A. Except as otherwise provided in this section, it is unlawful to distribute, possess, sell or offer for sale, apply or offer for use or application any marine antifoulant paint containing tributyltin compounds. Authorized personnel of the Department of Wildlife Resources, Virginia Marine Resources Commission, or the Department may seize any antifoulant paint held in violation of this article and any seized substances shall be considered forfeited.
B. A person may distribute or sell a marine antifoulant paint containing tributyltin with an acceptable release rate to the owner or agent of a commercial boat yard. The owner or agent of a commercial boat yard may possess, apply, or purchase an antifoulant paint containing tributyltin with an acceptable release rate. Such paint may be applied only within a commercial boat yard and only to vessels that exceed 25 meters (82.02 feet) in length or that have aluminum hulls.
C. A person may distribute, sell or apply a marine antifoulant paint containing tributyltin with an acceptable release rate if: (i) the paint is distributed or sold in a spray can in a quantity of 16 ounces avoirdupois weight or less; and (ii) is commonly referred to as outboard or lower unit paint.
1987, c. 15, § 3.1-249.23; 1989, c. 575, § 3.1-249.60; 2008, c. 860; 2020, c. 958.
Structure Code of Virginia
Title 3.2 - Agriculture, Animal Care, and Food
Chapter 39 - Pesticide Control
§ 3.2-3904. Powers and duties of the Board
§ 3.2-3906. Board to adopt regulations
§ 3.2-3907. Delegation of authority; exclusive authority to regulate
§ 3.2-3908. Protection of trade secrets and other information
§ 3.2-3909. Reports of pesticide accidents and incidents
§ 3.2-3910. Complaints to Commissioner or the Board
§ 3.2-3911. Damages resulting from pesticide use or application
§ 3.2-3912. Pesticide Control Fund established
§ 3.2-3913. Exclusion of medicinal and toilet preparations
§ 3.2-3914. Registration required
§ 3.2-3915. Products registered under Federal Act
§ 3.2-3916. Products registered as single pesticide
§ 3.2-3917. Change in labeling or formulas without reregistration
§ 3.2-3918. Statement to be filed by registrant
§ 3.2-3919. Each brand or grade to be registered; fees
§ 3.2-3920. Submission of complete formula
§ 3.2-3921. Requirements for registration
§ 3.2-3922. When Commissioner may refuse or cancel registration
§ 3.2-3923. When Board may refuse or cancel registration
§ 3.2-3924. Annual business license required
§ 3.2-3927. Evidence of financial responsibility required of licensed pesticide business
§ 3.2-3928. Licensing of pesticide bulk storage facilities
§ 3.2-3929. Restricted use pesticides prohibited; exceptions; training required
§ 3.2-3930. Application and certification of commercial applicators
§ 3.2-3931. Agencies or persons exempt or partially exempt
§ 3.2-3932. Application and certification of private applicators
§ 3.2-3933. Certificate renewals; late fee for delinquent renewals; reexamination
§ 3.2-3934. Reciprocal agreement
§ 3.2-3936. Sale and application of tributyltin compounds
§ 3.2-3937. Educational programs
§ 3.2-3938. Misbranded pesticides
§ 3.2-3939. Violations generally
§ 3.2-3940. Administrative violations
§ 3.2-3941. Exemptions from penalties
§ 3.2-3942. Right of entry; warrant requirements; procedure
§ 3.2-3943. Civil penalties; procedure
§ 3.2-3944. "Stop-sale or removal" orders; "stop-use" orders; judicial review
§ 3.2-3945. Seizure, condemnation, and sale