House of Representatives

SB1323

antifreeze; aversive or bittering agent

Sponsor: Senator Leff

 

 

SB1323 requires engine coolant and antifreeze to contain an aversive or bittering agent so as to render it unpalatable.

 

History

Antifreeze is a substance added to a solvent to lower its freezing point.  It is typically added to water in the cooling system of an internal-combustion engine so that it can reach temperatures below the freezing point of pure water (32° F) without freezing.  Ethylene glycol, which is toxic to humans and animals, is the primary active ingredient in many engine coolant and antifreeze products sold to consumers.  According to the Agency for Toxic Substances and Disease Registry, ethylene glycol can damage the kidneys, heart, and nervous system of humans.  The Toxic Exposure Surveillance System (TESS) releases an annual report of the data of the American Association of Poison Control Centers (AAPCC) which shows about 5,000 cases of human ethylene glycol exposure each year.  Additionally, the Washington State University College of Veterinary Medicine has found that approximately 10,000 dogs and cats are exposed to antifreeze or engine coolant each year (about five tablespoons of ethylene glycol can kill a medium-sized dog).

 

Animals or children who come into contact with engine coolant or antifreeze because of a car that is leaking or an accidental spill may be prone to consume it because of its sweet taste.  Denatonium benzoate, recognized by the California Institute of Technology’s Center for Science and Engineering of Materials as the bitterest substance known, is added to several consumer products including nail polish, household cleaners, and paints, as an aversive method to deter ingestion.  SB1323 requires manufacturers and packagers of engine coolant and antifreeze to add denatonium benzoate to these products to render them unpalatable.

 

Provisions

·          Requires engine coolant or antifreeze that is manufactured on or after September 1, 2007 and sold in Arizona on or after January 1, 2008 and that contains more than 10% ethylene glycol to contain denatonium benzoate at a concentration between 30 parts per million and 50 parts per million to render it unpalatable.

 

·          Requires the manufacturer or packager of engine coolant or antifreeze to maintain a record of the trade name, scientific name and active ingredients of the aversive or bittering agent and to furnish this information and documentation to a member of the public on request.

 

·          Stipulates the provisions apply to manufacturers, packagers, distributors, recyclers or sellers of engine coolant or antifreeze, and does not apply to persons strictly installing engine coolant or antifreeze for compensation.

 

·          Stipulates that persons in compliance with this section are not liable for personal injury, death, economic loss, or damages caused by the inclusion of denatonium benzoate in engine coolant or antifreeze, provided it is within the specified concentrations.

 

·          Prohibits any political subdivision of this state from changing these requirements, preventing, or limiting inclusion of an aversive or bittering agent in retail containers of less than 55 gallons of engine coolant or antifreeze.

 

·          States that these provisions do not apply to:

1. sale of a motor vehicle that contains engine coolant or antifreeze, or
2. wholesale containers of 55 gallons or more of engine coolant or antifreeze.

 

·          Allows the Department of Weights and Measures to inspect, investigate, analyze and take appropriate actions to enforce the requirements.

 

·          Prescribes a Class 3 misdemeanor (30 days / $500) for any violation of the requirements.

 

 

 

 

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Forty-eighth Legislature

First Regular Session  2          April 25, 2007

 

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