§ 40-b. Sale and use of tributyltin paint. 1. No person shall sell or
offer to sell quick release tributyltin antifoulant bottom paints after
January first, nineteen hundred eighty-eight. For purposes of this
section, "quick release" shall mean a release rate of greater than five
micrograms of tributyltin per square centimeter per day.

2. No person shall apply a quick release tributyltin antifoulant
bottom paint to any vessel expected to be used in the waters of the
state including the marine and coastal district, as defined in section
13-0103 of the environmental conservation law, after January first,
nineteen hundred eighty-eight, nor shall any person apply an antifoulant
bottom paint having a release rate of greater than one microgram or less
than five micrograms of tributyltin per square centimeter per day to any
non-aluminum part of any vessel less than twenty-five meters in length
which is expected to be used in the waters of the state including the
marine and coastal district after January first, nineteen hundred
eighty-eight.

3. After January first, nineteen hundred eighty-eight, paint
containers holding antifoulant bottom paint having a release rate of
more than one microgram or less than five micrograms of tributyltin per
square centimeter being sold or offered for retail sale shall not exceed
thirty-two fluid ounces of such paint and shall have affixed to the
container a label which states the application of such paint is
restricted under New York state law to aluminum parts only.

4. The department of environmental conservation shall, prior to
January first, nineteen hundred eighty-eight, develop a list of those
quick release antifoulant bottom paints which have been banned from use
in this state under the provisions of this section as well as a list of
those tributyltin antifoulant bottom paints which have had their sale
and application restricted under the provisions of this section. The
department shall make such lists available to any interested party and
shall make a reasonable effort to transmit such lists to known
manufacturers and those places of sale of such paints within the state
and shall until December thirty-first, nineteen hundred eighty-eight
provide such list to any applicant for a license or permit under article
eleven or thirteen of the environmental conservation law.

5. Any violation of this section shall be a violation punishable by a
fine of not less than one hundred nor more than two hundred fifty
dollars.