§ 23-25.3-2 - Sale and application of tributyltin compounds.

SECTION 23-25.3-2

   § 23-25.3-2  Sale and application oftributyltin compounds. – (a) Except as otherwise provided in this chapter, a person may not distribute,possess, sell, or offer for sale, apply, or offer for use or application anymarine antifoulant paint containing tributyltin compounds. Authorized personnelof the department of environmental management, department of the attorneygeneral, and state police may seize any antifoulant paint held in violation ofthis chapter and any seized substances shall be considered forfeited.

   (b) A person may distribute or sell a marine antifoulantpaint containing tributyltin with an acceptable release rate to the owner oragent of a commercial boat yard. The owner or agent of a commercial boat yardmay possess and apply, or purchase for application, an antifoulant paintcontaining tributyltin with an acceptable release rate and the paint may beapplied only within a commercial boat yard and only to vessels which exceedsixty-five feet (65') in length or which have aluminum hulls or to vessels lessthan sixty-five feet (65') in length if it is applied only to the outboard orlower drive unit of the vessels.

   (c) A person may distribute, sell, or apply a marineantifoulant paint containing tributyltin having an acceptable release rate ifthe paint is distributed or sold in a spray can in a quantity of sixteen (16)ounces avoirdupois or less and is commonly referred to as outboard or lowerunit paint.