[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2567 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2567

To amend the Federal Hazardous Substances Act to require engine coolant 
    and antifreeze to contain a bittering agent so as to render it 
                              unpalatable.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2005

Mr. Ackerman (for himself, Mr. Rohrabacher, Mrs. Wilson of New Mexico, 
 Mr. Upton, Mrs. Bono, and Mr. Tanner) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Hazardous Substances Act to require engine coolant 
    and antifreeze to contain a bittering agent so as to render it 
                              unpalatable.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Antifreeze Bittering Act of 2005''.

SEC. 2. ADDITION OF BITTERING AGENT IN ANTIFREEZE REQUIRED.

    The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is 
amended by adding after section 24 (15 U.S.C. 1278) the following new 
section:

``SEC. 25. ADDITION OF BITTERING AGENT IN ANTIFREEZE REQUIRED.

    ``(a) In General.--Any engine coolant or antifreeze that is 
manufactured after the date that is 6 months after the date of 
enactment of this section, and that contains more than 10 percent 
ethylene glycol, shall include denatonium benzoate at a minimum of 30 
parts per million and a maximum of 50 parts per million as a bittering 
agent within the product so as to render it unpalatable. Any engine 
coolant or antifreeze that is subject to this subsection and is not in 
compliance with this subsection shall be deemed a `banned hazardous 
substance' within the meaning of section 2(q) (15 U.S.C. 1261(q)), and 
shall be subject to the penalties provided for in section 5 (15 U.S.C. 
1264).
    ``(b) Record Keeping.--A manufacturer 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. Such information shall be available to the public upon 
request.
    ``(c) Limitation on Liability.--(1) Subject to paragraph (2), a 
manufacturer, processor, distributor, recycler, or seller of an engine 
coolant or antifreeze that is required to contain an aversive agent 
under subsection (a) 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 antifreeze, provided that 
the inclusion of denatonium benzoate is present in concentrations 
mandated by subsection (a).
    ``(2) The limitation on liability provided in this subsection 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.
    ``(3) Nothing in this subsection shall be construed to exempt any 
manufacturer or distributor of denatonium benzoate from any liability 
related to denatonium benzoate.
    ``(d) Preemption.--No State or political subdivision of a State 
shall have any authority either to establish or continue in effect with 
respect to retail containers containing less than 55 gallons of engine 
coolant or antifreeze any prohibition, limitation, standard or other 
requirement relating to the inclusion of a bittering agent in engine 
coolant or antifreeze that is in any way different from, or in addition 
to, the provisions of this chapter.
    ``(e) Exemption.--The requirements of this section shall not be 
construed to apply to--
            ``(1) the sale of a motor vehicle that contains engine 
        coolant or antifreeze; or
            ``(2) wholesale containers of engine coolant or antifreeze 
        containing 55 gallons or more of engine coolant or 
        antifreeze.''.
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