Fumigants are now controlled by the Hazardous Substances and New Organisms (HSNO) Act 1996. Under the HSNO Act, fumigants will no longer be subject to the Fumigation Regulations or the Noxious Substance Regulations.
Fumigants are used to control a variety of pests including:
- fungus in soil
- spiders in grape imports
- mites in grain
- rabbits in burrows
Different fumigants are:
- injected into the soil
- used to treat timber
- used to treat export and import goods
- used to debug buildings and ships
- used extensively by the agriculture and horticulture industries and other pest management services
If your pest control business wants to continue using fumigants, the law requires you to have the right Test Certificates and licenses. These include:
- Licensing
- Location Test Certificates
- Tracking
- Approved Handler Test Certificates
- Packaging
- Identification, documentation and signage
- Fire Extinguishers and Emergency Management
- Tolerable Exposure Limits
Licensing Requirements
Under the HSNO Act, anyone who manufactures, sells, uses or stores a licensed fumigant will need to obtain a Controlled Substances Licence. Only a licence holder can take possession of a licenced fumigant. To buy them your supplier will need to confirm there is a licence holder who will take responsibility for them, and that you have a Location Test Certificate if needed.
- Fumigants requiring a Licence
- Hazardous Substances (Fumigants) Transfer Notice 2004 [pdf 226kb]
- Details on the licensing system
If you have already been using fumigants legally under the old legislation then there are Transitional arrangements
Location Test Certificates
You will need a Location Test Certificate if you are using and/or storing flammable fumigants above certain minimum quantities. A list of these is included in the table below.
Tracking
The most hazardous chemicals need tracking, and you will need an Approved Hander in order to use them. A supplier will need to confirm there is an Approved Hander who will take responsibility for them, and that they have a Location Test Certificate if needed.
All the fumigants in the table below are tracked. Tracking means recording what happens to the fumigant which you possess. See our tracking page for more details.
Approved Handlers
Fumigants are highly toxic poisons that, in some instances, can be extremely harmful to people.
An Approved Handler must make sure that certain chemicals are handled safely, that they do not harm people, nor damage the environment.
All fumigants listed in the table below are required to be under the control of an Approved Handler at all times, except when the fumigant is safely locked away.
Not all employees in a fumigation business need to be Approved Handlers. Fumigants may be handled by a person who is not an Approved Handler if:
- an Approved Handler is present at the place where the fumigant is being handled
- the Approved Handler has provided guidance to the person for the handling
- the Approved Handler is available at all times to provide assistance if necessary
Table of fumigants
Fumigants below are listed by their trade name. The table shows what certificate or licence you need to have, or whether the fumigant is required to be tracked for each specific product (check with your supplier as new products may become available after this list was created).
| Fumigant, with Trade Name Products | Location Certificate | Licence/ Approved Handler | Tracking |
|---|---|---|---|
| 1,3-Dichloropropene Telone Soil Fumigant | Yes > 100 L | Yes | Yes |
| 1,3-Dichloropropene and chloropicrin Telone C-35 Soil Fumigant | Yes > 100 L | Yes | Yes |
| Chloropicrin Brimark Chloropicrin Pic-Fume Chloropicrin Soil Fume CP | No | Yes | Yes |
| Hydrogen cyanide Cyanosil | No | Yes | Yes |
| Magnesium or aluminium phosphide Magtoxin Gentoxin Genfume AP Quickphos | Yes > 3 kg | Yes > 3 kg | Yes > 3 kg |
| Methyl bromide AG Fume MB Brima-Fume Methyl Bromide K & B Adams Methyl Bromide | Yes >100 m3 | Yes | Yes |
| Methyl bromide and chloropicrin Brima-Fume Methyl Bromide Fumigant Bromafume Soil Fumigant Israel Bromine K & B Adams Methyl Bromide Fumigant Soil Fume MBC 33 | Yes > 100 m3 | Yes | Yes |
| Phosphine ECO2FUME | No | Yes | Yes |
Transitional Provisions
If you have a current Certificate of Competence under the Fumigation Regulations (1967), you have until 31 October 2006 in which to obtain a licence.
If you are a commercial grower (or contractor to commercial growers) and use fumigants exclusively for agricultural or horticultural purposes, you have until 31 October 2006 in which to obtain a Licence.
If you are a person who imports, manufactures or supplies fumigants as at 31 October 2004, you also have until 31 October 2006 in which to obtain a Licence.
Staged Implementation
In order to make the transition from the laws you currently operate under to the HSNO regulations, a staged implementation process has been introduced. This allows anyone dealing with fumigants to progressively comply with the new controls. The key dates are:
From 1 May 2005
All persons must comply with the HSNO controls for fumigants.
All persons who are not covered by the transitional provisions, must have a licence to possess certain fumigants.
31 October 2006
All persons must hold a licence to possess a fumigant, unless:
- you possess less than 3kg in total of pellets containing 660g/Kg magnesium phosphide or 570 g/Kg aluminium phosphide, or
- you are only transporting the fumigant and complying with the Land Transport Rules.
Given there is only a limited number of Test Certifiers who can issue licences for fumigants, we encourage all users of fumigants to obtain their licence as soon as possible and not wait until 30 October 2006. If you wait you may not be able to obtain you licence in time!
Packaging
Provided you comply with the current packing requirements you do not need to comply with the Hazardous Substances (Packaging) Regulations 2001 until 31 October 2006.
Identification, Documentation and Signage
Provided you comply with the current identification, documentation and signage requirements you do not need to comply with the relevant HSNO Regulations until 31 October 2006.
Fire Extinguishers and Emergency Management Response Plans
Provided you comply with the current fire extinguishers and emergency management response plans requirements you do not need to comply with regulations 21 to 34 of the Hazardous Substances (Emergency Management) Regulations 2001 until 31 October 2005.
Tolerable Exposure Limits
You do not need to comply with regulation 27 of the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001 until 30 June 2006. Schedule 5 of the Hazardous Substances (Fumigants) Transfer Notice 2004 for these tolerable exposure limits is shown below:
The following table specifies tolerable exposure limits set for the substances specified in column 1.
These limits are for each substance specified in column 2 when it is a component of the substance or substances specified opposite it in column 1.
|
Substances |
Component and tolerable exposure limit |
|---|---|
|
|
|
|
|
|
|
|
These tolerable exposure limits come into force from 1 July 2006 (refer Schedule 4, clause 10).
Further information
You can contact a hazardous substance enforcement officer, normally Department of Labour Workplace Group (Occupational Safety and Health Service), in your district.
There are also regional consultants for hazardous substances who can offer independent advice. Refer to:
ERMA New Zealand
PO Box 131, Wellington
Tel: 04 916 2426 or 0800 376 234
Email: hsinfo@ermanz.govt.nz