II 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Engine Coolant and 

5 Antifreeze Bittering Agent Act of 2005’’. 

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

7 The Federal Hazardous Substances Act (15 U.S.C. 

8 1261 et seq.) is amended by adding at the end the fol9 lowing: 
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•S 1110 IS

1 ‘‘SEC. 25. ADDITION OF BITTERING AGENT IN ANTIFREEZE. 

2 ‘‘(a) BITTERING AGENT.— 

3 ‘‘(1) IN GENERAL.—Any engine coolant or anti4 freeze that is manufactured on or after the date that 

5 is 180 days after the date of enactment of this sec6 tion, and that contains more than 10 percent ethyl7 ene glycol, shall include not less than 30 parts per 

8 million, and not more than 50 parts per million, 

9 denatonium benzoate as a bittering agent in order to 

10 render the coolant or antifreeze unpalatable. 

11 ‘‘(2) FAILURE TO COMPLY.—Any engine coolant 

12 or antifreeze described in paragraph (1) that is not 

13 in compliance with that paragraph shall be— 

14 ‘‘(A) considered to be a banned hazardous 

15 substance; and 

16 ‘‘(B) subject to section 5. 

17 ‘‘(b) RECORDKEEPING.— 

18 ‘‘(1) IN GENERAL.—A manufacturer of an en19 gine coolant or antifreeze described in subsection 

20 (a)(1) shall maintain a record of the trade name, 

21 scientific name, and any active ingredient of a 

22 bittering agent used under this section. 

23 ‘‘(2) AVAILABILITY TO PUBLIC.—Any record 

24 maintained under paragraph (1) shall be made avail25 able to the public on receipt by the manufacturer of 

26 a request from any person. 
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•S 1110 IS

1 ‘‘(c) LIMITATION OF LIABILITY.— 

2 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

3 manufacturer, processor, distributor, recycler, or 

4 seller of an engine coolant or antifreeze described in 

5 subsection (a)(1) shall not be liable to a person for 

6 any personal injury, death, property damage, dam7 age to the environment (including natural re8 sources), or economic loss that results from the in9 clusion in the engine coolant or antifreeze of 

10 denatonium benzoate in accordance with subsection 

11 (a)(1). 

12 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

13 apply in any case in which a cause of liability re14 ferred to in that paragraph is unrelated to the inclu15 sion in an engine coolant or antifreeze of 

16 denatonium benzoate. 

17 ‘‘(d) PREEMPTION.—No State or political subdivision 

18 of a State shall establish or continue to enforce, with re19 spect to retail containers containing less than 55 gallons 

20 of engine coolant or antifreeze, any prohibition, limitation, 

21 standard, or other requirement relating to the inclusion 

22 of a bittering agent in engine coolant or antifreeze that 

23 is different from, or in addition to, the requirements of 

24 this section. 

25 ‘‘(e) EXEMPTION.—This section does not apply to— 
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•S 1110 IS

1 ‘‘(1) the sale of a motor vehicle that contains 

2 engine coolant or antifreeze; or 

3 ‘‘(2) a wholesale container of engine coolant or 

4 antifreeze that contains 55 gallons or more of engine 

5 coolant or antifreeze.’’.

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