Managing Pesticides under the HSNO Act

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Managing Pesticides under the HSNO Act

• Welcome

May/ June 2004
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Seminar Outline

• Pesticides and the HSNO Act
• New controls on Pesticides
• Staged Implementation
• Test Certificates, Approved Handlers
• Minimising need for dual regimes (ACVM)
• Enforcement and compliance (OSH)

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The Authority

• 8 members appointed by the Minister for the
  Environment

• statutory decision-maker

• Board of Governance for
• ERMA New Zealand

• Chief Executive
• and Agency
• Around 90 staff

• Nga Kaihautu Tikanga Taiao
• advisory committee appointed by the Authority

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Overview on the Transfer of Pesticides to HSNO

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Why transfer

• All hazardous substances under same legislation
  (consistency and coordination)
• Older (outdated) legislation replaced
• Improve chemicals management (all hazardous
  properties considered)
• Streamline and update risk management
• Protect health and environment

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When

• 1 July 2004 for pesticides (1,600 products)
• Herbicides
• Insecticides
• Fungicides
• PGRs
• Molluscicides

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What

• Roundup Karate
• Kocide Dominex
• Ridomil Tamaron
• Manzate Folidol
• Hicane Thiovit
• Applaud

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When

• 1 July 2004 for
• Timber treatment chemicals
• Antifouling paints
• August/ September 2004 for
• Vertebrate poisons
• Fumigants

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Not being transferred NOW

• Veterinary medicines (scheduled for 2005)
• Ecto and endo parasiticides
• Anti-microbials
• etc
• NOTS (scheduled for 2006)
• Dairy sanitisers
• Chloride of lime

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HSNO

• Full life cycle (manufacture to disposal)
• Hazardous properties and controls
• Set out in regulations
• Toxic and ecotoxic
• Physical hazards (eg flammability)
• Packaging
• Disposal
• Emergency Management
• Tracking
• Personnel Qualifications

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Controls

• Primary tool to manage adverse effects
• Performance based
• Create certainty about what is to be met
• Flexibility in how to meet requirements
• Allows for changing technologies

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Process of transfer

• Proposals and consultation
• Approval by the Authority
• Gazette Notice
• Public Register

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Approved Handler

• For ecotoxicity
• Wide dispersive (aerial and mechanised ground
  operations enter air or water and leave the
  place)
• Commercial contractor
• Directly onto or into water

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What is the same

• Focus on preventing incidence for physical
  hazard
• Isolating people from toxic substances
• Packaging requirements
• Most labelling, signage, MSDS (ecotoxic and
  disposal will be new)
• Much of emergency preparedness (but more
  emphasis on plans)

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What is different

• All hazards considered
• Licenses for a place replaced by Test
  Certificates
• Exposure limits for toxic and ecotoxic
• Tracking and recording
• More need to show competence to handle substances
  (in general)
• Explicit requirements for disposal
• Approved Handler requirements

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Approved Handler

• Most of you will need to be an Approved Handler
• 1 2 years to do something

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Glyphosate/Round-up

• Classification 9.1B
• Ecotoxic E1, E2, E6, E8
• Identification I1, I3, I9, I11, I19, I21, I23,
  I29
• Packaging P1, P3, P15, PG3
• Disposal D5, D6, D7, D8
• Em. Man EM1, EM7, EM8, EM11, EM12, EM13
• App. Handler No

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2,4-D (eg Baton)

• Classification 6.1D, 6.3B, 6.9A, 8.3A, 9.1B,
  9.2A, 9.3B
• Toxic T1, T2, T3, T4, T5, T7
• Ecotoxic E1, E2, E5, E6, E7, E8
• Identification I1, I2, I3, I8, I9, I10, I11,
  I16, I17, I18, I19, I20, I21, I22, I23,
  I28, I29, I30
• Packaging P1, P3, P13, P14, P15, PG3
• Disposal D4, D5, D6, D7, D8
• Em. Man EM1, EM2, EM6, EM7, EM8, EM11, EM13
• App. Handler Yes (under certain circumstances)

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Certification Requirements for Pesticides Test
Certificates Test Certifiers Approved
HandlersStaged ImplementationGeoff
MayesMay/June 2004
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Content

• Test Certificates
• Tracking
• Fuel
• Person in Charge
• Approved Handler requirements
• Approved Handler qualifications
• Test Certifiers
• Staged Implementation
• Publications

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Types of Test Certificates

• Location certificate
• Required only for flammables and oxidisers
• Bulk tank certificates
• Required for all hazardous substances
• Approved Handlers
• Required for all types of hazardous substances

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Tracking

• Needed only for highly toxic substances
• (approx the old deadly and dangerous poisons)
• Requires
• Approved Handler
• Records
• Transfer
• Use
• Disposal

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Staged Implementation

• The new law will be introduced gradually

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Fuel Storage - Diesel

• Does not require a Location Test Certificate nor
  an Approved Handler
• Will require a tank certificate if underground,
  or larger than 5,000 litres above ground
• Existing tanks have three years to prepare a
  compliance plan
• All tanks larger than 1,000 litres must have
  secondary containment
• Existing tanks can propose alternatives in the
  compliance plan

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Fuel Storage - Petrol

• Will not require an Approved Handler if given
  guidance, and an Approved Handler is available
• Will need a location and tank certificate if
• Above ground tank larger than 2000 litres
• Below ground tanks of any size
• Existing tanks have three years to prepare a
  compliance plan for a tank certificate
• All tanks larger than 1,000 litres must have
  secondary containment
• Existing tanks can propose alternatives in the
  compliance plan

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Person in Charge

• Responsible for
• Keeping records
• Looks after equipment used
• Advice on protective clothing
• Ensures compliance for hazardous substance
  locations

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Approved Handler requirement

• Almost certain that every farm will require an
  Approved Handler
• Requirement is driven mainly by the chemicals
  that are toxic to humans
• Also if certain ecotoxic substances are used in
  certain ways

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What chemicals are Test Certificates needed for
Vegetable Growers?
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What chemicals are Test Certificates needed for
Fruit Growers?
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What chemicals are Test Certificates needed for
Arable Farmers?
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What chemicals are Test Certificates needed for
Sheep and Beef Farmers?
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What chemicals are Test Certificates needed for
Dairy Farmers?
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Who is an Approved Handler?

• A suitably competent and qualified person who can
  provide guidance to others
• Knowledgeable about the relevant parts of HSNO

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Why is an Approved Handler required?

• To manage hazardous substances to prevent damage
  to
• Environment
• Spray drift
• Affecting waterways
• Workers
• Know what to do in an emergency

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What products require Approved Handlers?

• Tracked substances
• Highly hazardous substances
• Flammable
• Toxic
• Ecotoxic
• Where a Location Certificate is required

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Where is the Approved Handler needed?

• Ecotoxics
• Generally this control has been removed, except
• For contractors
• For widely dispersive use
• For use into or over water
• Poisons
• Substances highly toxic to humans
• Equivalent to deadly and dangerous poisons
• Flammables
• If more than 2000 litres (total on a farm)
• Lower quantities outside of farms

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Do I need to be an Approved Handler?
Yes
Toxic to humans? (Class 6.1A/B/C)
Approved Handler required
No
Ecotoxic? (Class 9.1A,9.2A,9.3A)
How used?
Widely dispersive? Contractor? Onto/over water?
Yes
Approved Handler required
No
Approved Handler not required
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Need to be present and available?

• Approved Handler will not need to be present
• Approved Handler must have provided guidance
• Approved Handler will need to be available
• Available means
• Contactable within 5 minutes
• Able to provide advice

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How to become an Approved Handler

• Transitional
• Need to demonstrate 2 years experience
• Lasts for 2 years, non-renewable
• Full
• Apply to a test certifier
• Knowledge of substances
• Practical competence
• HSNO knowledge

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Who is a Test Certifier

• Qualified person approved by ERMA New Zealand for
  locations, tanks and handlers
• Where do I find one
• Register on our website
• Do not necessarily need face to face for Approved
  Handler

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How do I get the qualifications?

• Training provider
• Growsafe introductory course
• Other training course
• Test Certifier
• At work
• Must have experience and competence as well as
  the qualifications

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Staged implementation

• Will not be introducing the new law immediately.
  
• Why
• Industry, enforcement officers and Test
  Certifiers need to become familiar
• Approved Handlers need to get trained
• Will take time to issue all the Test Certificates

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Timetable for Approved Handlers

• People with two years previous experience
• No requirement until 1 January 2005
• Then automatically become an Approved Handler for
  two years ie until 31 December 2006
• Must become a full Approved Handler by 31
  December 2006
• Must start doing something now to meet the
  deadline
• People with no previous experience
• No requirement until 1 January 2005
• Must become a full Approved Handler by 1 January
  2005

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Communications

• Various publications available from our website.
• Step by step guides for industry sectors
• Pan industry guides for common issues
• Eg Approved Handlers

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Further information

• ERMA New Zealand web site www.ermanz.govt.nz
• ERMA New Zealand publications (web or hard copy)
• By email pesticidesinfo_at_ermanz.govt.nz
• By phone [phone]
• By fax [phone]

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