Bill Text: MI HB4825 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Trade; hazardous substances; addition of bittering agent to antifreeze; require. Creates new act.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2011-06-29 - Printed Bill Filed 06/29/2011 [HB4825 Detail]

Download: Michigan-2011-HB4825-Introduced.html

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HOUSE BILL No. 4825

 

 

June 28, 2011, Introduced by Reps. Meadows, Dillon and Tlaib and referred to the Committee on Regulatory Reform.

 

     A bill to prohibit the sale of engine coolant in this state

 

that does not contain a bittering agent; to require certain record

 

keeping; and to provide for penalties.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) This act shall be known and may be cited as the

 

"engine coolant bittering agent act".

 

     (2) As used in this act:

 

     (a) "Bittering agent" means an aversive agent that renders

 

engine coolant unpalatable.

 

     (b) "Engine coolant" means a substance that is used in the

 

cooling system of an internal combustion engine to provide

 

protection against freezing, overheating, or corrosion of the

 

cooling system, or is labeled or sold with the implication that it

 

may be used for that purpose.

 

     Sec. 3. On or after January 1, 2012, a person shall not sell

 

engine coolant in this state that is manufactured on or after

 

January 1, 2012, if the engine coolant has all of the following

 

characteristics:

 

     (a) Contains more than 10% ethylene glycol.

 

     (b) Does not contain either of the following:

 

     (i) Denatonium benzoate in a concentration of 30 to 50 parts

 

per million.

 

     (ii) A bittering agent that meets or exceeds the aversion of

 

denatonium benzoate in a concentration of 30 to 50 parts per

 

million.

 

     Sec. 5. A manufacturer or packager shall not sell engine

 

coolant in this state unless the manufacturer or packager retains

 

for a minimum of 3 years, and makes available to the public on

 

request, a record of all of the following concerning the engine

 

coolant:

 

     (a) The trade name.

 

     (b) The scientific name.

 

     (c) The active ingredients of any included bittering agent.

 

     Sec. 7. (1) Subject to subsection (2), a manufacturer,

 

processor, distributor, recycler, or seller of an engine coolant

 

that complies with the requirements of this act is not liable to

 

any person for any of the following that result from inclusion of

 

denatonium benzoate in an engine coolant, if it is present in the

 

concentrations described in section 3:

 

     (a) Personal injury.

 

     (b) Death.

 

     (c) Property damage.

 

     (d) Damage to the environment, including natural resources.

 

     (e) Economic loss.

 

     (2) Subsection (1) does not relieve a person from liability in

 

any of the following circumstances:

 

     (a) The injury is not primarily caused by the inclusion of

 

denatonium benzoate in the engine coolant.

 

     (b) The injury is the result of the manufacturer's,

 

processor's, distributor's, recycler's, or seller's willful or

 

wanton misconduct or gross negligence.

 

     (c) The injury is related to the manufacture or distribution

 

of denatonium benzoate.

 

     Sec. 9. This act does not apply to either of the following:

 

     (a) The sale of a motor vehicle that contains engine coolant.

 

     (b) Wholesale containers of engine coolant containing 55

 

gallons or more of engine coolant.

 

     Sec. 11. The attorney general or any other person may bring a

 

civil action for, and a court may order, 1 or more of the

 

following:

 

     (a) An injunction to enforce this act.

 

     (b) If the action is brought by the attorney general, a civil

 

fine of not more than $500.00 for each day of sale in violation of

 

this act, for deposit into the general fund.

 

     (c) Attorney fees and costs, if the plaintiff prevails.