Fla. Admin. Code Ann. R. 5E-2.035 - Organotin Antifouling Paints; Restrictions and Prohibitions

(1) Each application for registration of pesticide products containing organotin labeled for use as an antifouling paint must be accompanied by documentation demonstrating that such products do not exceed the long-term average release rate of 4.0 ug (micrograms)/cm² (square centimeter)/day.

(2) Products exceeding the 4.0 ug/cm²/day rate or for which complete release rate documentation has not been submitted will be denied registration or, in the case of existing registrations, will be subject to registration revocation pursuant to Section 487.041, F.S.

(3) Organotin end-use product registrations which include directions for use as home or commercial paint additives to produce antifouling paints are revoked effective immediately. Registration applications for these products will no longer be accepted.

(4) The use of organotin antifouling paints registered in Florida is prohibited from use on vessels less than 82 feet (25 meters) in deck length unless the vessels are aluminum.

(5) Not later than March 1, 1990, all stocks of organotin antifouling paints in Florida channels of trade must be labeled as restricted use pesticides. Stocks not so labeled will be subject to the penalty provisions contained in Chapter 487, F.S., and must be reclaimed by the registrant in accordance with subsection (8).

(6) Organotin antifouling paints in aerosol cans of 16 ounces avoirdupois weight or less with directions for outboard motor or lower unit use only are exempt from classification and labeling as restricted use pesticides.

(7) As of March 1, 1990, organotin antifouling paints classified as restricted use pesticides may be used only by licensed restricted use pesticide applicators or persons working under the direct supervision of a licensed applicator in accordance with subsection (4). All applicable restrictions and precautions on the product label registered by the Department must be followed. The applicator's certification and license must be in the category "Organotin Antifouling Paint Pest Control".

(8) No existing stocks of organotin antifouling paints for which registration is denied or is subject to revocation for failure to meet the data submission or release rate requirements in subsection (1) may be sold, distributed or used in the State except in accordance with Federal Law. No existing stocks of organotin antifouling paints for which registration is denied or is subject to revocation for failure to meet the labeling requirements in subsection (5) may be sold, distributed or used in the State after March 1, 1990. Existing stocks identified to the registrant after this date must be reclaimed by the registrant who, at its own expense, must provide for the proper removal or disposal of the pesticide in accordance with state and federal laws.

Notes

Fla. Admin. Code Ann. R. 5E-2.035

Rulemaking Authority 487.051(2), 487.154, 570.07(23) FS. Law Implemented 487.171 (1988 Supp.) FS.

New 8-2-89.

New 8-2-89.