Arsenic-Treated Wood Products (Maine Revised Statutes: Title 38 - Waters and Navigation; Chapter 16-C)

Title 38: WATERS AND NAVIGATION Chapter 16-C: ARSENIC-TREATED WOOD PRODUCTS Table of Contents Section 1681. DEFINITIONS.......................................................................................................... 3 Section 1682. RESTRICTION ON SALE..................................................................................... 3 Section 1683. STATUTE NOT ADMISSIBLE IN EVIDENCE.................................................. 3 | i MRS Title 38, Chapter 16-C: ARSENIC-TREATED WOOD PRODUCTS Text current through November 1, 2018, see disclaimer at end of document. ii | Maine Revised Statutes Title 38: WATERS AND NAVIGATION Chapter 16-C: ARSENIC-TREATED WOOD PRODUCTS §1681. DEFINITIONS As used in this chapter, unless the context otherwise indicates, "arsenic-treated wood" means lumber, timber, piles, poles, posts, plywood, shakes, shingles or other wood or forest products intended for outdoor use that have been pressure treated to reduce decay with a wood preservative containing inorganic arsenic or inorganic arsenic compounds, including, but not limited to, chromated copper arsenate, commonly referred to as "CCA," or similar arsenic-based wood-preserving chemical mixtures. [2003, c. 457, §2 (NEW).] SECTION HISTORY 2003, c. 457, §2 (NEW). §1682. RESTRICTION ON SALE The following restrictions apply to the sale of arsenic-treated wood or wood products for residential uses that are not included as permitted uses in a notice of cancellation order issued by the United States Environmental Protection Agency as published in the Federal Register on April 9, 2003. [2003, c. 457, §2 (NEW).] 1. Purchase of arsenic-treated wood by retail business. Retail businesses that sell wood for residential use may not purchase arsenic-treated wood or wood products for residential uses that are not included as permitted uses in a notice of cancellation order issued by the United States Environmental Protection Agency as published in the Federal Register on April 9, 2003. [ 2003, c. 457, §2 (NEW) .] 2. Sale of arsenic-treated wood. Beginning April 1, 2004, a person may not sell or offer for sale arsenic-treated wood or wood products for residential uses that are not included as permitted uses in a notice of cancellation order issued by the United States Environmental Protection Agency as published in the Federal Register on April 9, 2003. This prohibition does not apply to structures already built containing arsenic-treated wood that are included as part of a residential real estate transaction. [ 2003, c. 457, §2 (NEW) .] SECTION HISTORY 2003, c. 457, §2 (NEW). §1683. STATUTE NOT ADMISSIBLE IN EVIDENCE This chapter may not be admitted in evidence or offered as an exhibit for any purpose in any civil trial against any wholesaler, retailer or installer of arsenic-treated wood. This section does not apply in cases of enforcement actions brought by the State. [2003, c. 457, §2 (NEW).] SECTION HISTORY 2003, c. 457, §2 (NEW). Generated 1.25.2019 §1681. Definitions | 3 MRS Title 38, Chapter 16-C: ARSENIC-TREATED WOOD PRODUCTS The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication: All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects changes made through the Second Special Session of the 128th Maine Legislature and is current through November 1, 2018. The text is subject to change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text. The Office of the Revisor of Statutes also requests that you send us one copy of any statutory publication you may produce. Our goal is not to restrict publishing activity, but to keep track of who is publishing what, to identify any needless duplication and to preserve the State's copyright rights. PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney. 4 | §1683. Statute not admissible in evidence Generated 1.25.2019