§ 46-17.2-4 - Sale and application of tributyltin compounds.

SECTION 46-17.2-4

   § 46-17.2-4  Sale and application oftributyltin compounds. – (a) Except as provided in this chapter, a person may not distribute, possess,sell, offer for sale, apply, or offer for use or application any marineantifoulant paint containing tributyltin compounds. Authorized personnel of thedepartment of environmental management, department of the attorney general, andstate police may seize any antifoulant paint held in violation of this chapterand 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; however, the paint maybe applied only within a commercial boat yard and only to vessels which exceedsixty-five feet (65') in length or which have aluminum hulls, or to vesselsless than sixty-five feet (65') in length if it is applied only to the outboardor lower 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 ounces(16 oz.) avoirdupois or less, and is commonly referred to as outboard or lowerunit paint.