Mo. Code Regs. Ann. tit. 2, § 70-40.015
Standards for Treated Timber
Effective Sep 30, 2008section 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 Rescinded and readopted: Filed Aug. 6, 2002, effective March 30, 2003. Amended: Filed Aug. 30, 2004, effective March 30, 2005. Amended: Filed Feb. 6, 2008, effective Sept. 30, 2008. *Original authority: 280.050, RSMo 1961, amended 1979, 1984, 1993, 1995Plant Industries
PURPOSE: This rule establishes standards to be used by anyone selling or offering for sale 2 CSR 70-40
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. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(1) Unless otherwise noted, all wood preservatives, preservative solutions, and preservative systems used shall be standardized by the American Wood Protection Association (AWPA) and listed in the current AWPA Book of Standards, published annually in May as incorporated by reference in this rule. This material may be obtained by contacting the AWPA at PO Box 361784, Birmingham, AL 35236-1784, by visiting the Uniform Resource Locator of the AWPA at www.awpa.com, or by contacting the Missouri Department of Agriculture at PO Box 630, Jefferson City, MO 65101. This rule does not incorporate any subsequent amendments or additions.
- (A) Standards for wood preservatives, preservative solutions, or preservative systems established by virtue of an approved, current evaluation report issued by the International Code Council Evaluation Service (ICC-ES) shall constitute an acceptable alternative to AWPA listing. Evaluation Service Reports (ESR) or National Evaluation Reports (NER) are available by visiting the Uniform Resource Locator of the ICC at www.icc-es.org.
(2) Standards for Treatment of Coniferous, Softwood Species. The requirements for retention and penetration of wood preservatives used shall not be less than the current American Wood Protection Association Book of Standards, published annually in May, as incorporated by reference in this rule, except that—
- (A) 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.”
- (B) Softwood peeler core landscape timbers shall be exempted from meeting AWPA standards, if each individual timber possesses a label or end tag that states the following, “Does not conform to AWPA Standards, not recommended for structural purposes.” If these commodities are not labeled with this particular language, AWPA requirements for retention and penetration will be enforced.
- (C) Standards for retention and penetration established by virtue of an approved, current evaluation report issued by the International Code Council Evaluation Service (ICC-ES) shall constitute an acceptable alternative to AWPA listing.
(D) All products as defined by this rule shall be labeled with a tag in accordance to the following requirements:
- 1. Tags shall remain attached at each
point of sale and may only be removed by the final purchaser;
- 2. Each tag shall be placed on the sur-
face of each product so that it is readily visible to the purchaser;
- 3. Each tag shall be legible; and
- 4. Tags shall be constructed of water
resistant material.
(3) Standards for Treatment of Deciduous, Hardwood Species. The requirements for retention and penetration of wood preservatives used shall not be less than the current American Wood Protection Association Book of Standards, published annually in May, as incorporated by reference in this rule, except that—
- (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 (pcf). White oak shall be treated to refusal;
- (B) The minimum net retention for waterborne copper chromated arsenate in the treatment of hardwoods, other than white oak, shall be 0.264 pounds of active ingredient per cubic foot. White oak shall be treated to refusal;
- (C) The minimum net retention for oilborne 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;
- (D) The minimum net retention for waterborne copper azole in the treatment of hardwoods, other than white oak, shall be 0.10 pounds per cubic foot (pcf). White oak shall be treated to refusal;
- (E) All hardwood posts, lumber, and timbers treated under the exemptions listed shall be labeled with a tag indicating the retention level of the product. An example of proper labeling for penta treated hardwoods is the following: “Red oak treated to retention level of 0.20 pcf, white oak treated to refusal.”;
- (F) 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.”;
- (G) Standards for retention and penetration established by virtue of an approved, current evaluation report issued by the International Code Council Evaluation Service (ICC-ES) shall constitute an acceptable alternative to AWPA listing; and
(H) All products as defined by this rule shall be labeled with a tag in accordance to the following requirements:
- 1. Tags shall remain attached at each
point of sale and may only be removed by the final purchaser;
- 2. Each tag shall be placed on the sur-
face of each product so that it is readily visible to the purchaser;
- 3. Each tag shall be legible; and
- 4. Tags shall be constructed of water
resistant material.
(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 current American Wood Protection Association Book of Standards, published annually in May, as incorporated by reference in this rule, except that—
- (A) Other alternative standards for wood preservatives established by virtue of an approved, current evaluation report issued by the International Code Council Evaluation Service (ICC-ES) shall constitute an acceptable alternative to AWPA listing.
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. Amended: Filed Aug. 30, 2004, effective March 30, 2005. Amended: Filed Feb. 6, 2008, effective Sept. 30, 2008. *Original authority: 280.050, RSMo 1961, amended 1979, 1984, 1993, 1995.