Hazardous Property Controls - September 2023

Sep 21, 2023

Hazardous Property Controls

News | Sep 21, 2023 | Damien Peden | Updated: Sep 25, 2023


Please note that Linkup Paint Supplies do not provide legal advice. If you require specific advice or support in relation to compliance with HSNO you may need to engage a specialist consultant or technical advisor or seek your own legal advice.

The information outlined in the article below is deemed to be correct on the date of publishing.

Workplace-only restrictions for some hazardous substances

In 2023 we have noticed more and more suppliers making contact about their substances listed on the Consolidated Hazardous Substances Hazardous Property Controls Notice 2017 as the Environmental Protection Authority ("EPA") seem to be cracking down on on this notice which is now 6 years old.

What is the notice?

The Hazardous Substances (Hazardous Property Controls) Notice 2017 has been in place since 1 December 2017, with an amendment in April 2021.

The notice outlines how hazardous substances with certain hazard classifications can only be supplied to workplaces, and only if suppliers receive written notification that a competent person at the workplace accepts responsibility for the substance.

A competent person is someone who either:

  • has received information, instruction and training to handle the substance
  • is a certified handler for the substance, where relevant.

Under the Hazardous Substances (Hazardous Property Controls) Notice 2017 (HPC Notice), these substances must be stored and used only at workplaces, and suppliers must keep records of the supply for 12 months from the date of sale.

These restrictions are to ensure the public are protected from exposure to these hazardous substances.

The EPA have recommend that all suppliers review the products we supply to identify if these are regulated by the HPC Notice and if so, ensure we are complying with the rules around these substances.

What does this mean?

Being a paint supplies company, we naturally stock a lot of products that fall under the coverage of the Hazardous Substances and New Organism Act 1996 (“the Act”). The Environmental Protection Agency (“EPA”) is responsible for overseeing the operation of the Act. The EPA, has, under the Act, issued a Hazardous Substances (Hazardous Substances Property Controls) Notice (“the Hazardous Substances Notice”).

The Hazardous Substances Notice contains several mandatory requirements. In particular, suppliers must be satisfied when supplying products to customers that they have at least one authorised person (a holder of permission from the EPA) or competent person (a certified handler or has received information, instruction and training under the Health and Safety at Work (Hazardous Substances) Regulations 2017).

We have already identified a list of products we have in stock or access to that are affected by this notice. We are currently reviewing this list to make sure it's accurate, and then we will be pulling these products off the shelf for our "at home" cash sale customers and contacting our account holders who regularly purchase the identified products to make sure that they have the correct paperwork to be receiving this stock.

What are the penalties if we don't adhere to the notice?

Section 109(1) of the HSNO Act outlines offences, and Section 114 outlines the penalties for committing an offence against the HSNO Act.

If you have any questions about how this may affect you, please contact your local branch for more details.

Schedule 1

Certain substances restricted to workplaces only

Table 1

Substances to which clause 13 applies (subject to Table 2 exceptions)*

  • Explosives (class 1) [1.1, 1.2, 1.3, 1.4, 1.5, 1.6]
  • Flammable liquids Category 1 [3.1A]
  • Desensitised explosives Category 1, 2, 3, 4 [3.2A, 3.2B, 3.2C, 4.1.3A1, 4.1.3B, 4.1.3C]
  • Self-reactive substances and mixtures Type A, B, C, D, E, F [4.1.2A, 4.1.2B, 4.1.2C, 4.1.2D, 4.1.2E, 4.1.2F]
  • Pyrophoric liquids Category 1 [4.2A]
  • Pyrophoric solids Category 1 [4.2A]
  • Self-heating substances and mixtures Category 1 [4.2B]
  • Substances and mixtures which, in contact with water, emit flammable gases Category 1, 2, 3 [4.3A, 4.3B, 4.3C]
  • Oxidising liquids Category 1 [5.1.1A]
  • Oxidising solids Category 1 [5.1.1A]
  • Organic peroxides Type A, B [5.2A, 5.2B]
  • Acute toxicity Category 1, 2, 3 (oral, dermal or inhalation) [6.1A, 6.1B, 6.1C]
  • Skin corrosion Category 1A [8.2A]
  • Carcinogenicity Category 1 [6.7A]
  • Dianex (HSR101016)
  • Emulsifiable concentrate containing 500 g/litre dimethoate (HSR000193)
  • Emulsifiable concentrate containing 800 g/litre diazinon (Substance B) (HSR000181)
  • Fandango (HSR001722)
  • Feratox pellet A in 12g Ferafeed paste
  • Feratox pellet A in 18g Ferafeed paste
  • Feratox pellet A in 20 g Ferafeed paste
  • Feratox pellet A in 9 g Ferafeed Paste
  • Feratox pellet B (one pellet) in 18 g Ferafeed paste
  • Firefly (HSR007993)
  • Fury 120 SC (HSR101069)
  • Melody Duo (HSR001616)
  • Melody Duo NF (HSR007814)
  • Perfekthion S-1 (HSR000965)
  • PROLINE (HSR001661)
  • RF-046 (HSR101072)

Table 2

Exceptions to clause 13 restriction

  • Safety ammunition, including blank ammunition, pre-primed cartridges and primers, with a hazard classification of 1.4S
  • Fireworks with a hazard classification of 1.3G, 1.4G, 1.4S that are controlled under the Hazardous Substances (Fireworks) Regulations 2001
  • Emergency flares and signalling devices with a hazard classification of 1.3G, 1.4G, 1.4S
  • Model rocket motors with a hazard classification of 1.4G, 1.4S
  • Propellants with a hazard classification of 1.3C (UN 0161 and 0499)
  • Gunpowder with a hazard classification of 1.1D (UN 0027)
  • Igniting fuses with a hazard classification of 1.4G (UN 0317)
  • Igniters with a hazard classification of 1.4S (UN 0454)
  • Petrol
  • Aviation or racing gasoline with a hazard classification of flammable liquids Category 1
  • Optima Activator (Black) (HSR000103)
  • Optima Activator (Blue) (HSR000104)
  • Optima Activator (Red) (HSR000105)
  • Optima Activator (White) (HSR000106)

*GHS to HSNO correlations obtained from resources on the "New Zealand's hazard classification system" article on the EPA website.

If you need to check a GHS to HSNO correlation, take a look at our GHS to HSNO Processing tool.