DECISION
21 October 2016
Summary
Substance Taratek JP
Application code APP202715
Application type To import or manufacture for release any hazardous substance under Section 28 of the Hazardous Substances and New Organisms Act 1996 (“the Act”)
Applicant Zelam Limited
Purpose of the application To manufacture Taratek JP, a timber treatment containing
cyproconazole (300 g/L) and imidacloprid (150 g/L), to control decay and insects in solid and engineered wood products
Date application received 16 June 2016
Consideration date 21 October 2016
Further information was requested of the applicant during the
evaluation and review of the application in accordance with section 58 of the Act and consequently the consideration was postponed in line with section 59 of the Act
Considered by The Chief Executive1 of the Environmental Protection Authority (“the EPA”)
Decision Declined
1 The Chief Executive of the EPA has made the decision on this application under delegated authority in accordance with section 19 of the Act.
Page 2 of 3 Application for approval to import Taratek JP (APP202715)
1. Substance
1.1. Taratek JP is to be manufactured in New Zealand and intended for use as a timber treatment product to control decay and insects in solid and engineered wood products. It is a solvent based formulation containing cyproconazole and imidacloprid (a neonicotinoid), as the active ingredients. Taratek JP is intended to be applied using dipping, spraying or glueline inclusion, including pressure impregnation methods within industrial timber treatment facilities.
1.2. Taratek JP has the same active ingredients as some other substances that are already approved for some uses. However, Taratek JP has two active ingredients at higher concentrations than in other approved substances, and/or higher chronic hazards.
1.3. The applicant provided evidence that these active ingredients are not approved for use as timber treatment in New Zealand and treated timber products will be exported rather than sold domestically.
2. Process and notification
Application receipt
2.1. This application was formally received on 16 June 2016 under section 28 of the Act.
Public notification
2.2. This application was not publicly notified under section 53(2) of the Act because it was unlikely that there would be significant public interest in the application.
Notification to government departments
2.3. In accordance with section 53(4) of the Act, the following government departments were notified of the application on 17 June 2016: WorkSafe New Zealand and the Ministry of Health.
2.4. The EPA received a submission from WorkSafe, which outlined their concerns with one of the solvents that is used in this product (Component C). This component is classified as a reproductive and
developmental toxicant (6.8A), which would introduce another hazard to the product other than the hazards of the active ingredients. A 6.8A is considered to be a significant hazard to the health of workers, a chronic hazard that makes the substance a CMR substance2.
2.5. WorkSafe advised that under the Health and Safety at Work Act manufacturers, importers and suppliers have a duty to not manufacture, import or supply substances that are hazardous where practicable. WorkSafe added that if the 6.8A hazard was not necessary to the product, then they would not be meeting their duties under HSWA.
2.6. The applicant was unable to provide an acceptable justification for having to use this significantly hazardous component, a chemical of high international concern, in Taratek JP. Reformulation with a less hazardous component was suggested to the applicant. The applicant decided to proceed with the application without reformulation.
2 Carcinogenic, Mutagenic or Reproductive and Developmental toxicant
Page 3 of 3 Application for approval to import Taratek JP (APP202715)
Legislative criteria for the application
2.7. The application was considered in accordance with the Act and in particular section 29 of the Act, the Hazardous Substances Regulations and the Hazardous Substances and New Organisms
(Methodology) Order 1998.
Information available for consideration
2.8. The information available for the consideration comprised:
the application form
confidential appendices to the application
EPA staff advice memoranda.
Insufficient information to determine the adverse effects of this substance
2.9. In assessing this application I have reviewed all of the information available to me in my consideration.
2.10. In this assessment, I have identified critical information gaps that compromise my ability to determine the adverse effects of the substance, including:
chemical and toxicological impurities of one of the active ingredients of this substance
potential risks associated with some life cycle stages of this substance (including manufacturing and use).
3. Decision
3.1. Pursuant to section 29 of the Act, I have considered this application for approval under section 28 of the Act and in the context of Part 2 of the Act.
3.2. I have determined that I do not have sufficient information to determine all of the adverse effects of the substance during its life cycle.
3.3. As required by section 7 of the Act and clauses 29 – 32 of the Methodology, in favouring caution in managing adverse effects, including potential adverse effects, where there is scientific and technical uncertainty about those effects, I decline the application and the import or manufacture of Taratek JP under section 29(1)(c) of the Act.
Dr Allan L Freeth Date: 21 October 2016
Chief Executive, EPA
