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

§ 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. 
 

[1987, ch. 304, § 1; ch. 305, § 1.]