Senate Bill S4276

                                 BILL NUMBER:  S4276A           REVISED 06/08/09

 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 pm of the non-toxic,
aversive additive denatonium benzoate (DB) in order to render it
unpalatable.

 SUMMARY OF PROVISIONS :
The general business law is amended by adding a new section 399-i:
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.

Other than Oregon, which enacted legislation in 1991, seven other
states enacted this bill into law: Arizona, California, Maine, New
Mexico, Tennessee, Virginia and Washington State.
              

Ethylene glycol is a colorless, sweet-tasting and aromatic, 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 the
bitterest substance. 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 prestoneù 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."

Any manufacturer, processor, distributor, recycler or seller of an
engine coolant or antifreeze which contains DB should be held harmless
and not liable to any person for any personal injury, death, property
damage, damage to the environment, or economic loss which may result
from the inclusion of DB to antifreeze. This will not impact their
liability for their product, the engine coolant or antifreeze.

 SIMILAR LEGISLATION :
2005-06: A.1621-A/S.4999-A Passed Assembly
2007-08: A.3638-B/S.4205-B Passed Assembly

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
January 1, 2011