3.2-3936 - Sale and application of tributyltin compounds.
§ 3.2-3936. Sale and application of tributyltin compounds.
A. Except as otherwise provided in this section, it is unlawful todistribute, possess, sell or offer for sale, apply or offer for use orapplication any marine antifoulant paint containing tributyltin compounds.Authorized personnel of the Department of Game and Inland Fisheries, VirginiaMarine Resources Commission, or the Department may seize any antifoulantpaint held in violation of this article and any seized substances shall beconsidered forfeited.
B. A person may distribute or sell a marine antifoulant paint containingtributyltin with an acceptable release rate to the owner or agent of acommercial boat yard. The owner or agent of a commercial boat yard maypossess, apply, or purchase an antifoulant paint containing tributyltin withan acceptable release rate. Such paint may be applied only within acommercial boat yard and only to vessels that exceed 25 meters (82.02 feet)in length or that have aluminum hulls.
C. A person may distribute, sell or apply a marine antifoulant paintcontaining tributyltin with an acceptable release rate if: (i) the paint isdistributed or sold in a spray can in a quantity of 16 ounces avoirdupoisweight or less; and (ii) is commonly referred to as outboard or lower unitpaint.
(1987, c. 15, § 3.1-249.23; 1989, c. 575, § 3.1-249.60; 2008, c. 860.)