So, what’s the risk – Safety Data Sheets and compliance under New Zealand’s 2017 Notice

This standalone blog is written for PCBUs (businesses) in various sectors, including import, manufacturing, supply, retail, and education.

Its purpose is to clearly explain the legal requirements under the Hazardous Substances (Safety Data Sheets) Notice 2017, including its legal foundation, the specific duties of importers and suppliers (sections 5 & 6), and the current post-transitional obligations in force as of 1 May 2025.

This is not just guidance, it’s a regulatory requirement. Failing to comply could lead to enforcement by the EPA or WorkSafe under the Hazardous Substances and New Organisms Act 1996 (HSNO) and the Health and Safety at Work Act 2015 (HSWA).

So, what does the legislation say?

The Hazardous Substances (Safety Data Sheets) Notice 2017 came into force on 1 December 2017, with subsequent amendments in 2021 and 2022. The EPA consolidated the most recent version on 30 September 2022.

The Notice prescribes the format, content, and supply obligations for Safety Data Sheets (SDSs) used in workplaces where hazardous substances are handled. It is legally binding under HSNO and supports compliance with duties under the HSWA, particularly regarding worker protection, emergency preparedness, and information availability.

It requires that all SDSs:

• Follow the GHS-aligned 16-section format
• Be in plain English
• Be reviewed and reissued at least every five years
• Be supplied in specific circumstances (as detailed below)

The Notice applies to importers, manufacturers, and suppliers of hazardous substances for workplace use, with limited exceptions (e.g. fuels in vehicle systems or dangerous goods in transport).

So, what does it mean to a business?

Section 5 – Duties of Importers and Manufacturers

If you import or manufacture hazardous substances for workplace use or supply, you must:

• Obtain or prepare a compliant SDS before first import or manufacture (or as soon as practicable, but before use or supply)
• Ensure the SDS remains correct and current
• Review and reissue the SDS at least once every 5 years
• Also comply with supplier obligations under section 6 if supplying directly to workplaces

If the hazardous substance has not been imported or manufactured in the past five years, the SDS obligation does not apply until the activity resumes.

Section 6 – Duties of Suppliers

If you are a supplier of hazardous substances to a workplace, you must provide an SDS:

• At first supply of the hazardous substance
• Whenever the SDS has been amended, on the next supply
• Upon request by:
  • A workplace representative
  • Emergency services (e.g. Fire and Emergency NZ)
  • A medical practitioner (e.g. poison treatment)
• SDSs are not required if:
  • SDSs are not required if the product is a consumer item used in quantities and ways consistent with household use; however, this exemption does not apply if the product is supplied in bulk, for commercial use, or for further distribution to workplaces.

If you haven’t supplied the substance in the last five years, any new supply is treated as a first supply, triggering SDS provision obligations.

So, what does this look like in reality?

A retailer selling cleaning products to commercial users must ensure that the SDS for each product is:

• Less than five years old
• Reviewed for changes in classification or composition
• Resupplied if the SDS has been updated since the last order
• Available on request either digitally or in print

An importer bringing in substances from Australia may rely on the Australian SDS — but only if it complies with all New Zealand-specific content requirements (e.g. emergency phone number and GHS signal words). If it doesn’t, they must create a compliant version before supply.

A school science department must hold up-to-date SDSs for all lab chemicals, even if they haven’t ordered new stock in years. Outdated SDSs do not meet legal requirements.

So, what’s the risk?

Legal risk:
SDS breaches are enforceable under HSNO and HSWA. Failure to provide a compliant SDS could result in notices, fines, or prosecution, particularly if it contributes to harm or failure to respond appropriately to an emergency situation.

Risk to workers and students:
Incorrect or outdated SDSs can lead to accidental misuse of chemicals, improper emergency response, or ineffective first aid, especially in sectors like education or retail where general staff may not be trained chemists.

For example, some substances can cause more internal damage if vomiting is induced after accidental ingestion (swallowing or drinking), which contradicts common assumptions about first aid. Up-to-date SDSs provide accurate emergency guidance that may differ significantly from general first-aid training.

Reputational and leadership risk:
A non-compliance finding, particularly in a high-visibility sector such as retail, education, manufacturing, or public health, damages brand trust, supply chain confidence, and professional reputation.

In a retail setting, for example, a single WorkSafe or EPA notice may erode customer confidence and attract media attention. In schools or tertiary institutions, it could prompt parental concerns or scrutiny of funding. For managers and leaders across all sectors, such incidents may also raise personal liability questions, particularly if they involve oversight failures or negligent acts related to hazardous substance controls.

So, what about transitional provisions?

The transitional period ended on 30 April 2025. This means:

• Businesses can no longer rely on pre-2021 approvals, reassessed notices, or group standards under transitional provisions.
• All SDSs must now fully comply with:
  • The Hazardous Substances (Safety Data Sheets) Notice 2017
  • The Hazardous Substances (Hazard Classification) Notice 2020
  • Relevant 2020 group standards
• GHS 7 formatting, local emergency contacts, and complete schedule content requirements now apply without exception.

As of 1 May 2025, there are no valid transitional exemptions remaining under the SDS Notice.

If you’re unsure whether your SDSs are compliant or whether they meet current formatting, content, and accessibility rules, now is the time to act.

We offer independent SDS audits to:

• Check currency and format
• Verify GHS alignment
• Assess supplier compliance
• Confirm correct application of the 2017 Notice and 2020 classification standards

Ensuring your SDSs meet current legal obligations is a prudent and proactive step, especially in today’s zero-exemption environment. Robust documentation is often the first thing WorkSafe or the EPA will request in the event of a hazardous substance incident. If support is needed, we’re available to assist.

Let’s Make a Plan

Hazardous Substances (Safety Data Sheets) Notice 2017 – 2017-au5637- New Zealand Gazette