Sodium fluoroacetate (1080)
- Document symbol
- G/LIC/N/3/NZL/10
- Original language
- English
- Published on
- 08/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
Sodium fluoroacetate is controlled under the Hazardous Substances and New Organisms Act 1996 (HSNO Act) and the Health and Safety at Work Act 2015 (HSW Act). In addition, the Health and Safety at Work (Hazardous Substances) Regulations 2017 regulate the import, handling, storage and use of sodium fluoroacetate. Under these regulations, a person conducting a business or undertaking (PCBU) who wishes to import sodium fluoroacetate must obtain a certificate of importation from WorkSafe New Zealand before the product is imported to and collected in New Zealand. The import certificate must be presented to New Zealand Customs Service along with collection details before the product can be uplifted at the border.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
All hazardous substances must be approved under the Hazardous Substances and New Organisms Act 1996 before they can be manufactured in or imported into New Zealand. The issuing of an import certificate to import sodium fluoroacetate is specified in the Health and Safety at Work (Hazardous Substances) Regulations 2017. Before a PCBU imports sodium fluoroacetate, the PCBU must obtain a certificate from WorkSafe (regulation 13.6 (2)(b)) confirming that the PCBU has complied with the criteria in regulation 13.6(2)(a).
Q3. The system applies to goods originating in and coming from which countries?
The system applies to sodium fluoroacetate originating in and coming from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The requirement for an import certificates are to ensure WorkSafe has knowledge of where sodium fluoroacetate is held in New Zealand, along with a requirement of PCBUs holding stocks of sodium fluoroacetate to report annually their holdings to WorkSafe.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The regulations under which import certificates for sodium fluoroacetate are required are the Health and Safety at Work (Hazardous Substances) Regulations 2017, regulation 13.6. An import certificate is statutorily required. The requirement is specific to sodium fluoroacetate (Chemical Abstracts Service (CAS) registry number 62-74-8 and does not include formulation products containing sodium fluoroacetate. The New Zealand Government (or the executive branch) cannot abolish the system without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
A certificate to import sodium fluoroacetate is required before the substance can be collected in New Zealand and cleared through Customs. The processing of an application and issuing of the certificate typically takes 1-3 business days.
Q7.b. Can a licence be granted immediately on request?
A sodium fluoroacetate import certificate can only be issued after an application for a certificate has been received at WorkSafe, the application is assessed against the criteria in regulation 13.6 (2)(a) of the Health and Safety at Work (Hazardous Substances) Regulations 2017 and a person with statutory authority to issue the certificate has assessed the application. This is not an immediate process.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
An application for an import certificate can be made at any time of the year. There are no limitations as to when an application may be made.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The consideration of an application and the decision to issue an import certificate is administered solely by WorkSafe New Zealand.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
There are no statutory reasons under the Health and Safety at Work (Hazardous Substances) Regulations 2017 to refuse to issue an import certificate if the requirements of regulation 13.6(2)(a) have been met. As there are no statutory reasons to refuse to issue an import certificate there is no provision within the regulations for an applicant to appeal or dispute an application that is refused.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All PCBUs are eligible to apply for an import certificate.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
The applying PCBU must give WorkSafe written notice of:
(i) the name of the overseas supplier of the sodium fluoroacetate; and
(ii) the quantity of sodium fluoroacetate to be collected; and
(iii) the name of the person collecting it from New Zealand Customs.
A copy of the WorkSafe issued application form is available here: http://www.legislation.govt.nz/regulation/public/2017/0131/25.0/DLM7311051.html.
Q11. What documents are required upon actual importation?
The PCBU must provide a copy of the import certificate to the New Zealand Customs Service along with collection details before the sodium fluoroacetate can be uplifted at the border.
Once an import of sodium fluoroacetate has been cleared through Customs, Customs will advise WorkSafe that the substance has been collected.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no licensing or administration fee required to apply for an import certificate.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
There is no payment required.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Not applicable. An import certificate for sodium fluoroacetate does not have an expiry date.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of an import certificate.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Import certificates are specific to a PCBU. They are non-transferable between importers.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
No conditions are attached to an import certificate.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures under the Health and Safety at Work (Hazardous Substances) Regulations 2017 that are required prior to importation of a consignment of sodium fluoroacetate.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable; an import certificate is issued to a New Zealand entity.