1)(c)—
(a) applies to pilots, aircrew, and airline ground
personnel loading and managing this substance
within an aerodrome; but
(b) does not apply to—
(i) the handling of this substance in any place
that is not within an aerodrome; or
(ii) the loading and managing of this substance
for the purpose of aerial spraying or dropping.
(4) In this regulation, UN Model Regulations means the 17th
revised edition of the Recommendation on the transport
of Dangerous Goods Model Regulations, published in
2013 by the United Nations.
T7 Reg 10 Restrictions on the
carriage of toxic or
corrosive substances
on passenger service
vehicles
Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
Code Regulation Description Variation
E1 Regs 32 –
45
Limiting exposure to
ecotoxic substances
through the setting of
EELs
Regulation 32 of the Hazardous Substances (Classes 6,
8, and 9 Controls) Regulations 2001
Regulation 32 subclauses (1) and (2) are deleted.
Explanation: The default Environmental Exposure Limits
(EEL) are deleted. No EEL is set for this substance at this
time.
E2 Regs 46 –
48
Restrictions on use
of substances in
application areas
E3 Reg 49 Controls relating to
protection of
terrestrial
invertebrates eg
beneficial insects
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E5 Regs 5(2), 6 Requirements for
keeping records of
use
REQUIREMENT TO KEEP RECORDS OF APPLICATION
The following variations take effect on 15 March 2016:
Clauses (1) and (2) of regulation 5 of the Hazardous
Substances (Classes 6, 8 and 9 Controls) Regulations 2001
are deleted and replaced with the following:
A person in charge of the substance must ensure that a
written record of each application of the substance is kept.
MATTERS TO BE INCLUDED IN RECORD
The following subclauses are added after subclause (g) of
clause (1) of regulation 6 of the Hazardous Substances
(Classes 6, 8 and 9 Controls) Regulations 2001:
(h) measures implemented to comply with an REI
required by Additional Control 6 (AC6):
(i) size of the Application Area, and any associated
Enclosed Space:
(j) the location and extent of any Exclusion Zone as
required by Additional Control 7 (AC7), or Buffer
Zone as required by Additional Control 8 (AC8):
(k) the application method used to apply the
substance:
(l) quantity of dichlorvos handled by each person
involved in the application, in relation to the
requirements of Additional Control 4 (AC4):
(m) measures implemented to monitor worker
exposures to dichlorvos:
(n) where notification is required under Additional
Control 11 (AC11), details of how it was
determined who should be notified, who was
notified, and what information was provided.
E6 Reg 7 Requirements for
equipment used to
handle substances
E7 Reg 9 Approved
handler/security
requirements for
certain ecotoxic
substances
Regulation 9 of the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
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 this substance is being transported on
land—
(i) by rail, the person who drives the rail vehicle
that is transporting the substance is fully
trained in accordance with the approved
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safety system for the time being approved
under section 6D of the Transport Services
Licensing Act 1989; and
(ii) other than by rail, the person who drives,
loads, and unloads the vehicle that is
transporting the substance has a current
dangerous goods endorsement on his or her
driver licence; and
(iii) in all cases, Land Transport Rule: Dangerous
Goods 1999 (Rule 45001) is complied with;
or
(b) when this substance is being transported by sea,
one of the following is complied with:
(i) Maritime Rules: Part 24A – Carriage of
Cargoes – Dangerous Goods (MR024A):
(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—
(i) the handling of this substance in any place
that is not within an aerodrome; or
(ii) the loading and managing of this substance
for the purpose of aerial spraying or
dropping.
(4) In this regulation, UN Model Regulations means the
17th revised edition of the Recommendation on the
transport of Dangerous Goods Model Regulations,
published in 2013 by the United Nations.
Hazardous Substances (Identification) Regulations 2001
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Code Regulation Description Variation
I1 Regs 6, 7,
32 – 35,
36(1) – (7)
Identification
requirements, duties
of persons in charge,
accessibility,
comprehensibility,
clarity and durability
I3 Reg 9 Priority identifiers for
ecotoxic substances
I8 Reg 14 Priority identifiers for
toxic substances
I9 Reg 18 Secondary identifiers
for all hazardous
substances
I11 Reg 20 Secondary identifiers
for ecotoxic
substances
I16 Reg 25 Secondary identifiers
for toxic substances
I17 Reg 26 Use of generic
names
I18 Reg 27 Requirements for
using concentration
ranges
I19 Regs 29 –
31
Additional
information
requirements,
including situations
where substances
are in multiple
packaging
I20 Reg 36(8) Durability of
information for class
6.1 substances
I21 Regs 37 –
39, 47 – 50
General
documentation
requirements
I23 Reg 41 Specific
documentation
requirements for
ecotoxic substances
I28 Reg 46 Specific
documentation
requirements for
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toxic substances
I29 Regs 51, 52 Signage
requirements
I30 Reg 53 Advertising corrosive
and toxic substances
Hazardous Substances (Packaging) Regulations 2001
Code Regulation Description Variation
P1 Regs 5, 6,
7(1), 8
General packaging
requirements
P3 Reg 9 Criteria that allow
substances to be
packaged to a
standard not
meeting Packing
Group I, II or III
criteria
P13 Reg 19 Packaging
requirements for
toxic substances
Regulation 19 of the Hazardous Substances (Packaging)
Regulations 2001
Subclause (1)(a) of regulation 19 applies as if the words
“Schedule 1” was replaced by “Schedule 2”.
Explanatory Note:
This means that the packaging for this substance must
conform to the conditions of Packing Group II (PG2).
P15 Reg 21 Packaging
requirements for
ecotoxic substances
PG2 Schedule 2 Packaging
requirements
equivalent to UN
Packing Group II
PS4 Schedule 2 Packaging
requirements as
specified in
Schedule 4
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Hazardous Substances (Disposal) Regulations 2001
Code Regulation Description Variation
D4 Reg 8 Disposal
requirements for
toxic and corrosive
substances
D5 Reg 9 Disposal
requirements for
ecotoxic substances
D6 Reg 10 Disposal
requirements for
packages
D7 Regs 11, 12 Information
requirements for
manufacturers,
importers and
suppliers, and
persons in charge
D8 Regs 13, 14 Documentation
requirements for
manufacturers,
importers and
suppliers, and
persons in charge
Hazardous Substances (Emergency Management) Regulations 2001
Code Regulation Description Variation
EM1 Regs 6, 7, 9
– 11
Level 1 information
requirements for
suppliers and
persons in charge
EM6 Reg 8(e) Information
requirements for
toxic substances
EM7 Reg 8(f) Information
requirements for
ecotoxic substances
EM8 Regs 12 –
16, 18 – 20
Level 2 information
requirements for
suppliers and
persons in charge
EM11 Regs 25 –
34
Level 3 emergency
management
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requirements: duties
of person in charge,
emergency
response plans
EM12
Regs 35 –
41
Level 3 emergency
management
requirements:
secondary
containment
The following subclauses are added after subclause (3) of
regulation 36:
(6) 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.
(7) In this clause, pipework—
(a) means piping that—
(i) is connected to a stationary container; and
(ii) is used to transfer a hazardous substance
into or out of the stationary container; and
(b) includes a process pipeline or a transfer line.
The following subclauses are added at the end of regulation
37:
(4) If pooling substances which do not have class 1 to 5
hazard classifications are held in a place above ground
in containers each of which has a capacity of 60 litres or
less—
(a) if the place’s total pooling potential is less than
20,000 litres, the secondary containment system
must have a capacity of at least 25% of that total
pooling potential:
(b) if the place’s total pooling potential is 20,000 litres
or more, the secondary containment system must
have a capacity of the greater of—
(i) 5% of the total pooling potential; or
(ii) 5,000 litres.
(5) Pooling substances to which subclause (2) applies must
be segregated where appropriate to ensure that
leakage of one substance may not adversely affect the
container of another substance.
The following subclauses are added at the end of regulation
38:
(4) If pooling substances which do not have class 1 to 5
hazard classifications are held in a place above ground
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in containers 1 or more of which have a capacity of
more than 60 litres but none of which have a capacity of
more than 450 litres—
(a) if the place’s total pooling potential is less than
20,000 litres, the secondary containment system
must have a capacity of either 25% of that total
pooling potential or 110% of the capacity of the
largest container, whichever is the greater:
(b) if the place’s total pooling potential is 20,000 litres
or more, the secondary containment system must
have a capacity of the greater of—
(i) 5% of the total pooling potential; or
(ii) 5,000 litres
(5) Pooling substances to which subclause (2) applies must
be segregated where appropriate to ensure that the
leakage of one substance may not adversely affect the
container of another substance.
EM13 Reg 42 Level 3 emergency
management
requirements:
signage
Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001
Code Regulation Description Variation
AH1 Regs 4 to 6 Approved Handler
requirements
(including test
certificate and
qualification
requirements)
Hazardous Substances (Tracking) Regulations 2001
Code Regulation Description Variation
TR1 Regs 4(1), 5,
6
General tracking
requirements
Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004
Code Regulation Description Variation
Tank
Wagon
Regs 4 to 43
as applicable
Controls relating to
tank wagons and
transportable
containers.
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Additional Controls
Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)
Transfer Notice 2004
The following clause replaces clause 1 (1) of Schedule 8 of the Hazardous Substances (Dangerous Goods
and Scheduled Toxic Substances) Transfer Notice 2004:
(1) This Schedule applies to every stationary container system that contains, or is intended to contain this
substance.
Explanatory note:
This schedule prescribes the controls for stationary container systems. The requirements of this schedule are
detailed in the consolidated version of the Hazardous Substances (Dangerous Goods and Schedule Toxic
Substances) Transfer Notice 2004, available from http://www.epa.govt.nz/Publications/Transfer-Notice-35-
2004.pdf .
S77A Water restriction
(1) This substance must not be applied onto or into water..
(2) In subclause (1), ‘water‘ means water in all its physical forms, whether flowing or not, and whether over or
under ground, but does not include water in any form while in a pipe, tank or cistern or water used in the
dilution of the substance prior to application or water used to rinse the container after use.
AC1: IDENTIFICATION AS AN ORGANOPHOSPHATE
CONTROL/LABEL STATEMENT
(3) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label clearly
states that the substance is an organophosphate-containing substance.
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (1)(a).
AC2: RESTRICTION ON METHOD OF APPLICATION
CONTROL
(1) From 15 March 2016, no person can apply the substance using aerial application methods.
(2) From 15 September 2020, no person can apply the substance—
(a) outdoors, unless the substance is applied—
(i) by dipping; or
(ii) as a spot treatment by knapsack, handgun or handheld fogger; or
(b) indoors, unless the substance is applied—
(i) by dipping;
(ii) as a spot treatment by knapsack, handgun or handheld fogger; or
(iii) using fully automated application equipment.
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(3) The person in charge of the application of this substance must ensure that the application is carried out in
accordance with the restrictions noted in subclauses (1) and (2).
INFORMATION
(4) From 15 March 2016—
(a) a person must not supply this substance to any other person unless the packaged substance is
accompanied by information that states that aerial application of this substance is prohibited.
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the information required by subclause (4)(a).
LABEL STATEMENT
(5) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label specifies
the restrictions relating to application equipment and techniques in accordance with subclauses (1)
and (2); and
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (5)(a).
AC3: APPLICATION PARAMETERS
CONTROL
(1) From 15 March 2016, the person in charge of the application of this substance and any person applying
the substance must ensure that the substance is not applied in a Sensitive Area.
(2) From 15 September 2017, the person in charge of the application of this substance and any person
applying the substance must ensure that application of the substance is carried out in accordance with
the following application restrictions:
(a) when applied indoors, the substance must not be applied at a rate in excess of 0.05 g dichlorvos /
m3; and
(b) when applied outdoors in a wide-dispersive manner, the substance must not be applied—
(i) at a rate in excess of 2400 g dichlorvos / ha; and
(ii) on the same area of land more than three times per year.
INFORMATION
(3) From 15 March 2016—
(a) a person must not supply this substance to any other person unless the packaged substance is
accompanied by information that states that application of this substance in a Sensitive Area is
prohibited; and
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the information required by subclause (3)(a).
LABEL STATEMENT
(4) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label shows the
restrictions specified by subclauses (1) and (2); and
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (4)(a).
(5) From 15 September 2020, despite subclause (4), the substance label is not required to show the
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restrictions specified by subclause 2(b).
AC4: MAXIMUM HANDLING QUANTITY
CONTROL
(1) From 15 September 2017, the person in charge of the application of this substance and any person
applying the substance must ensure that application of the substance is carried out in accordance with
the relevant maximum handling quantities set out in Table HSR000213-2:
Table HSR000213-2. Maximum handling quantities applying to different application methods.
Application Method Maximum handling quantity /
g (dichlorvos) per person per 24 hour period
Handgun 15
Handheld fogger 15
Knapsack 15
Trolley boom 1300
Semi-automated sprayer 1300
Fully automated spray 1300
Fully automated fogger 1300
Dipping 600
Outdoor (boom, airblast) 7200
(2) From 15 September 2020, the person in charge of the application of this substance and any person
applying the substance must ensure that application of the substance is carried out in accordance with
the relevant maximum handling quantities set out in Table HSR000213-3:
Table HSR000213--3. Maximum handling quantities applying to different application methods.
Application Method Maximum handling quantity /
g (dichlorvos) per person per 24 hour period
Handgun 15
Handheld fogger 15
Knapsack 15
Trolley boom 15
Semi-automated sprayer 15
Fully automated spray 1300
Fully automated fogger 1300
Dipping 600
Outdoor (boom, airblast) Application methods prohibited
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LABEL STATEMENT
(3) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label shows the
restrictions specified by subclauses (1) and (2); and
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (3)(a).
(4) From 15 September 2020, despite subclause (3), the substance label is not required to show the
restrictions specified by subclause (1).
AC5: PERSONAL PROTECTIVE EQUIPMENT
CONTROL
(1) From 15 September 2017, any person who is—
(a) handling, mixing, loading or applying this substance; or
(b) present in an Application Area or Enclosed Space from the Start of Application until the end of
the Restricted Entry Interval (REI);
must meet the following minimum standards for protective equipment by wearing the following:
Full Personal Protective Equipment (PPE):
Chemical resistant coveralls.
Chemical resistant gloves.
Chemical resistant footwear plus socks.
Protective eyewear.
Chemical resistant headgear for overhead exposures.
Respiratory Protective Equipment (RPE):
Respiratory protective equipment (with an appropriate protection factor) to protect against
respiratory exposure to the substance in dust, mist, gas or vapour forms of the substance.
(2) However, subclause (1) does not apply in relation to hazardous substances in a closed package that
complies with the Hazardous Substances (Packaging) Regulations 2001.
(3) From 15 September 2017, a person in charge of a substance specified in subclause (1) must ensure that
protective clothing or equipment used to handle the substance is accompanied by documentation
containing information specifying—
(a) the circumstances in which the clothing or equipment may be used; and
(b) the requirements for maintaining the clothing or equipment.
(4) In subclause (3)(a), circumstances include, if relevant, the presence of other substances, and the
temperatures and pressures in or at which the clothing or equipment may be used.
(5) The documentation provided under subclause (3) must comply with regulation 48 of the Hazardous
Substances (Identification) Regulations 2001.
LABEL STATEMENT
(6) From 15 September 2017—
(a) where PPE or RPE is prescribed under subclause (1), a person must not supply this substance to
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any other person unless the substance label specifies the PPE and RPE required to be worn during
the following lifecycle stages, in accordance with subclause (1):
(i) mixing:
(ii) loading;
(iii) application; or
(iv) re-entry into treated areas; and
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (6)(a).
AC6: RESTRICTED ENTRY
CONTROL
(1) From 15 September 2017, the person in charge of the Application Area must take all practicable steps
to ensure that, when this substance is being discharged, no person is present—
(a) in the Enclosed Space (for indoor applications);
(b) in the Application Area (for outdoor applications).
(2) Subclause (1) does not apply to a person applying the substance.
(3) Subclause (1)(b) does not apply to—
(c) application of the substance by dipping; or
(d) spot-treatment application of the substance by knapsack, handgun or handheld fogger.
(4) From 15 September 2017, the person in charge of the Application Area must take all practicable steps
to ensure that, from the End of Application until the end of the Restricted Entry Interval (REI), no
person enters the—
(a) Enclosed Space (for indoor applications); or
(b) Application Area (for outdoor applications).
(5) Subclause (4)(b) does not apply to—
(a) application of the substance by dipping; or
(b) spot-treatment application of the substance by knapsack, handgun or handheld fogger.
(6) For avoidance of doubt, from 15 September 2020, subclauses (1)(b) and (4)(b) do not apply to any of the
allowed methods for outdoor application, as specified in Additional Control 2(AC2).
(7) From 15 September 2017, the person in charge of the Application Area and the person in charge of the
Treated Produce Storage Location must take all practicable steps to ensure that no person enters the
Treated Produce Storage Location, from the time any produce treated with the substance is moved to
that location, until—
(a) the end of the REI; or
(b) the concentration of dichlorvos in the air space of the treated produce is less than 0.05 ppm, as
measured by a direct-indication short-term concentration monitoring device.
(8) The REI for this substance is—
(a) 24 hours (for indoor applications - greenhouse);
(b) 48 hours (for indoor applications - non-greenhouse);
(c) 24 hours (for outdoor applications where the substance is applied at rates of less than 2000 g
(dichlorvos) / ha); and
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(d) 48 hours (for outdoor applications where the substance is applied at rates of between 2000 and
2400 g (dichlorvos) / ha).
(9) Despite subclauses (1) to (7), a person can enter the Enclosed Space, Application Area or Treated
Produce Storage Location within the REI, provided—
(a) full PPE and RPE is worn, meeting the requirements of Additional Control 5 (AC5); and
(b) the person is present in the Enclosed Space, Application Area or Treated Produce Storage
Location for a total period of less than 30 minutes in any 24 hour period.
(10) Despite subclause (4), for outdoor applications where the substance is applied at rates of between 2000
and 2400 g (dichlorvos) / ha, a person may enter the Application Area after 24 hours of the start of the
REI if the following PPE is worn:
Gloves;
Long-sleeved shirt;
Long trousers;
Closed shoes.
LABEL STATEMENT
(11) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label shows the
requirements for the REIs and corresponding PPE and RPE, in accordance with subclause (1) to
(10); and
(b) a person who is in charge of this substance must ensure that the substance label shows the
information required by subclause (11)(a).
(12) From 15 September 2020, despite subclause (11), the substance label is not required to show the
requirements for the REIs and corresponding PPE and RPE specified by subclauses (1)(b), (3), (4)(b),
(5), (8)(c) and (d), and (11).
AC7: EXCLUSION ZONES
CONTROL
(1) For avoidance of doubt, this control does not apply to outdoor application of the substance.
(2) From 15 September 2017, the person in charge of the Application Area must establish an Exclusion
Zone that—
(a) extends to a distance of 20 m outward from the perimeter of the Enclosed Space; and
(b) is maintained from the Start of Application until at least 2 hours from the End of Application.
(3) No person is permitted to be present in an Exclusion Zone for more than 15 minutes in any 24 hour
period.
(4) Despite (3), a person may enter the Exclusion Zone for longer than 15 minutes if that person is wearing
RPE that meets the requirements of Additional Control 5 (AC5).
(5) The person in charge of the Enclosed Space and the person in charge of the application must take all
practicable steps to ensure that no person is present in the Exclusion Zone, unless that person complies
with subclause (4).
LABEL STATEMENT
(6) From 15 September 2017—
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(a) a person must not supply this substance to any other person unless the substance label shows the
requirements for the REIs and corresponding RPE, in accordance with subclauses (2) to (5).
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (6)(a).
AC8: BUFFER ZONES
CONTROL
(1) From 15 September 2017, the person in charge of the Application Area and the person in charge of the
application of this substance must ensure that the substance is not applied within 20m of a downwind
Sensitive Area.
(2) Subclause (1) does not apply to—
(a) indoor application of the substance;
(b) application of the substance by dipping; or
(c) spot-treatment application of the substance by knapsack, handgun or handheld fogger.
LABEL STATEMENT
(3) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label shows the
requirements for Buffer Zones, in accordance with subclauses (1) and (2); and
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (3)(a).
AC9: SIGNAGE
CONTROL
(1) For avoidance of doubt, this control does not apply to outdoor application of the substance.
(2) From 15 September 2017, the person in charge of the Application Area and the person in charge of the
application of the substance must ensure that signs are—
(a) erected outside of the Enclosed Space, at every routine point of entry into the Enclosed Space;
and
(b) posted from the Start of Application, until the end of the REI.
(3) Signs erected in accordance with subclause (2) must state—
(a) that application is being carried out using a substance that is toxic to humans;
(b) that entry into the Enclosed Space is not permitted unless PPE and RPE are worn;
(c) the required PPE and RPE to be worn for entry into the Enclosed Space;
(d) the day on which the application commenced; and
(e) the time and date of the end of the REI.
(4) Signs erected in accordance with subclauses (2) and (3) must—
(a) comply with regulation 34(1), (2), and (4) and regulation 35(1), (3), and (5) of the Hazardous
Substances (Identification) Regulations 2001, but as if the distances referred to in regulation 35(3)
were a distance of not less than 10 metres; and
(b) identify the person in charge of the application.
(5) Signs must be removed within 3 days (72 hours) of the end of REI.
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AC10: PERMISSIONS
CONTROL
(1) From 15 September 2017, a person must not apply this substance if a Sensitive Area is located (either
partially or entirely) within the Exclusion Zone, unless a permission to do so has first been obtained from
the Authority under section 95A of the Hazardous Substances and New Organisms Act 1996.
(2) Subclause (1) does not apply to—
(a) application of the substance by dipping;
(b) spot-treatment application of the substance by knapsack, handgun or handheld fogger ; or
(c) outdoor application of the substance.
LABEL STATEMENT
(3) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label includes the
information required by subclauses (1) and (2); and
(b) a person who is in charge of this substance must ensure that the substance label shows the
information required by subclause (3)(a).
AC11: NOTIFICATION
CONTROL
(1) From 15 September 2017, a person who applies the substance must ensure that all reasonable
measures have been taken to give notice of the operation to the occupants of every Sensitive Area
within (either partially or entirely) 100 m of the perimeter of—
(a) the Enclosed Space (for indoor applications); or
(b) the Application Area (for outdoor applications).
(2) Subclause (1) does not apply to—
(a) application of the substance by dipping; or
(b) spot-treatment application of the substance by knapsack, handgun or handheld fogger.
(3) The notice referred to in subclause (1) must—
(a) be given at least 12 hours, but no more than 48 hours, in advance of the Start of Application; and
(b) specify—
(i) the date and approximate time and duration of the application activity, including ventilation;
(ii) the steps to be taken by the notified parties to avoid exposure; and
(iii) contact details for the person in charge of the application (including phone number for
immediate contact, and email or postal address).
LABEL STATEMENT
(4) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label shows that
requirements for notification in accordance with the requirements of (1) to (3); and
(b) a person who is in charge of this substance must ensure that the substance label shows the
information required by subclause (4)(b).
(5) From 15 September 2020, despite subclause (4), the substance label is not required to show the
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requirements for notification specified by subclause (1)(b).
AC12: IMPURITIES
CONTROL
Any person importing this substance, or manufacturing this substance in New Zealand, must ensure that the
specified impurities in the dichlorvos component meet the following restrictions:
Chloral [CAS 75-87-6]: 5 g / kg maximum;
Water [CAS 7732-18-5]: 0.5 g / kg maximum;
Methyl chloride [CAS 74-87-3]: 1 g / kg maximum;
Trimethylphosphate [CAS 512-56-1]: 4 g / kg maximum.
Definitions:
Application Area means—
(a) for indoor application, an area within an Enclosed Space within which the substance—
(i) has been applied; or
(ii) is intended to be applied; or
(b) for outdoor application, the area within the boundary defined by the outer extremity of an area within
which the substance—
(i) has been applied; or
(ii) is intended to be applied.
Buffer Zone means an area extending a specified distance downwind from an Application Area, which must
not contain any Sensitive Area. A Buffer Zone prescribes the closest point of discharge of the substance to a
Sensitive Area.
Chemical resistant, in terms of PPE, means the equipment is constructed in a manner that provides a
specified reduction in dermal exposure to the substance, as follows:
PPE item % reduction value
Gloves ≥90
Coverall, footwear and
head-gear ≥95
Enclosed Space means—
(a) any structure or structures with an internal airspace, or air supply, in common; or
(b) parts of a structure with an internal airspace, or air supply, in common.
End of Application means the time when the substance was last applied within the Application Area for a
single application event.
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Exclusion Zone means an area extending outward, to a specified distance, from the perimeter of each
Enclosed Space.
Fully automated, in terms of application equipment, means application equipment that does not require an
operator to be in the Enclosed Space to apply the substance. Fully automated equipment must be operated in
a manner that does not require an operator to be in the same Enclosed Space as the application equipment
for the duration of the application. If operators have to enter the same Enclosed Space as the application
equipment during application, then the equipment is not considered to be fully automated.
Manual, in terms of application equipment and methods, means the operation of the application equipment by
a person who is in the Application Area at any time during application of the substance.
Non-occupational bystander means any person who lives, works or attends school or any another institution
or location adjacent to an area that has been treated with the substance, but whose presence is incidental and
unrelated to work involving the substance.
Personal Protective Equipment (PPE) means clothing or equipment that is designed, constructed and used
to ensure that the person does not come into contact with the substance.
Respiratory Protective Equipment (RPE) means an item of PPE that is worn or used by a person
specifically to ensure that the person is protected against inhalation of the substance.
Restricted Entry Interval (REI) means—
(a) for greenhouse use, a period of time commencing when the substance was last applied within the
Enclosed Space; or
(b) for non-greenhouse use, a period of time commencing at the start of ventilation;
Explanatory note: during the REI, there are entry restrictions as specified by Additional Control 6.
Sensitive Area means residential dwellings and sites such as schools, playgrounds, early childhood centres,
prisons, hospitals or long-term care facilities, and any place where non-occupational bystanders are present
or could normally be expected to be present.
Spot treatment means small-scale manual application of the substance in a targeted manner, to localised or
restricted areas (i.e. not complete coverage). Spot treatment excludes broad-acre or wide-dispersive
application by methods such as boom or air-blast sprayer, or aerial application.
Start of Application means the time when the substance is first applied within the Application Area for a
single application event.
Treated Produce Storage Location means an Enclosed Space that does not contain the Application Area,
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where produce treated with the substance is placed.
Ventilation means the deliberate release, after the End of Application, of the atmosphere in an Enclosed
Space where the substance was applied, intended to reduce the airborne dichlorvos concentration.
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HSR000212 - Aerosol containing 50 g/kg dichlorvos
Table HSR000212-1. Controls for the substance “Aerosol containing 50 g/kg dichlorvos”
(HSR000212)
Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
Code Regulation Description Variation
T1 Regs 11 –
27
Limiting exposure to
toxic substances
through the setting of
TELs
No ADE, PDE or TEL values are set for this substance at this
time.
T2 Regs 29, 30 Controlling exposure
in places of work
through the setting of
WESs.
Workplace Exposure Standards:
Under regulation 29(2) of the Hazardous Substance (Classes
6, 8, and 9 Controls) Regulations 2001, the Authority adopts
as workplace exposure standards for this substance, and
each component of this substance, any applicable value or
values specified in the document described in “Workplace
Exposure Standards”, published by the Ministry of Business,
Innovation and Employment, February 2013, available at
http://www.business.govt.nz/worksafe/information-
guidance/all-guidance-items/workplace-exposure-standards-
and-biological-exposure-indices/workplace-exposure-
standards-and-biological-indices-2013.pdf
T3 Regs 5(1), 6 Requirements for
keeping records of
use
REQUIREMENT TO KEEP RECORDS OF APPLICATION
The following variations take effect on 15 March 2016:
Clauses (1) and (2) of regulation 5 of the Hazardous
Substances (Classes 6, 8 and 9 Controls) Regulations 2001
are deleted and replaced with the following:
A person in charge of this substance must ensure that a
written record of each application of the substance is kept.
MATTERS TO BE INCLUDED IN RECORD
The following subclauses are added after subclause (g) of
clause (1) of regulation 6 of the Hazardous Substances
(Classes 6, 8 and 9 Controls) Regulations 2001:
(h) measures implemented to comply with an REI
required by Additional Control 6 (AC6):
(i) size of the Application Area, and any associated
Enclosed Space:
(j) the location and extent of any Exclusion Zone as
required by Additional Control 7 (AC7):
(k) the application method used to apply the
substance:
(l) number of cylinder changes, by each person
involved in the application, in relation to the
requirements of Additional Control 4 (AC4):
(m) quantity of dichlorvos manually applied by each
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person involved in the application of the substance,
in relation to the requirements of Additional
Control 4 (AC4):
(n) measures implemented to monitor worker
exposures to dichlorvos;
(o) where notification is required under Additional
Control 11 (AC11), details of how it was
determined who should be notified, who was
notified, and what information was provided.
T4 Reg 7 Requirements for
equipment used to
handle substances
T5 Reg 8 Requirements for
protective clothing
and equipment
From 15 September 2017, this control no longer applies to
this substance.
Explanatory note: the requirements are replaced by the
requirements of additional control AC5: Personal Protective
Equipment, detailed below.
T6 Reg 9 Approved
handler/security
requirements for
certain toxic
substances
Regulation 9 of the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
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 this substance is being transported on
land—
(i) by rail, the person who drives the rail vehicle
that is transporting the substance is fully
trained in accordance with the approved
safety system for the time being approved
under section 6D of the Transport Services
Licensing Act 1989; and
(ii) other than by rail, the person who drives,
loads, and unloads the vehicle that is
transporting the substance has a current
dangerous goods endorsement on his or her
driver licence; and
(iii) in all cases, Land Transport Rule: Dangerous
Goods 1999 (Rule 45001) is complied with;
or
(b) when this substance is being transported by sea,
one of the following is complied with:
(i) Maritime Rules: Part 24A – Carriage of
Cargoes – Dangerous Goods (MR024A):
(ii) International Maritime Dangerous Goods
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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—
(i) the handling of this substance in any place
that is not within an aerodrome; or
(ii) the loading and managing of this substance
for the purpose of aerial spraying or
dropping.
(4) In this regulation, UN Model Regulations means the
17th revised edition of the Recommendation on the
transport of Dangerous Goods Model Regulations,
published in 2013 by the United Nations.
T7 Reg 10 Restrictions on the
carriage of toxic or
corrosive substances
on passenger service
vehicles
Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
Code Regulation Description Variation
E1 Regs 32 –
45
Limiting exposure to
ecotoxic substances
through the setting
of EELs
Regulation 32 of the Hazardous Substances (Classes 6, 8,
and 9 Controls) Regulations 2001
Regulation 32 subclauses (1) and (2) are deleted.
Explanation: The default Environmental Exposure Limits
(EEL) are deleted. No EEL is set for this substance at this
time.
E2 Regs 46 –
48
Restrictions on use
of substances in
application areas
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E3 Reg 49 Controls relating to
protection of
terrestrial
invertebrates e.g.
beneficial insects
E5 Regs 5(2), 6 Requirements for
keeping records of
use
REQUIREMENT TO KEEP RECORDS OF APPLICATION
The following variations take effect on 15 March 2016:
Clauses (1) and (2) of regulation 5 of the Hazardous
Substances (Classes 6, 8 and 9 Controls) Regulations 2001
are deleted and replaced with the following:
A person in charge of the substance must ensure that a
written record of each application of the substance is kept.
MATTERS TO BE INCLUDED IN RECORD
The following subclauses are added after subclause (g) of
clause (1) of regulation 6 of the Hazardous Substances
(Classes 6, 8 and 9 Controls) Regulations 2001:
(h) measures implemented to comply with an REI
required by Additional Control 6 (AC6):
(i) size of the Application Area, and any associated
Enclosed Space:
(j) the location and extent of any Exclusion Zone as
required by Additional Control 7 (AC7):
(k) the application method used to apply the
substance:
(l) number of cylinder changes, by each person
involved in the application, in relation to the
requirements of Additional Control 4 (AC4):
(m) quantity of dichlorvos manually applied by each
person involved in the application of the substance,
in relation to the requirements of Additional
Control 4 (AC4):
(n) measures implemented to monitor worker
exposures to dichlorvos:
(o) where notification is required under Additional
Control 11 (AC11), details of how it was
determined who should be notified, who was
notified, and what information was provided.
E6 Reg 7 Requirements for
equipment used to
handle substances
E7 Reg 9 Approved
handler/security
requirements for
certain ecotoxic
Regulation 9 of the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
The following regulation is inserted immediately after
regulation 9:
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substances 9A Exception to approved handler requirement for
transportation of packaged pesticides
(1) Regulation 9 is deemed to be complied with if:
(a) when this substance is being transported on
land—
(i) by rail, the person who drives the rail vehicle
that is transporting the substance is fully
trained in accordance with the approved
safety system for the time being approved
under section 6D of the Transport Services
Licensing Act 1989; and
(ii) other than by rail, the person who drives,
loads, and unloads the vehicle that is
transporting the substance has a current
dangerous goods endorsement on his or her
driver licence; and
(iii) in all cases, Land Transport Rule: Dangerous
Goods 1999 (Rule 45001) is complied with;
or
(b) when this substance is being transported by sea,
one of the following is complied with:
(i) Maritime Rules: Part 24A – Carriage of
Cargoes – Dangerous Goods (MR024A):
(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—
(i) the handling of this substance in any place
that is not within an aerodrome; or
(ii) the loading and managing of this substance
for the purpose of aerial spraying or
dropping.
(4) In this regulation, UN Model Regulations means the
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17th revised edition of the Recommendation on the
transport of Dangerous Goods Model Regulations,
published in 2013 by the United Nations.
Hazardous Substances (Identification) Regulations 2001
Code Regulation Description Variation
I1 Regs 6, 7,
32 – 35,
36(1) – (7)
Identification
requirements, duties
of persons in charge,
accessibility,
comprehensibility,
clarity and durability
I3 Reg 9 Priority identifiers for
ecotoxic substances
I8 Reg 14 Priority identifiers for
toxic substances
I9 Reg 18 Secondary identifiers
for all hazardous
substances
I11 Reg 20 Secondary identifiers
for ecotoxic
substances
I16 Reg 25 Secondary identifiers
for toxic substances
I17 Reg 26 Use of generic
names
I18 Reg 27 Requirements for
using concentration
ranges
I19 Regs 29 –
31
Additional
information
requirements,
including situations
where substances
are in multiple
packaging
I20 Reg 36(8) Durability of
information for class
6.1 substances
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I21 Regs 37 –
39, 47 – 50
General
documentation
requirements
I23 Reg 41 Specific
documentation
requirements for
ecotoxic substances
I28 Reg 46 Specific
documentation
requirements for
toxic substances
I29 Regs 51, 52 Signage
requirements
I30 Reg 53 Advertising corrosive
and toxic substances
Hazardous Substances (Disposal) Regulations 2001
Code Regulation Description Variation
D4 Reg 8 Disposal
requirements for
toxic and corrosive
substances
D5 Reg 9 Disposal
requirements for
ecotoxic substances
D6 Reg 10 Disposal
requirements for
packages
D7 Regs 11, 12 Information
requirements for
manufacturers,
importers and
suppliers, and
persons in charge
D8 Regs 13, 14 Documentation
requirements for
manufacturers,
importers and
suppliers, and
persons in charge
Hazardous Substances (Emergency Management) Regulations 2001
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Code Regulation Description Variation
EM1 Regs 6, 7, 9
– 11
Level 1 information
requirements for
suppliers and
persons in charge
EM6 Reg 8(e) Information
requirements for
toxic substances
EM7 Reg 8(f) Information
requirements for
ecotoxic substances
EM8 Regs 12 –
16, 18 – 20
Level 2 information
requirements for
suppliers and
persons in charge
EM11 Regs 25 –
34
Level 3 emergency
management
requirements: duties
of person in charge,
emergency
response plans
EM13 Reg 42 Level 3 emergency
management
requirements:
signage
Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001
Code Regulation Description Variation
AH1 Regs 4 to 6 Approved Handler
requirements
(including test
certificate and
qualification
requirements)
Hazardous Substances (Tracking) Regulations 2001
Code Regulation Description Variation
TR1 Regs 4(1), 5,
6
General tracking
requirements
Hazardous Substances (Compressed Gases) Regulations 2004
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Code Regulation Description Variation
CG The Hazardous Substance
(Compressed Gases)
Regulations 2004 prescribe a
number of controls relating to
compressed gases including
aerosols and gas cylinders.
Additional controls
S77A Water restriction
(1) This substance must not be applied onto or into water.
(2) In subclause (1), ‘water‘ means water in all its physical forms, whether flowing or not, and whether over or
under ground, but does not include water in any form while in a pipe, tank or cistern or water used in the
dilution of the substance prior to application or water used to rinse the container after use.
AC1: IDENTIFICATION AS AN ORGANOPHOSPHATE
CONTROL/LABEL STATEMENT
(1) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label clearly
states that the substance is an organophosphate-containing substance.
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (1)(a).
AC2: RESTRICTION ON METHOD OF APPLICATION
CONTROL
(1) From 15 September 2020 no person can apply the substance, unless the application is by fully
automated equipment.
(2) The person in charge of the application of this substance must ensure that the application is carried out in
accordance with the requirements of subclause (1).
LABEL STATEMENT
(3) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label specifies
the application equipment or techniques that may be used to apply the substance, in accordance
with subclause (1); and
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (3)(a)
AC3: APPLICATION PARAMETERS
CONTROL
(1) From 15 March 2016, the person in charge of the application of this substance and any person applying
the substance must ensure that the substance is not applied—
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(a) in a Sensitive Area; or
(b) outdoors.
(2) From 15 September 2017, the person in charge of the application of this substance and any person
applying the substance must ensure that the substance is not applied at a rate in excess of 0.05 g
dichlorvos / m3.
INFORMATION
(3) From 15 March 2016—
(a) a person must not supply this substance to any other person unless the packaged substance is
accompanied by information that states that application of this substance is prohibited—
(i) in a Sensitive Area; or
(ii) outdoors; and
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the information required by subclause (3)(a).
LABEL STATEMENT
(4) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label shows the
restrictions specified by subclauses (1) and (2); and
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (4)(a).
AC4: MAXIMUM HANDLING QUANTITY
CONTROL
(1) From 15 September 2017, the person in charge of the application of this substance and any person
applying the substance must ensure that application of the substance is carried out in accordance with
the following application restriction:
(a) for applications using fully automated equipment, a person must not carry out more than 2 cylinder
changes of the substance in any 24 hour period:
(b) for manual applications, a person must not apply in excess of 18.75 g (dichlorvos) in any 24 hour
period.
(2) For avoidance of doubt, from 15 September 2020, subclause (1)(b) does not apply because manual
application of this substance is not allowed by the restrictions imposed by Additional Control 2(AC2).
LABEL STATEMENT
(3) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label shows any
restrictions specified by subclause (1); and
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (2)(a).
(3) From 15 September 2020, despite subclause (2), the substance label is not required to show the
restrictions specified by subclause (1)(b).
AC5: PERSONAL PROTECTIVE EQUIPMENT
CONTROL
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(1) From 15 September 2017, any person—
(a) who is carrying out cylinder connections or disconnections must meet the following minimum
standards for protective equipment by wearing the following:
Full Personal Protective Equipment (PPE):
Chemical resistant gloves.
Respiratory Protective Equipment (RPE):
Respiratory protective equipment (with an appropriate protection factor) to protect against
respiratory exposure to the substance in dust, mist, gas or vapour forms of the substance;
or,
(b) who is—
(i) present in an Application Area or Enclosed Space from the Start of Application until the
end of the Restricted Entry Interval (REI); or
(ii) manually applying the substance;
must meet the following minimum standards for protective equipment by wearing the following:
Full Personal Protective Equipment (PPE):
Chemical resistant coveralls
Chemical resistant gloves
Chemical resistant footwear plus socks
Protective eyewear
Chemical resistant headgear for overhead exposures
Respiratory Protective Equipment (RPE):
Respiratory protective equipment (with an appropriate protection factor) to protect against
respiratory exposure to the substance in dust, mist, gas or vapour forms of the substance.
(2) However, subclause (1) does not apply in relation to hazardous substances in a closed package that
complies with the Hazardous Substances (Packaging) Regulations 2001.
(3) From 15 September 2017, a person in charge of a substance specified in subclause (1) must ensure that
protective clothing or equipment used to handle the substance is accompanied by documentation
containing information specifying—
(a) the circumstances in which the clothing or equipment may be used; and
(b) the requirements for maintaining the clothing or equipment.
(4) In subclause (3)(a), circumstances include, if relevant, the presence of other substances, and the
temperatures and pressures in or at which the clothing or equipment may be used.
(5) The documentation provided under subclause (3) must comply with regulation 48 of the Hazardous
Substances (Identification) Regulations 2001.
LABEL STATEMENT
(6) From 15 September 2017—
(a) where PPE or RPE is prescribed under subclause (1), a person must not supply this substance to
any other person unless the substance label specifies the PPE and RPE required to be worn during
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the following lifecycle stages, in accordance with subclause (1):
connecting and disconnecting cylinders;
application;
re-entry into treated areas; and
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (6)(a).
(7) From 15 September 2020, despite subclause (6), the substance label is not required to show the
restrictions specified by subclause (1)(b)(ii).
AC6: RESTRICTED ENTRY INTERVAL (REI)
CONTROL
(1) From 15 September 2017, the person in charge of the Application Area must take all practicable steps
to ensure that no person—
(a) is present in the Enclosed Space, when this substance is being discharged;
(b) enters the Enclosed Space, from the End of Application until the end of the Restricted Entry
Interval (REI);
(2) Subclause (1) does not apply to a person applying the substance.
(3) From 15 September 2017, the person in charge of the Application Area and the person in charge of the
Treated Produce Storage Location must ensure that no person who is authorised to be there enters the
Treated Produce Storage Location, from the time any produce treated with the substance is moved to
that location, until—
(a) the end of the REI; or
(b) the concentration of dichlorvos in the air space of the treated produce is less than 0.05 ppm, as
measured by a direct-indication short-term concentration monitoring device.
(4) The REI for this substance is—
(a) 24 hours (for greenhouse applications);
(b) 48 hours (for non-greenhouse applications).
(5) Despite subclause (1) to (3), a person can enter the Enclosed Space or Treated Produce Storage
Location within the REI, provided—
(a) full PPE and RPE is worn, meeting the requirements of Additional Control 5 (AC5); and
(b) the person is present in the Enclosed Space, Application Area or Treated Produce Storage
Location for a total period of less than 30 minutes in any 24 hour period.
LABEL STATEMENT
(6) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label shows the
requirements for the REIs and corresponding PPE and RPE, in accordance with subclauses (1) to
(5); and
(b) a person who is in charge of this substance must ensure that the substance label shows the
information required by subclause (6)(a).
AC7: EXCLUSION ZONES
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CONTROL
(1) From 15 September 2017, the person in charge of the Application Area must establish an Exclusion
Zone that—
(a) extends to a distance of 20 m outward from the perimeter of the Enclosed Space; and
(b) is maintained from the Start of Application until at least 2 hours from the End of Application.
(2) No person is permitted to be present in an Exclusion Zone for more than 15 minutes in any 24 hour
period.
(3) Despite subclause (2), a person may enter the Exclusion Zone for longer than 15 minutes if if that
person is wearing RPE that meets the requirements of Additional Control 5 (AC5) are worn.
(4) The person in charge of the Enclosed Space and the person in charge of the application must take all
practicable steps to ensure that no person is present in the Exclusion Zone, unless that person complies
with subclause (3).
LABEL STATEMENT
(5) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label shows the
requirements for the REIs and corresponding RPE, in accordance with subclauses (1) to (4).
(b) a person who is in charge of this substance must ensure that the packaged substance is
accompanied by the label required by subclause (5)(a).
AC9: SIGNAGE
CONTROL
(1) For avoidance of doubt, this control does not apply to outdoor application of the substance.
(2) From 15 September 2017, the person in charge of the Application Area and the person in charge of the
application of the substance must ensure that signs are—
(a) erected outside of the Enclosed Space, at every routine point of entry into the Enclosed Space;
and
(b) posted from the Start of Application, until the end of the REI.
(3) Signs erected in accordance with subclause (2) must state—
(a) that application is being carried out using a substance that is toxic to humans;
(b) that entry into the Enclosed Space is not permitted unless PPE and RPE are worn;
(c) the required PPE and RPE to be worn for entry into the Enclosed Space;
(d) the day on which the application commenced; and
(e) the time and date of the end of the REI.
(4) Signs erected in accordance with subclauses (2) and (3) must—
(a) comply with regulation 34(1), (2), and (4) and regulation 35(1), (3), and (5) of the Hazardous
Substances (Identification) Regulations 2001, but as if the distances referred to in regulation 35(3)
were a distance of not less than 10 metres; and
(b) identify the person in charge of the application.
(5) Signs must be removed within 3 days (72 hours) of the end of REI.
AC10: PERMISSIONS
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CONTROL
(1) From 15 September 2017, a person must not apply this substance if a Sensitive Area is located (either
partially or entirely) within the Exclusion Zone, unless a permission to do so has first been obtained from
the Authority under section 95A of the Hazardous Substances and New Organisms Act 1996.
(2) Subclause (1) does not apply to spot-treatment application of the substance.
LABEL STATEMENT
(3) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label includes the
information required by subclauses (1) and (2); and
(b) a person who is in charge of this substance must ensure that the substance label shows the
information required by subclause (3)(a).
(4) From 15 September 2020, despite subclause (3), the substance label is not required to show the
requirements for permissions specified by subclause (2).
AC11: NOTIFICATION
CONTROL
(1) From 15 September 2017, a person who applies the substance must ensure that all reasonable
measures have been taken to give notice of the operation to the occupants of every Sensitive Area
within (either partially or entirely) 100 m of the perimeter of the Enclosed Space.
(2) Subclause (1) does not apply to spot-treatment application of the substance.
(3) The notice referred to in subclause (1) must—
(a) be given at least 12 hours, but no more than 48 hours, in advance of the Start of Application; and
(b) specify—
(i) the date and approximate time and duration of the application activity, including ventilation;
(ii) the steps to be taken by the notified parties to avoid exposure; and
(iii) contact details for the person in charge of the application (including phone number for
immediate contact, and email or postal address).
LABEL STATEMENT
(4) From 15 September 2017—
(a) a person must not supply this substance to any other person unless the substance label shows that
requirements for notification in accordance with the requirements of subclauses (1) to (3); and
(b) a person who is in charge of this substance must ensure that the substance label shows the
information required by subclause (4)(b).
(5) From 15 September 2020, despite subclause (4), the substance label is not required to show the
requirements for notification specified by subclause (2).
AC12: IMPURITIES
CONTROL
The dichlorvos component of this substance must not contain the following impurities in concentrations greater
than the following—
Chloral [CAS 75-87-6]: 5 g / kg;
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Water [CAS 7732-18-5]: 0.5 g / kg
Methyl chloride [CAS 74-87-3]: 5 g / kg;
Trimethylphosphate [CAS 512-56-1]: 4 g / kg.
Definitions:
Application Area means—
(a) for indoor application, an area within an Enclosed Space within which the substance—
(i) has been applied; or
(ii) is intended to be applied; or
(b) for outdoor application, the area within the boundary defined by the outer extremity of an area within
which the substance—
(i) has been applied; or
(ii) is intended to be applied.
Buffer Zone means an area extending a specified distance downwind from an Application Area, which must
not contain any Sensitive Area. A Buffer Zone prescribes the closest point of discharge of the substance to a
Sensitive Area.
Chemical resistant, in terms of PPE, means the equipment is constructed in a manner that provides a
specified reduction in dermal exposure to the substance, as follows:
PPE item % reduction value
Gloves ≥90
Coverall, footwear and
head-gear ≥95
Enclosed Space means—
(a) any structure or structures with an internal airspace, or air supply, in common; or
(b) parts of a structure with an internal airspace, or air supply, in common.
End of Application means the time when the substance was last applied within the Application Area for a
single application event.
Exclusion Zone means an area extending outward, to a specified distance, from the perimeter of each
Enclosed Space
Fully automated, in terms of application equipment, means application equipment that does not require an
operator to be in the Enclosed Space to apply the substance. Fully automated equipment must be operated in
a manner that does not require an operator to be in the same Enclosed Space as the application equipment
for the duration of the application. If operators have to enter the same Enclosed Space as the application
equipment during application, then the equipment is not considered to be fully automated.
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Manual, in terms of application equipment and methods, means the operation of the application equipment by
a person who is in the Application Area at any time during application of the substance.
Non-occupational bystander means any person who lives, works or attends school or any another institution
or location adjacent to an area that has been treated with the substance, but whose presence is incidental and
unrelated to work involving the substance.
Personal Protective Equipment (PPE) means clothing or equipment that is designed, constructed and used
to ensure that the person does not come into contact with the substance.
Respiratory Protective Equipment (RPE) means an item of PPE that is worn or used by a person
specifically to ensure that the person is protected against inhalation of the substance.
Restricted Entry Interval (REI) means—
(a) for greenhouse use, a period of time commencing when the substance was last applied within the
Enclosed Space; or
(b) for non-greenhouse use, a period of time commencing at the start of ventilation;
Explanatory note: during the REI, there are entry restrictions as specified by Additional Control 6.
Sensitive Area means residential dwellings and sites such as schools, playgrounds, early childhood centres,
prisons, hospitals or long-term care facilities, and any place where non-occupational bystanders are present
or could normally be expected to be present.
Spot treatment means small-scale manual application of the substance in a targeted manner, to localised or
restricted areas (i.e. not complete coverage). Spot treatment excludes broad-acre or wide-dispersive
application by methods such as boom or air-blast sprayer, or aerial application.
Start of Application means the time when the substance is first applied within the Application Area for a
single application event.
Treated Produce Storage Location means an Enclosed Space that does not contain the Application Area,
where produce treated with the substance is placed.
Ventilation means the deliberate release, after the End of Application, of the atmosphere in an Enclosed
Space where the substance was applied, intended to reduce the airborne dichlorvos concentration.
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Part 2: Controls for use of substances with revoked approvals
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HSR000207 - Flammable aerosol containing 3.1 g/litre dichlorvos and 8.7 g/litre propoxur
Note: import or manufacture of this substance is no longer permitted. Existing stocks must be disposed of by 15 March 2016
Table HSR000207-1: Controls for the substance “Flammable aerosol containing 3.1 g/litre dichlorvos
and 8.7 g/litre propoxur“
Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001
Code Regulation Description Variation
F1 Reg 7 General test
certification
requirements for
hazardous substance
locations
F2 Reg 8 Restrictions on the
carriage of flammable
substances on
passenger service
vehicles
F3 Reg 55 General limits on
flammable
substances
F4 Reg 56 Approved
handler/security
requirements for
certain flammable
substances
Regulation 56 of the Hazardous Substances (Classes 1 to 5
Controls) Regulations 2001
The following regulation is inserted immediately after
regulation 56:
56A Exception to approved handler requirement for
transportation of packaged pesticides
(1) Regulation 56 is deemed to be complied with if:
(a) when this substance is being transported on land—
(i) by rail, the person who drives the rail vehicle that is
transporting the substance is fully trained in accordance with
the approved safety system for the time being approved
under section 6D of the Transport Services Licensing Act
1989; and
(ii) other than by rail, the person who drives, loads, and
unloads the vehicle that is transporting the substance has a
current dangerous goods endorsement on his or her driver
licence; and
(iii) in all cases, Land Transport Rule: Dangerous
Goods 1999 (Rule 45001) is complied with; or
(b) when this substance is being transported by sea,
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one of the following is complied with:
(i) Maritime Rules: Part 24A – Carriage of Cargoes –
Dangerous Goods (MR024A):
(ii) International Maritime Dangerous Goods Code; or
(c) when this substance is 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—
(i) the handling of this substance in any place that is
not within an aerodrome; or
(ii) the loading and managing of this substance for the
purpose of aerial spraying or dropping.
(4) In this regulation, UN Model Regulations means the 13th
revised edition of the Recommendation on the Transport of
Dangerous Goods Model Regulations, published in 2003 by
the United Nations.
F5 Regs 58, 59 Requirements
regarding hazardous
atmosphere zones for
class 2.1.1, 2.1.2 and
3.1 substances
F6 Regs 60 –
70
Requirements to
prevent unintended
ignition of class 2.1.1,
2.1.2 and 3.1
substances
F11 Reg 76 Segregation of
incompatible
substances
F12 Regs 77 Requirement to
establish a hazardous
substance locations if
flammable
substances are
present
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F14 Reg 81 Test certification
requirements for
facilities where class
2.1.1, 2.1.2 or 3.1
substances are
present
Regulation 81 of the Hazardous Substances (Classes 1 to 5
Controls) Regulations 2001
A hazardous substance location does not require a test
certificate if—
(a) the hazardous substance location is situated on a
farm of not less than 4 hectares; and
(b) the combined quantity of each class 3.1B or class
3.1C substance and any petrol, aviation gasoline, or racing
gasoline stored at the location is less than 2,000 litres; and
(c) either—
(i) the following requirements are complied with:
(A) each substance is stored in 1 or more secure
containers, each of which has a capacity of less than 250
litres; and
(B) each container complies with regulation 11 and
Schedule 2 of the Hazardous Substances (Packaging)
Regulations 2001; and
(C) each container is—
(1) situated not less than 15 metres from any area of
high intensity land use or area of regular habitation; and
(2) situated either in the open or in a well-ventilated
building; and
(3) in a compound or located so that any spillage of the
substance will not endanger any building, or flow into any
stream, lake, or natural water; or
(ii) the following requirements are complied with:
(A) each substance is stored in an above ground
stationary tank that complies with the Stationary Container
Controls in Schedule 8 of the Hazardous Substances
(Dangerous Goods and Scheduled Toxic Substances)
Transfer Notice 2004, as amended by this Schedule; and
(B) each of the above ground stationary tanks is
situated—
(1) not less than 20 metres from any area of high-
intensity land use or area of regular habitation; and
(2) 6 metres from any combustible materials; and
(3) in a compound or located so that any spillage of the
substance will not endanger any building, or flow into any
stream, lake, or natural water.
F16 Reg 83 Controls on transit
depots where
flammable
substances are
present
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Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
Code Regulation Description Variation
T1 Regs 11 –
27
Limiting exposure to
toxic substances
through the setting of
TELs
No ADE, PDE or TEL values are set for this substance at this
time.
T2 Regs 29, 30 Controlling exposure
in places of work
through the setting of
WESs.
Workplace Exposure Standards:
Under regulation 29(2) of the Hazardous Substance
(Classes 6, 8, and 9 Controls) Regulations 2001, the
Authority adopts as workplace exposure standards for
this substance, and each component of this substance,
any applicable value or values specified in the
document described in “Workplace Exposure
Standards”, published by the Ministry of Business,
Innovation and Employment, February 2013, available
at http://www.business.govt.nz/worksafe/information-
guidance/all-guidance-items/workplace-exposure-
standards-and-biological-exposure-indices/workplace-
exposure-standards-and-biological-indices-2013.pdf
T4 Reg 7 Requirements for
equipment used to
handle substances
T5 Reg 8 Requirements for
protective clothing
and equipment
T7 Reg 10 Restrictions on the
carriage of toxic or
corrosive substances
on passenger service
vehicles
The maximum quantity of this substance that can be carried
on a passenger service vehicle is 1.0 L per package
E1 Regs 32 –
45
Limiting exposure to
ecotoxic substances
through the setting of
EELs
Regulation 32 of the Hazardous Substances (Classes 6, 8,
and 9 Controls) Regulations 2001
Regulation 32 subclauses (1) and (2) are deleted.
Explanation: The default Environmental Exposure Limits
(EEL) are deleted. No EEL is set for this substance at this
time.
E6 Reg 7 Requirements for
equipment used to
handle substances
E7 Reg 9 Approved
handler/security
requirements for
certain ecotoxic
substances
Regulation 9 of the Hazardous Substances (Classes 6, 8,
and 9 Controls) Regulations 2001
Regulation 9(1) is replaced by:
(1) This substance must be under the personal control of an
approved handler when the substance is used by a
commercial contractor.
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Hazardous Substances (Identification) Regulations 2001
Code Regulation Description Variation
I1 Regs 6, 7,
32 – 35,
36(1) – (7)
Identification
requirements, duties
of persons in charge,
accessibility,
comprehensibility,
clarity and durability
I3 Reg 9 Priority identifiers for
ecotoxic substances
I5 Reg 11 Priority identifiers for
flammable
substances
I8 Reg 14 Priority identifiers for
toxic substances
I9 Reg 18 Secondary identifiers
for all hazardous
substances
I11 Reg 20 Secondary identifiers
for ecotoxic
substances
I13 Reg 22 Secondary identifiers
for flammable
substances
I16 Reg 25 Secondary identifiers
for toxic substances
I17 Reg 26 Use of generic names
I18 Reg 27 Requirements for
using concentration
ranges
I19 Regs 29 –
31
Additional information
requirements,
including situations
where substances are
in multiple packaging
I20 Reg 36(8) Durability of
information for class
6.1 substances
I21 Regs 37 –
39, 47 – 50
General
documentation
requirements
I23 Reg 41 Specific
documentation
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Code Regulation Description Variation
requirements for
ecotoxic substances
I25 Reg 43 Specific
documentation
requirements for
flammable
substances
I28 Reg 46 Specific
documentation
requirements for toxic
substances
I29 Regs 51, 52 Signage requirements
I30 Reg 53 Advertising corrosive
and toxic substances
Hazardous Substances (Disposal) Regulations 2001
Code Regulation Description Variation
D2 Reg 6 Disposal
requirements for
flammable
substances
D4 Reg 8 Disposal
requirements for toxic
and corrosive
substances
D5 Reg 9 Disposal
requirements for
ecotoxic substances
D6 Reg 10 Disposal
requirements for
packages
D7 Regs 11, 12 Information
requirements for
manufacturers,
importers and
suppliers, and
persons in charge
D8 Regs 13, 14 Documentation
requirements for
manufacturers,
importers and
suppliers, and
persons in charge
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Hazardous Substances (Emergency Management) Regulations 2001
Code Regulation Description Variation
EM1 Regs 6, 7, 9
– 11
Level 1 information
requirements for
suppliers and persons
in charge
EM6 Reg 8(e) Information
requirements for toxic
substances
EM7 Reg 8(f) Information
requirements for
ecotoxic substances
EM8 Regs 12 –
16, 18 – 20
Level 2 information
requirements for
suppliers and persons
in charge
EM11 Regs 25 –
34
Level 3 emergency
management
requirements: duties
of person in charge,
emergency response
plans
EM13 Reg 42 Level 3 emergency
management
requirements:
signage
Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001
Code Regulation Description Variation
AH 1 Regs 4 – 6 Approved Handler
requirements
(including test
certificate and
qualification
requirements)
Refer to control E7
Hazardous Substances (Compressed Gases) Regulations 2004
Code Regulation Description Variation
CG The Hazardous
Substance
(Compressed Gases)
Regulations 2004
prescribe a number of
controls relating to
compressed gases
including aerosols
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Code Regulation Description Variation
and gas cylinders.
Additional controls
Additional Controls
S77A Water restriction
(1) This substance must not be applied onto or into water.
(2) In subclause (1), ‘water‘ means water in all its physical forms, whether flowing or not, and whether over or
under ground, but does not include water in any form while in a pipe, tank or cistern or water used in the
dilution of the substance prior to application or water used to rinse the container after use.
Schedule 10 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)
Transfer Notice 2004
The following clause replaces clause 1 of Schedule 10 of the Hazardous Substances (Dangerous Goods and
Scheduled Toxic Substances) Transfer Notice 2004:
(1) This Schedule applies to this substance.
Explanatory note:
This schedule prescribes the controls for the adverse effects of unintended ignition of class 2 and 3.1 flammable
substances. The requirements of this schedule are detailed in the consolidated version of the Hazardous
Substances (Dangerous Goods and Schedule Toxic Substances) Transfer Notice 2004, available from
http://www.epa.govt.nz/Publications/Transfer-Notice-35-2004.pdf .
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HSR000209 - Ready to use liquid containing 4.4 g/litre dichlorvos and 9.6 g/litre propoxur
Note: import or manufacture of this substance is no longer permitted. Existing stocks must be disposed of by 15 March 2016
Table HSR000209-1: Controls for the substance “Ready to use liquid containing 4.4 g/litre dichlorvos
and 9.6 g/litre propoxur “
Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001
Code Regulation Description Variation
T1 Regs 11 –
27
Limiting exposure to
toxic substances
through the setting of
TELs
No ADE, PDE or TEL values are set for this substance at this
time.
T2 Regs 29, 30 Controlling exposure
in places of work
through the setting of
WESs.
Workplace Exposure Standards:
Under regulation 29(2) of the Hazardous Substance
(Classes 6, 8, and 9 Controls) Regulations 2001, the
Authority adopts as workplace exposure standards for
this substance, and each component of this substance,
any applicable value or values specified in the
document described in “Workplace Exposure
Standards”, published by the Ministry of Business,
Innovation and Employment, February 2013, available
at http://www.business.govt.nz/worksafe/information-
guidance/all-guidance-items/workplace-exposure-
standards-and-biological-exposure-indices/workplace-
exposure-standards-and-biological-indices-2013.pdf
T4 Reg 7 Requirements for
equipment used to
handle substances
T5 Reg 8 Requirements for
protective clothing
and equipment
T7 Reg 10 Restrictions on the
carriage of toxic or
corrosive substances
on passenger service
vehicles
The maximum quantity of this substance that can be carried
on a passenger service vehicle is 1.0 L per package
E1 Regs 32 –
45
Limiting exposure to
ecotoxic substances
through the setting of
EELs
Regulation 32 of the Hazardous Substances (Classes 6, 8,
and 9 Controls) Regulations 2001
Regulation 32 subclauses (1) and (2) are deleted.
Explanation: The default Environmental Exposure Limits
(EEL) are deleted. No EEL is set for this substance at this
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Code Regulation Description Variation
time.
E5 Regs 5(2), 6 Requirements for
keeping records of
use
E6 Reg 7 Requirements for
equipment used to
handle substances
Hazardous Substances (Identification) Regulations 2001
Code Regulation Description Variation
I1 Regs 6, 7,
32 – 35,
36(1) – (7)
Identification
requirements, duties
of persons in charge,
accessibility,
comprehensibility,
clarity and durability
I2 Reg 8 Priority identifiers for
corrosive substances
I3 Reg 9 Priority identifiers for
ecotoxic substances
I8 Reg 14 Priority identifiers for
toxic substances
I9 Reg 18 Secondary identifiers
for all hazardous
substances
I10 Reg 19 Secondary identifiers
for corrosive
substances
I11 Reg 20 Secondary identifiers
for ecotoxic
substances
I16 Reg 25 Secondary identifiers
for toxic substances
I17 Reg 26 Use of generic names
I18 Reg 27 Requirements for
using concentration
ranges
I19 Regs 29 –
31
Additional information
requirements,
including situations
where substances are
in multiple packaging
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I20 Reg 36(8) Durability of
information for class
6.1 substances
I21 Regs 37 –
39, 47 – 50
General
documentation
requirements
I22 Reg 40 Specific
documentation
requirements for
corrosive substances
I23 Reg 41 Specific
documentation
requirements for
ecotoxic substances
I28 Reg 46 Specific
documentation
requirements for toxic
substances
I29 Regs 51, 52 Signage requirements
I30 Reg 53 Advertising corrosive
and toxic substances
Hazardous Substances (Packaging) Regulations 2001
Code Regulation Description Variation
P1 Regs 5, 6,
7(1), 8
General packaging
requirements
P3 Reg 9 Criteria that allow
substances to be
packaged to a
standard not meeting
Packing Group I, II or
III criteria
P13 Reg 19 Packaging
requirements for toxic
substances
P14 Reg 20 Packaging
requirements for
corrosive substances
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P15 Reg 21 Packaging
requirements for
ecotoxic substances
Hazardous Substances (Disposal) Regulations 2001
Code Regulation Description Variation
D4 Reg 8 Disposal
requirements for toxic
and corrosive
substances
D5 Reg 9 Disposal
requirements for
ecotoxic substances
D6 Reg 10 Disposal
requirements for
packages
D7 Regs 11, 12 Information
requirements for
manufacturers,
importers and
suppliers, and
persons in charge
D8 Regs 13, 14 Documentation
requirements for
manufacturers,
importers and
suppliers, and
persons in charge
Hazardous Substances (Emergency Management) Regulations 2001
Code Regulation Description Variation
EM1 Regs 6, 7, 9
– 11
Level 1 information
requirements for
suppliers and persons
in charge
EM2 Reg 8(a) Information
requirements for
corrosive substances
EM6 Reg 8(e) Information
requirements for toxic
substances
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EM7 Reg 8(f) Information
requirements for
ecotoxic substances
EM8 Regs 12 –
16, 18 – 20
Level 2 information
requirements for
suppliers and persons
in charge
EM11 Regs 25 –
34
Level 3 emergency
management
requirements: duties
of person in charge,
emergency response
plans
EM12
Regs 35 –
41
Level 3 emergency
management
requirements:
secondary
containment
The following subclauses are added after subclause (3) of
regulation 36:
(4) For the purposes of this regulation, and regulations 37 to
40, where this substance is contained in pipework that is
installed and operated so as to manage any loss of
containment in the pipework it—
(a) is not to be taken into account in determining
whether a place is required to have a secondary
containment system; and
(b) is not required to be located in a secondary
containment system.
(5) In this clause, pipework—
(a) means piping that—
(i) is connected to a stationary container; and
(ii) is used to transfer a hazardous substance
into or out of the stationary container; and
(b) includes a process pipeline or a transfer line.
The following subclauses are added at the end of regulation
37:
(2) If pooling substances which do not have class 1 to 5
hazard classifications are held in a place above ground
in containers each of which has a capacity of 60 litres or
less—
(a) if the place’s total pooling potential is less than
20,000 litres, the secondary containment system
must have a capacity of at least 25% of that total
pooling potential:
(b) if the place’s total pooling potential is 20,000 litres
or more, the secondary containment system must
have a capacity of the greater of—
(i) 5% of the total pooling potential; or
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(ii) 5,000 litres.
(3) Pooling substances to which subclause (2) applies must
be segregated where appropriate to ensure that leakage
of one substance may not adversely affect the container
of another substance.
The following subclauses are added at the end of regulation
38:
(2) If pooling substances which do not have class 1 to 5
hazard classifications are held in a place above ground
in containers 1 or more of which have a capacity of more
than 60 litres but none of which have a capacity of more
than 450 litres—
(a) if the place’s total pooling potential is less than
20,000 litres, the secondary containment system
must have a capacity of either 25% of that total
pooling potential or 110% of the capacity of the
largest container, whichever is the greater:
(b) if the place’s total pooling potential is 20,000 litres
or more, the secondary containment system must
have a capacity of the greater of—
(i) 5% of the total pooling potential; or
(ii) 5,000 litres
(3) Pooling substances to which subclause (2) applies must
be segregated where appropriate to ensure that the
leakage of one substance may not adversely affect the
container of another substance.
EM13 Reg 42 Level 3 emergency
management
requirements:
signage
Hazardous Substances (Tank Wagon and Transportable Containers) Regulations 2004
Code Regulation Description Variation
Tank
Wagon
Regs 4 to 43
as applicable
Controls relating to
tank wagons and
transportable
containers.
Additional controls
Additional Controls
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S77A Water restriction
(1) This substance must not be applied onto or into water.
(2) In subclause (1), ‘water‘ means water in all its physical forms, whether flowing or not, and whether over or
under ground, but does not include water in any form while in a pipe, tank or cistern or water used in the
dilution of the substance prior to application or water used to rinse the container after use.
Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer
Notice 2004
The following clause replaces clause 1 (1) of Schedule 8 of the Hazardous Substances (Dangerous Goods and
Scheduled Toxic Substances) Transfer Notice 2004:
(2) This Schedule applies to every stationary container system that contains, or is intended to contain this
substance.
Explanatory note:
This schedule prescribes the controls for stationary container systems. The requirements of this schedule are
detailed in the consolidated version of the Hazardous Substances (Dangerous Goods and Schedule Toxic
Substances) Transfer Notice 2004, available from http://www.epa.govt.nz/Publications/Transfer-Notice-35-
2004.pdf .
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