ENGINE COOLANT BITTERING AGENT ACT S.B. 421:
COMMITTEE SUMMARY
Senate Bill 421 (as introduced 6-9-11)
Committee: Economic Development
CONTENT
The bill would create the "Engine Coolant Bittering Agent Act" to do the following:
-- Prohibit the sale of engine coolant containing more than 10% ethylene glycol, if it did not contain denatonium benzoate or a bittering agent in specified concentrations.
-- Require a manufacturer or packager to maintain certain records, and make them publicly available, in order to sell engine coolant in Michigan.
-- Grant limited immunity from liability to certain entities that complied with the Act.
-- Authorize the Attorney General or any person to bring a civil action for an injunction to enforce the proposed Act, and for a civil fine if the Attorney General brought the action.
-- Allocate civil fine revenue to the General Fund.
Sale of Engine Coolant
The bill would prohibit a person from selling engine coolant in Michigan if the coolant contained more than 10% ethylene glycol and did not contain either denatonium benzoate in a concentration of 30 to 50 parts per million, or a bittering agent that met or exceeded the aversion of denatonium benzoate in that concentration.
A manufacturer or packager could not sell engine coolant in Michigan unless it retained a record of the coolant's trade name and scientific name, and the active ingredients of any included bittering agent. The manufacturer or packager would have to keep the record for at least three years, and make it available to the public upon request.
"Engine coolant" would mean a substance that is used in the cooling system of an internal combustion engine to provide protection against freezing, overheating, or corrosion of the cooling system, or that is labeled or sold with the implication that it may be used for that purpose.
"Bittering agent" would mean an aversive agent that renders engine coolant unpalatable.
The proposed Act would not apply to the sale of a motor vehicle that contained engine coolant or to wholesale containers that contained 55 gallons or more of engine coolant.
Liability Protection
A manufacturer, processor, distributor, recycler, or seller of an engine coolant that complied with the proposed Act would not be liable to any person for any of the following that resulted from inclusion of denatonium benzoate in an engine coolant, if it were present in the concentrations described in the Act:
-- Personal injury.
-- Death.
-- Property damage.
-- Damage to the environment, including natural resources.
-- Economic loss.
The Act, however, would not relieve a person from liability in any of the following circumstances:
-- The injury was not primarily caused by the inclusion of denatonium benzoate in the engine coolant.
-- The injury was the result of the manufacturer's, processor's, distributor's, recycler's, or seller's willful or wanton misconduct or gross negligence.
-- The injury was related to the manufacture or distribution of denatonium benzoate.
Civil Action
The Attorney General or any other person could bring a civil action for, and a court could order, one or more of the following:
-- An injunction to enforce the proposed Act.
-- A civil fine of up to $500 for each day of sale in violation of the Act, if the Attorney General brought the action.
-- Attorney fees and costs, if the plaintiff prevailed.
Civil fine revenue in an action brought by the Attorney General would have to be deposited into the General Fund.
Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have a minimal fiscal impact on the State. The Department of Attorney General would incur costs if it were necessary to bring a civil action under the bill. Any civil fine revenue received would be deposited in the General Fund.
Fiscal Analyst: Elizabeth Pratt
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.