§ 40-B — Sale and use of tributyltin paint

§ 40-b. Sale and use of tributyltin paint. 1. No person shall sell or\noffer to sell quick release tributyltin antifoulant bottom paints after\nJanuary first, nineteen hundred eighty-eight. For purposes of this\nsection, "quick release" shall mean a release rate of greater than five\nmicrograms of tributyltin per square centimeter per day.\n 2. No person shall apply a quick release tributyltin antifoulant\nbottom paint to any vessel expected to be used in the waters of the\nstate including the marine and coastal district, as defined in section\n13-0103 of the environmental conservation law, after January first,\nnineteen hundred eighty-eight, nor shall any person apply an antifoulant\nbottom paint having a release rate of greater than one microgram or less\nthan five micrograms of tributyltin per square centimeter per day to any\nnon-aluminum part of any vessel less than twenty-five meters in length\nwhich is expected to be used in the waters of the state including the\nmarine and coastal district after January first, nineteen hundred\neighty-eight.\n 3. After January first, nineteen hundred eighty-eight, paint\ncontainers holding antifoulant bottom paint having a release rate of\nmore than one microgram or less than five micrograms of tributyltin per\nsquare centimeter being sold or offered for retail sale shall not exceed\nthirty-two fluid ounces of such paint and shall have affixed to the\ncontainer a label which states the application of such paint is\nrestricted under New York state law to aluminum parts only.\n 4. The department of environmental conservation shall, prior to\nJanuary first, nineteen hundred eighty-eight, develop a list of those\nquick release antifoulant bottom paints which have been banned from use\nin this state under the provisions of this section as well as a list of\nthose tributyltin antifoulant bottom paints which have had their sale\nand application restricted under the provisions of this section. The\ndepartment shall make such lists available to any interested party and\nshall make a reasonable effort to transmit such lists to known\nmanufacturers and those places of sale of such paints within the state\nand shall until December thirty-first, nineteen hundred eighty-eight\nprovide such list to any applicant for a license or permit under article\neleven or thirteen of the environmental conservation law.\n 5. Any violation of this section shall be a violation punishable by a\nfine of not less than one hundred nor more than two hundred fifty\ndollars.\n