Protecting the environment while using pesticides...epa.govt.nz [email protected] 1 Protecting the environment while using pesticides A guide to the rules for pesticide use

epa.govt.nz [email protected] 1

Protecting the environment while using pesticides

A guide to the rules for pesticide use in the Hazardous Substances (Hazardous Property

Controls) Notice 2017

November 2018

Pesticides are used widely in New Zealand to control or eradicate pests in a range of different situations, such as agriculture, horticulture, native bush, and in public places.

Pesticides can harm the environment if they are not used correctly, and there are rules to ensure their safe use. You may need a qualification, or to receive training from a qualified person, before you can apply some pesticides. Find out more here.

Introduction

The rules for using pesticides safely in the environment are set out in the Hazardous Substances (Hazardous

Property) Controls Notice 2017 (the HPC Notice). Many of these rules apply to both workplaces and places

outside of work. This guide summarises and explains the key rules in the HPC Notice for using pesticides1.

Note: you must also always follow the instructions on the pesticide’s label.

Recent changes in the law

The law in New Zealand to manage hazardous substances, including pesticides, was changed on 1 December

2017. Before this date, controls on the storage and use of hazardous substances were set under the Hazardous

Substances and New Organisms (HSNO) Act 1996.

Since the change in the law, many controls to manage hazardous substances in workplaces are now set in the

Health & Safety at Work (HSW) Hazardous Substances Regulations 2017. The test certification regime that was

previously under HSNO is now in the HSW Hazardous Substances Regulations.

As a result of this split, the qualifications and certification needed for applying pesticides are now set

out in two places:

In the HPC Notice. This notice is made under the HSNO Act and sets rules to protect the environment from

hazardous substances. It is administered by us, the EPA.

In the HSW Hazardous Substances Regulations 2017. These regulations set rules to protect people from

the workplace use of hazardous substances. They are enforced by WorkSafe New Zealand

We will explain more about what this change in the law means for qualification and certification for applying

pesticides below.

1 To ensure you comply with all of the requirements in the HPC Notice, see the full notice, available on our website.

Also see our guidance on: Storing or using substances with ecotoxic properties.

https://www.epa.govt.nz/assets/Uploads/Documents/Hazardous-Substances/EPA-Notices/Hazardous-Substances-Hazardous-Property-Controls-Notice-2017.pdf

https://www.epa.govt.nz/assets/Uploads/Documents/Hazardous-Substances/Guidance/Storing-and-using-hazardous-substances-with-ecotoxic-properties.pdf

epa.govt.nz 2 [email protected]

Defining pesticides

The HPC Notice defines a pesticide as a class 9 hazardous substance used for pest management to eradicate,

modify or control organisms in:

agricultural, horticultural or forestry activities (including in a domestic context), and

any place that may be lawfully accessed by the public (with or without payment of a charge).

The HPC Notice excludes the following substances from the definition of pesticides:

veterinary medicines, fertilisers, anti-fouling paints, timer-treatment chemicals and antisapstain chemicals

disinfectants or cleaning products (except when they are used to treat pests or insects on horticultural

crops).

All pesticides have class 9 (or ecotoxic) hazards. This means they have the potential to cause environmental

harm if not used correctly. In general, the rules in the HPC Notice cover the use of any weed or pest spray or

vertebrate bait.

Do no harm

When applying pesticides, you must take all reasonable steps to make sure the pesticide doesn’t cause

significant harm to the environment beyond the area where the pesticide was applied (the target ‘application

area’). This includes damage to non-target plants, animals or insects, or contamination of water and soil outside

of the application area. If there’s an Environmental Exposure Limit (EEL) set for the pesticide you’re using, this

must not be exceeded.

Find out more about the exposure limits set for particular substances on our webpage: Controls for hazardous

substances and see this table of EELs set by the EPA

Protect waterways

Pesticides and plant-growth regulators with a 9.1 classification (harmful to the aquatic environment) must not be

applied directly into or onto water.

Protect birds

If you plant seeds that are coated in a class 9.3 pesticide (harmful to vertebrates), or if you use a class 9.3

pesticide in granular form, you must take all reasonable steps to ensure that birds are not able to access them.

Either cover the substance completely with soil, or otherwise prevent or deter birds from foraging in the

application plot.

https://www.epa.govt.nz/industry-areas/hazardous-substances/rules-for-hazardous-substances/controls-for-hazardous-substances/

https://www.epa.govt.nz/industry-areas/hazardous-substances/rules-for-hazardous-substances/controls-for-hazardous-substances/

https://www.epa.govt.nz/assets/Uploads/Documents/Hazardous-Substances/TEL-and-EEL/environmental-exposure-limits-2018-11-7.xlsx


Protect pollinators

For pesticides with a class 9.4 classification (harmful to invertebrates), you must ensure your target area doesn’t

have any:

bees that are foraging; or

plants (including trees and weeds) that are—

o likely to be visited by non-target invertebrate pollinators; and

o in flower or part-flower; or

o likely to flower within the period specified by the EPA as an additional control on the approval for the

substance.

An invertebrate pollinator moves pollen from the male part of a flower to the female part to create fruit, pods

and/or seeds – these pollinators include bees, pollen wasps, ants, hoverflies, butterflies, moths and flower

beetles.

Note: This requirement does not apply if the application plot is indoors and the substance is contained within

the facility.

Using vertebrate baits

The HPC Notice sets rules (‘controls’) for the use of vertebrate toxic agents (VTAs) such as 1080, cyanide,

Pindone and brodifacoum. These include restrictions on bait size, methods of release, the degree of palatability,

and repellents or attractants that must be used in the substance. If there are controls set for a particular

substance, you must follow them.

To find out more about the rules for a particular VTA, read the label or find the substance in our Approved

Hazardous Substances with Controls database on our website: www.epa.govt.nz/database-search.

Note the HSW Hazardous Substances Regulations 2017 also set controls on VTAs; for more information, see

the WorkSafe New Zealand website.

Appropriate equipment

The person (the PCBU2) managing or controlling the application of a class 9 substance must ensure that:

all handling equipment is leak-proof at all temperatures and pressures, and while the substance is being

dispersed

all equipment has accompanying use and maintenance documentation, and

the documentation is available to all workers handling the substance and is readily understandable by a

fully-trained worker.

2 A person conducting a business or undertaking

http://epa/edrms/aw/1/ba/hse/www.epa.govt.nz/database-search


Follow the label

You must follow the specific application rates, frequencies and intervals set out on the pesticide’s label. Do not

apply the substance:

at a rate greater than the maximum application rate

more frequently than the maximum application frequency, or

any time after the previous application, if it is within the minimum application interval.

Application records

If 3 kg or more of a pesticide or plant-growth regulator with a class 9.1A, 9.2A, 9.3A or 9.4A classification is

applied in a workplace within 24 hours, and if the substance is likely to enter air or water and leave the

application area, a written record must be kept of the application.

The record must include the following information:

name and HSNO approval number of substance

the date and time of each application or discharge of substance

the amount of the substance applied or discharged

the location

if applied or discharged in air, a description of the wind speed and direction when the substance was

applied or discharged

the name of the user and the user’s address

measures taken to avoid spray drift and/or significant adverse effects beyond the application site

if the substance is applied aerially, electronic data files of locations and aircraft secondary positional

information (for example, geographic information system (GIS) shape files, based on global navigation

satellite system data).

Respect all buffer zones

A buffer zone is a no-spray zone between the application area and a place that needs to be protected from the

substance. If a buffer zone is set, the pesticide must not be applied in that zone. Even if a buffer zone isn’t set, it

can be useful to establish one to help prevent spray drifting out of the intended application area. Buffer zones

for various situations should be stated on the product label.


Qualifications needed when using certain pesticides

As mentioned about, the law for managing hazardous substances, including pesticides, changed in late 2017.

For people handling pesticide, the effects of this change in the law are:

The class 9 approved handler qualification is no longer available. However, if you already hold a current

valid class 9 approved handler certificate that was issued before 1 December 2017, you do not need

comply with the new qualification requirements until either 31 December 2019, or until your certificate

expires, whichever is later.

The HPC Notice includes a list of new qualification requirements for users of certain class 9 pesticides to

ensure the environment is protected. These qualifications are needed for using pesticides with 9.1A, 9.2A,

9.3A or 9.4A classifications, and for the products listed in Tables 1a and 1d in Appendix I.

The HSW Hazardous Substances Regulations also require qualifications for users of certain class 6

substances to ensure people are protected while applying pesticides. Specifically, people using pesticides

with a 6.1A or 6.1B classification need to be certified handlers. If you are using class 6.1A or 6.1B

vertebrate toxic agents, you will also need to hold a controlled substance licence.

This means that in some cases, you may need to have the relevant class 9 qualification as required by the HPC

Notice, and also be a certified handler (and hold a controlled substances licence where relevant) under HSW.

To check what’s needed for the pesticide you are using, see Figure 1, and for more information about who in

your team should be qualified to ensure you are working legally, see below.


Figure 1 Qualifications, certification and licences needed for ground-based pesticide application

Ground application of pesticides

Is the pesticide: class 9.1A (GHS

Aquatic Toxicity Category 1: acute

and chronic), 9.2A, 9.3A, 9.4A,

or a product listed in Tables 1b, 1c

and 1d below?

You* need an appropriate

qualification, see the HPC

Notice Part 4, Subpart C,

and Schedules 9 and 10.

You need to be a certified

handler, and for 6.1A and

61B VTAs hold a controlled

substances licence.

Contact WorkSafe for more

information.

Is the pesticide: class 6.1A or 6.1B?

Yes

Yes

No

You don’t need a specific qualification but you

should understand the controls on the pesticide and

know how to apply it safely – see the product label

and safety data sheet (SDS)

No

Do you hold a current valid class 9

approved handler qualification

(issued before 1 Dec 2017)?

New qualifications are not

needed until 31 Dec 2019,

or until the certificate

expires, whichever is later.

* see Exceptions to qualification requirement section below

No

Yes


Different qualifications needed for different types of user and uses

The HPC Notice sets out a range of different qualification requirements for pesticide users to ensure they

manage risks to the environment. The type of qualification needed depends on whether you are a commercial

contractor or not, and on the way the pesticide is applied.

Different qualifications are required for:

mixing/loading pesticides

mixing/loading vertebrate toxic agents

aerially applying pesticides

contractors applying pesticides

other users applying pesticides

urban pest management contractors

See Appendix II for the different types of qualifications needed for different users, and different application

methods. Note that these qualifications are to manage risks to the environment; you many need other

qualifications to manage other risks.

Exception to qualification requirement

In most situations, not everyone mixing, loading or applying class 9.1, 9.2A, 9.3A or 9.4A pesticides needs to

hold the relevant qualification. Other people can carry out these activities provided they receive guidance from

a qualified person, and the qualified person is available to help at all times.

Note this exception does NOT apply:

to pesticides with a 6.1A or 6.1B classification (see below).

to the aerial application of pesticides (see below).

Other than these cases bulleted above, the qualified person does not have to be present while the pesticide is

being applied. However, they must train all unqualified staff on how to apply the substance properly at the

particular place of application, and then be available at all times to provide assistance.

“Available at all times” means that the qualified person must be contactable at all times and be able to provide

an immediate response. For example, the qualified person could be contacted by phone but this must be direct

– i.e. they would need to answer the phone personally rather than using a voicemail service.

6.1A or 6.1B pesticides

Pesticides with a 6.1A or 6.1B classification must be must be under the personal control of a certified handler at

all times. This means the certified handler must be present at the place where the substance is being handled.

This is a requirement of the HSW Hazardous Substances Regulations. As noted above, if you are using class

6.1A or 6.1B vertebrate toxic agents, you will also need to hold a controlled substance licence.


Aerial application of pesticides

All pilots aerially applying pesticides (other than from an unmanned aircraft) must hold a current relevant rating

issued under Part 61 of the Civil Aviation Rules for:

aerial top dressing

aerial spraying or

aerial vertebrate toxic agent

Any person aerially applying pesticides from an unmanned aircraft must be operating under the authority of, and

in accordance with, a valid unmanned aircraft operator certificate issued under Part 102 of the Civil Aviation

Rules.


Appendix I When a qualification is needed (by substance type)

If you plan to use the following pesticides, you must be qualified:

pesticides or plant growth regulators with a classification listed in Table 1a (below), excluding those listed in

Table 1e

pesticides listed in Table 1b

pesticides listed in Table 1c when they are applied onto or into water

vertebrate toxic agents listed in Table 1d.

Note: the substance will also need to be under the personal control of a certified handler if it also has a class 6.1

or 6.1B classification.

Table 1a Qualifications are required when using pesticides or plant growth regulators with at least one of

these classifications

HSNO classification GHS classification

9.1A Aquatic toxicity (acute) Category 1

Aquatic toxicity (chronic) Category 1

9.2A No equivalent

9.3A No equivalent

9.4A No equivalent

Table 1b Additional pesticides with other classifications that have qualification requirements

(from HPC Notice, Schedule 9, Table 1)

Substance name HSNO approval number

Atlantis Flo HSR100435

Chlorine Dioxide (Pesticide) HSR007938

Emulsifiable concentrate containing 100 g/litre haloxyfop[(R)-isomer]

as the methyl ester

HSR000373

Fandango HSR001722

Firefly HSR007993

Fusilade Forte HSR007852

Hortcare Approve 240SC HSR007667

Ignite HSR002431

Intuity HSR101227

Opus Team HSR007815

Pilaud HSR000135

Scorp EC HSR008025

Velum Prime HSR101067


Table 1c Specific pesticides with qualification requirements when they are applied onto or into water

(from the HPC Notice, Schedule 9, Table 2)


Donaghys Grunt G580 Glyphosate HSR007906

Donaghys Premium Sprayoff G360 HSR007807

Donaghys Premium Sprayoff G540 HSR007808

Macspred Bi Dri glymac 680 herbicide HSR007661

Orion Glyphosate 360 - B HSR007694

Table 1d Additional vertebrate toxic agents with other classifications that have qualification requirements

(from the HPC Notice, Schedule 9, Table 3)


Feratox pellet A in 12g Ferafeed paste HSR100752

Feratox pellet A in 18g Ferafeed paste HSR100752

Feratox pellet A in 20 g Ferafeed paste HSR100752

Feratox pellet A in 9 g Ferafeed Paste HSR100752

Feratox pellet B (one pellet) in 18 g Ferafeed paste HSR100752

Feratox pellet B (two pellets) in 18 g Ferafeed paste HSR100752

Table 1e Qualifications are NOT needed for using these substances. This list is comprehensive at the time

of publication (from the HPC Notice, Schedule 9, Table 4).


Clobber*25 WP HSR000010

PyGanic HSR000051

PyGo HSR000057

Hussar HSR000065

Pilarking HSR000078

Nimrod SC HSR000080

Proclaim HSR000110

Dustable powder containing 5.0 - 7.5 g/kg rotenone HSR000194

Ready to use liquid containing 7.8 g/litre fenitrothion HSR000202

Ready to use liquid containing 4.7 g/litre permethrin, 10 g/litre

piperonyl butoxide and 0.05 g/litre pyriproxyfen HSR000254

Ready to use liquid containing 2.5 - 4.0 g/litre permethrin HSR000263

Ready to use liquid containing 10 g/litre permethrin HSR000267




Ready to use liquid containing 14.25 g/litre esbiothrin. Also contains

hydrocarbons HSR000322



Ready to use liquid containing 20.9 g/litre esbiothrin. Also contains

hydrocarbons HSR000333

Granular material containing 20 g/kg picloram as the amine salt HSR000554

Ready to use liquid containing 2.5 g/litre cyproconazole and 1 g/litre

iodocarb (Substance A) HSR000632

Gel containing 21.5 g/kg imidacloprid HSR000676

Ready to use liquid containing 80 g/litre thiram HSR000730

Sniper™ HSR000953

Melody Duo HSR001616

Quintec HSR001671

Nimrod EW Fungicide HSR001738

Reason HSR001758

Twinax HSR002417

STEMSHOT KF-1 HSR002471

Tnl 2040 HSR002483

IMPULSE HSR007652

Colliss HSR007669

Bait containing 16.5 g/kg hydramethylnon (Substance B) HSR007699

Liquid containing 75 - 125 g/litre permethrin HSR007702

TNL 2189 HSR007756

Myco-RF HSR007810

Melody Duo NF HSR007814

Vega HSR007818

Phaltan 50SC HSR007821

GF-1640 HSR007822

Betanal Forte HSR007865

Elector PSP HSR007967

Corasil HSR008027

Pico HSR008028

NoMate CM Spirals HSR008047

Kytogen HSR100003

Glacier HSR100141

Acquire HSR100276

Liquid containing 600 - 700 g/litre 2,4-D as the amine salt HSR100292

Liquid containing 725 - 850 g/litre 2,4-D as the butyl ester HSR100293

Liquid containing 300 - 350 g/litre mancozeb and 35 - 40 g/litre

metalaxyl HSR100308

Liquid containing 70 - 90 g/litre pyrethrins HSR100315

Liquid containing 180 - 220 g/litre pyrethrins HSR100316

Liquid containing 450 - 550 g/litre spinosad HSR100318

Liquid containing 65 - 85 g/litre trifloxystrobin HSR100321

Liquid containing 5 - 15 g/litre allethrin, 3 - 12 g/litre d-phenothrin and

15 - 25 g/litre tetramethrin HSR100323

Liquid containing 500 - 600 g/litre chlorpyrifos methyl HSR100326

Liquid containing 450 - 550 g/litre propiconazole HSR100339



Liquid containing 325 - 400 g/litre triclopyr as the triethylamine salts HSR100342

StemCap KF-2 HSR100345

Galmano NF HSR100402

Kinto Duo HSR100485

Yates Super Shield Advanced HSR100613

GF-3219 HSR100945

Thicarb 500FS HSR101066

Permethrin IGR Concentrate HSR101143

Permethrin Concentrate HSR101155

Permethrin IGR RTU HSR101156

Permethrin RTU HSR101157

Yates Tomato and Vegetable Dust HSR101195


Appendix II When a qualification is needed (by situation and application method)

These tables are taken from the HPC Notice (Part 4, Subpart C, and Schedule 10)

Table 1 Qualifications for contractors using ground-based application methods to apply certain pesticides

and plant growth regulators (“qualified contractor”)

Application method Qualification needed Specialisation needed

Ground-based application to land,

using mechanical equipment other

than handheld equipment

Rural Contractors New Zealand’s

Registered Chemical Applicator

Accreditation with relevant strand

or

GROWSAFE® Registered Chemical

Applicator Certificate with relevant

strand

None needed


using motorised handheld

equipment—

(a) with a tank capacity exceeding 30

litres; or

(b) within 30m of water or a sensitive

habitat



Accreditation with relevant strand

or


Applicator Certificate with relevant

strand

or

National Certificate in Agrichemical

Application with relevant strand

or

None needed

GROWSAFE® Standard certificate

or

Unit Standard 21563 Demonstrate

knowledge of the HSNO Act, and NZS

8409:2004 for the use of agrichemicals

(now reissued as ‘Demonstrate

understanding of the legislation,

regulations and standards for the use

of agrichemicals’)

Unit Standard 27216 Prepare to apply, and

apply, agrichemicals using motorised equipment

Unit Standard 6237 Operate a handgun sprayer

for agrichemical application

Unit Standard 6238 Operate a knapsack

motorised mist blower for agrichemical

application

Application into or onto water (if this

is not prohibited by controls on the

approval)



Accreditation with aquatic strand

or


Applicator Certificate with aquatic

strand

None needed

Any ground-based application

method not specified in rows above


or

None needed









apply, agrichemicals using hand held equipment


Table 2 Qualifications for a person other than a contractor using ground-based application methods to apply

certain pesticides and plant growth regulators (“qualified person”)

Application method Qualification needed Specialisation needed


using mechanical equipment other

than handheld equipment


or


knowledge of the HSNO Act and NZS







apply, agrichemicals to control pests in crops or

pasture




apply, agrichemicals to control brush weeds

Unit Standard 6239 Prepare to apply, and apply,

agrichemicals for total vegetation control

Unit Standard 6236 Operate a boom or band

sprayer for agrichemical application


agrichemicals to crops by band spraying


using motorised handheld

equipment—

(a) with a tank capacity exceeding 30

litres; or

(b) within 30m of water or a sensitive

habitat


or

None needed










Unit Standard 6237 Operate a handgun sprayer

for agrichemical application

Unit Standard 6238 Operate a knapsack

motorised mist blower for agrichemical

application

Application into or onto water (if this

is not prohibited by controls on the

approval)


or









agrichemicals to control aquatic weeds


Table 3 Qualifications for an urban pest management contractor (“qualified UPM contractor”)

(ground-based operations)

A qualified UPM contractor is someone who:

Holds the qualification in either row A or row B; or

Has been credited with all of the units or unit standards in row C or row D.

Row Qualification or Units

A New Zealand Certificate in Pest Operations (Level 3) (Urban Pest Control)

B National Certificate in Urban Pest Management (Level 2)

C

The following four unit standards from the New Zealand Certificate in Pest Operations (Level 3)

(Urban Pest Control):

Unit standard 28786 Demonstrate knowledge of the purpose and impacts of urban pest

management; and

Unit standard 28787 Demonstrate knowledge of the legislative framework and regulatory

controls governing the urban pest management industry; and

Unit standard 28790 Identify pests, assess pest activity and recommend integrated pest

management or a standard treatment; and

Unit standard 28791 Apply pest management services in the urban pest management

industry.

D

The following three core units from the Australian Pest Management Qualification “CPP30911

Certificate III in Pest Management”:

CPPPMT3005 Manage pests without applying pesticides; and

CPPPMT3006 Manage pests by applying pesticides; and

CPPPMT3018 Maintain equipment and pesticide storage area in pest management

vehicles.

Qualifications for aerial application

Manned aircraft

As above, note that all pilots aerially applying pesticides (other than from an unmanned aircraft) must hold a

relevant rating issued under Part 61 of the Civil Aviation Rules.

Unmanned aircraft

As above, any person aerially applying pesticides from an unmanned aircraft must be operating under the

authority of, and in accordance with, a valid unmanned aircraft operator certificate issued under Part 102 of the

Civil Aviation Rules.