senate Bill S3862

2011-2012 Legislative Session

Relates to the sale of engine coolant and antifreeze

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to consumer protection
Mar 08, 2011 referred to consumer protection

S3862 - Bill Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง399-j, Gen Bus L

S3862 - Bill Texts

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Relates to the sale of engine coolant and antifreeze; defines terms; provides exemptions.

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BILL NUMBER:S3862

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-j Engine coolant and antifreeze.

JUSTIFICATION:
This legislation seeks to reduce the ingestion of antifreeze and
engine coolant by humans and animals by requiring antifreeze and
engine coolant to include a bittering agent. Ethylene glycol is a
colorless, sweet-tasting, extremely toxic liquid. Unfortunately,
because of its sweet taste, it may appeal to children, pets,
wildlife, 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 small amounts 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 and one to two tablespoons can
kill a 10-pound dog.

Approved by the FDA in 1963, Denatonium Benzoate (DB) is known as the
bitterest substance. Adding as little as thirty parts per million of
DB renders the liquid too bitter to be tolerated. The Prestone
Research and Development Lab has reported that adding DB to
antifreeze and cooling agents, in the amount prescribed by this bill,
does not damage automotive cooling systems. DB is currently used in
many household products, including liquid soap, nail polish remover,
and paint, to prevent ingestion by children and pets. 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. This bill' would greatly reduce
the risk of accidental poisoning by requiring antifreeze and engine
coolant products with specified amounts (greater than 10%) of
ethylene glycol to also include 30 to SO parts per million of
Denatonium Benzoate, a highly effective bittering agent, that would
make the antifreeze or
engine coolant unpalatable. Antifreeze or engine coolants in motor
vehicles at the time of sale, as well as antifreeze or engine coolant
sold in barrels with a capacity of 55 gallons or more are exempt from
this bill.


Pursuant to this legislation, any manufacturer, processor,
distributor, recycler or seller of engine coolant or antifreeze which
contains DB will be held harmless and not liable to any person for
any personal injury, death, property damage, damage to the
environment (including natural resources), or economic loss which may
result from the inclusion of DB in the antifreeze. This will not
impact the antifreeze or engine coolant manufacturer's liability for
their product, the engine coolant or antifreeze.

Fourteen states have enacted similar legislation: Arizona, California,
Illinois, Maine, Massachusetts, New Jersey, New Mexico, Oregon,
Tennessee, Utah, Virginia, Vermont, Washington, and Wisconsin.

SIMILAR LEGISLATION:
2005-06: A.1621-A/S.4999-A Passed Assembly
2007-08: A.3638-B/S.4205-B Passed Assembly
2009-10: S.4276 Referred to Consumer Protection

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect July 1, 2012.

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

                                  3862

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 8, 2011
                               ___________

Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

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 THAT IS MANUFACTURED ON OR AFTER  JULY  FIRST,
TWO  THOUSAND  TWELVE,  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 PRODUCT SO AS TO RENDER IT UNPALATABLE. ANY MANUFACTUR-
ER 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 DOCUMEN-
TATION  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,  NOR  TO  WHOLESALE
CONTAINERS OF ENGINE COOLANT OR ANTIFREEZE CONTAINING FIFTY-FIVE GALLONS
OR MORE OF 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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09971-01-1

S. 3862                             2

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 July 1, 2012.

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