PURPOSE: This rule establishes standards to be used by anyone selling or offering for sale treated timber products in the state of Missouri.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

1. (1) The preservatives and preservative solution used shall meet the American Wood Preservers’ Association (AWPA) Standard P- Preservative, as published in the 2002 AWPA Book of Standards, as incorporated by reference in this rule.

2. (2) Standards for Treatment of Coniferous, Softwood Species. The requirements for retention and penetration of preservatives used shall not be less than the published 2002 American Wood Preservers’ Association Book of Standards, as incorporated by reference in this rule, except that—

   1. (A) For ponderosa pine, red pine and southern yellow pine, the minimum net retention level of copper naphthenate shall be .055 pounds per cubic foot, copper as metal, for round poles and posts used as structural members. This section shall expire when use category standards are established by AWPA for these products;
   2. (B) Softwoods not listed in the AWPA Use Category Tables as treatable species shall be labeled “Does not conform to AWPA Standards.” Furthermore, products that fall under this classification and are intended for ground contact use shall also include the statement, “Not recommended for structural purposes.”

   3. (C) Softwood peeler core landscape timbers shall be exempted from meeting AWPA standards, if treater puts tags on each individual timber that states the following, “Does not conform to AWPA standards, not recommended for structural purposes.” Companies who fail to label these products with this disclaimer will be regulated based on AWPA standards.

      1. 1. All products as defined by this rule

shall be labeled with a tag in accordance to the following requirements:

1. A. Tags shall remain attached at each

point of sale and may only be removed by the final purchaser;

1. B. Each tag shall be placed on the sur-

face of each product so that it is readily visible to the purchaser;

1. C. Each tag shall be legible;
2. D. Tags shall be constructed of water

resistant material.

1. (3) Standards for Treatment of Deciduous, Hardwood Species. The requirement for retention and penetration of preservatives used shall not be less than the published 2002 American Wood Preservers’ Association Standards, as incorporated by reference in this rule, except that—

   1. (A) The minimum net retention for oilborne pentachlorophenol in the treatment of hardwoods, other than white oak, shall be 0.20 pounds of active ingredient per cubic foot or equal to four (4.0) pounds of five percent (5%) solution. White oak shall be treated to refusal;
   2. (B) The minimum net retention for water borne copper chromated arsenate in the treatment of hardwoods other than white oak shall be 0.264 pounds of active ingredient. White oak shall be treated to refusal;
   3. (C) The minimum net retention for oil borne copper naphthenate in the treatment of hardwoods, other than white oak, shall be 0.033 pounds per cubic foot copper as metal. White oak shall be treated to refusal;

   4. (D) Effective March 30, 2003, all hardwoods, five inches (5") and greater in thickness and treated according to subsections (3) (A)–(C) or up to the levels of the AWPA Use Category Tables, shall be labeled with a tag as follows:

      1. 1. Hardwoods listed in the AWPA man-

ual shall be labeled with a tag stating the per- 2 CSR 70-40

centage of AWPA ground contact or above ground contact retention level guaranteed and a statement of treatment to refusal for white oak. For example, a mixed bundle of white and red oak timbers, five inches (5") in thickness and greater, treated with a five percent (5%) solution of pentachlorophenol to 0.20 pounds of active ingredient per cubic foot, for ground contact, shall be tagged “Treated to 66% of AWPA Ground Contact Standards. White Oak Treated to Refusal.” Furthermore, the same mixed bundle of white and red oak timbers, treated under the same conditions to 0.25 pounds of active ingredient per cubic foot could also be tagged, “Treated to 100% of AWPA Above Ground Contact Standards. White Oak Treated to Refusal”;

1. 2. Hardwoods not listed in the AWPA

Use Category Tables as treatable species shall be labeled “Does not conform to AWPA Standards.” Furthermore, products that fall under this classification and are intended for ground contact use shall also include the statement, “Not recommended for structural purposes.”

1. 3. All products as defined by this rule

shall be labeled with a tag in accordance to the following requirements:

1. A. Tags shall remain attached at each

point of sale and may only be removed by the final purchaser;

1. B. Each tag shall be placed on the sur-

face of each product so that it is readily visible to the purchaser;

1. C. Each tag shall be legible;
2. D. Tags shall be constructed of water

resistant material.

1. (4) Other Treatment Standards. All other standards for treatment of timber or timber products with preservatives not covered by 2 CSR 70-40.015 shall not be less than the published 2002 American Wood Preservers’ Association Book of Standards, as incorporated by reference in this rule.

AUTHORITY: section 280.050, RSMo 2000.* Original rule filed Oct. 10, 1980, effective Feb. 1, 1981. Amended: Filed Sept. 15, 1984, effective Jan. 2, 1985. Amended: Filed Dec. 16, 1985, effective March 13, 1986. Amended: Filed March 14, 1986, effective June 16, 1986. Amended: Filed March 18, 1987, effective April 1, 1988. Amended: Filed Jan. 12, 1990, effective April 16, 1990. Rescinded and readopted: Filed Aug. 6, 2002, effective March 30, 2003.

*Original authority: 280.050, RSMo 1961, amended 1979, 1984, 1993, 1995.