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) Unless otherwise noted, standards for inspection procedures shall be in accordance with the current American Wood Protection Association (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.

   1. (A) When inspection procedures have been altered for products treated to an Evaluation Service Report (ESR) or National Evaluation Report (NER), the wood treater shall provide a summary of the relevant changes to the department with appropriate documentation. The department shall then assess the products based on those changes.

2. (2) Unless otherwise noted, standards for sampling and quality control procedures shall be in accordance with the current American Wood Protection Association (AWPA) Book of Standards, published annually in May, as incorporated by reference in this rule.

   1. (A) Where these sampling and quality control procedures have been altered for products treated to an Evaluation Service Report

3. (ESR) or National Evaluation Report (NER), the wood treater shall provide a summary of the relevant changes to the department with appropriate documentation. The department shall then assess the products based on those changes.

   1. (B) 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. (C) “Regulatory” samples will be collected from a minimum of two (2) units or bundles of treated material, however, “service” samples may be collected from any quantity of material available during the inspection.
   3. (D) Hardwood species treated with pentachlorophenol or creosote covered under 2 CSR 70-40.015(2)(A)–(D) will be analyzed for retention by assay.
   4. (E) 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
4. (2) units or bundles of treated material. After ten (10) samples 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 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.

5. (3) Unless otherwise noted, standards for methods of analysis for wood preservatives shall be in accordance with the current American Wood Protection Association (AWPA) Book of Standards, published annually in May, as incorporated by reference in this rule.

   1. (A) Where these analysis methods have been altered for products treated to an Evaluation Service Report (ESR) or National Evaluation Report (NER), the wood treater shall provide a summary of the relevant changes to the department with appropriate documentation. The department shall then assess the products based on those changes. 2 CSR 70-40

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. Amended: Filed Feb. 6, 2008, effective Sept. 30, 2008. *Original authority: 280.050, RSMo 1961, amended 1979, 1984, 1993, 1995.