This guide outlines the rules that producers, suppliers and retail liquor outlets handling and storing alcoholic beverages in bulk need to be familiar with for compliance with the Hazardous Substances and New Organisms Act (HSNO). These rules are intended to manage any risk from the flammable nature of spirits and fortified wines. The requirements of other legislation, for example the Food Standards Code, Sale of Liquor Act or the Customs and Excise Act, that also apply to alcoholic beverages are not addressed in this document.
Which alcoholic beverages are covered?
Any spirit or fortified wine with more than 15% abv (alcohol by volume) is subject to the new rules. This includes:
- sherry
- port wine
- liqueur
- 'light' liquors (spirits)
- spirits
- 'cask strength' whisky or rum
- neutral grain spirit
- general alcoholic beverages.
The rules apply when the spirit or fortified wine is in a container of more than 5 litres. This is most likely to be at producers' or suppliers' premises, or with the 'fill-your-own' spirits held at retail liquor outlets.
Low alcohol drinks, beer, wine, cider and any other alcoholic beverage with an alcohol content at or below 15% abv are not subject to the HSNO legislation.
Where do the rules apply?
The rules apply where alcoholic beverages with more than 15% abv are stored in containers with a capacity of more than 5 litres. These types of beverages will be found at:
- retailers;
- stores and warehouses;
- places where alcoholic beverages are produced.
What do the rules require?
Where spirits or fortified wines are stored at a premise in containers of more than 5 litres, a location test certificate is required if:
- for beverages up to and including 50% abv;
- more than 500 litres is held in containers that remain closed on the premise;
- more than 250 litres is held in containers that are open or may be opened on the premise (e.g. for decanting, bottling, 'fill your own');
- for beverages more than 50% abv;
- more than 100 litres is held in containers that remain closed on the premise;
- more than 50 litres is held in containers that are open or may be opened on the premise.
An approved handler is also required where more than 250 litres of alcoholic beverage of more than 50% abv is held in containers greater than 5 litres.
A location test certificate or an approved handler may not be required if the premise is equipped with a drainage and drenching system and a vapour detector, and the containers are constructed of stainless steel, concrete or other approved material.
What is a location test certificate?
A location test certificate shows that a premise where alcoholic beverages are produced or stored complies with the HSNO Act. A location test certificate is issued by a test certifier.
What is an approved handler?
An approved handler is someone who has been certified by a test certifier as competent to handle spirits and fortified wines in bulk. They need to have experience in handling flammable substances (such as these alcoholic beverages), know about the HSNO legislation and the requirements that apply to spirits and fortified wines.
How do I contact a test certifier?
You can find a list of test certifiers on the this website. Test certifiers are not employed by ERMA New Zealand, and there is no set fee for issuing a location test certificate or an approved handler certificate. The cost for a certificate is a commercial arrangement between you and the test certifier.
What other HSNO rules apply?
There are a number of other rules that may apply to bulk spirits and fortified wines. These include:
- Signage to warn that flammable liquids are present.
- A stationary container test certificate for any bulk tank that holds alcoholic beverages.
You must also have someone in the role of 'person in charge'. The person in charge is responsible for ensuring the spirits and fortified wines are correctly managed and that the HSNO rules are followed.
Where can I get more information?
For more information on the HSNO requirements that apply to bulk spirits and fortified wines, contact our Hazardous Substances Compliance Line on: 0800 376 234 or email: hsinfo@ermanz.govt.nz
A test certifier will also be able to give you guidance and assistance.