HR 4936
110th CONGRESS
2d Session
H. R. 4936
To amend the Federal Hazardous Substances Act to require engine
coolant and antifreeze to contain a bittering agent so as to render it
unpalatable.
IN THE HOUSE OF REPRESENTATIVES
January 15, 2008
Mr. ACKERMAN introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To amend the Federal Hazardous Substances Act to require engine
coolant and antifreeze to contain a bittering agent so as to render it
unpalatable.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Antifreeze Bittering Act of 2007'.
SEC. 2. ADDITION OF BITTERING AGENT IN ANTIFREEZE REQUIRED.
The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended
by adding after section 24 (15 U.S.C. 1278) the following new section:
`SEC. 25. ADDITION OF BITTERING AGENT IN ANTIFREEZE REQUIRED.
`(a) In General- Any engine coolant or antifreeze that is manufactured
after the date that is 6 months after the date of enactment of this section,
and that contains more than 10 percent ethylene glycol, shall include
denatonium benzoate at a minimum of 30 parts per million and a maximum
of 50 parts per million as a bittering agent within the product so as
to render it unpalatable. Any engine coolant or antifreeze that is subject
to this subsection and is not in compliance with this subsection shall
be deemed a `banned hazardous substance' within the meaning of section
2(q) (15 U.S.C. 1261(q)), and shall be subject to the penalties provided
for in section 5 (15 U.S.C. 1264).
`(b) Record Keeping- A manufacturer of a product subject to this section
shall maintain a record of the trade name, scientific name, and active
ingredients of any bittering agent used pursuant to this section. Such
information shall be available to the public upon request.
`(c) Limitation on Liability- (1) Subject to paragraph (2), a manufacturer,
processor, distributor, recycler, or seller of an engine coolant or antifreeze
that is required to contain an aversive agent under subsection (a) shall
not be liable to any person for any personal injury, death, property damage,
damage to the environment (including natural resources), or economic loss
that results from the inclusion of denatonium benzoate in any engine coolant
or antifreeze, provided that the inclusion of denatonium benzoate is present
in concentrations mandated by subsection (a).
`(2) The limitation on liability provided in this subsection does not
apply to a particular liability to the extent that the cause of such liability
is unrelated to the inclusion of denatonium benzoate in any engine coolant
or antifreeze.
`(3) Nothing in this subsection shall be construed to exempt any manufacturer
or distributor of denatonium benzoate from any liability related to denatonium
benzoate.
`(d) Preemption- No State or political subdivision of a State shall have
any authority either to establish or continue in effect with respect to
retail containers containing less than 55 gallons of engine coolant or
antifreeze any prohibition, limitation, standard or other requirement
relating to the inclusion of a bittering agent in engine coolant or antifreeze
that is in any way different from, or in addition to, the provisions of
this chapter.
`(e) Exemption- The requirements of this section shall not be construed
to apply to--
`(1) the sale of a motor vehicle that contains engine coolant or antifreeze;
or
`(2) wholesale containers of engine coolant or antifreeze containing
55 gallons or more of engine coolant or antifreeze.'.
END
