1. (a) Antifouling paints or coatings containing tributyltin shall be sold only for the following purposes:

   1. (1) For application to aluminum vessel hulls;
   2. (2) For application to vessel hulls 82 feet or more in length; or
   3. (3) For application to outboard motors or lower drive units.

2. (b) Prior to sale, the dealer shall secure a copy of the vessel registration to verify the use requirements of (a) (1) or (2). If no vessel registration exists or the paint or coating will be applied to an outboard motor or lower drive unit, the dealer shall secure a sworn statement to verify the use requirements of (a) (1), (2), or (3). The sworn statement shall be made in substantially the following form:

   I, (name of purchaser), declare under penalty of perjury that the antifouling paint or coating containing tributyltin that I am purchasing shall be applied only to an aluminum vessel hull, to a vessel hull 82 feet or more in length, or to an outboard motor or lower drive unit. The serial number of the vessel is (number).

   (Signature of Purchaser)

   (Date)

3. (c) The dealer shall prepare and maintain the following records for all sales of antifouling paints that contain tributyltin:

   1. (1) Name and address of vessel owner;
   2. (2) Name and certificate or license number of the certified commercial applicator and location of vessel where application is to be made;
   3. (3) Date of sale;
   4. (4) Quantity sold; and
   5. (5) A copy of the vessel registration or sworn statement verifying the vessel length, vessel hull composition requirements, or intended use on an outboard motor or lower drive unit and registration number. If no registration number exists, the vessel serial number shall be included.
4. (d) The dealer shall maintain the records specified in (c) in a separate log of sales for two years; and the records shall be readily accessible to the director and the commissioner upon request.

Note: Authority cited: Sections 12111 and 14005, Food and Agricultural Code. Reference: Sections 11501 and 14006, Food and Agricultural Code.

History

1. New section filed 12-31-87 as an emergency; operative 1-1-88 (Register 88, No. 3) A certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-2-88.

2. Certificate of Compliance including amendment and new subsection (b) transmitted to OAL 4-5-88 and filed 5-4-88 (Register 88, No. 19).

3. Amendment of subsections (a)-(a)(3), (b), (c) and (c)(5) and amendment of Note filed 1-5-93; operative 1-5-93 (Register 93, No. 2).