Engine Coolant and Antifreeze Bittering Agent Act of 2005

Engine Coolant and Antifreeze Bittering Agent Act of 2005 - Amends the Federal Hazardous Substances Act to require the Consumer Product Safety Commission (CPSC) to: (1) commence an evaluation to determine whether there is evidence that the use of the bittering agent denatonium benzoate in engine coolant or antifreeze has an unreasonable adverse effect on the environment; and (2) publish its findings in the Federal Register.

Requires engine coolant or antifreeze that is manufactured 180 days or more after publication of the Commission's findings and that contains more than 10% ethylene glycol to include a specified concentration of denatonium benzoate to render the coolant or antifreeze unpalatable unless the Commission finds evidence that denatonium benzoate has an unreasonable adverse effect on the environment. Allows the Commission to permit use of an alternative bittering additive in lieu of denatonium benzoate if the Commission finds that it is as effective as denatonium benzoate and there is no evidence of an unreasonable adverse environmental effect.

Defines the term "unreasonable adverse effect on the environment" to mean an unreasonable risk to human health or the environment, taking into account the economic, social, and environmental costs and benefits.

Deems any engine coolant or antifreeze that is not in compliance with this Act to be a banned hazardous substance.

Requires a coolant or antifreeze manufacturer to maintain records of active ingredients of bittering agents.

Limits the liability of manufacturers, processors, distributors, recyclers, or sellers of engine coolant or antifreeze related to the inclusion of denatonium benzoate in compliance with this Act. Declares that the Act does not exempt manufactures or distributors of denatonium benzoate or an alternative bittering additive from liability related to such additive.

Preempts state or local laws that impose different requirements relating to the inclusion of a bittering agent in engine coolant or antifreeze. Declares this Act inapplicable to: (1) the sale of a motor vehicle that contains engine coolant or antifreeze; or (2) wholesale containers of 55 gallons or more of engine coolant or antifreeze.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1110 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1110

To amend the Federal Hazardous Substances Act to require engine coolant 
  and antifreeze to contain a bittering agent in order to render the 
                   coolant or antifreeze unpalatable.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2005

  Mr. Allen (for himself, Mr. Pryor, and Mr. Santorum) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Hazardous Substances Act to require engine coolant 
  and antifreeze to contain a bittering agent in order to render the 
                   coolant or antifreeze 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 ``Engine Coolant and Antifreeze 
Bittering Agent Act of 2005''.

SEC. 2. ADDITION OF BITTERING AGENT IN ANTIFREEZE.

    The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is 
amended by adding at the end the following:

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

    ``(a) Bittering Agent.--
            ``(1) In general.--Any engine coolant or antifreeze that is 
        manufactured on or after the date that is 180 days after the 
        date of enactment of this section, and that contains more than 
        10 percent ethylene glycol, shall include not less than 30 
        parts per million, and not more than 50 parts per million, 
        denatonium benzoate as a bittering agent in order to render the 
        coolant or antifreeze unpalatable.
            ``(2) Failure to comply.--Any engine coolant or antifreeze 
        described in paragraph (1) that is not in compliance with that 
        paragraph shall be--
                    ``(A) considered to be a banned hazardous 
                substance; and
                    ``(B) subject to section 5.
    ``(b) Recordkeeping.--
            ``(1) In general.--A manufacturer of an engine coolant or 
        antifreeze described in subsection (a)(1) shall maintain a 
        record of the trade name, scientific name, and any active 
        ingredient of a bittering agent used under this section.
            ``(2) Availability to public.--Any record maintained under 
        paragraph (1) shall be made available to the public on receipt 
        by the manufacturer of a request from any person.
    ``(c) Limitation of Liability.--
            ``(1) In general.--Subject to paragraph (2), a 
        manufacturer, processor, distributor, recycler, or seller of an 
        engine coolant or antifreeze described in subsection (a)(1) 
        shall not be liable to a person for any personal injury, death, 
        property damage, damage to the environment (including natural 
        resources), or economic loss that results from the inclusion in 
        the engine coolant or antifreeze of denatonium benzoate in 
        accordance with subsection (a)(1).
            ``(2) Exception.--Paragraph (1) shall not apply in any case 
        in which a cause of liability referred to in that paragraph is 
        unrelated to the inclusion in an engine coolant or antifreeze 
        of denatonium benzoate.
    ``(d) Preemption.--No State or political subdivision of a State 
shall establish or continue to enforce, 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 different from, or in addition to, the requirements 
of this section.
    ``(e) Exemption.--This section does not apply to--
            ``(1) the sale of a motor vehicle that contains engine 
        coolant or antifreeze; or
            ``(2) a wholesale container of engine coolant or antifreeze 
        that contains 55 gallons or more of engine coolant or 
        antifreeze.''.
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