PURPOSE: This regulation establishes guidelines for standards of inspection, sampling and analysis of treated timber products.

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. (1) The standards for inspection procedures shall be in accordance with the American Wood Preservers Association (AWPA) Standard M2-Inspection of Treated Timber Products as published in the 2004 AWPA Book of Standards, as incorporated by reference in this rule. This material may be obtained by contacting the AWPA at PO Box 388, Selma, Alabama 36702-0388.

2. (2) The standards for sampling and quality control procedures shall be in accordance with the published 2004 American Wood Preservers’ Association, as incorporated by reference in this rule, except that—

   1. (A) Any core samples taken during an inspection shall consist of one (1) lot. A lot for inspection at the treating plant will normally be a retort charge. A lot for inspection at plant storage yards or at sales yards where the final purchase has not been made, shall be that material available at the time and place of inspection which contains products from any one (1) treating plant and shall contain only one (1) species and one (1) preservative treatment. Lumber, plywood and posts shall not be mixed in one (1) inspection lot.
   2. (B) The number of core samples taken during inspection of coniferous, softwood species shall be twenty (20) per lot. The samples shall be selected randomly from the lot being inspected;
   3. (C) The number of core samples taken during inspection of deciduous, hardwood species shall be eight (8) per lot. The samples shall be randomly selected from the lot being inspected.
   4. (D) Effective March 30, 2003, all treated timber producers will be required to maintain an eighty percent (80%) compliance rating. Samples will be taken from a minimum of two (2) units or bundles of treated material. No more than three (3) samples from separate lots will be taken during any inspection of an individual treating company’s product. After ten (10) samples (twenty (20) cores per sample for softwood species, eight (8) cores per sample for hardwood species) have been taken from separate lots, compliance rates will be calculated. Every effort will be made to ensure that separate lots are sampled, however, if bundles are not marked with a lot number or if the treater is unsure of the lot number, samples will simply be taken from available material of the same dimensions, treated by the same treater with the same preservative. If a producer has three (3) or more stop sales based on either retention or penetration failures within these ten (10) samples, the producer will be contacted and informed that if an eighty percent (80%) compliance rating is not met after an additional ten (10) samples (twenty (20) cores per sample for softwood species, eight (8) cores per sample for hardwood species) have been taken, the director or his/her representative will hold a hearing to determine if the producer’s license should be suspended or revoked. If it is determined that the producer has not made a good faith effort to gain compliance, the director may suspend or revoke the license of the treated timber producer as provided under section 280.040, RSMo.
3. (3) The standards for methods of analysis for all type preservatives used shall be in accordance with the American Wood Preservers’ Association (AWPA) Standard A-Analysis Methods, as published in the 2004 AWPA 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. 12, 1984, effective Jan. 1, 1985. Amended: Filed Dec. 16, 1985, effective March 13, 1986. Rescinded and readopted: Filed Aug. 6, 2002, effective March 30, 2003. Amended: Filed Aug. 30, 2004, effective March 30, 2005.

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