New Zealand Legislation: Regulations
Regulations are laws made under Acts
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as at 1 June 2001
(SR 2001/113)
Silvia Cartwright, Governor-General
At Wellington this 28th day of May 2001
Present:
Her Excellency the Governor-General in Council
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
These regulations are administered by the Ministry for the Environment.
Pursuant to section 74(a) of the Hazardous Substances and New Organisms Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council (given on the recommendation of the Minister for the Environment made in compliance with section 141(1) of that Act), makes the following regulations.
These regulations are the Hazardous Substances (Classification) Regulations 2001.
These regulations come into force on 2 July 2001.
In these regulations, unless the context otherwise requires,—
Act means the Hazardous Substances and New Organisms Act 1996
ASTM has the same meaning as it has in regulation 3 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
corrosive substance means a substance that meets the minimum degree of hazard prescribed by Schedule 5 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001 for a substance with corrosive properties
data has the same meaning as it has in regulation 3 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
desensitising agent means a substance or material that, when mixed with a class 1, class 4.1.2, or class 5.2 substance, produces a mixture that has reduced hazardous properties (in terms of those classifications) compared with the original class 1, class 4.1.2, or class 5.2 substance
ecotoxic substance means a substance that meets the minimum degree of hazard prescribed by Schedule 6 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001 for a substance with ecotoxic properties
explosive substance means a substance or article that meets the minimum degree of hazard prescribed by Schedule 1 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001 for a substance with explosive properties
flammable substance means a substance that meets the minimum degree of hazard prescribed by Schedule 2 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001 for a substance with flammable properties
gas has the same meaning as it has in regulation 3 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
ISO has the same meaning as it has in regulation 3 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
liquid has the same meaning as it has in regulation 3 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
organic peroxide means a substance that meets the minimum degree of hazard prescribed by Schedule 3 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001 for a class 5.2 substance
oxidising substance means a substance that meets the minimum degree of hazard prescribed by Schedule 3 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001 for a substance with oxidising properties that is classified as a class 5.1.1 or 5.1.2 substance; but does not include organic peroxide
SADT has the same meaning as it has in Schedule 2 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
solid has the same meaning as it has in regulation 3 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
Test Series has the same meaning as it has in regulation 3 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
toxic substance means a substance that meets the minimum degree of hazard prescribed by Schedule 4 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001 for a substance with toxic properties
UN Manual of Tests and Criteria has the same meaning as it has in regulation 3 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
UN Model Regulations has the same meaning as it has in regulation 3 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001.
(1) Except as provided in subclauses (6) and (7), the classification system for hazardous substances comprises—
(a) numbered classes (for example, class 4) indicating the intrinsic hazardous property of a substance:
(b) numbered subclasses (for example, subclass 4.2) indicating the type of hazard of a substance:
(c) lettered categories (for example, category A) indicating the degree of hazard of a substance.
(2) The combination of numbers and letters used in the classification system constitutes the hazard classification of a substance.
(3) Regulation 5 sets out the classes for each hazardous property.
(4) Regulations 6 to 11 set out the subclasses for each hazardous property class and also identify the categories of each subclass (except for substances with explosive properties).
(5) The schedules set out the criteria for each hazard classification (except for substances with explosive properties).
(6) All explosive substances are divided into both a subclass (indicating the type of explosive hazard) and a category (indicating compatibility groupings) in the combinations permitted by regulation 6. Categories for explosive substances do not indicate the degree of hazard.
(7) Categories for toxic substances do not necessarily indicate the degree of hazard.
(8) The table set out in Schedule 7 is intended as a guide to the classification system under these regulations.
(1) The classes of hazardous properties are as follows:
(a) class 1—explosiveness:
(b) class 2—flammability, gases:
(c) class 3—flammability, liquids:
(d) class 4—flammability, solids:
(e) class 5—capacity to oxidise:
(f) class 6—toxicity:
(g) class 8—corrosiveness:
(h) class 9—ecotoxicity.
(2) Class 7 is unallocated.
(1) Explosive substances are divided into the subclasses 1.1, 1.2, 1.3, 1.4, 1.5, and 1.6 set out in the table in Part 1 of Schedule 1. A substance or article is classified as being in a particular subclass if it meets the criteria set out in that table for that subclass.
(2) Explosive substances are also divided into the categories A to H, J, K, L, N, and S set out in the table in Part 2 of Schedule 1. Categories I, M, O, P, Q, and R are unallocated. A substance or article is classified as being in a particular category if it meets the criteria set out in that table for that category.
(3) For the purposes of subclass 1.4,—
(a) a substance or an article that meets any one of the criteria of paragraph 16.6.1.4.5 of the UN Manual of Tests and Criteria must be allocated a category other than category S; and
(b) a substance or an article that meets the criteria of paragraph 16.6.1.4.6 of the UN Manual of Tests and Criteria must be allocated to category S; and
(c) a substance or an article that meets the criteria of paragraph 16.6.1.4.7(a)(i) of the UN Manual of Tests and Criteria must be allocated to category S.
(4) No explosive substance may be allocated the following hazard classifications: 1.1H, 1.1K, 1.1N, 1.1S; 1.2A, 1.2N, 1.2S; 1.3A, 1.3B, 1.3D, 1.3E, 1.3N, 1.3S; 1.4A, 1.4H, 1.4J, 1.4K, 1.4L, 1.4N; 1.5A, 1.5B, 1.5C, 1.5E, 1.5F, 1.5G, 1.5H, 1.5J, 1.5K, 1.5L, 1.5N, 1.5S; 1.6A, 1.6B, 1.6C, 1.6D, 1.6E, 1.6F, 1.6G, 1.6H, 1.6J, 1.6K, 1.6L, or 1.6S.
(1) Flammable substances are divided into the subclasses 2.1.1, 2.1.2, 3.1, 3.2, 4.1.1, 4.1.2, 4.1.3, 4.2, and 4.3, and each subclass is divided into 1 or more categories.
(2) A flammable substance is classified as having a particular hazard classification if it meets the criteria set out in the table in Schedule 2 for that hazard classification.
(3) For the purposes of this regulation, substances classified as class 4 (flammable solids) are not necessarily solids.
(4) For the purposes of subclass 4.1.2,—
(a) if a substance does not meet the criteria for a 4.1.2A, 4.1.2B, or 4.1.2C hazard classification, a 4.1.2D hazard classification applies unless sufficient data are provided that show the substance meets the criteria for hazard classification 4.1.2E, 4.1.2F, or 4.1.2G:
(b) Test Series A, B, C, D, E, F, and G refer to UN Tests for Self-Reactive Substances and Organic Peroxides in sections 21, 22, 23, 24, 25, 26, and 27 respectively of the UN Manual of Tests and Criteria.
(5) Subclasses 2.2 and 2.3 are unallocated.
(1) Oxidising substances are divided into the subclasses 5.1.1 and 5.1.2, organic peroxides are subclass 5.2, and each subclass is divided into 1 or more categories.
(2) An oxidising substance or organic peroxide is classified as having a particular hazard classification if it meets the criteria set out in the table in Schedule 3 for that hazard classification.
(3) For the purposes of subclass 5.2,—
(a) if a substance does not meet the criteria for a 5.2A, 5.2B, or 5.2C hazard classification, a 5.2D hazard classification applies unless sufficient data are provided that show the substance meets the criteria for hazard classification 5.2E, 5.2F, or 5.2G:
(b) Test Series A, B, C, D, E, F, and G refer to UN Tests for Self-Reactive Substances and Organic Peroxides in sections 21, 22, 23, 24, 25, 26, and 27 respectively of the UN Manual of Tests and Criteria.
(1) Toxic substances are divided into the subclasses 6.1, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, and 6.9, and each subclass is divided into 1 or more categories.
(2) A toxic substance is classified as having a particular hazard classification if it meets the criteria set out in the table in Schedule 4 for that hazard classification.
(3) For the purposes of subclass 6.1, toxic substances that meet the criteria for more than 1 category must be classified in the category with the highest degree of hazard.
(4) Subclass 6.2 is unallocated.
(1) Corrosive substances are divided into the subclasses 8.1, 8.2, and 8.3, and each subclass is divided into 1 or more categories.
(2) A corrosive substance is classified as having a particular hazard classification if it meets the criteria set out in the table in Schedule 5 for that hazard classification.
(1) Ecotoxic substances are divided into the subclasses 9.1, 9.2, 9.3, and 9.4, and each subclass is divided into 1 or more categories.
(2) An ecotoxic substance is classified as having a particular hazard classification if it meets the criteria set out in the table in Schedule 6 for that hazard classification.
Schedule 1 |
In this Part, unless the context otherwise requires, detonate has the same meaning as it has in regulation 3 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001.
Explosive substances and articles are classified in the subclasses set out in the first column of the table in this Part.
The criteria for each subclass are set out in the second column of the table in this Part.
| Subclasses | Criteria for each subclass | ||
|---|---|---|---|
1.1—Substances and articles that have a mass explosion hazard | A substance that—
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1.2—Substances and articles that have a projection hazard but not a mass explosion hazard | A substance that does not meet the criteria for subclass 1.1, but meets any one of the criteria in paragraph 16.6.1.4.3 of the UN Manual of Tests and Criteria when tested as prescribed in Test Series 6 type (c) of paragraph 16.6 of that manual. | ||
1.3—Substances and articles that have a fire hazard and either a minor blast hazard or a minor projection hazard, or both, but not a mass explosion hazard | A substance that does not meet the criteria for each of subclasses 1.1 and 1.2, but meets any one of the criteria of paragraph 16.6.1.4.4 of the UN Manual of Tests and Criteria when tested as prescribed in Test Series 6 type (c) of paragraph 16.6 of that manual. | ||
1.4—Substances and articles that present no significant explosive hazard Note: see regulation 6(3) for substances and articles that must or must not be allocated category S. | A substance that—
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| 1.5—Very insensitive substances that have a mass explosion hazard Note: if a substance meets any one of the criteria specified in Test Series 5, it must be tested and allocated according to Test Series 6. | A substance that is a very insensitive explosive substance that—
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1.6—Extremely insensitive articles that do not have a mass explosion hazard | An article that—
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In this Part, unless the context otherwise requires,—
deflagrate has the same meaning as it has in regulation 3 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
effective protective feature means a device incorporated into an explosive article that will prevent accidental functioning during normal conditions of transport, storage, or handling
primary explosive substance means a substance that—
(a) has the necessary sensitivity to heat, friction, or shock to make it suitable for initiating secondary detonating explosive substances and articles; and
(b) when incorporated into an explosive article, is known as a primer or detonator
propellant explosive substance means a substance that deflagrates
pyrotechnic effect has the same meaning as it has in regulation 3 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
pyrotechnic substance means a substance that produces pyrotechnic effects
secondary detonating explosive substance means a substance designed to detonate that requires stimulation equivalent to the detonation of a primary explosive substance to initiate it.
Explosive substances and articles are also classified in categories according to the criteria set out in the following table. The categories are set out in the first column and the criteria for each category are set out in the second column.
| Category | Criteria for each category | |||
|---|---|---|---|---|
A | A primary explosive substance that is very sensitive to heat, impact, or friction, or able to transmit detonation or deflagration to secondary detonating explosive substances close to it, as measured by the criteria in any of paragraphs 13.4.1.4, 13.4.2.4, 13.4.3.4, 13.4.4.4, 13.4.5.4, 13.4.6.4, 13.5.1.4, 13.5.2.4, 13.5.3.4, and 13.7.1.3 of the UN Manual of Tests and Criteria in the respective tests of Test Series 3 type (a), (b), and (d) of section 13 of that manual. | |||
B | An article that—
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C | A propellant explosive substance or an article containing a propellant explosive substance. | |||
D |
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E | An article containing a secondary detonating explosive substance that is without a means of initiation but with a propelling charge (other than a charge containing a flammable liquid, or hypergolic liquids). | |||
F | An article containing a secondary detonating explosive substance that—
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G |
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H | An article containing both an explosive substance and white phosphorus. | |||
J | An article containing both an explosive substance and a flammable liquid. | |||
K | An article containing both—
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L | A mixture or an article that contains both—
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N | An article containing only extremely insensitive detonating substances as defined in the criteria for subclass 1.6. | |||
S Note: see regulation 6(3) for cases where category S applies. | A substance, or an article, that meets the criteria of either paragraph 16.6.1.4.6 or paragraph 16.6.1.4.7(a)(i) of the UN Manual of Tests and Criteria when tested as prescribed in Test Series 6 type (c) of paragraph 16.6 of that manual. | |||
Schedule 2 |
In this schedule, unless the context otherwise requires,—
aerosol has the meaning set out in item 2.1.2A of the table in clause 2
flammable ingredient has the same meaning as it has in Schedule 2 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
flammable range has the same meaning as it has in Schedule 2 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
flash point has the same meaning as it has in regulation 3 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
IBP (initial boiling point) means the temperature at which a flammable substance begins to boil at a pressure of 101.3 kilopascals absolute
self-reactive substance means a substance that does not meet the criteria for classes 1 or 5, but—
(a) has a SADT less than or equal to 75 degrees Celsius in a quantity of 50 kilograms and has a heat of decomposition greater than or equal to 300 joules per gram; or
(b) is listed in paragraph 2.4.2.3.2.3 of the UN Model Regulations as having a class or division of self-reactive.
Flammable substances are classified according to the criteria set out in the table in this schedule. The hazard classifications are set out in the first column and the criteria for each hazard classification are set out in the second column.
| Hazard classification | Criteria for each hazard classification | |||
|---|---|---|---|---|
2.1.1A—Flammable gases: high hazard |
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2.1.1B—Flammable gases: medium hazard | A gas or gas mixture, other than one of high hazard, that is sufficiently flammable to be capable of ignition when mixed with air in a proportion within a flammable range at 20 degrees Celsius and at a pressure of 101.3 kilopascals absolute. | |||
2.1.2A—Flammable aerosols | An aerosol comprising 45% or more by mass of flammable ingredients. An aerosol is a substance packed under pressure in a way that is designed to be released as solid or liquid particles in suspension in a gas, as a foam, paste, or powder, or in a liquid or in a gaseous state. | |||
3.1A—Flammable liquids: very high hazard | A flammable liquid that has a flash point of less than 23 degrees Celsius and has an IBP of less than or equal to 35 degrees Celsius. | |||
3.1B—Flammable liquid: high hazard | A flammable liquid that has a flash point of less than 23 degrees Celsius and has an IBP of greater than 35 degrees Celsius. | |||
3.1C—Flammable liquids: medium hazard | A flammable liquid that has a flash point of greater than or equal to 23 degrees Celsius, but less than or equal to 60 degrees Celsius. | |||
3.1D—Flammable liquids: low hazard | A flammable liquid that has a flash point of greater than 60 degrees Celsius, but less than or equal to 93 degrees Celsius. | |||
3.2A—Liquid desensitised explosives: high hazard |
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3.2B—Liquid desensitised explosives: medium hazard | A substance that—
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3.2C—Liquid desensitised explosives: low hazard | A substance that—
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4.1.1A—Readily combustible solids and solids that may cause fire through friction: medium hazard |
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4.1.1B—Readily combustible solids and solids that may cause fire through friction: low hazard |
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4.1.2A—Self-reactive substances: type A |
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4.1.2B—Self-reactive substances: type B |
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4.1.2C—Self-reactive substances: type C |
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4.1.2D—Self-reactive substances: type D Note: see regulation 7(4)(a) for cases where category D applies. |
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4.1.2E—Self-reactive substances: type E |
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4.1.2F—Self-reactive substances: type F |
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4.1.2G—Self-reactive substances: type G | A substance that—
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4.1.3A—Solid desensitised explosives: high hazard |
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4.1.3B—Solid desensitised explosives: medium hazard |
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4.1.3C—Solid desensitised explosives: low hazard | A substance that is listed in the Dangerous Goods List in Chapter 3.2 of the UN Model Regulations with one of the following UN serial numbers: UN 2956, UN 3241, or UN 3251. | |||
4.2A—Spontaneously combustible substances: pyrophoric substances: high hazard |
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4.2B—Spontaneously combustible substances: self-heating substances: medium hazard | A substance that does not meet the criteria for subclass 4.1.2, but meets the criteria of paragraph 33.3.1.6.4.3 when tested as prescribed in Test Series N.4, paragraph 33.3.1.6 of the UN Manual of Tests and Criteria. | |||
4.2C—Spontaneously combustible substances: self-heating substances: low hazard |
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4.3A—Solids that emit flammable gas when in contact with water: high hazard |
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4.3B—Solids that emit flammable gas when in contact with water: medium hazard | A substance that reacts readily with water at ambient temperatures so that the maximum rate of evolution of flammable gas is greater than or equal to 20 litres of gas per kilogram of substance per hour, but less than 10 litres per kilogram per minute, when tested as prescribed in Test Series N.5, paragraph 33.4.1.4 of the UN Manual of Tests and Criteria. | |||
4.3C—Solids that emit flammable gas when in contact with water: low hazard | A substance that reacts slowly with water at ambient temperatures so that the maximum rate of evolution of flammable gas is equal to or greater than 1 litre of gas per kilogram of substance per hour, but less than 20 litres per kilogram per hour, when tested as prescribed in Test Series N.5, paragraph 33.4.1.4 of the UN Manual of Tests and Criteria. | |||
Schedule 3 |
If any solid substance is tested for the purposes of determining its hazard classification, the result must be determined using either—
(a) the finest particle form in which that substance is reasonably capable of being used or rendered; or
(b) if it is likely or known that more than 10% of the mass of the substance will crumble into a finer particle form, then that finer form.
Oxidising substances are classified according to the criteria set out in the table in this schedule. The hazard classifications are set out in the first column and the criteria for each hazard classification are set out in the second column.
| Hazard classification | Criteria for each hazard classification | |||
|---|---|---|---|---|
5.1.1A—Oxidising substances that are liquids or solids: high hazard |
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5.1.1B—Oxidising substances that are liquids or solids: medium hazard |
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5.1.1C—Oxidising substances that are liquids or solids: low hazard |
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5.1.2A—Oxidising substances that are gases |
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5.2A—Organic peroxides: type A |
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5.2B—Organic peroxides: type B |
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5.2C—Organic peroxides: type C |
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5.2D—Organic peroxides: type D Note: see regulation 8(3)(a) for cases where category D applies. |
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5.2E—Organic peroxides: type E |
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5.2F—Organic peroxides: type F |
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5.2G—Organic peroxides: type G | An organic peroxide that—
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Schedule 4 |
In this schedule, unless the context otherwise requires,—
developmental effect has the same meaning as it has in Schedule 4 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
dust or mist has the same meaning as it has in Schedule 4 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
expert has the same meaning as it has in Schedule 4 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
genotoxic effect has the same meaning as it has in Schedule 4 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
LC50 means the median lethal concentration, being a statistically derived concentration of a substance that can be expected to cause death in 50% of animals
LD50 has the same meaning as it has in Schedule 4 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
limited evidence in animals, in relation to a substance, means data that indicate a carcinogenic effect after exposure to the substance, but that are limited because—
(a) the evidence of carcinogenicity is restricted to a single experiment; or
(b) there are unresolved questions regarding the adequacy of the design, or the conduct or interpretation of the study; or
(c) the substance increases the incidence only of benign tumours, or of lesions of uncertain neoplastic potential, or of tumours that may occur spontaneously in high incidence in certain strains of animal
limited evidence in humans, in relation to a substance, means a positive correlation has been observed between exposure to the substance and the development of human cancer, where a causal relationship is credible, but where chance, bias, or confounding cannot be ruled out with reasonable confidence
mean Draize score has the same meaning as it has in Schedule 4 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
mutagenic effect has the same meaning as it has in Schedule 4 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
reliable information has the same meaning as it has in Schedule 4 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
reproductive effect has the same meaning as it has in Schedule 4 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
sensitisation has the same meaning as it has in Schedule 4 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
significant adverse biological effect has the same meaning as it has in Schedule 4 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
sufficient evidence in animals, in relation to a substance, means data that indicate a causal relationship between exposure to the substance and—
(a) an increased incidence of malignant tumours, or of a combination of benign and malignant tumours, in—
(i) 2 or more species of animals; or
(ii) 2 or more independent studies in 1 species carried out at different times, in different laboratories, or under different protocols; or
(b) malignant tumours that occur to an unusual degree, having regard to incidence, site, type of tumour, or age at onset in a single study in 1 species
sufficient evidence in humans, in relation to a substance, means a causal relationship has been established between exposure to the substance and the development of human cancer, from which chance, bias, and confounding can be ruled out with reasonable confidence
target organ/systemic toxicity means toxicologically significant effect on the function or morphology of an organ or on the biochemistry or haematology of a human
valid has the same meaning as it has in Schedule 4 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001.
Toxic substances are classified according to the criteria set out in the table in this schedule. The hazard classifications are set out in the first column and the criteria for each hazard classification are set out in the second column.
| Hazard classification | Criteria for each hazard classification | |||
|---|---|---|---|---|
6.1A—Substances that are acutely toxic |
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6.1B—Substances that are acutely toxic |
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6.1C—Substances that are acutely toxic |
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6.1D—Substances that are acutely toxic |
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6.1E—Substances that are acutely toxic |
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6.3A—Substances that are irritating to the skin |
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6.3B—Substances that are mildly irritating to the skin | A substance for which reversible adverse effects on dermal tissue are evidenced by data indicating a mean Draize score greater than or equal to 1.5, but less than 2.3, for either of the skin irritation effects known as erythema or oedema as a result of exposure to the substance. | |||
6.4A—Substances that are irritating to the eye | A substance for which adverse effects on ocular tissue as a result of exposure to the substance are evidenced by data indicating—
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6.5A—Substances that are respiratory sensitisers |
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6.5B—Substances that are contact sensitisers |
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6.6A—Substances that are known or presumed human mutagens |
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6.6B—Substances that are suspected human mutagens |
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6.7A—Substances that are known or presumed human carcinogens |
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6.7B—Substances that are suspected human carcinogens | A substance for which data indicate limited evidence in humans or limited evidence in animals that exposure to the substance may lead to the development of cancer or an increased incidence of tumours, where the strength and weight of the evidence indicate to an expert that the evidence is not sufficient to classify the substance in hazard classification 6.7A. | |||
6.8A—Substances that are known or presumed human reproductive or developmental toxicants |
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6.8B—Substances that are suspected human reproductive or developmental toxicants | A substance for which data indicate evidence from human epidemiological or animal studies of an adverse reproductive or adverse developmental effect as a result of exposure to the substance, where—
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6.8C—Substances that produce toxic human reproductive or developmental effects on or via lactation |
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6.9A—Substances that are toxic to human target organs or systems |
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6.9B—Substances that are harmful to human target organs or systems | A substance for which data indicate to an expert evidence of a significant adverse biological effect on the function or morphology of an organ or on the biochemistry or haematology of an organism as a result of exposure to the substance that would not result in the substance being classified in any of subclasses 6.1, 6.3, 6.4, 6.5, 6.6, 6.7 or 6.8, and that are produced at moderate exposure concentrations and are of relevance to human health. | |||
Schedule 5 |
In this schedule, unless the context otherwise requires, mean Draize score has the same meaning as it has in Schedule 5 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001.
Corrosive substances are classified according to the criteria set out in the table in this schedule. The hazard classifications are set out in the first column and the criteria for each hazard classification are set out in the second column.
| Hazard classification | Criteria for each hazard classification | ||
|---|---|---|---|
8.1A—Substances that are corrosive to metals | A substance that corrodes steel type P235 (ISO 9328 (II):1991), steel type SAE 1020, or non-clad aluminium types SAE 7075-T6 or AZ5GU-T6 at a rate exceeding 6.25 millimetres per year at a test temperature of 55 degrees Celsius. | ||
8.2A—Substances that are corrosive to dermal tissue | A substance for which data indicate irreversible destruction of dermal tissue, which destruction is visible necrosis through the epidermis and into the dermis, within 1 hour following exposure to the substance for less than or equal to 3 minutes in greater than or equal to 33% of exposures as a result of exposure to the substance. | ||
8.2B—Substances that are corrosive to dermal tissue | A substance for which data indicate irreversible destruction of dermal tissue, which destruction is visible necrosis through the epidermis and into the dermis, within 14 days following exposure to the substance for greater than 3 minutes, but not more than 1 hour, in greater than or equal to 33% of exposures as a result of exposure to the substance. | ||
8.2C—Substances that are corrosive to dermal tissue | A substance for which data indicate irreversible destruction of dermal tissue, which destruction is visible necrosis through the epidermis and into the dermis, within 14 days following exposure to the substance for greater than 1 hour, but not more than 4 hours, in greater than or equal to 33% of exposures as a result of exposure to the substance. | ||
8.3A—Substances that are corrosive to ocular tissue |
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Schedule 6 |
In this schedule, unless the context otherwise requires,—
acute aquatic ecotoxicity value means the lowest value expressed in units of milligrams of a substance per litre of water from—
(a) fish LC50 data after a 96-hour exposure period; or
(b) crustacean EC50 data after a 48-hour exposure period; or
(c) algal, or other aquatic plant, EC50 data after a 72-hour or 96-hour exposure period
BCF has the same meaning as it has in Schedule 6 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
bioaccumulative has the same meaning as it has in Schedule 6 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
biocidal action has the same meaning as it has in Schedule 6 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
BOD5 has the same meaning as it has in Schedule 6 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
chronic aquatic ecotoxicity value means the lowest value expressed in units of milligrams of a substance per litre of water from chronic fish, crustacean, algal, or other aquatic plant NOEC data
COD has the same meaning as it has in Schedule 6 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
EC50 has the same meaning as it has in Schedule 6 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
Kow has the same meaning as it has in Schedule 6 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
LC50 has the same meaning as it has in Schedule 6 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
LD50 has the same meaning as it has in Schedule 6 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
LOEC has the same meaning as it has in Schedule 6 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
MATC has the same meaning as it has in Schedule 6 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
NOEC has the same meaning as it has in Schedule 6 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
rapidly degradable has the same meaning as it has in Schedule 6 of the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001
soil DT50 means the half-life in soil, which is the time required to reduce the original concentration of the substance in the soil by 50%
soil ecotoxicity value means the lower value expressed in units of milligrams of a substance per kilogram (dry weight) of soil from—
(a) plant or soil invertebrate EC50 data after 14 days exposure to the substance; or
(b) data that demonstrate a 25% reduction in soil micro-organism respiration or nitrification after 28 days exposure to the substance.
Ecotoxic substances are classified according to the criteria set out in the table in this schedule. The hazard classifications are set out in the first column and the criteria for each hazard classification are set out in the second column.
| Hazard classification | Criteria for each hazard classification | |||
|---|---|---|---|---|
9.1A—Substances that are very ecotoxic in the aquatic environment | A substance for which data indicate an acute aquatic ecotoxicity value less than or equal to 1 milligram of the substance per litre of water. | |||
9.1B—Substances that are ecotoxic in the aquatic environment | Unless the chronic aquatic ecotoxicity value is greater than 1 milligram of the substance per litre of water, a substance—
| |||
9.1C—Substances that are harmful in the aquatic environment | Unless the chronic aquatic ecotoxicity value is greater than 1 milligram of the substance per litre of water, a substance—
| |||
9.1D—Substances that are slightly harmful to the aquatic environment or are otherwise designed for biocidal action |
| |||
9.2A—Substances that are very ecotoxic in the soil environment | A substance for which data indicate a soil ecotoxicity value less than or equal to 1 milligram of the substance per kilogram dry weight of soil. | |||
9.2B—Substances that are ecotoxic in the soil environment | A substance for which data indicate a soil ecotoxicity value greater than 1 milligram, but less than or equal to 10 milligrams, of the substance per kilogram dry weight of soil. | |||
9.2C—Substances that are harmful in the soil environment | A substance for which data indicate a soil ecotoxicity value greater than 10 milligrams, but less than or equal to 100 milligrams, of the substance per kilogram dry weight of soil, where the soil DT50 is greater than 30 days. | |||
9.2D—Substances that are slightly harmful in the soil environment | A substance for which data indicate a soil ecotoxicity value greater than 10 milligrams, but less than or equal to 100 milligrams, of the substance per kilogram dry weight of soil, where the soil DT50 is less than or equal to 30 days. | |||
9.3A—Substances that are very ecotoxic to terrestrial vertebrates |
| |||
9.3B—Substances that are ecotoxic to terrestrial vertebrates |
| |||
9.3C—Substances that are harmful to terrestrial vertebrates |
| |||
9.4A—Substances that are very ecotoxic to terrestrial invertebrates | A substance for which data indicate a contact or oral LD50 less than 2 micrograms of substance per terrestrial invertebrate. | |||
9.4B—Substances that are ecotoxic to terrestrial invertebrates | A substance for which data indicate a contact or oral LD50 greater than or equal to 2 micrograms, but less than 11 micrograms, of substance per terrestrial invertebrate. | |||
9.4C—Substances that are harmful to terrestrial invertebrates | A substance for which data indicate a contact or oral LD50 greater than or equal to 11 micrograms, but less than or equal to 25 micrograms, of substance per terrestrial invertebrate. | |||
Schedule 7 |
| Table 1—Hazard classifications for class 1, 2, 3, 4, and 5 substances |
| Property | Explosiveness | Flammability | Capacity to oxidise | |||||||||||||||
| Class | Class 1 | Class 2 | Class 3 | Class 4 | Class 5 | |||||||||||||
| Subclass | 1.1 Mass explosion | 1.2 Projection | 1.3 Fire and minor blast | 1.4 No signi- ficant hazard | 1.5 Very insensitive | 1.6 Extremely insensitive | 2.1.1 Gases | 2.1.2 Aerosols | 3.1 Liquids | 3.2 Liquid desen- sitised explosive | 4.1.1 Readily combus- tible | 4.1.2 Self reactive | 4.1.3 Solid desen- sitised explosive | 4.2 Spontane- ously combusti- ble | 4.3 Dangerous when wet | 5.1.1 Liquids/ solids | 5.1.2 Gases | 5.2 Organic peroxide |
| Hazard classification | 1.1A | 2.1.1A | 2.1.2A | 3.1A | 3.2A | 4.1.1A | 4.1.2A | 4.1.3A | 4.2A | 4.3A | 5.1.1A | 5.1.2A | 5.2A | |||||
| 1.1B | 1.2B | 1.4B | 2.1.1B | 3.1B | 3.2B | 4.1.1B | 4.1.2B | 4.1.3B | 4.2B | 4.3B | 5.1.1B | 5.2B | ||||||
| 1.1C | 1.2C | 1.3C | 1.4C | 3.1C | 3.2C | 4.1.2C | 4.1.3C | 4.2C | 4.3C | 5.1.1C | 5.2C | |||||||
| 1.1D | 1.2D | 1.4D | 1.5D | 3.1D | 4.1.2D | 5.2D | ||||||||||||
| 1.1E | 1.2E | 1.4E | 4.1.2E | 5.2E | ||||||||||||||
| 1.1F | 1.2F | 1.3F | 1.4F | 4.1.2F | 5.2F | |||||||||||||
| 1.1G | 1.2G | 1.3G | 1.4G | 4.1.2G | 5.2G | |||||||||||||
| 1.2H | 1.3H | |||||||||||||||||
| 1.1J | 1.2J | 1.3J | ||||||||||||||||
| 1.2K | 1.3K | |||||||||||||||||
| 1.1L | 1.2L | 1.3L | ||||||||||||||||
| 1.6N | ||||||||||||||||||
| 1.4S | ||||||||||||||||||
| Table 2—Hazard classifications for class 6, 8, and 9 substances |
| Property | Toxicity | Corrosiveness | Ecotoxicity | ||||||||||||
| Class | Class 6 | Class 8 | Class 9 | ||||||||||||
| Subclass | 6.1 Acutely toxic | 6.3 Skin irritant | 6.4 Eye irritant | 6.5 Sensitisa- tion | 6.6 Mutagen | 6.7 Carcino- gen | 6.8 Reproduc- tive/deve- lopmental | 6.9 Target organ/ system | 8.1 Metallic corrosive | 8.2 Skin corrosive | 8.3 Eye corrosive | 9.1 Aquatic | 9.2 Soil | 9.3 Terrestrial vertebrate | 9.4 Terrestrial inverte- brate |
| Hazard classification | 6.1A | 6.3A | 6.4A | 6.5A | 6.6A | 6.7A | 6.8A | 6.9A | 8.1A | 8.2A | 8.3A | 9.1A | 9.2A | 9.3A | 9.4A |
| 6.1B | 6.3B | 6.5B | 6.6B | 6.7B | 6.8B | 6.9B | 8.2B | 9.1B | 9.2B | 9.3B | 9.4B | ||||
| 6.1C | 6.8C | 8.2C | 9.1C | 9.2C | 9.3C | 9.4C | |||||||||
| 6.1D | 9.1D | 9.2D | |||||||||||||
| 6.1E | |||||||||||||||
| Martin Bell, |
| for Clerk of the Executive Council. |
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 2 July 2001, prescribe classification criteria for each intrinsic hazardous substance property. The criteria for the classification are set out in Schedules 1 to 6, and tables showing all the subclasses and categories are set out in Schedule 7.
Date of notification in Gazette: 31 May 2001.
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
This is a reprint of the Hazardous Substances (Classification) Regulations 2001. The reprint incorporates all the amendments to the regulations as at 1 June 2001, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as “of this section”
and “of this Act”
)
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•indentation
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•format of dates (eg, a date formerly expressed as “the 1st day of January 1999”
is now expressed as “1 January 1999”
)
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•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
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•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).
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