I 
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 Mex-
ico, 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 Representa-
tives 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 mil-
lion 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 prod-
uct 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 infor-
mation shall be available to the public upon request.
‘‘(c) LIMITATION
ON LIABILITY.—(1) Subject to 
paragraph (2), a manufacturer, processor, distributor, re-
cycler, 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 (in-
cluding 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 man-
dated by subsection (a). 
‘‘(2) The limitation on liability provided in this sub-
section 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 anti-
freeze. 
‘‘(3) Nothing in this subsection shall be construed to 
exempt any manufacturer or distributor of denatonium 
benzoate from any liability related to denatonium ben-
zoate. 
‘‘(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 con-
taining 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 cool-
ant 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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