US Laws, Codes, Statutes & Cases

110.  As used in this chapter:
   (a) "Slow-leaching TBT-based marine antifouling paint" means a
TBT-based marine antifouling paint, but not a coating, treatment, or
compound, that releases tributyltin (TBT) at a measured rate equal to
or less than five micrograms per square centimeter per day at steady
state conditions determined under the Environmental Protection
Agency testing procedure,  as outlined in the agency's call-in notice
of July 29, 1986, on tributyltin in antifouling paints under the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.  Sec.
136 et seq.), except that, for purposes of this definition, the
Department of Food and Agriculture may reduce the maximum permitted
release rate of slow-leaching TBT-based marine antifouling paint to
less than five micrograms per square centimeter per day at steady
state conditions upon a finding by the State Water Resources Control
Board, after a noticed public hearing, that the lower release rate is
required to protect the waters of the state from contamination.
   (b) "TBT-based marine antifouling paint or coating" means a paint,
coating, treatment, or compound that contains tributyltin, an
organotin, or a tri-organotin compound applied as a substitute for
tributyltin, and that is intended to control fouling organisms in a
freshwater or marine environment.
   (c) "Vessel" means any watercraft used or capable of being used as
a means of transportation on water.



111.  Except as otherwise provided in this chapter, no person shall
sell or use a TBT-based marine antifouling paint or coating in this
state, and no person shall sell, rent, or lease in the waters of this
state a vessel, fishing gear, or other item intended to be partially
or completely submerged in water, if the vessel, gear, or other item
has been painted or treated with a TBT-based marine antifouling
paint or coating.



112.  Nothing in this chapter requires the removal of any TBT-based
marine antifouling paint or coating from any vessel, fishing gear, or
other item that was so painted or treated before January 1, 1988,
but the vessel, gear, or other item shall not be repainted or
retreated with any TBT-based marine antifouling paint or coating.
   Fish capture nets treated with TBT-based marine antifouling paint
or coating before January 1, 1988, shall not be used in state waters
on or after January 1, 1993.
   Fish culture pens used for rearing fish for human consumption
treated with a TBT-based antifouling paint or coating shall not be
used in state waters on or after January 1, 1989.



113.  Slow-leaching TBT-based marine antifouling paint may be
distributed, sold, and used in this state only if it meets one of the
following criteria:
   (a) It is paint that will be applied only to aluminum vessel hulls
or to commercial or recreational vessels 25 meters or more in
length.
   (b) It is of a type commonly referred to as outboard or lower unit
paint and is distributed or sold in a spray can in a quantity of 16
ounces avoirdupois or less.


114.  Any violation of Section 111 or 112 is a misdemeanor.



115.  This chapter shall become inoperative on the effective date of
regulations adopted by the Department of Food and Agriculture which
regulate TBT-based marine antifouling paints or coatings.