N.Y. Navigation Law 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 Environmental Conservation Law § 13-0103 (Marine and coastal district described)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.

Source: Section 40-B — Sale and use of tributyltin paint, https://www.­nysenate.­gov/legislation/laws/NAV/40-B (updated Sep. 22, 2014; accessed Oct. 26, 2024).

40
Equipment 40‑A
Manufacture and sale of outboard motors 40‑B
Sale and use of tributyltin paint 41
Pilot rules 42
Searchlights 42‑A
Tow-chains 43
Lights to be displayed 43‑A
Use of digital billboards 44
Noise levels on pleasure vessels 45
Reckless operation of a vessel 45‑A
Beaching a disabled water craft 45‑AA
Special provisions relating to reckless operation and speed on Canandaigua lake 45‑AAA
Special provisions relating to speed on Irondequoit bay 45‑AAAA
Special provisions relating to reckless operation and speed on Greenwood Lake 45‑AAAA*2
Special provisions relating to speed on Sodus Bay 45‑AAAAA
Special provisions relating to reckless operation and speed on Lake Alice 45‑AAAAAA
Special provisions relating to noise and speed on Lamoka Lake and Waneta Lake 45‑AAAAAA*2
Special provisions relating to reckless operation, noise and speed on the Fulton Chain of Lakes 45‑B
Regulation of beaches 45‑C
Special provisions relating to reckless operation and speed on Conesus lake 45‑CC
Reckless operation and speed on the canal system 45‑D
Special provisions relating to speed at Crooke’s Point in Great Kills Harbor 46
Vessel regulation zone 46‑A
Regulations of vessels 46‑AA
Special provisions relating to speed on lakes in Chautauqua county 46‑AAA
Special provisions relating to reckless operation and speed on certain lakes in Hamilton county 46‑AAAA
Special provisions relating to speed on Cuba lake 46‑B
Special provisions relating to speed on Saratoga lake 47
Leaving the scene of an accident without reporting 47‑A
Accidents 47‑B
Report to the commissioner required upon accident 48
Negligence in use or operation of vessel attributable to owner 49
Operator 49‑A
Operation of a vessel while under the influence of alcohol or drugs 49‑B
Operating a vessel after having consumed alcohol 49‑C
Termination of unsafe operation 49‑D
Application
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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 40-B’s source at nysenate​.gov

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