PURPOSE: This rule will provide a method of distinguishing between timber products dipped in nonpreservatives and timber products treated according to the Missouri Treated Timber Law. This rule also specifies that a violation is punishable under section 407.110, RSMo 1986, the Missouri Merchandising Practices Act.

1. (1) The sale of wood products to which nonpreservative solutions have been applied, such as used motor oil, diesel fuel and tar solutions, green or brown stains or any other solutions similar in appearance to acceptable wood preservatives, but not recognized as such under 2 CSR 70–40.015(1) of this law, is prohibited. These products may be sold for outside exposure situations, however, if labeled as follows:

NOT TREATED TIMBER—DOES NOT CONFORM TO MISSOURI TREATED TIMBER LAW. OIL SOLUTION APPLIED WILL NOT SIGNIFICANTLY EXTEND USEFUL LIFE OF PRODUCT. TAG REMOVED BY FINAL PURCHASER ONLY.

1. (2) All products as defined by this rule shall be labeled with a tag in accordance to the following requirements:

   1. (A) All products one and one-half inches (1 1/2") or larger in thickness shall have each and every piece labeled with the required tag; 2 CSR 70-40
   2. (B) Tags shall remain attached at each point of sale and may only be removed by the final purchaser;
   3. (C) Each tag shall be placed on a surface of each product so that it is readily visible to the purchaser;
   4. (D) Each tag shall be legible;
   5. (E) Tags shall bear the required information in print of not less than ten (10) point type;
   6. (F) Tags shall be constructed of water resistant material; and
   7. (G) Tags shall have minimum dimensions of one and one-half inches in width by three inches (1 1/2" × 3") in length.
2. (3) An invoice shall accompany each shipment of products as defined by this rule and shall include a copy or facsimile of the required tag.
3. (4) Violation of this rule shall be considered prima facie evidence of violation of the Merchandising Practices Act, chapter 407, RSMo and shall subject the violator to all its enforcement provisions.

AUTHORITY: section 280.050, RSMo 1986.* Original rule filed Dec. 16, 1985, effective May 15, 1986. *Original authority: 280.050, RSMo 1961, amended 1979, 1984, 1993, 1995.