senate Bill S3514A

Provides that any engine coolant or antifreeze that contains more than ten percent ethylene glycol shall only be sold if it contains 30 ppm of denatonium benzoate

download pdf

Sponsor

O'BRIEN

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 05 / Feb / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION
  • 26 / Mar / 2014
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 26 / Mar / 2014
    • PRINT NUMBER 3514A

Summary

Provides that any engine coolant or antifreeze that contains more than ten percent ethylene glycol shall only be sold if it contains at least thirty parts per million and a maximum of fifty parts per million of denatonium benzoate as a bittering agent to render it unpalatable.

do you support this bill?

Bill Details

Versions:
S3514
S3514A
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-j, Gen Bus L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S6246
2009-2010: S4276
2007-2008: S4205B

Sponsor Memo

BILL NUMBER:S3514A

TITLE OF BILL: An act to amend the general business law, in relation
to the sale of engine coolant and antifreeze

PURPOSE OF BILL:

Provides that any engine coolant or antifreeze that contains 10% or
more of ethylene glycol shall only be sold if it contains a minimum of
30 parts per million (ppm) and a maximum of 50 ppm of the non-toxic,
aversive additive denatonium benzoate (DB).

SUMMARY OF PROVISIONS:

The general business law is amended by adding a new section 399-j:
Engine coolant and antifreeze.

JUSTIFICATION:

From coast to coast, people and animals have been harmed, even killed,
both accidentally and intentionally, simply by ingesting a small
amount of antifreeze which contains ethylene glycol.

Since this bill was first introduced in New York (2004) eight other
states enacted this bill into law: Arizona, California, Maine, New
Mexico, Tennessee, Virginia, Washington State and Vermont. Oregon
enacted this legislation in 1991.

Once adamantly opposed to regulations, beginning in 2007, the Consumer
specialty Products Association has called upon Congress to pass this
legislation in order to create a uniform national standard.

Ethylene glycol is a colorless, sweet-tasting, aromatic and extremely
toxic liquid. unfortunately, the sweet smell and taste appeals to
children, pets, wildlife, alcoholics and those with limited mental
capacity. According to the Agency for Toxic Substances and Disease
Registry at the Centers for Disease Control (CDC), ethylene glycol
ingestion is rapidly absorbed by the body and leads to systemic
toxicity. When ethylene glycol breaks down in the body, it forms
chemicals that crystallize and seriously damage kidney functions.
Death may occur within 24 hours. Even the smallest drop of spillage
during the transfer from its container to the vehicle can place
children, adults and pets at risk. The ASPCA Animal poison Control
Center estimates that as little as one teaspoon of antifreeze can be
deadly to a cat; one to two tablespoons can kill a 10-pound dog.

Companion animals and children are not the only ones at risk.
According to the U.S. Fish and wildlife Service, an imperiled
California condor released back into the wild died from ethylene
glycol poisoning. Four cheetahs died of liver failure at Disney's
Animal Kingdom in Orlando, FL and an Alaskan polar bear was
arbitrarily found dead; all had ethylene glycol present in their
systems.

Approved by the FDA in 1963, denatonium benzoate (DB) is known as a
Bittering Agent. By adding as little as thirty parts of DB to one
million parts of ethylene glycol renders the liquid too. bitter to be


tolerated: The prestone Research and Development Lab has reported that
"adding DB to antifreeze and cooling agents does not damage automotive
cooling systems." The Center for the Science and Engineering of
Materials characterized DB as a "harmless additive that, when added to
a potentially harmful household, garden or automotive product, renders
these products unpalatable becoming a powerful deterrent against
poisoning especially in young children." And finally, the Engineering
society for Advancing Mobility Land, Sea, Air and Space International
found that DB "does not present any significant toxicity or
environmental hazards, degrades photo-chemically in water and is
destroyed in water treatment plants."

PRIOR LEGISLATIVE HISTORY:

2003-04: A.10548 Referred to Codes
2005-06: S.4999 Reported to Rules/A.1621A Passed Assembly
2007-08: S.4205 Referred to Consumer Protection/A.3638B Passed
Assembly
2009-10: A.7602A Passed Assembly
2011-12: S.6246 Referred to Consumer Protection/A.4332 Passed Assembly

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

January 1, 2016.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3514--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by  Sens.  O'BRIEN, DILAN, PARKER, SAMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Consumer  Protection  --  recommitted  to  the  Committee  on Consumer
  Protection in accordance with Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the general business law, in relation to the sale of
  engine coolant and antifreeze

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-j to read as follows:
  S 399-J. ENGINE COOLANT AND ANTIFREEZE. 1. ANY ENGINE COOLANT OR ANTI-
FREEZE  SOLD IN THIS STATE ON OR AFTER JULY FIRST, TWO THOUSAND SIXTEEN,
THAT IS MANUFACTURED ON OR AFTER JANUARY FIRST,  TWO  THOUSAND  SIXTEEN,
AND  THAT  CONTAINS MORE THAN TEN PERCENT ETHYLENE GLYCOL, SHALL INCLUDE
DENATONIUM BENZOATE AT A MINIMUM OF THIRTY PARTS  PER  MILLION    AND  A
MAXIMUM OF FIFTY PARTS PER MILLION AS A BITTERING AGENT WITHIN THE PROD-
UCT  SO AS TO RENDER IT UNPALATABLE.  ANOTHER AVERSIVE AGENT MAY BE USED
AS A BITTERING AGENT IF IT MEETS OR EXCEEDS THE DEGREE  OF  AVERSION  IN
TEST  SUBJECTS  OBTAINED  BY  UTILIZING  THE FORMULATION OF A MINIMUM OF
THIRTY PARTS PER MILLION AND A MAXIMUM OF FIFTY  PARTS  PER  MILLION  OF
DENATONIUM BENZOATE IN ENGINE COOLANT OR ANTIFREEZE. ANY MANUFACTURER OR
PACKAGER 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. INFORMATION AND DOCUMENTATION MAIN-
TAINED  PURSUANT TO THIS SECTION SHALL BE FURNISHED TO ANY MEMBER OF THE
PUBLIC UPON REQUEST.
  2. THIS SECTION SHALL NOT BE CONSTRUED TO APPLY TO THE SALE OF A MOTOR
VEHICLE THAT CONTAINS ENGINE COOLANT OR ANTIFREEZE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01915-02-4

S. 3514--A                          2

  3. FOR PURPOSES OF THIS SECTION, THE TERMS "ENGINE COOLANT" AND "ANTI-
FREEZE" SHALL MEAN ANY ENGINE COOLANT OR ANTIFREEZE THAT  CONTAINS  MORE
THAN TEN PERCENT ETHYLENE GLYCOL.
  S 2. This act shall take effect January 1, 2016.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.