I 

111TH CONGRESS 

1ST SESSION H. R. 615 

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 

JANUARY 21, 2009 

Mr. ACKERMAN (for himself, Mr. MORAN of Virginia, Mr. ROHRABACHER, Mr. 

CROWLEY, Mr. BROWN of South Carolina, Mr. CASTLE, Mr. COHEN, Mr. 

VAN HOLLEN, Mr. HARE, Mr. FILNER, Mr. SMITH of New Jersey, and 

Mr. MOORE of Kansas) 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. 

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 ‘‘Antifreeze Bittering 

5 Act of 2009’’. 


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1 SEC. 2. ADDITION OF BITTERING AGENT IN ANTIFREEZE 

2 REQUIRED. 

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

4 1261 et seq.) is amended by adding after section 24 (15 

5 U.S.C. 1278) the following new section: 

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

7 REQUIRED. 

8 ‘‘(a) IN GENERAL.—Any engine coolant or antifreeze 

9 that is manufactured after the date that is 6 months after 

10 the date of enactment of this section, and that contains 

11 more than 10 percent ethylene glycol, shall include 

12 denatonium benzoate at a minimum of 30 parts per mil13 lion and a maximum of 50 parts per million as a bittering 

14 agent within the product so as to render it unpalatable. 

15 Any engine coolant or antifreeze that is subject to this 

16 subsection and is not in compliance with this subsection 

17 shall be deemed a ‘banned hazardous substance’ within the 

18 meaning of section 2(q) (15 U.S.C. 1261(q)), and shall 

19 be subject to the penalties provided for in section 5 (15 

20 U.S.C. 1264). 

21 ‘‘(b) RECORD KEEPING.—A manufacturer of a prod22 uct subject to this section shall maintain a record of the 

23 trade name, scientific name, and active ingredients of any 

24 bittering agent used pursuant to this section. Such infor25 mation shall be available to the public upon request. 


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1 ‘‘(c) LIMITATION ON LIABILITY.—(1) Subject to 

2 paragraph (2), a manufacturer, processor, distributor, re3 cycler, or seller of an engine coolant or antifreeze that is 

4 required to contain an aversive agent under subsection (a) 

5 shall not be liable to any person for any personal injury, 

6 death, property damage, damage to the environment (in7 cluding natural resources), or economic loss that results 

8 from the inclusion of denatonium benzoate in any engine 

9 coolant or antifreeze, provided that the inclusion of 

10 denatonium benzoate is present in concentrations man11 dated by subsection (a). 

12 ‘‘(2) The limitation on liability provided in this sub13 section does not apply to a particular liability to the extent 

14 that the cause of such liability is unrelated to the inclusion 

15 of denatonium benzoate in any engine coolant or anti16 freeze. 

17 ‘‘(3) Nothing in this subsection shall be construed to 

18 exempt any manufacturer or distributor of denatonium 

19 benzoate from any liability related to denatonium ben20 zoate. 

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

22 of a State shall have any authority either to establish or 

23 continue in effect with respect to retail containers con24 taining less than 55 gallons of engine coolant or antifreeze 

25 any prohibition, limitation, standard or other requirement 


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1 relating to the inclusion of a bittering agent in engine cool2 ant or antifreeze that is in any way different from, or in 

3 addition to, the provisions of this chapter. 

4 ‘‘(e) EXEMPTION.—The requirements of this section 

5 shall not be construed to apply to— 

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

7 engine coolant or antifreeze; or 

8 ‘‘(2) wholesale containers of engine coolant or 

9 antifreeze containing 55 gallons or more of engine 

10 coolant or antifreeze.’’. 

Æ 


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