Section 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.