Where can I get copies of the group standards?
ERMA New Zealand has a dedicated web page for group standard information. This includes links to all of the group standards issued on 1 July 2006, the site and storage documents and guidance material.
The group standards are also available on the ERMA New Zealand Hazardous Substances Register.
In addition, we have produced a CD containing the group standards, site and storage documentation and supporting guidance material. This CD is available free of charge on request to ERMA New Zealand. A copy of the CD can also be downloaded.
Where do I find the HSNO approval number for a group standard?
The HSNO approval number is given on page 1, clause 1 (Title), of the group standard.
If I want to assign a substance to a group standard, what do I need to know?
Before you can assign a substance to a group standard, you must know:
- The intended use(s) of the substance;
- The hazardous properties of the substance and its HSNO classification.
How do group standards apply to new hazardous substances?
If you import or manufacture a hazardous substance for the first time after 1 July 2006, your substance can be approved under a group standard. Any new hazardous substance which meets the scope of a group standard is an approved substance. The scope of a group standard basically sets out the allowed hazardous properties of the substance (e.g. whether it can be flammable, or toxic etc) and its uses.
For a new substance to be approved under a group standard, it must:
- be used for the purpose given in the group standard, and meet the relevant definition(s);
- comply with any use restrictions specified in the group standard;
- have only those hazardous properties that are specifically allowed under the scope of the group standard;
- if it is a hazardous chemical, be listed on the Inventory of Chemicals. Any chemical that is 'new' to New Zealand (i.e. not listed on the Inventory) must have an individual HSNO approval before it can be imported or manufactured here.
I import and manufacture new hazardous substances. What do I need to do?
If you import or manufacture a new hazardous substance, you must make sure that it has the correct HSNO approval. This could include an approval under one of the group standards issued by ERMA New Zealand. If you are intending to give the substance a group standard approval, you will need to classify the hazardous properties of the substance and then identify the relevant group standard.
When you assign a substance to a group standard, you must keep a record of this. There is no requirement for the importer or manufacture to inform ERMA New Zealand, unless the substance contains a hazardous chemical that is not listed on the Inventory of Chemicals.
Q. How do I classify a substance; Can I do this myself?
You can classify a substance yourself and assign it to a group standard. ERMA New Zealand has released a guidance document 'Assigning a Hazardous Substance to a Group Standard', on how to self-classify. This publication explains how you can convert European Risk-phrases commonly found on a safety data sheet to an equivalent HSNO classification.
If you do not wish to self-classify, ERMA New Zealand can classify the substance for you. You will need to complete and send to us Form HS6A. We will provide you with the classification of the substance and the group standard under which the substance may be HSNO approved. There is a small fee for this service.
I'm importing a new substance for the first time. How can I find out its classification and the group standard it may be approved under?
You can either self-classify the substance, or you can apply to ERMA New Zealand to do this.
ERMA New Zealand will shortly be releasing a guidance document 'Assigning a Hazardous Substance to a Group Standard', on how to self-classify. This guidance will be available on our web site in early 2007.
If you wish ERMA New Zealand to classify the substance, complete Form HS6A. There is a small fee for this service.
What is the fee for advice on which group standard a substance belongs to?
People can request advice on which group standard a product fits under by completing a status of substance request for HS6A. The cost for this advice is $100 plus GST.
Is a Status of Substance (SOS) request formal advice of a determination?
No. An SOS request is informal (non-statutory) advice. However, ERMA New Zealand's assessment of an SOS application can be used by the importer or manufacturer of a substance as the record that they must keep if the substance is assigned to a group standard.
Does a manufacturer/importer need to advise ERMA New Zealand when they assign a new product to a group standard?
No. An importer or manufacturer can put a new product under a group standard approval (assuming it fits the scope of the group standard) and they do not need to advise ERMA New Zealand. They must, however, keep a record of their reasoning for assigning the product to a particular group standard.
Are industry (manufacturers/importers) obliged to advise ERMA New Zealand of the group standard they assign their substance to?
If you have self-assigned your product to a group standard, you do not need to advise ERMA New Zealand. However, you must know which group standard their product fits into and keep a record of this decision. The record must contain sufficient information to allow for independent verification.
ERMA New Zealand is developing guidance on the minimum level of information that should be recorded on the record. This is given in the document 'Assigning a Hazardous Substance to a Group Standard', which will be available in early 2007.
How will a self-assigned hazard classification be checked to make sure the product has been placed in the correct group standard?
The manufacture or importer must keep a record of any product they assign to a group standard. This record must contain details of any self-classification they undertake. The record must be made available to an Enforcement Officer on request as proof that the substance has been correctly assigned to a group standard.
Do I need to get my record checked by an Enforcement Officer?
When a product is assigned to a group standard, a record of that decision must be made. You do not need to have this record checked by an Enforcement Officer. However, an Enforcement Officer could ask to see this record as proof that the substance has been correctly assigned to a group standard, and you must provide this record on request.
What must an Enforcement Officer do if a product has been incorrectly assigned to a group standard?
If a product does not fit under the group standard to which it has been assigned, then an alternative standard must be identified. If there is no alternative, then it is likely that the product does not have a HSNO approval. In this case, an approval must be obtained from ERMA New Zealand.
The Enforcement Officer should advise the user of the substance to contact their supplier and check the product's HSNO approval status. If the company is the manufacturer or importer, then the Enforcement Officer should advise the company to contact ERMA New Zealand for confirmation of its status.
Will ERMA New Zealand let notifiers know which group standards their substances fall under?
Yes. ERMA New Zealand has written to all notifiers advising them which of their NOTS have been assigned to which group standard.
What are NOTS?
NOTS are substances that were notified under section 32 of the Toxic Substances Act as at 2 July 2001. They were 'existing' substances and therefore covered by the transitional provisions of the HSNO Act. The majority of these notifications or NOTS were transferred on 1 July 2006 by group standards. Further information on NOTS
ERMA New Zealand has advised me of the group standard my NOTS have been assigned to. Can I reclassify and reassign them to a different group standard without seeking further approval from ERMA New Zealand?
Yes. If you reclassify and reassign a NOTS to a different group standard, you do not need to advise ERMA New Zealand. However, you must keep a record of this reclassification and change of group standard. An Enforcement Officer can ask to see this record as proof that the substance has been correctly assigned to a new group standard.
Further guidance on classifying and assigning a substance to a group standard will be available on the ERMA New Zealand web site in early 2007.
What if a notifier disagrees with the group standard assigned by ERMA New Zealand?
They can reassign that substance to a different group standard, provided it meets the scope of the new group standard. If a NOTS is reassigned to a different group standard, the notifier must keep a record of that decision. The record must contain sufficient information to allow for independent verification.
If my substance does not meet the scope of a group standard, what should I do?
Every hazardous substance must be approved under the HSNO Act. If you have a substance that does not meet the scope of a group standard, then it cannot be approved under that standard. There are a number of options available to you. These include:
- Making an application for an approval under Part V of the HSNO Act;
- Making an application to amend the scope of the group standard.
You should seek the advice of an applications advisor at ERMA New Zealand. You can contact us on 04 916 2426.
If I manufacture or import a hazardous substance that doesn't fit within the scope of an existing group standard, is the substance illegal?
Yes, unless it is covered by another existing approval. All hazardous substances must have a HSNO approval. If a substance is not covered by a group standard, a Part V approval, or a Transfer Notice, then the substance is illegal.
If I reformulate a HSNO approved product, do I need to do a new approval?
If you reformulate an existing substance that is approved under a group standard and the classification of the new substance fits the scope of the group standard, then it is automatically approved under the group standard.
If the new substance does not fit the scope of the group standard (for example, the existing substance was flammable but on reformulation it is no longer flammable), then you should check to see if there is another group standard available under which it can be approved. If no group standard exists, you may need to make an application for a new approval. You should seek the advice of an applications advisor at ERMA New Zealand. You can contact us on 04 916 2426.
What happens if no group standard exists for a reformulated product?
If no group standard exists for a reformulated product, then you will need to make an application to ERMA New Zealand for approval of the product. This can be an approval under Part V of the HSNO Act, or by amending the scope of a group standard. You should seek the advice of an applications advisor at ERMA New Zealand. You can contact us on 04 916 2426.
Can a substance with multiple uses be approved under more than one group standard?
Yes. A substance can be approved under several group standards.
For example, a solvent (e.g. toluene) may be approved under the solvents group standard. However, toluene is also an ingredient in products used for surface coatings, and can therefore be approved under the relevant surface coatings and colourants group standard.
The key to determining whether a substance is approved under a group standard is whether it meets the scope of the group standard. See the Group Standard Quick Guide.
Can two different importers of the same substance choose a different group standard?
Yes, because the use of the substance can be quite different.
Can you change the group standard applied to a substance at a later date?
Yes. Some products may fit under more than one group standard. A product can be moved between group standards, providing it meets the scope of the new group standard.
Can I assign a substance which has already been transferred, such as a dangerous good, to a group standard?
Yes. Any substance which has been transferred individually, such as a dangerous good or scheduled toxic substance can be assigned to a group standard, provided that it meets the scope of the group standard. For example, solvents used in the formulation of adhesives can be assigned to the relevant surface coatings and colourants group standard. Similarly, any solvent transferred as a dangerous good can also be assigned to the relevant solvents group standard.
This is not limited to previously transferred substances. A substance that has been given a Part V approval under the Act can also be assigned to a group standard, provided that it meets the scope of the group standard. For example, a cleaning product approved under Part V could be assigned to a cleaning products group standard.
Will previously transferred substances such as solvents and other dangerous goods be reclassified under group standards?
No. There is no need to reclassify substances previously transferred as dangerous goods.
A substance that is already HSNO approved by way of the dangerous goods transfer notice can be assigned to an appropriate group standard. The HSNO classification given in the transfer notice should be used to determine whether the substance fits within the scope of the group standard and the conditions of the group standard that must be complied with.
Can the user of a substance determine it to be non-hazardous?
Under the group standards framework, anyone can determine the hazard status of a substance, including whether it is non-hazardous. However, we consider it unlikely that a user would make such a determination.
ERMA New Zealand expects that the hazard status of a substance would be determined by the importer or manufacturer, and the user of the substance would then follow that determination. If the user decides a substance is non-hazardous contrary to the information provided by the importer or manufacturer, then the user will need to justify this different assessment if questioned by an Enforcement Officer.
If a test certifier is told something is non-hazardous and they disagree, what should they do?
They should check the safety data sheet, which should give information on the hazards (if any) of the substance. They should also ask the user to get a copy of the record from the importer or manufacturer to confirm whether or not the product has been assigned to a group standard. If the test certifier and the person in charge at the site still cannot agree, then, and depending on the circumstances, the test certifier should not issue a test certificate. If the test certifier considers there is a serious issue of non-compliance, then they should advise the Department of Labour.
Will a list be published of products that are non-hazardous?
No. ERMA New Zealand is not maintaining a register or list of non-hazardous products.
Under the group standards framework, the importer or manufacturer is responsible for classifying the hazardous properties of a product. If they determine that the product is non-hazardous, they do not need to advise ERMA New Zealand.
Will products be stopped at the border if they are not on a register?
No, because there is no register of products approved under a group standard. All products that are hazardous must have the group standard allocation documented, and customs could ask the importer for the HSNO approval number of a product.
Who determines which group standard applies?
Generally speaking, it will be the importer or manufacturer of a substance who determines the group standard approval. [Note: for NOTS, notifiers have been advised of the group standard approval by ERMA New Zealand]. Users of the product should obtain this information from the importer or manufacturer, or from the product's safety data sheet.
Will ERMA New Zealand maintain a register or database of products approved by group standards?
No. ERMA New Zealand is not keeping a register of products that are HSNO approved under a group standard. There is no requirement for an importer or manufacturer to notify us of new products unless that product contains a chemical that is not on the New Zealand Inventory of Chemicals.
Is there a way of identifying a list of products assigned to a group standard?
No. ERMA New Zealand is not keeping a register of products assigned to a group standard.
You can check the safety data sheet for a product, as this must state the group standard approval.
How can I find out what substances fall into which group standard?
The simplest way is to ask the importer or manufacturer. Don't forget that the importer or manufacturer must keep a record of which group standard a product is approved under. Alternatively, the group standard must be indicated on the product's safety data sheet.
Are all hazardous substances covered by group standards?
Where is the power to impose group standard conditions, and what legal status do they have?
The issuing of a group standard is made under Part 6A of the HSNO Act by publication of a notice in the New Zealand Gazette. Section 96B(5) of the Act states that notices issued have the status of regulations.
Do any of the HSNO regulations apply to a group standard?
No, unless they are specifically referenced in the group standard.
For example, some group standards require substances to be tracked and refer directly to the Hazardous Substances (Tracking) Regulations. These regulations must be complied with for these substances. Similarly, the Compressed Gas Mixtures Group Standard references the Compressed Gases Regulations. To comply with this group standard, there must be compliance with the Compressed Gases Regulations.
Who is the appropriate Enforcement Agency?
Group standards are enforced in the same way as other HSNO approvals, by agencies specified in section 97 of the HSNO Act. These include the Department of Labour (in workplaces), the Police (in motor and rail vehicles, or on roads and railway lines), and the Ministry of Health (to protect public health).
Further information on HSNO enforcement, including a list of all enforcement agencies.
Will there be a training module for Enforcement Officers?
No. ERMA New Zealand does not produce training modules. However, we will be holding a series of workshops on group standards in March/April 2007 and guidance material is being developed to help enforcement officers, test certifiers and industry. Details of guidance material and forthcoming workshops will be notified on this page.
Do group standards require notification of new chemicals?
Yes, in most cases.
Group standard approvals allow for the introduction of new products if they meet the scope of the group standard. The scope may require that any new chemical not listed on the Inventory of Chemicals is notified to ERMA New Zealand. This notification must include the substance's name, and information on the new chemical, including its hazard properties. There are a few group standards (such as the Cosmetic Products Group Standard) where notification is not required.
Further information on the Inventory of Chemicals is available from the ERMA New Zealand web site.
The Inventory of Chemicals - what is this?
ERMA New Zealand has developed an inventory of chemicals known to be present in the country. If a product is assigned to a group standard and that product contains a chemical that is not on the inventory, then the manufacturer or importer of the product must advise us.
Why have an Inventory of Chemicals?
The purpose of the HSNO Act is to protect the environment, and the health and safety of people and communities, by preventing or managing adverse effects of hazardous substances and new organisms. To help us do this, it is important to know what chemicals are present in New Zealand, whether as individual chemicals or as components of formulated products. This is the purpose of the inventory.
The process for operation of the Inventory of Chemicals is currently being developed by ERMA New Zealand. An interim inventory is available.
When do I need to notify a new chemical that is not on the Inventory?
Under the group standard approval, you are required to notify ERMA New Zealand when the product containing the new component is first imported or manufactured in New Zealand.
I have a NOTS that was previously controlled under the Toxic Substances Regulations. When do I need to comply with the new group standard?
Group standards came into force on 1 July 2006. However, there is a period of staged implementation, during which time the conditions of a group standard are progressively implemented. The earliest you must comply with any condition is 1 January 2007.
Some conditions, such as those for labelling, safety data sheets, packaging and emergency management commence even later.
If I import a hazardous substance, am I responsible for labelling the substance?
The group standard places a duty on the person selling or supplying the substance to ensure that it is correctly labelled. Therefore, the importer must ensure that a product is correctly labelled before they sell or supply that product in New Zealand.
Is there a requirement to indicate the group standard on the product label?
No, although some companies are doing this by including the approval number on the label. The group standard must, however, be identified on the safety data sheet for the product.
Do I have to put the HSNO approval number on the product label?
No. Some manufactures are doing this, although it is not mandatory.
Are labelling requirements likely to change in the future?
The labelling requirements of the group standards are as up to date as possible based on recent decisions made by the GHS in July 2006. The labelling elements are set out in the document Labelling of Hazardous Substances: Hazard and Precautionary Information. If, at a later date, GHS amend these labelling elements, we would expect this document to be updated to reflect these changes.
Although the group standards set out prescriptive conditions for labelling, alternative (non-prescriptive) means of compliance are also provided for by compliance with the Hazardous Substances Identification, Emergency Management and Disposal Regulations.
What labelling is required for transport?
When a substance is transported in bulk, the group standard requires compliance with the Land Transport Rule, the Civil Aviation Rule or the Maritime Rule as appropriate. No other specific labelling conditions are set.
What is the timeframe for compliance with safety data sheets?
1 July 2008. By this time, safety data sheets must comply with the 16-header format requirement of the group standard.
What do I need to put on a safety data sheet to indicate the group standard approval, and where does it go?
The safety data sheet must contain information to show the group standard under which the product is approved. You can either give the name of the group standard (for example, Cosmetic Products Group Standard), or the group standard approval number (for example, in the case of the Cosmetics Products Group Standard, HSR002552). This information must be recorded under the heading 'Regulatory information'.
Do I need to provide the HSNO classification on a safety data sheet?
No. It is not a requirement to put the HSNO classification on the safety data sheet. However, you do need to include information on the hazards of the substance, and this should be recorded under the heading 'Hazard identification'. So, for example, if your substance is a flammable liquid, you will need to indicate that it is a class 3 substance. Similarly, if it is corrosive, you will need to indicate that it is a class 8 substance.
Is an electronic version of a safety data sheet acceptable?
If an employee asks for a safety data sheet, the person in charge must be able to provide one. This could include making it available electronically (e.g. on a website), or holding it on file in the workplace. Remember that a safety data sheet is only required in a place of work.
Safety data sheet rollout will be too slow
It will be necessary to work through the transitional period that has been given to products approved under a group standard. Group standard compliant safety data sheets must be in place by 1 July 2008.
Where is child resistant packaging (CRP) required?
CRP is required for acutely toxic (HSNO class 6.1D and 6.1E) and corrosive substances, unless the substance is being sold or supplied for use in a place of work where children do not have access to the substance.
The group standards contain provisions for staged implementation for CRP, including alignment with overseas requirements through to 2010. The precise conditions may differ between group standards, so users should check the group standard requirements carefully.
Are perfumes covered by group standards?
Yes, perfumes are covered under the Cosmetics Products Group Standard 2006.
If I comply with the requirements of Site and Storage Conditions for Class 3.1 Flammable Liquids, do I need to comply with the Classes 1 to 5 Controls Regulations?
No. If your product is HSNO approved under a group standard, the Classes 1 to 5 Regulations do not apply. You must, however, comply with the site and storage conditions, which are based on these regulations.
Are 3.1B and 3.1C products covered by the same site and storage document?
Yes. These are covered under the Site and Storage Conditions for Class 3.1 Flammable Liquids.
Do site and storage conditions apply to work areas as well as storage facilities?
Yes. Site and storage conditions apply to places where a substance is used (e.g. work areas at an industrial premise) and/or stored (e.g. a warehouse). Some of these conditions will apply only if the substance is used or stored above certain threshold quantities.
What is the situation if I have a mixture of substances under a Transfer Notice and also under a group standard? Are the quantities cumulative?
Yes. The formula for determining the Quantity-Ratio Sum is provided in each site and storage document. When applying this formula you must take into account all hazardous substances, howsoever those substances were approved.
I have transferred substances which were under the limit for a location test certificate. I now have products under a group standard, also under the limit. What do I do now?
The quantities should be added together according to the formula for the Quantity-Ratio Sum. If the cumulative quantities are over the limit, you need to get a location test certificate. Under the staged implementation provisions of the group standard, you have till 1 January 2008 to do this.
I already have a location test certificate. Do I need a new one?
If your location test certificate is for the same class of substance, then you do not need a new certificate. If you have a new class of substance, then you will need a new location certificate.
For example, if your original certificate is for class 3.1 flammable substances, and you now have class 5 oxidising substances under a group standard, then you will need a certificate for the class 5 substances.
I have a paint shop that has not needed a location test certificate before because the quantities of flammable solvents were below the threshold. Now that a group standard applies to paints I am over the limit. Does staged implementation apply to me?
Yes. You have till 1 January 2008 to obtain a location test certificate.
Are there any changes to the requirements for, and the issuing of, test certificates?
No. The test certification process under a group standard approval is identical to that which applies for any other type of HSNO approval.
How are Type E buildings considered under group standards?
The provisions given for Type E buildings in the Dangerous Goods Transfer Notice are incorporated as Clause 45 (Part 5) of Site and Storage Conditions for Class 3.1 Flammable Liquids.
Where are the requirements for fire extinguishers specified?
Information on the number of fire extinguishers, and their performance specification, is given in the relevant site and storage document. Fire extinguisher requirements for a motor vehicle transporting substances is also given in each group standard.
I have a mixture of waste solvents for recycle. Are these covered under group standards?
Yes. The Solvents Group Standards include conditions for the recycling and re-use of waste solvents.
Are manufactured articles (e.g. batteries) covered by group standards?
Group standards can be issued for manufactured articles that contain a hazardous substance (section 96(b)(2)(d) of the HSNO Act). However, these group standards can only apply to the article as a waste. They cannot be issued for other parts of the life cycle.
None of the group standards issued by ERMA New Zealand on 1 July 2006 cover manufactured articles.
When will group standards be available for hazardous wastes?
The Ministry for the Environment has been working for a number of years to improve the management of hazardous waste. This work has led to the development of a Policy Framework to Reduce and Safely Manage Hazardous Waste in New Zealand. This policy framework outlines the elements that are in place or underdevelopment to reduce and improve the management of hazardous waste.
The Ministry is developing group standards for hazardous wastes that fall within the Minimum Degrees of Hazard under HSNO. They should be contacted directly for more information and the likely timeframe for their implementation.
You can contact the Ministry on 04 439 7400.
Where can I get more information on group standards?
For further information on group standards, contact us on 0800 376 234 (Hazardous Substances Compliance Line) or email hsinfo@ermanz.govt.nz.