An Act To Protect Household Pets and Other Animals from Poisoning
Maine Legislature, Session 123, LD 0758
Committee Amendment CA_A_H399 (House)
Amends: 10 MRSA §2630

COMMITTEE AMENDMENT ,,/J " to H.P. 579, L.D. 758, Bill, "An Act To 
Protect Household Pets and Other Animals from Poisoning" 
Amend the bill by striking out all of section I and inserting the following: 
'Sec. 1. 10 MRSA §2630 is enacted to read: 
§2630. Sale of engine coolants and antifreeze 
1. Aversive agent required. A person may not sell or offer to sell in this State any 
engine coolant or antifreeze that contains more than 10% ethylene 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. Notwithstanding subsection I, 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 antifreeze 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 request. 
4. Limitation of liability. A manufacturer, distributor, recycler or seller of any 
engine coolant or antifreeze that contains more than 10% ethylene glycol and is required 
to contain an aversive agent under this section is not liable to any person for any personal 
injury, death, property damage, damage to the environment or natural resources or 
economic loss that results from the inclusion of denatonium benzoate or a substitute 
aversive agent if the aversive agent is included in ethylene glycol engine coolant or 
antifreeze in concentrations mandated by this section. This subsection does not provide 
immunity to any person for liability to the extent that the cause of the liability is not 
related to the inclusion of an aversive agent. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 579, L.D. 758 
5. Misconduct negates limitation of liability. The limitation of liability under 
subsection 4 does not apply if the personal injury, death. property damage, damage to the 
environment or natural resources or economic loss described under subsection 4 results 
from willful or reckless misconduct by the manufacturer, distributor, recycler or seller of 
the ethylene glycol engine coolant or antifreeze. 
6. Exceptions. This section does not apply to the sale of a motor vehicle that 
contains engine coolant or antifreeze. 
7. Effective date. This section does not take effect until one year after 3 other 
northeastern states in addition to this State have enacted laws that prohibit the sale of 
engine coolant or antifreeze that contains more than 10% ethylene glycol unless it 
contains a bittering agent. For purposes of this section, "northeastern states" means the 6 
New England states plus New York, New Jersey and Pennsylvania. The Commissioner 
of Agriculture, Food and Rural Resources shall notifY the Revisor of Statutes when 3 
other northeastern states in addition to this State have adopted laws that prohibit the sale 
of engine coolant or antifreeze that contains more than 10% ethylene glycol unless it 
contains a bittering agent.' 
SUMMARY 
This amendment reallocates the provisions requiring engine coolants containing more 
than 10% ethylene glycol to contain a bittering agent to the statutes administered by the 
Department of Agriculture, Food and Rural Resources. It removes the requirement in the 
bill that engine coolant or antifreeze containing more than 10% propylene glycol must 
include an aversive agent. It adds a limitation on liability for damage to the environment 
or natural resources or economic loss that results from the inclusion of an aversive agent. 
It delays the effective date until one year after 3 other northeastern states have enacted 
similar legislation. 
FISCAL ;\OTE REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/31/07 
~ae 
LD758 
LR 1974(02) 
An Act To Protect Household Pets and Other Animals from Poisoning 
Fiscal Note for Bill as Amended by Committee Amendment "h " 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
The additional costs associated with administering or enforcing the sale of engine coolant and antifreeze can be 
absorbed by the Department of Agriculture utilizing existing budgeted resources. 
LRI974(02) - Fiscal Note - Page 1 of 1