Hazardous Substances

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EPA Notice

Under the Hazardous Substances and New Organisms Act 1996

Hazardous Substances

(Hazard Classification) Notice 2020

OCTOBER 2020

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Hazardous Substances and New Organisms Act 1996

Hazardous Substances (Hazard Classification) Notice 2020

This notice is issued by the Environmental Protection Authority (the Authority) under section 74 of the Hazardous Substances and New Organisms Act 1996 (the Act).

It is issued in accordance with section 76C of the Act, having had regard to the matters specified in section 76C(2).

The Authority now approves it for publication in the Gazette.

Signed at Wellington

This 15^th day of October 2020

By Julie Hardaker

Chairperson

Environmental Protection Authority

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Hazardous Substances (Hazard Classification) Notice 2020

This notice is issued by the Environmental Protection Authority (the Authority) under section 74 of the Hazardous Substances and New Organisms Act 1996 (the Act). It is issued in accordance with section 76C of the Act, having had regard to the matters specified in section 76C(2).

Objective of notice

The purpose of this notice is to establish the hazard classification system for hazardous substances and gases under pressure by reference to the United Nations Globally Harmonised System of Classification and Labelling of Chemicals, 7^th revised edition, 2017 (GHS 7), and by adopting classification categories for certain substances that are ecotoxic to the terrestrial environment.

This notice replaces the Hazardous Substances (Classification) Notice 2017 and the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017.

Extent of consultation

The Authority publicly notified its intention to issue this notice on 29 October 2019 by publishing a consultation document on its website. It invited comments by 9 January 2020. The consultation

document was also sent to relevant persons in accordance with section 76C(1)(c) of the Act, and other interested parties. Comments were received and taken into account by the Authority during the

drafting of this notice.

Documents incorporated by reference

Information on how to access material incorporated by reference in this notice is available on the EPA website.

Documents that are incorporated by reference in this notice are also available, on request, for inspection free of charge during normal business hours at the head office of the Authority.

Further information about EPA notices

EPA notices are legislative instruments that are administered by the Authority. They are subject to the Legislation Act 2012 (the Legislation Act) and are classed as disallowable instruments. This means that the notice must be tabled in the House of Representatives and the House of Representatives may, by resolution, disallow the notice. The Regulations Review Committee is the select committee responsible for considering instruments such as this notice under the Legislation Act.

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Part A: General

1. Title

This is the Hazardous Substances (Hazard Classification) Notice 2020.

2. Commencement

This notice comes into force on 30 April 2021.

3. Application

This notice establishes the hazard classification system for hazardous substances for the purposes of—

the Act and any regulations in force under the Act, EPA notices, group standards and approvals made under the Act; and

any enactment or rule of law that relies on the hazard classification system for hazardous substances under the Act or as established under an EPA notice.

4. Definitions

(1) In this notice, unless the context otherwise requires—

Act means the Hazardous Substances and New Organisms Act 1996

approval means an approval for a hazardous substance given under Part 5 of the Act deemed approval means an approval for a hazardous substance or group of hazardous substances deemed to have been given under section 29 of the Act by—

the Hazardous Substances (Fireworks, Safety Ammunition, and Other Explosives Transfer) Regulations 2003; or

a notice issued under section 160A that is in force immediately before the commencement of Schedule 7 of the Act

gas means a substance which—

at 50 °C has a vapour pressure greater than 300 kPa (absolute); or is completely gaseous at 20 °C at a standard pressure of 101.3 kPa

GHS means the Globally Harmonised System of Classification and Labelling of Chemicals, 7^th revised edition, 2017, published by the United Nations

hazard class means the nature of a physical, health or environmental hazard as specified in Schedule 1

hazard grouping means a hazard grouping as specified in Schedule 1 (physical hazards, health hazards or environmental hazards)

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liquid means a substance or mixture which at 50 °C has a vapour pressure of not more than 300 kPa (3 bar), which is not completely gaseous at 20 °C and at a standard pressure of 101.3 kPa, and which has a melting point or initial melting point of 20 °C or less at a standard pressure of 101.3 kPa. A viscous substance or mixture for which a specific melting point cannot be determined shall be subjected to the ASTM D 4359-90 test; or to the test for determining fluidity (penetrometer test) prescribed in section 2.3.4 of Annex A of the European Agreement concerning the International Carriage of Dangerous Goods by Road

mixture means a combination of, or a solution composed of, two or more substances solid means a substance that is neither a liquid nor a gas

UN Model Regulations means the 21^st revised edition of the Recommendations on the Transport of Dangerous Goods Model Regulations, 2019, published by the United Nations

(2) Any term or expression that is defined in the Act and used, but not defined in this notice, has the same meaning as in the Act.

Part B: Substances that are not hazardous substances

5. Minimum degrees of hazard

A substance is not a hazardous substance for the purposes of the Act unless it can be classified in accordance with this notice.

6. Exception relating to medicines

(1) A medicine is not a hazardous substance for the purposes of the Act unless an applicable approval or deemed approval is in force immediately before the commencement of this notice.

(2) Despite subclause (1), a medicine must be treated as a hazardous substance if it can be classified as a hazardous substance under the hazard classification system described in this notice and—

it is a substance to which section 3(1)(b)(i) of the Medicines Act 1981 applies; or an application is made to register that medicine as a trade name product under the Agricultural Compounds and Veterinary Medicines Act 1997.

(3) In this clause, medicine has the same meaning as in section 3(1) of the Medicines Act 1981, except that it does not include a gas contained at a pressure greater than 170 kPa in a container larger than 100 ml, at any time after that gas becomes so contained and before the time the gas is first administered to a person for a therapeutic purpose.

7. Exception relating to food

(1) A food is not a hazardous substance for the purposes of the Act, unless an applicable approval or a deemed approval is in force immediately before the commencement of this notice.

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(2) In this clause—

food has the same meaning as in section 9 of the Food Act 2014, except that it does not include a food additive if that food additive has not been mixed with or added to any other food or drink

food additive means a substance added to food and regulated under an adopted joint food standard as defined in section 397 of the Food Act 2014.

8. Exception relating to psychoactive substances

(1) A psychoactive substance is not a hazardous substance for the purposes of the Act if the substance—

is an approved product; or

is able to be classified as a hazardous substance under the hazard classification system described in this notice by reason only of its psychoactive properties.

approved product has the same meaning as in section 8 of the Psychoactive Substances Act 2013

psychoactive effect has the same meaning as in section 8 of the Psychoactive Substances Act 2013

psychoactive properties, in relation to a substance, means properties that make the

substance capable of inducing a psychoactive effect (by any means) in an individual who uses the substance

psychoactive substance has the same meaning as in section 9 of the Psychoactive Substances Act 2013.

Part C: Hazard classification system

9. Hazard classification system

The hazard classification system is the system described in clauses 10 to 15.

The hazard classification system includes hazard classes, which must be taken to include all specific hazard classifications that fall under the hazard class.

A reference to a hazardous substance having a hazard class or hazard classification means—

in relation to a substance that does not have an approval, that it meets the criteria for that hazard class or hazard classification under this notice; or

in relation to a substance that has an approval, that the EPA has given it a hazard classification in accordance with the criteria set out in this notice.

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For the purpose of identifying a hazardous substance according to its hazard grouping, hazard class or hazard classification, including in any regulations in force under the Act, EPA notice, group standard, approval, other enactment or rule of law, it may be referred to in accordance with Schedule 1.

10. Hazardous substance classifications under GHS

(1) For the purposes of clause 9, the classes and categories of hazardous substances in the GHS, as modified by this notice, are part of the hazard classification system.

(2) A hazardous substance is correctly classified if it is classified in accordance with the GHS as modified by this notice, or in accordance with clause 15.

(3) For the purpose of subclause (2)—

the definitions in the GHS apply;

however, to the extent of any inconsistency with a provision in this notice, the provision of this notice prevails.

(4) Despite subclauses (1) and (2), the following classes or categories in the GHS are not part of the hazard classification system:

acute oral toxicity Category 5:

acute dermal toxicity Category 5:

acute inhalation toxicity Category 5:

skin irritation Category 3:

aspiration hazard Category 2:

hazardous to the aquatic environment acute Categories 2 and 3:

hazardous to the ozone layer.

(5) The GHS category eye irritation Category 2 is part of the hazard classification system, however—

the subcategories 2A and 2B are not adopted;

substances that would fall into those subcategories fall into eye irritation Category 2.

11. Gases under pressure

For the avoidance of doubt, the following GHS classifications apply for the purpose of establishing hazard classifications for gases under pressure under section 74(c) of the Act, whether or not the properties of any gas that is under pressure are intrinsically hazardous:

gases under pressure;

aerosol Category 3.

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12. Compatibility groups for explosives (class 1) form part of the hazard classification system

(1) Compatibility groups for the hazard class explosives (class 1) form part of the hazard classification system.

(2) For the purposes of subclause (1)—

class 1 explosives in the UN Model Regulations equate with the class explosives in the GHS; and

a division within class 1 in the UN Model Regulations equates with the corresponding division in the class explosives in the GHS; and

the compatibility groups relating to a division in the UN Model Regulations apply to the corresponding division within the hazard class explosives (class 1) established under this notice by reference to the GHS.

13. Classification of mixtures

Where a hazardous substance that is classified in accordance with clause 10 is a mixture, the criteria for classifying the mixture are as set out in the GHS, except in so far as the tables in Schedule 2 replace the corresponding tables in the GHS.

14. Multiplying factors for mixture ingredients classified as hazardous to the aquatic environment acute Category 1 or chronic Category 1

For the avoidance of doubt, when using the summation method described in Part 4 of the GHS to classify mixtures containing ingredients that are classified as hazardous to the aquatic environment acute Category 1 or chronic Category 1, multiplying factors must be used in accordance with the provisions of Part 4.1.3.5.5.5 of the GHS.

15. Hazard classifications for agrichemicals that are hazardous to the terrestrial environment

(1) A substance that is hazardous to the terrestrial environment is classified as a hazardous substance only if it is—

an agrichemical; or

an active ingredient used in the manufacture of an agrichemical that is a pesticide or a veterinary medicine.

active ingredient means the ingredient or ingredients in a formulated product that is/are primarily responsible for the biological or other effects that make the product an agrichemical, and is distinct from other ingredients of the formulated product such as adjuvants or additives.

agrichemical means a substance used or intended for use in the direct management of plants and animals, or to be applied to the land, place, or water on or in which the plants and animals are managed, for the purposes of—

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managing or eradicating pests, including vertebrate pests; or

maintaining, promoting, or regulating plant or animal health, productivity, performance or reproduction; or

enhancing the effectiveness of an agrichemical used for the treatment of plants or animals; or

mitigating environmental, sustainability, or climate change impacts; and for the avoidance of doubt:

includes any veterinary medicine, pesticide adjuvant, fertiliser, plant growth regulator, fumigant or domestic pesticide; and

excludes any timber treatment chemical, antisapstain chemical and antifouling paint.

biocidal action, in relation to a substance, means causing mortality, inhibited growth, or inhibited reproduction in an organism

EC50 means the median effect concentration, being a statistically derived concentration of a substance that can be expected to cause—

an adverse effect in 50% of organisms; or

a 50% reduction in growth or in the growth rate of organisms.

hazardous to soil organisms, in relation to a substance, means—

data for the substance indicates that a plant or soil invertebrate EC50 is 100 milligrams or less of the substance per kilogram of dry weight of soil over a 14-day exposure period, as a result of exposure to the substance; or

data for the substance indicates a 25% reduction in microbial respiration or microbial nitrification at 100 milligrams or less of the substance per kilogram of dry weight of soil after a 28-day exposure period, as a result of exposure to the substance

hazardous to terrestrial invertebrates, in relation to a substance, means data for the

substance indicates an acute oral or contact LD50 of 25 micrograms or less of the substance per terrestrial invertebrate, as a result of exposure to the substance

hazardous to terrestrial vertebrates, in relation to a substance, means—

data for the substance indicates an acute avian or mammalian oral or dermal LD50 of 2000 milligrams or less of the substance per kilogram of body weight, as a result of exposure to the substance; or

data for the substance indicates an acute avian or mammalian LC50 of 5000 parts or less of the substance per million in the diet, as a result of exposure to the substance; or data for the substance indicates a chronic avian or mammalian MATC of 100 parts or less of the substance per million in the diet, as a result of exposure to the substance

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hazardous to the aquatic environment, in relation to a substance, means having a hazard classification in the hazard class hazardous to the aquatic environment, in accordance with the GHS as adopted in this notice

hazardous to the terrestrial environment, in relation to a substance, means—

hazardous to soil organisms; or hazardous to terrestrial vertebrates; or hazardous to terrestrial invertebrates; or

designed for biocidal action, except where the substance:

(i) is hazardous to the aquatic environment; or (ii) meets the criteria specified in (a) to (c) above; or

(iii) is designed for biocidal action against an internal organism in humans or in other vertebrates, a virus, a protozoan or a bacterium.

LC50 means the median lethal concentration, being a statistically derived single dose of a substance that can be expected to cause death in 50% of organisms

LD50 means the median lethal dose, being a statistically derived single dose of a substance that can be expected to cause death in 50% of organisms

LOEC means the lowest observed effect concentration, being the lowest concentration of a substance that produces a significant ecotoxic effect in an organism or in an organism population

MATC means the maximum acceptable toxicant concentration, being the geometric mean of the NOEC and LOEC where the NOEC and LOEC are derived from the same study

NOEC means the no observed effect concentration, being the highest concentration of a substance that does not produce a significant ecotoxic effect in an organism or in an organism population

significant ecotoxic effect means an ecotoxicologically significant change in an organism or in an organism population observed during the study where the probability that the change is different from any recognised background history of change or from the value in a recognised unexposed control organism population is greater than 0.95 (equivalent to P (probability) of 0.05 or less)

Part D: Savings provision

16. Correlations in hazard classification system where other laws reference pre-2021 HSNO classifications

(1) If an enactment, rule of law, or a requirement, power or duty imposed or conferred under the authority of any enactment refers to a pre-2021 HSNO class, subclass or classification:

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a reference to an pre-2021 HSNO classification must be treated as a reference to an equivalent classification under this notice as provided in the correlation table in Schedule 3; and

a reference to HSNO classes 1, 2, 3, 4, 5, 6, 8, or 9 or to particular subclasses (for example, 6.1) must be treated as a reference to all equivalent hazard classifications under this notice in that class or subclass as provided in the correlation table in Schedule 3.

(2) An enactment, rule of law, or a requirement, power or duty imposed or conferred under the authority of any enactment that refers to any of the following instruments must, for the purpose of any matter relating to the hazard classification of a hazardous substance, be treated as referring to this notice:

the Hazardous Substances (Classification) Notice 2017 or the Hazardous Substances (Minimum Degrees of Hazard) Notice 2017; or

the Hazardous Substances (Classification) Regulations 2001 or the Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001.

(3) Nothing in this clause purports to limit section 212(3) of the Health and Safety at Work Act 2015.

pre-2021 HSNO classification means the relevant classification in column 1 of the correlation tables in Schedule 3 that applied immediately before the commencement of this clause equivalent classification under this notice, in relation to an pre-2021 HSNO classification, means the relevant classification in column 2 of the correlation tables in Schedule 3.

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Schedule 1: References to hazard classifications

clause 9(4) The purpose of this schedule is to provide a list of the hazard groupings, hazard classes and hazard classifications that make up the hazard classification system set up in this notice. This schedule must be read in accordance with the hazard classification system set up in this notice. For the avoidance of doubt, this schedule is not intended to be a substitute for the hazard classification system.

Physical hazards

Hazard Class Hazard Classification

Explosives (class 1) unstable explosive

1.1 (A, B, C, D, E, F, G, J, L) 1.2 (B, C, D, E, F, G, H, J, K, L) 1.3 (C, F, G, H, J, K, L) 1.4 (B, C, D, E, F, G, S) 1.5 (D)

1.6 (N)

Flammable gases flammable gas Category 1A

flammable gas Category 1A pyrophoric gas

flammable gas Category 1A chemically unstable gas A flammable gas Category 1A chemically unstable gas B

Note: Some flammable gases Category 1A may be additionally classified as pyrophoric and/or chemically unstable.

flammable gas Category 1B flammable gas Category 2

Aerosols aerosol Category 1

aerosol Category 2 aerosol Category 3

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Oxidising gases oxidising gases Category 1 Gases under pressure compressed gas

liquefied gas

refrigerated liquefied gas dissolved gas

Flammable liquids flammable liquids Category 1 flammable liquids Category 2 flammable liquids Category 3 flammable liquids Category 4 Flammable solids flammable solids Category 1

flammable solids Category 2 Self-reactive

substances and mixtures

self-reactive substances and mixtures Type A self-reactive substances and mixtures Type B self-reactive substances and mixtures Type C self-reactive substances and mixtures Type D self-reactive substances and mixtures Type E self-reactive substances and mixtures Type F self-reactive substances and mixtures Type G Pyrophoric liquids pyrophoric liquids Category 1

Pyrophoric solids pyrophoric solids Category 1 Self-heating substances

and mixtures

self-heating substances and mixtures Category 1 self-heating substances and mixtures Category 2

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Substances and mixtures which, in contact with water, emit flammable gases

substances and mixtures which, in contact with water, emit flammable gases Category 1

Oxidising liquids oxidising liquids Category 1 oxidising liquids Category 2 oxidising liquids Category 3 Oxidising solids oxidising solids Category 1

oxidising solids Category 2 oxidising solids Category 3 Organic peroxides organic peroxide Type A

organic peroxide Type B organic peroxide Type C organic peroxide Type D organic peroxide Type E organic peroxide Type F organic peroxide Type G Corrosive to metals corrosive to metals Category 1 Desensitised explosives desensitised explosive Category 1

desensitised explosive Category 2 desensitised explosive Category 3 desensitised explosive Category 4

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Health hazards

Acute toxicity acute oral toxicity Category 1 acute dermal toxicity Category 1 acute inhalation toxicity Category 1 acute oral toxicity Category 2 acute dermal toxicity Category 2 acute inhalation toxicity Category 2 acute oral toxicity Category 3 acute dermal toxicity Category 3 acute inhalation toxicity Category 3 acute oral toxicity Category 4 acute dermal toxicity Category 4 acute inhalation toxicity Category 4

Note: acute toxicity Category 5 has not been adopted

Skin corrosion/irritation skin corrosion Category 1A skin corrosion Category 1B skin corrosion Category 1C skin irritation Category 2

Note: skin irritation Category 3 has not been adopted

Serious eye damage/eye irritation

serious eye damage Category 1 eye irritation Category 2

Note: The subcategories 2A and 2B have not been adopted

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Respiratory or skin sensitisation

respiratory sensitisation Category 1

respiratory sensitisation Sub-category 1A respiratory sensitisation Sub-category 1B skin sensitisation Category 1

skin sensitisation Sub-category 1A skin sensitisation Sub-category 1B Germ cell mutagenicity germ cell mutagenicity Category 1

germ cell mutagenicity Category 2 Carcinogenicity carcinogenicity Category 1

carcinogenicity Category 2 Reproductive toxicity reproductive toxicity Category 1

reproductive toxicity Category 2 effects on or via lactation Specific target organ toxicity

– single exposure

specific target organ toxicity – single exposure Category 1 specific target organ toxicity – single exposure Category 2 specific target organ toxicity – single exposure Category 3 Specific target organ toxicity

– repeated exposure

specific target organ toxicity – repeated exposure Category 1 specific target organ toxicity – repeated exposure Category 2

Aspiration hazard aspiration hazard Category 1

Note: aspiration hazard Category 2 has not been adopted

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Environmental hazards

Hazardous to the aquatic environment

hazardous to the aquatic environment acute Category 1 hazardous to the aquatic environment chronic Category 1 hazardous to the aquatic environment chronic Category 2 hazardous to the aquatic environment chronic Category 3 hazardous to the aquatic environment chronic Category 4

Note: hazardous to the aquatic environment acute Category 2 and acute Category 3 have not been adopted

Hazardous to the terrestrial environment

The EPA has adopted the following non-GHS classifications to classify substances that are hazardous to the terrestrial environment as provided for in clause 15 of this notice.

hazardous to soil organisms hazardous to terrestrial vertebrates hazardous to terrestrial invertebrates designed for biocidal action

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Schedule 2: Replacement of certain GHS tables relating to mixtures

clause 13

The tables in this schedule replace some of the tables in the GHS.

1. The following table sets out the cut-off values/concentration limits of ingredients of a mixture classified as either a respiratory sensitiser or a skin sensitiser that would trigger classification of the mixture.

Table 1: Classification of mixtures containing respiratory or skin sensitisers Ingredient classification Mixture classification

Respiratory sensitiser Category 1 Skin sensitiser Category 1

Solid/liquid Gas All physical states

Respiratory sensitiser Category 1

≥ 0.1% ≥ 0.1%

Respiratory sensitiser Sub-category 1A

≥ 0.1% ≥ 0.1%

Respiratory sensitiser Sub-category 1B

≥ 1.0% ≥ 0.2%

Skin sensitiser Category 1

≥ 0.1%

Skin sensitiser Sub-category 1A

≥ 0.1%

Skin sensitiser Sub-category 1B

≥ 1.0%

Note 1. Table 1 replaces Table 3.4.5 in the GHS

Note 2. Sub-categories 1A and 1B, which form part of Category 1, should only be used where data are sufficient to allow the allocation of sensitisers into these sub-categories in accordance with chapter 3.4 of the GHS

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2. The following table sets out the cut-off values/concentration limits of ingredients of a mixture classified as a carcinogen that would trigger classification of the mixture.

Table 2: Classification of mixtures containing carcinogens Ingredient classification Mixture classification

Category 1 carcinogen Category 2 carcinogen

Category 1 carcinogen ≥ 0.1%

Category 2 carcinogen ≥ 0.1%

Note: Table 2 replaces Table 3.6.1 in the GHS

3. The following table sets out the cut-off values/concentration limits of ingredients of a mixture classified as a reproductive toxicant or for effects on or via lactation that would trigger classification of the mixture.

Table 3: Classification of mixtures containing reproductive toxicants Ingredient classification Mixture classification

Category 1

Reproductive toxicant

Category 2

Reproductive toxicant

Additional category for effects on or via lactation

Category 1

reproductive toxicant

≥ 0.1%

Category 2

reproductive toxicant

≥ 0.1%

Additional category for effects on or via lactation

≥ 0.1%

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4. The following table sets out the cut-off values/concentration limits of ingredients of a mixture classified as a specific target organ toxicant (single exposure) that would trigger classification of the mixture.

Table 4: Classification of mixtures containing specific target organ toxicants (single exposure) Ingredient classification Mixture classification

Category 1 STOT Category 2 STOT

Category 1

specific target organ toxicant

≥ 10% 1.0 ≤ ingredient < 10%

Category 2

≥ 1.0 %

5. The following table sets out the cut-off values/concentration limits of ingredients of a mixture classified as a specific target organ toxicant (repeated exposure) that would trigger classification of a mixture.

Table 5: Classification of mixtures containing specific target organ toxicants (repeated exposure)

Ingredient classification Mixture classification

Category 1 STOT Category 2 STOT

Category 1

≥ 10% 1.0 ≤ ingredient < 10%

Category 2

≥ 1.0%

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Schedule 3: Correlation tables

clause 16

Physical hazards Column 1

Pre-2021 HSNO classification

Column 2

Equivalent classification under this notice

Explosives (class 1)

unstable explosive

1.1 (A, B, C, D, E, F, G, J, L) 1.1 (A, B, C, D, E, F, G, J, L) 1.2 (B, C, D, E, F, G, H, J, K, L) 1.2 (B, C, D, E, F, G, H, J, K, L) 1.3 (C, F, G, H, J, K, L) 1.3 (C, F, G, H, J, K, L) 1.4 (B, C, D, E, F, G, S) 1.4 (B, C, D, E, F, G, S)

1.5D 1.5D

1.6N 1.6N

Flammable gases 2.1.1A

flammable gas Category 1A

flammable gas Category 1A pyrophoric gas flammable gas Category 1A chemically unstable gas A

flammable gas Category 1A chemically unstable gas B

flammable gas Category 1B

Note: Some flammable gases Category 1A may be additionally classified as pyrophoric and/or chemically unstable.

2.1.1B flammable gas Category 2

Aerosols

2.1.2A (flammable aerosol)

aerosol Category 1 aerosol Category 2 aerosol Category 3

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Column 1

Column 2

Gases under pressure

compressed gas liquefied gas

refrigerated liquefied gas dissolved gas

Flammable liquids

3.1A flammable liquids Category 1

3.1B flammable liquids Category 2

3.1C flammable liquids Category 3

3.1D flammable liquids Category 4

Desensitised explosives

3.2A (liquid) and 4.1.3A (solid) 3.2B (liquid) and 4.1.3B (solid) 3.2C (liquid) and 4.1.3C (solid)

desensitised explosive Category 1 desensitised explosive Category 2 desensitised explosive Category 3 desensitised explosive Category 4 Flammable solids

4.1.1A flammable solids Category 1

4.1.1B flammable solids Category 2

Self-reactive substances and mixtures

4.1.2A self-reactive substances and mixtures Type A

4.1.2B self-reactive substances and mixtures Type B

4.1.2C self-reactive substances and mixtures Type C

4.1.2D self-reactive substances and mixtures Type D

4.1.2E self-reactive substances and mixtures Type E

4.1.2F self-reactive substances and mixtures Type F

4.1.2G self-reactive substances and mixtures Type G

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Column 1

Column 2

Pyrophoric liquids, pyrophoric solids, self-heating substances and mixtures

4.2A pyrophoric liquids Category 1, or

pyrophoric solids Category 1

4.2B self-heating substances and mixtures Category 1

4.2C self-heating substances and mixtures Category 2

Substances and mixtures which, in contact with water, emit flammable gases

4.3A substances and mixtures which, in contact with water, emit

flammable gases Category 1

4.3B substances and mixtures which, in contact with water, emit

flammable gases Category 2

4.3C substances and mixtures which, in contact with water, emit

flammable gases Category 3 Oxidising substances that are liquids or solids

5.1.1A oxidising liquids Category 1, or

oxidising solids Category 1

5.1.1B oxidising liquids Category 2, or

oxidising solids Category 2

5.1.1C oxidising liquids Category 3, or

oxidising solids Category 3 Oxidising gases

5.1.2A oxidising gases Category 1

Organic peroxides

5.2A organic peroxide Type A

5.2B organic peroxide Type B

5.2C organic peroxide Type C

5.2D organic peroxide Type D

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Column 1

Column 2

5.2E organic peroxide Type E

5.2F organic peroxide Type F

5.2G organic peroxide Type G

Corrosive to metals

8.1A corrosive to metals Category 1

Health hazards Column 1

Column 2

Acute toxicity

6.1A (oral, dermal, inhalation) acute oral toxicity Category 1 acute dermal toxicity Category 1 acute inhalation toxicity Category 1 6.1B (oral, dermal, inhalation) acute oral toxicity Category 2

acute dermal toxicity Category 2 acute inhalation toxicity Category 2 6.1C (oral, dermal, inhalation) acute oral toxicity Category 3

acute dermal toxicity Category 3 acute inhalation toxicity Category 3 6.1D (oral, dermal, inhalation) acute oral toxicity Category 4

acute dermal toxicity Category 4 acute inhalation toxicity Category 4

6.1E (oral, dermal, inhalation) Note: acute toxicity Category 5 has not been adopted

Aspiration hazard

6.1E (aspiration hazard) aspiration hazard Category 1

Note: aspiration hazard Category 2 has not been adopted

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Column 1

Column 2

Respiratory tract irritation

6.1E (respiratory tract irritant) specific target organ toxicity – single exposure Category 3 respiratory tract irritation

Skin corrosion/irritation

8.2A skin corrosion Category 1A

8.2B skin corrosion Category 1B

8.2C skin corrosion Category 1C

6.3A skin irritation Category 2

6.3B Note: skin irritation Category 3 has not been adopted

Serious eye damage/eye irritation

8.3A serious eye damage Category 1

6.4A eye irritation Category 2

Note: The subcategories 2A and 2B have not been adopted.

Respiratory or skin sensitisation

6.5A respiratory sensitisation Category 1

6.5B skin sensitisation Category 1

Germ cell mutagenicity

6.6A germ cell mutagenicity Category 1

6.6B germ cell mutagenicity Category 2

Carcinogenicity

6.7A carcinogenicity Category 1

6.7B carcinogenicity Category 2

Reproductive toxicity

6.8A reproductive toxicity Category 1

6.8B reproductive toxicity Category 2

6.8C (additional category for effects on or via

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Column 1

Column 2

Specific target organ toxicity

6.9A (oral, dermal, inhalation) specific target organ toxicity – single exposure Category 1 specific target organ toxicity – repeated exposure Category 1 6.9B (oral, dermal, inhalation) specific target organ toxicity – single exposure Category 2

specific target organ toxicity – repeated exposure Category 2 6.9B (narcotic effects) specific target organ toxicity – single exposure Category 3

narcotic effects

Environmental hazards Column 1

Column 2

Hazardous to the aquatic environment

9.1A hazardous to the aquatic environment acute Category 1

hazardous to the aquatic environment chronic Category 1

9.1B hazardous to the aquatic environment chronic Category 2

9.1C hazardous to the aquatic environment chronic Category 3

9.1D hazardous to the aquatic environment chronic Category 4

Note: hazardous to the aquatic environment acute Category 2 and acute Category 3 have not been adopted

Hazardous to the terrestrial environment

9.2A, 9.2B, 9.2C, 9.2D hazardous to soil organisms

9.3A, 9.3B, 9.3C hazardous to terrestrial vertebrates

9.4A, 9.4B, 9.4C hazardous to terrestrial invertebrates 9.1D (designed for biocidal action) designed for biocidal action

Hazardous Substances

EPA Notice

Hazardous Substances

(Hazard Classification) Notice 2020

Hazardous Substances and New Organisms Act 1996

Hazardous Substances (Hazard Classification) Notice 2020

Hazardous Substances (Hazard Classification) Notice 2020

Table of contents

Objective of notice

Extent of consultation

Documents incorporated by reference

Further information about EPA notices

Part A: General

1. Title

2. Commencement

3. Application

4. Definitions

Part B: Substances that are not hazardous substances

5. Minimum degrees of hazard

6. Exception relating to medicines

7. Exception relating to food

8. Exception relating to psychoactive substances

Part C: Hazard classification system

9. Hazard classification system

10. Hazardous substance classifications under GHS

11. Gases under pressure

12. Compatibility groups for explosives (class 1) form part of the hazard classification system

13. Classification of mixtures

14. Multiplying factors for mixture ingredients classified as hazardous to the aquatic environment acute Category 1 or chronic Category 1

15. Hazard classifications for agrichemicals that are hazardous to the terrestrial environment

Part D: Savings provision

16. Correlations in hazard classification system where other laws reference pre-2021 HSNO classifications

Schedule 1: References to hazard classifications

Schedule 2: Replacement of certain GHS tables relating to mixtures

Schedule 3: Correlation tables