An Act To Protect Household Pets and Other Small Animals from Poisoning
Maine Legislature, Session 122, LD 0599
Committee: Natural Resources
Sponsors: GLYNN
Amends: 38 MRSA §1611

Legislative Document 
No. 599 
H.P.432 
House of Representatives, February 3, 2005 
An Act To Protect Household Pets and Other Small Animals from 
Poisoning 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative GLYNN of South Portland. 
Prinled on J'el.,-ycletJ paper 
17/~ 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §1611 is enacted to read: 
§1611. Sale of engine coolants and antifreeze 
1. 
Aversive agent required. After October 1, 2005, a person 
may not sell or offer to sell in this State any engine coolant or 
antifreeze 
that 
contains 
more 
than 
10% 
ethylene 
glycol 
or 
propylene glycol unless it includes denatonium benzoate at a 
minimum of 30 parts per million as a bittering agent within the 
product so as to render it unpalatable. 
2. 
Substitute aversive agent authorized. 
Notwithstandi.ng: 
subsection L 
an aversive agent other than denatonium benzoate 
may be used in engine coolant or antifreeze if it meets or 
exceeds the degree of aversion in test subjects obtained by using 
the formulation of 30 parts per million of denatonium benzoate in 
antifreeze. 
3. 
Records of manufacturer and packager. 
Any manufacturer 
or packager of engine coolant or anitfreeze subject to this 
section shall maintain a record of the trade name, scientific 
name and active ingredients of the bittering agent used pursuant 
to 
this 
section. 
Information 
and 
documentation 
maintained 
pursuant to this subsection must be furnished to any member of 
the public upon reguest. 
4. 
Limitation of liability. 
A manufacturer, distributor, 
recycler or seller of any engine coolant or antifreeze that 
contains more than 10°-0 ethylene glycol or propylene glycol that 
li reguired to contain an aversive agent under this section is 
not liable to any person for 
any personal injury, 
death or 
property damage that results from the inclusion of denatonium 
benzoate if the 
denatonium benzoate is 
included in ethylene 
glycol 
or 
propylene 
glycol 
engine 
coolant or 
antifreeze 
in 
concentrations mandated by this section. 
5. 
Misconduct 
negates 
limitation 
of 
liability. 
The 
limitation on liability under subsection 4 does not apply if the 
personal 
injury, 
death 
or 
property 
damage 
described 
under 
subsection 4 results from willful or wanton misconduct by the 
manufacturer, distributor, 
recycler or seller of the ethylene 
glycol or propylene glycol engine coolant or antifreeze. 
6. 
Ex~eptions. 
This section does not apply to any of the 
following: 
A. 
The sale of a motor vehicle that contains engine coolant 
or antifreeze: or 
B. 
Wholesale containers of 55 gallons or more of antifreeze 
or engine coolant. 
SUMMARY 
To reduce the risk of poisoning of household pets and other 
small 
animals, 
this 
bill 
requires 
that 
engine 
coolant 
or 
antifreeze 
that 
contains 
more 
than 
10% 
ethylene 
glycol 
or 
propylene glycol must include an aversive agent that makes it 
taste bitter so that it is rendered unpalatable.