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 (Chlorothalonil Containing Substances Direction Prohibiting Use and Controlling Storage and Disposal) Notice 2017.

2. Commencement—This notice comes into force on 11 May 2017.

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:

Chlorothalonil means chlorothalonil (CAS Number 1897-45-6).

Substances containing chlorothalonil means any of the following substances:

Suspension concentrate containing 500g/L chlorothalonil (Substance B) formerly approved under the Act with approval number HSR000480 with the hazard classification 6.1E (oral), 6.3B, 6.4A, 6.5B, 6.7B, 6.9A (All), 9.1A, 9.2B, 9.3B;

Suspension concentrate containing 102g/L chlorothalonil and 125g/L thiophanate methyl formerly approved under the Act with approval number HSR000147 with the hazard classification 6.1E (oral), 6.3B, 8.3A, 6.5B, 6.6B, 6.7B, 6.9A (All), 9.1A, 9.2B, 9.3C;

Suspension concentrate containing 62.5g/L chlorothalonil, 9.6g/L tau-fluvalinate and 62.5g/L thiophanate methyl formerly approved under the Act with approval number HSR000586 with the hazard classification 6.1D (inhalation), 8.3A, 6.5B, 6.6B, 6.7B, 6.9B (All), 9.1A, 9.2C, 9.3C; and

Tui Disease Eliminator (ready to use) formerly approved under the Act with approval number HSR100872 with the hazard classification 6.5B, 6.7B, 9.1B.

4. Prohibition on use—No person may use a substance containing chlorothalonil after 11 November 2017.

5. Controls on substances containing chlorothalonil until 11 November 2017—(1) The substances containing chlorothalonil are deemed to have the hazard classifications as specified in the definition in 3(2) of this notice.

(2) The controls set out for the approvals specified in this notice shall apply to the substances containing chlorothalonil.

6. Controls on the disposal of substances containing chlorothalonil—(1) All substances containing chlorothalonil must be disposed of by 11 November 2017.

(2) Substances containing 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 chlorothalonil must not be disposed of by discharge into the environment.

(3) When stored for the purpose of disposal, substances containing chlorothalonil must not be mixed with any other substances.

Dated at Wellington this 6th day of April 2017.

Dr KERRY LAING, for and on Behalf of the Environmental Protection Authority.