Current with changes from the 2024 Legislative Session
Section 5-902 - Distribution, possession, sale, application, etc., of antifouling paint containing tributyltin compound(a)(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)(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) 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.