§ 5-902. Distribution, possession, sale, application, etc., of antifouling paint containing tributyltin compound

   (a) Prohibited activities. --

   (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) Exception. --

   (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) Nonprohibited activities. -- 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.

HISTORY: 1987, ch. 304, § 1; ch. 305, § 1.