Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5E - Division of Agricultural Environmental Services › Chapter 5E-2 - PESTICIDES › Section 5E-2.035 - Organotin Antifouling Paints; Restrictions and Prohibitions

Current through Reg. 50, No. 138; July 16, 2024
(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.
Rulemaking Authority 487.051(2), 487.154, 570.07(23) FS.
					 Law Implemented 487.171 (1988 Supp.)
					 FS.
New 8-2-89.