1. Preamble
Pursuant to section 160A of the Hazardous Substances and New Organisms Act 1996, the Environmental Risk Management Authority amends the Hazardous Substances (Fumigants) Transfer Notice 2004 (Supplement to the New Zealand Gazette,
29 October 2004, No. 140, page 3471) (“the notice”) as set out in the Schedule below.
2. Citation
This notice is the Hazardous Substances (Fumigants) (Amendment) Transfer Notice 2005.
3. Commencement
These amendments come into force on 1 May 2005.
Schedule
1. Omit, in the column headed
“Substance”
in Schedule 1 of the notice, the substance description
“Gas containing 660 – 670 g/kg methyl bromide and 330 g/kg chloropicrin”
and substitute the substance description
“Gas containing 300 – 670 g/kg methyl bromide and 330 – 700 g/kg chloropicrin”.
2. Omit, in Schedule 1 of the notice, the hazard classifications specified in the column headed
“Hazard Classifications”
for the substance
“Gas containing 20 g/kg phosphine”
and substitute the hazard classifications
“6.1C, 6.9A, 9.1C, 9.3C, 9.4C”.
3. Insert, at the end of Schedule 2 of the notice, the following changes to controls:
Control – HazardousSubstances (Tracking)Regulations 2001 Changes to controls
Regulation 6 The regulations apply to each hazardoussubstance described in Schedule 1 with variationcode 1 as if subclause (a) of this regulation were omitted at the point of retail sale when, at thatpoint:
(a) the aggregate quantity of each substancebeing sold is 3 kg or less; and
(b) the sale is to a person who will use that substance for fumigation.
Schedule 2, clause 5 This clause applies to each hazardous substance described in Schedule 1 with variation code 1 asif subclause (b) were omitted at the point ofretail sale when, at that point:
(a) the aggregate quantity of each substancebeing sold is 3 kg or less; and
(b) the sale is to a person who will use that substance for fumigation,
and the following subclause substituted:
“(b) the address of the place, the identity ofthe person who will be in control of the substance at that place, and the position (if any) of that person within his or her organisation; and”.
Regulations 4 to 6 The regulations apply to each hazardoussubstance described in Schedule 1 with variationcode 1 after the point of retail sale if theaggregate quantity of each substance is 3 kg orless as if these regulations were omitted.
4. Insert, in Schedule 4 of the notice, after clause 6, the following new clause:
6A Transitional provision for importers, manufacturers and suppliers
(1) Clause 1 of Schedule 3 does not apply to any person in possession of a hazardous substance described in Schedule 1 in his or her capacity as an importer, manufacturer, or supplier of such hazardous substance if on or before
31 October 2004 they were engaged in the activities of importing, manufacturing or supplying that substance.
(2) This clause expires with the close of 31 October 2006.
5. Omit, in column 1 of Schedule 5 of the notice, the substance description
“Gas containing 660 – 670 g/kg methyl bromide and 330 g/kg chloropicrin”
and substitute the substance description
“Gas containing 300 – 670 g/kg methyl bromide and 330 – 700 g/kg chloropicrin”.
6. Omit, in column 2 of Schedule 5 of the notice, under the component heading
“Phosphine”
the tolerable exposure limit
“TELair = 0.00007 mg/m3”
and substitute the tolerable exposure limit
“TELair = 0.0003 mg/m3”.