Pursuant to section 66 of the Hazardous Substances and New Organisms Act 1996 (“Act”), the Environmental Protection Authority issues the following notice.

Notice

1. Title—This notice is the Hazardous Substances (Carbaryl, Chlorpyrifos and Diazinon Containing Substances Direction Prohibiting Use and Controlling Storage and Disposal) Notice 2016.

2. Commencement—This notice comes into force on 28 February 2016.

3. Interpretation—(1) In this notice, words and phrases have the meanings given to them in the Act and in Regulations made under the Act.

(2) In this notice, the following words have the following meanings:

Carbaryl means carbaryl (CAS Number 63-25-2).

Chlorpyrifos means chlorpyrifos (CAS Number 2921-88-2).

Diazinon means diazinon (CAS Number 333-41-5).

Substances containing carbaryl, chlorpyrifos or diazinon means any of the following substances:

Flammable liquid containing 7–13g/L chlorpyrifos and 100–120g/L cypermethrin, formerly approved under the Act with approval number HSR001812 with the hazard classification 3.1D, 6.1D (All), 6.1D (O), 6.1E (D), 6.3B, 6.4A, 6.5B, 6.8B, 6.9A (All), 6.9A (O), 9.1A (A), 9.1A (All), 9.1A (C), 9.1A (F), 9.3C, 9.4A;

Flammable liquid containing 120–180g/L chlorpyrifos, formerly approved under the Act with approval number HSR001814 with the hazard classification 3.1D, 6.1C (All), 6.1C (D), 6.1D (O), 6.3B, 6.4A, 6.7B, 6.9A (All), 9.1A (A), 9.1A (All), 9.1A (C), 9.1A (F), 9.2C, 9.3B, 9.4A;

Flammable liquid containing 32–50% chlorpyrifos formerly approved under the Act with approval number HSR001816 with the hazard classification 3.1D, 6.1C (All), 6.1C (D), 6.1C (O), 6.3A, 6.7B, 6.8B, 6.9A (All), 6.9A (O), 8.3A, 9.1A (A), 9.1A (All), 9.1A (C), 9.1A (F), 9.2B, 9.3A, 9.4A;

Collar containing 140–180g/kg diazinon and 1.7–3.2g/kg pyriproxyfen formerly approved under the Act with approval number HSR001802 with the hazard classification 6.4A, 9.1A (All), 9.1A (C), 9.1A (F), 9.1B (A), 9.4A;

Collar containing 140–180g/kg diazinon formerly approved under the Act with approval number HSR001807 with the hazard classification 6.4A, 9.1A (All), 9.1A (F), 9.1B (A), 9.1B (C), 9.4A;

Flammable liquid containing 360–440g/L diazinon formerly approved under the Act with approval number HSR001953 with the hazard classification 3.1D, 6.1D (All), 6.1D (D), 6.1D (I), 6.1D (O), 6.3B, 6.4A, 6.7B, 6.8B, 6.9A (All), 9.1A (All), 9.1A (C), 9.1A (F), 9.1C (A), 9.2D, 9.3A, 9.4A;

Solid containing 20–50g/kg diazinon formerly approved under the Act with approval number HSR001808 with the hazard classification 6.4A, 6.8B, 6.9B (All), 9.1A (All), 9.1A (C), 9.1A (F), 9.3A, 9.4A;

Flammable liquid containing 0.26–5% diazinon formerly approved under the Act with approval number HSR002288 with the hazard classification 3.1C, 6.1D (All), 6.1D (I), 6.1D (O), 6.3A, 6.6B, 6.8B, 8.3A, 9.1A (All), 9.1A (C), 9.1A (F), 9.1B (A), 9.3B, 9.4B;

Dustable powder containing 50g/kg carbaryl formerly approved under the Act with approval number HSR000672 with the hazard classification 6.1E (All), 6.1E (O), 6.7B, 6.9B (All), 9.1B (All), 9.1B (C), 9.4C;

Wettable powder containing 800g/kg carbaryl formerly approved under the Act with approval number HSR000819 with the hazard classification 6.1C (All), 6.7B, 6.9B (All), 9.1A (All), 9.2B, 9.3B, 9.4A;

Ready to use bait containing 5g/kg chlorpyrifos formerly approved under the Act with approval number HSR000164 with the hazard classification 9.1A (All), 9.1A (C), 9.1A (F), 9.3C, 9.4B;

Paste containing 5g/kg chlorpyrifos formerly approved under the Act with approval number HSR000166 with the hazard classification 6.5B, 9.1A (All), 9.1A (C), 9.1A (F), 9.3C, 9.4B;

Microencapsulated suspension concentrate containing 200g/L chlorpyrifos formerly approved under the Act with approval number HSR000168 with the hazard classification 6.9A (All), 9.1A (A), 9.1A (All), 9.1A (C), 9.1A (F), 9.2C, 9.3B, 9.4A;

Emulsifiable concentrate containing 240g/L chlorpyrifos formerly approved under the Act with approval number HSR000169 with the hazard classification 3.1C, 6.1C (All), 6.1C (D), 6.1C (O), 6.3A, 6.4A, 6.8B, 6.9A (All), 9.1A (A), 9.1A (All), 9.1A (C), 9.1A (F), 9.2C, 9.3B, 9.4A;

Ready to use liquid containing 20g/L chlorpyrifos formerly approved under the Act with approval number HSR000172 with the hazard classification 3.1C, 6.1D (All), 6.1D (O), 6.3B, 6.4A, 6.5B, 6.7B, 6.9B (All), 9.1A (All), 9.1A (C), 9.1A (F), 9.2B, 9.3B, 9.4B;

Flammable liquid containing 2.5–3% chlorpyrifos formerly approved under the Act with approval number HSR001810 with the hazard classification 3.1C, 6.1D (All), 6.1D (O), 6.1E (D), 6.3A, 6.8B, 6.9B (All), 8.3A, 9.1A (All), 9.1A (C), 9.1A (F), 9.2C, 9.3B, 9.4A;

General purpose insect spray (contains diazinon) formerly approved under the Act with approval number HSR001741 with the hazard classification 6.1E (All), 6.1E (O), 6.3B, 6.4A, 6.8B, 6.9B (All), 6.9B (D), 6.9B (I), 6.9B (O), 9.1A (All), 9.1A (C), 9.1A (F), 9.1C (A), 9.3A, 9.4A; and

Aerosol containing 0.3–0.7% carbaryl and 0.4–0.8% piperonyl butoxide formerly approved under the Act with approval number HSR001811 with the hazard classification 6.1D (All), 6.1D (O), 6.3A, 6.4A, 6.7B, 6.8B, 6.9A (All), 9.1C (All), 9.1C (C), 9.1C (F), 9.3C, 9.4C.

4. Prohibition on use—(1) No person may use a substance containing carbaryl, chlorpyrifos or diazinon after 3 years from the date of this notice.

5. Controls on substances containing carbaryl, chlorpyrifos and diazinon until 28 February 2019—(1) The substances containing carbaryl, chlorpyrifos or diazinon are deemed to have the hazard classifications as specified in the definition in 3(2) of this notice.

(2) Unless otherwise specified below, the controls set out for the approvals specified in this notice shall apply to the substances containing carbaryl, chlorpyrifos or diazinon.

(3) For the purposes of Regulation 10 of the Hazardous Substances (Class 6, 8, and 9 Controls) Regulations 2001, no substances containing carbaryl, chlorpyrifos or diazinon in any quantity may be carried on any passenger service vehicle.

6. Controls on the disposal of substances containing carbaryl, chlorpyrifos or diazinon—(1) All substances containing carbaryl, chlorpyrifos or diazinon must be disposed of by 28 February 2019.

(2) Substances containing carbaryl, chlorpyrifos or diazinon must be disposed of in accordance with the Hazardous Substances (Disposal) Regulations 2001, excluding Regulations 8(1)(b) or 9(1)(b). Therefore, substances containing carbaryl, chlorpyrifos or diazinon must not be disposed of by discharge into the environment.

(3) When stored for the purpose of disposal, substances containing carbaryl, chlorpyrifos or diazinon must not be mixed with any other substance.

Dated at Wellington this 26th day of January 2016.

Dr DEBORAH READ, for and on behalf of the Environmental Protection Authority.