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Making Engine Coolant and Antifreeze Unpalatable to Animals and Humans

CSPA has worked in tandem with the Humane Society of the United States to develop model legislation for state adoption that requires engine coolant and antifreeze to contain a bittering agent so as to render it unpalatable to animals and humans. In lieu of passage of similar federal legislation that would amend the Federal Hazardous Substances Act (FHSA) and of which CSPA is supportive, the Association has been increasingly active with successful passage of such legislation in several states.

To date, the following states have enacted such laws: Arizona, California, New Mexico, Oregon, Tennessee, Vermont, Virginia and Washington State.

CSPA advocates that any engine coolant or antifreeze that contains more than 10 percent ethylene glycol and is manufactured after a specified date, shall include Denatonium Benzoate (DB) at a minimum of 30 parts per million 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 not in compliance by that date would be deemed a “banned hazardous substance” within the meaning of existing state law.

The model legislation provides necessary liability limitation for the manufacturers of antifreeze who do not produce the bittering agent and would be required to include it in their products. It is a matter of fundamental fairness and equity that this legislation provides limitation of liability for the manufacturers of antifreeze and stipulates that the bittering agent manufacturers maintain liability for their product. Under the liability limitation included in the model bill, antifreeze manufacturers would remain liable for antifreeze.