Section 5-902 - Distribution, possession, sale, application, etc., of antifouling paint containing tributyltin compound.
§ 5-902. Distribution, possession, sale, application, etc., of antifouling paint containing tributyltin compound.
(a) Prohibited activities.-
(1) Except as provided in subsection (b) of this section, a person may not distribute, possess, sell, offer for sale, use, or offer for use any antifouling paint containing a tributyltin compound.
(2) A person may not distribute, possess, sell, offer for sale, use, or offer for use any substance that contains a tributyltin compound in concentrated form and that is labeled for mixing with paint by the user to produce an antifouling paint for use on a vessel.
(b) Exception.-
(1) 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.
(2) The owner or agent of a commercial boatyard may possess and apply or purchase for application an antifouling paint containing tributyltin with an acceptable release rate, if the antifouling paint:
(i) Is applied only within a commercial boatyard; and
(ii) Is applied only to vessels exceeding 25 meters in length or that have aluminum hulls.
(c) Nonprohibited activities.- This section does not prohibit the sale, use, distribution, or possession of an antifouling paint containing a tributyltin compound, if the antifouling paint:
(1) Is in a spray can of 16 ounces or less;
(2) Is commonly referred to as an outboard or lower drive unit paint; and
(3) Has an acceptable release rate.
[1987, ch. 304, § 1; ch. 305, § 1.]