California DPR Copper-based Antifouling Paint and Coating Restrictions Now in Effect

The California Department of Pesticide Regulation’s (DPR) new restrictions on copper-based Antifouling Paint and Coating Restrictions have become effective as of July 1, 2018.

Adopted Jan. 1, 2018, Title 3 of the California Code of Regulations (3 CCR section 6190, “Copper-based Antifouling Paints and Coatings”) was amended to provide:

  • DPR will not approve new applications for registration of copper-based antifouling paints or coatings for use in California on recreational vessels where the adjusted daily mean copper release rate exceeds 9.5 micrograms per square centimeter per day.
  • Any copper-based antifouling paint or coating pesticide product that is currently registered for use in California on recreational vessels where the adjusted daily mean copper release rate exceeds 9.5 micrograms per square centimeter per day is subject to cancellation pursuant to Food and Agricultural Code section 12825.

In January 2018, DPR informed all registrants with copper-based antifouling paint and coating pesticide products that exceed the maximum release rate, of their options for compliance and the approaching deadline. According to DPR, over 90 currently registered copper-based antifouling paints and coatings comply with the maximum release rate.

DPR has stated that it is in the process of reviewing all currently registered copper-based antifouling paints and coatings to determine which products are subject to cancellation as of July 1, 2018. Following this review, DPR will initiate proceedings to cancel the registrations of all non-compliant copper-based antifouling paint and coating pesticide products, regardless of whether the registrant has submitted data for DPR’s review.

More information on DPR’s Reevaluation Program is available at https://www.cdpr.ca.gov/docs/registration/reevaluation/reevals.htm.

Contact ACA’s Allen Irish or Raleigh Davis for more information.

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