User Guide to Thresholds and Classification - Environmental ...

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8User Guide for Thresholds and Classifications1.1.5. Exemptions from the HSNO ActSome human medicines and food are categories of substance that are exempt from requiring approval underthe HSNO Act even if they have properties that exceed the hazardous property thresholds. Theseexemptions are set out in sections 5 and 6 of the Hazardous Substances (Minimum Degrees of Hazard)Regulations 2001.Human medicinesHuman medicines in their finished dose form are excluded from the HSNO Act unless the substance is a gascontained at a pressure greater than 170 kPa in a container larger than 100 mL, before the gas isadministered to a person for a therapeutic purpose.However, new medicines (as defined in the Medicines Act 1981) are not excluded from the HSNO Act if theymeet any of the threshold criteria and are either a substance to which section 3(1)(b) of the Medicines Act1981 applies (that is, they are an ingredient of a medicine) or the substance is registered as a veterinarymedicine under the Agricultural Compounds and Veterinary Medicines Act 1997.FoodFood in a ready-to-consume form, which may meet the hazardous property thresholds, is excluded from theHSNO Act.Food additives are not excluded from the HSNO Act if they meet any of the threshold criteria and if they havenot been mixed with or added to any other food or drink that is in a ready-to-consume form.1.1.6. Manufactured articlesManufactured articles containing or incorporating hazardous substances with properties other thanexplosiveness are not substances under the HSNO Act.Manufactured articles with explosive properties (such as flares or detonators) are hazardous substancesunder the HSNO Act.Other manufactured articles containing, incorporating, or including a hazardous substance may be regulatedunder the HSNO Act through the provisions for Group Standards (Part 6A of the HSNO Act). However, inthese instances, the article itself would not be subject to hazard classification.Manufactured products such as glues, paints, and pesticides are also considered substances under theHSNO Act.The EPA has adopted the following as a working definition of ‗manufactured article‘:A manufactured article is something for which its intended use is primarily to do with its physicalshape, rather than its chemical composition.However, because this distinction is not always clear, we have expanded the definition and established thatan item is a manufactured article if it satisfies all of the following criteria.The item is deliberately formed to a specific shape or design during manufacture.The item has an end use function wholly or partly dependent on its shape or design.January 2012 EPA0109
9User Guide for Thresholds and ClassificationsThe item undergoes no change of chemical composition during end use, except as an intrinsic part ofthat end use.The item is not a particle or fluid.Fluids or particles contained within a vessel serving simply to store, transport, and dispense its contents areconsidered to be substances. In general, all fluids and particles such as cleaners, solvents, fuels, glues,sealants, inks, paints, and other coatings are substances if they are merely contained in some form ofpackaging. That is, the contents of containers such as bottles, jars, cans, aerosol cans, drums, barrels,tanks, bags, tubes, and sachets are chemical substances or mixtures of chemical substances.More detailed information on manufactured articles is provided in the information sheet ManufacturedArticles (ERMA New Zealand, 2001).1.1.7. DefinitionsThe chapters on each hazardous property list the key definitions relevant to that property.1.1.8. Application forms and related publicationsIf a substance is assessed as having properties that are above one or more of the hazardous propertythresholds discussed in this document, then an approval for the substance is required under the HSNO Act.Several EPA publications and application forms will help applicants with their application for an approval. Formore information on the HSNO Act and EPA procedures, see our website (www.epa.govt.nz).1.2. How to use this guide1.2.1. Aim of this guideThis guide is to help you to interpret the:threshold regulations, which determine whether a substance is hazardous and subject to therequirements of the HSNO Act; andclassification regulations, which assign levels of hazard to hazardous substances.1.2.2. Responsibility for deciding whether a substance is ‘hazardous’The initial responsibility for deciding whether a substance is ‗hazardous‘ rests with the importer ormanufacturer of the substance.1.2.3. Hazardous propertiesEach substance must be assessed for each of six hazardous properties before a conclusion can be reached.The threshold regulations set the level of hazard below which a substance is not considered hazardous.1.2.4. How to determine whether a substance is ‘hazardous’The determination as to whether a substance is ‗hazardous‘ is not only a technical determination but also alegal one. The manufacture or importation of a hazardous substance without an approval is an offence.January 2012 EPA0109
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