NY State Assembly Bill 2009-A7602B

Assembly Bill A7602B

2009-2010 Legislative Session

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 bill text pdf

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 26, 2010	recommitted to commerce, economic development and small business returned to senate repassed assembly
May 03, 2010	restored to third reading amended by restoring to previous print 7602a
Apr 27, 2010	vote reconsidered - restored to third reading returned to assembly recalled from senate
Mar 08, 2010	referred to commerce, economic development and small business delivered to senate passed assembly
Jan 06, 2010	ordered to third reading cal.506 returned to assembly died in senate
Jun 04, 2009	referred to commerce, economic development and small business delivered to senate passed assembly
Jun 03, 2009	ordered to third reading rules cal.67 rules report cal.67 reported
Jun 02, 2009	reported referred to rules
May 19, 2009	print number 7602a
Apr 27, 2010	amended on third reading 7602b
May 19, 2009	amend and recommit to codes
May 12, 2009	reported referred to codes
Apr 16, 2009	referred to economic development

Bill Amendments

Original

A (Active)

2009-A7602 - Details

See Senate Version of this Bill:: S4276
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: General Business Law
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4332, S6246
2013-2014: S3514

2009-A7602 - 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.

2009-A7602 - Bill Text download pdf

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

                                  7602

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 16, 2009
                               ___________

Introduced  by M. of A. MILLMAN -- Multi-Sponsored by -- M. of A. BENJA-
  MIN, BOYLAND, CARROZZA,  CLARK,  DINOWITZ,  GALEF,  GLICK,  GOTTFRIED,
  JOHN,  MAYERSOHN,  McENENY,  PERRY,  PHEFFER,  WRIGHT -- read once and
  referred to the  Committee  on  Economic  Development,  Job  Creation,
  Commerce and Industry

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-i to read as follows:
  S 399-I. ENGINE COOLANT AND ANTIFREEZE. 1. ANY ENGINE COOLANT OR ANTI-
FREEZE  SOLD  IN THIS STATE ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN,
THAT IS MANUFACTURED ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, AND
THAT CONTAINS MORE THAN TEN PERCENT ETHYLENE GLYCOL, SHALL INCLUDE DENA-
TONIUM BENZOATE AT A MINIMUM OF THIRTY PARTS PER MILLION AS A  BITTERING
AGENT  WITHIN THE PRODUCT SO AS TO RENDER IT UNPALATABLE.  ANOTHER AVER-
SIVE AGENT MAY BE USED AS A BITTERING AGENT IF IT MEETS OR  EXCEEDS  THE
DEGREE  OF  AVERSION  IN  TEST SUBJECTS OBTAINED BY UTILIZING THE FORMU-
LATION OF THIRTY 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 MAINTAINED 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.
  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, 2011.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05413-01-9

co-Sponsors

multi-Sponsors

View additional multi-sponsors

2009-A7602A (ACTIVE) - Details

See Senate Version of this Bill:: S4276
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: General Business Law
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4332, S6246
2013-2014: S3514

2009-A7602A (ACTIVE) - Summary

2009-A7602A (ACTIVE) - Bill Text download pdf

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

                                 7602--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 16, 2009
                               ___________

Introduced by M. of A. MILLMAN, TITONE, KOON -- Multi-Sponsored by -- M.
  of  A.  BARRON,  BENJAMIN,  BOYLAND, BRENNAN, CAHILL, CARROZZA, CLARK,
  DINOWITZ, FIELDS,  GALEF,  GLICK,  GOTTFRIED,  JOHN,  MAISEL,  MARKEY,
  MAYERSOHN,  McENENY,  PERRY,  PHEFFER,  REILLY,  RUSSELL,  WEISENBERG,
  WRIGHT -- read once and referred to the Committee on Economic Develop-
  ment, Job Creation, Commerce and Industry -- reported and referred  to
  the  Committee on Codes -- 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-i to read as follows:
  S 399-I. ENGINE COOLANT AND ANTIFREEZE. 1. ANY ENGINE COOLANT OR ANTI-
FREEZE SOLD IN THIS STATE ON OR AFTER JULY FIRST, TWO  THOUSAND  ELEVEN,
THAT IS MANUFACTURED ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, AND
THAT CONTAINS MORE THAN TEN PERCENT ETHYLENE GLYCOL, SHALL INCLUDE DENA-
TONIUM  BENZOATE AT A MINIMUM OF THIRTY PARTS PER MILLION  AND A MAXIMUM
OF FIFTY PARTS PER MILLION AS A BITTERING AGENT WITHIN THE PRODUCT 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05413-02-9

A. 7602--A                          2

  2. THIS SECTION SHALL NOT BE CONSTRUED TO APPLY TO THE SALE OF A MOTOR
VEHICLE THAT CONTAINS ENGINE COOLANT OR ANTIFREEZE.
  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, 2011.

co-Sponsors

multi-Sponsors

View additional multi-sponsors

2009-A7602B - Details

See Senate Version of this Bill:: S4276
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: General Business Law
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4332, S6246
2013-2014: S3514

2009-A7602B - Summary

2009-A7602B - Sponsor Memo

                                BILL NUMBER:A7602B

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-i: Enaine 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 then Oregon which enacted legislation in 1991, since this bill was
first  introduced  in  New  York (2004), seven other states enacted this
bill into law: Arizona, California, Maine, New Mexico, Tennessee, Virgi-
nia and Washington State. Vermont looks to be the 81'  state  that  will
enact this bill before completing their 2009 legislative session.

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 attracts 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  toxici-
ty.  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 RSPCA Animal Poison Control Center estimates that as little as
one teaspoon of antifreeze can be deadly to a cat;  one  to  two  table-
spoons 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, DB (denatonium benzoate) 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  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 Materi-
als 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 poison-
ing 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:  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

2009-A7602B - Bill Text download pdf

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

                                 7602--B
                                                        Cal. No. 506

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 16, 2009
                               ___________

Introduced by M. of A. MILLMAN, TITONE, KOON -- Multi-Sponsored by -- M.
  of  A.  BARRON,  BENJAMIN,  BOYLAND, BRENNAN, CAHILL, CARROZZA, CLARK,
  DINOWITZ, FARRELL, FIELDS, GALEF, GLICK,  GOTTFRIED,  JEFFRIES,  JOHN,
  MAISEL,  MARKEY,  MAYERSOHN, McENENY, PERRY, PHEFFER, REILLY, RUSSELL,
  WEISENBERG, WRIGHT -- read once  and  referred  to  the  Committee  on
  Economic  Development, Job Creation, Commerce and Industry -- reported
  and referred to the Committee on Codes -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- passed by Assembly and delivered to the Senate,  recalled  from
  the  Senate,  vote  reconsidered,  bill  amended,  ordered  reprinted,
  retaining its place on the order of third reading

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-i to read as follows:
  S 399-I. ENGINE COOLANT AND ANTIFREEZE. 1. ANY ENGINE COOLANT OR ANTI-
FREEZE SOLD IN THIS STATE ON OR AFTER JULY FIRST, TWO  THOUSAND  ELEVEN,
THAT IS MANUFACTURED ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, AND
THAT CONTAINS MORE THAN TEN PERCENT ETHYLENE GLYCOL, SHALL INCLUDE DENA-
TONIUM  BENZOATE  AT A MINIMUM OF THIRTY PARTS PER MILLION AND A MAXIMUM
OF FIFTY PARTS PER MILLION AS A BITTERING AGENT WITHIN THE PRODUCT SO AS
TO RENDER IT UNPALATABLE.   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 MAINTAINED
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.

                                                           LBD05413-08-0

A. 7602--B                          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.
  4.  A  MANUFACTURER, PROCESSOR, DISTRIBUTOR, RECYCLER, OR SELLER OF AN
ENGINE COOLANT OR ANTIFREEZE THAT IS REQUIRED  TO  CONTAIN  A  BITTERING
AGENT  UNDER  SUBDIVISION ONE OF THIS SECTION 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 ANTI-
FREEZE, PROVIDED THAT THE INCLUSION OF DENATONIUM BENZOATE IS PRESENT IN
CONCENTRATIONS MANDATED BY SUBDIVISION ONE OF THIS SECTION.  THE LIMITA-
TION  ON  LIABILITY  PROVIDED  IN  THIS  SUBDIVISION 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.
  S 2. This act shall take effect January 1, 2011.

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Assembly Bill A7602B

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Sponsored By

MILLMAN

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

Bill Amendments

2009-A7602 - Details

2009-A7602 - Summary

2009-A7602 - Bill Text download pdf

co-Sponsors

Matthew Titone

David Koon

multi-Sponsors

Inez Barron

Michael Benjamin

William Boyland

James F. Brennan

2009-A7602A (ACTIVE) - Details

2009-A7602A (ACTIVE) - Summary

2009-A7602A (ACTIVE) - Bill Text download pdf

co-Sponsors

Matthew Titone

David Koon

multi-Sponsors

Inez Barron

Michael Benjamin

William Boyland

James F. Brennan

2009-A7602B - Details

2009-A7602B - Summary

2009-A7602B - Sponsor Memo

2009-A7602B - Bill Text download pdf

Comments