§419-A. Prohibition on the use of tributyltin as an antifouling agent
As used in this section, unless the context otherwise indicates, the following terms
have the following meanings.
A-1. "Acceptable release rate" means a measured release rate equal to or less than 4.0
micrograms per square centimeter per day at steady state conditions determined in
accordance with federal Environmental Protection Agency testing procedures on tributyltin
in antifouling paints under the Federal Insecticide, Fungicide and Rodenticide Act. [1993, c. 15, §1 (AMD); 1993, c. 15, §2 (AFF).]
B. "Antifouling paint" means a compound, coating, paint or treatment applied or used
for the purpose of controlling freshwater or marine fouling organisms on vessels. [1987, c. 769, Pt. B, §8 (AMD).]
C. "Commercial boatyard" means:
(1) A facility that engages for hire in the construction, storage, maintenance, repair
or refurbishing of vessels; or
(2) An independent marine maintenance contractor who engages in any of the activities
listed in subparagraph (1). [1987, c. 474, (NEW).]
D. "Trap dip" means a liquid antifouling agent or preservative with which wooden lobster
traps are treated. [1987, c. 474, (NEW).]
E. "Tributyltin compound" means any organotin compound that has 3 normal butyl groups
attached to a tin atom, with or without an anion, such as chloride, fluoride or oxide. [1987, c. 474, (NEW).]
F. "Vessel" means a watercraft or other conveyance used as a means of transportation
on water, whether self-propelled or otherwise. This definition includes barges and
tugs. [1987, c. 474, (NEW).]
1993, c. 15, §1 (AMD);
1993, c. 15, §2 (AFF)
2.Prohibition on use.
Prohibition on use includes the following.
A. Except as provided in subsection 3, a person may not distribute, possess, sell,
offer for sale, apply or offer for application any antifouling paint or trap dip containing
a tributyltin compound. [1987, c. 474, (NEW).]
B. No person may distribute, possess, sell, offer for sale, apply or offer for application
any substance that contains a tributyltin compound in concentrated form that is labeled
for mixing with paint or solvents to produce an antifouling paint for use on vessels,
wooden lobster traps, fishing gear for marine waters, floats, moorings or piers. [1987, c. 474, (NEW).]
C. The Board of Pesticides Control is the enforcement agency for this section. The
Board of Pesticides Control shall make available a list of paints with acceptable
tributyltin release rates by January 1, 1988. [1989, c. 890, Pt. A, §40 (AFF); 1989, c. 890, Pt. B, §36 (AMD).]
D. This section shall take effect on January 1, 1988. [1987, c. 474, (NEW).]
1989, c. 890, Pt. A, §40 (AFF);
1989, c. 890, Pt. B, §36 (AMD)
Exceptions to the prohibition are as follows.
A. A person may distribute or sell an antifouling paint containing a tributyltin compound
with an acceptable release rate to the owner or agent of a commercial boatyard. The
owner or agent of a commercial boatyard may purchase, possess and apply an antifouling
paint containing tributyltin compounds with an acceptable release rate, if the antifouling
paint is applied only within a commercial boatyard and is applied only to vessels
exceeding 25 meters in length or that have aluminum hulls. [1987, c. 474, (NEW).]
B. This section does not prohibit the sale, application or possession of an antifouling
paint containing a tributyltin compound, if the antifouling paint is in a spray can
of 16 ounces or less, is commonly referred to as an outboard or lower drive unit paint
and has an acceptable release rate. [1987, c. 474, (NEW).]
1987, c. 474, (NEW)
1987, c. 474, (NEW).
1987, c. 769, §B8 (AMD).
1989, c. 763, §§1,2 (AMD).
1989, c. 890, §§A40,B36 (AMD).
1993, c. 15, §1 (AMD).
1993, c. 15, §2 (AFF).
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