In this article, written by our Lab Manager Livia Fioravanti, she looks at the updates regarding the alternative compliances for some overseas Safety Data Sheets.
EPA SDS Notice allows an alternative compliance for overseas SDS to be compliant in New Zealand. In summary, it says that the overseas SDS made in accordance with the jurisdictions below, can be used in New Zealand
- European Union (EU)
UK SDS, after Brexit, are no longer accepted, unless it clearly follows the EU jurisdiction or any other below - Australia, including any state or territory of Australia
- Canada, including any state or territory of Canada
- United States, including any state
The SDS only needs to be prepared in accordance with the applicable laws of those jurisdictions, not necessarily be from those jurisdictions. Example; a SDS from Kazakhstan that has been prepared to the EU standard is acceptable. Similarly, a New Zealand manufacturer exporting to Australia can prepare the SDS to the Australian standard.
In addition to the information required by the nominated jurisdiction, there is specific New Zealand information that must be added to the SDS (for more information regarding this alternative compliance see here: Safety data sheets (SDS) | EPA).
One means that has been used to add the New Zealand specific information is by way of a cover page. Recently Chemsafety has been advised by EPA that the use of a cover page was acceptable during the transition periods for the various editions of the SDS EPA Notice, but that now that the transition periods have finished this is no longer the case.
EPA now advises that the correct way in accordance with the notice is to have the information incorporated in the SDS in the relevant sections.
What is the information & who is responsible?
It is the responsibility of the importer or manufacturer to prepare a compliant SDS. Suppliers must provide compliant SDS to workplaces.
The required NZ specific information are:
-
Section 1
- Product name that is used on the label as the product is supplied in New Zealand
- Recommended uses and restrictions on supply (such as substances restricted to workplace use only)
- Contact information for the NZ manufacturer or importer
(unless imported directly only for use in your own workplace) - 24-hour freephone emergency number (for specific hazard classes)
- Freephone emergency contact number & hours of availability (for other hazard classes)
-
Section 2(b)(ii)
- Hazard and precautionary information related to aquatic and terrestrial environmental hazards (as is required by the Labelling Notice)
- Any GHS signal words, & statements for flammable liquids category 4 (EU has not adopted this category)
-
Section 15(a) & (b)
- HSNO Approval Number and if applicable the group standard title
This information can sometimes be complex to determine – whether the substance fits the scope of the closest relevant approval, or if there are differences in classification based on the NZ EPA data. - Reference to any applicable tolerable exposure limit (TEL) or environmental exposure limit (EEL).
We also recommend adding NZ Workplace Exposure Standards (WES) to Section 8
- HSNO Approval Number and if applicable the group standard title
This can be achieved by editing the overseas SDS to add the information in the correct section or rewriting the SDS. You may also be able to ask the international supplier to add the information, but it is not their responsibility to do so.