Provides that any engine coolant or antifreeze that contains more than ten percent ethylene glycol shall only be sold if it contains at least thirty parts per million and a maximum of fifty parts per million of denatonium benzoate as a bittering agent to render it unpalatable.
TITLE OF BILL: An act to amend the general business law, in relation to the sale of engine coolant and antifreeze
PURPOSE OF BILL: Provides that any engine coolant or antifreeze that contains 10% or more of ethylene glycol shall only be sold if it contains a minimum of 30 parts per million (ppm) and a maximum of 50 ppm of the non-toxic, aversive additive denatonium benzoate (DB).
SUMMARY OF PROVISIONS: The general business law is amended by adding a new section 399-j: Engine coolant and antifreeze.
JUSTIFICATION: From coast to coast, people and animals have been harmed, even killed, both accidentally and intentionally, simply by ingesting a small amount of antifreeze which contains ethylene glycol.
Since this bill was first introduced in New York (2004) eight other states enacted this bill into law: Arizona, California, Maine, New Mexico, Tennessee, Virginia, Washington State and Vermont. Oregon enacted this legislation in 1991.
Once adamantly opposed to regulations, beginning in 2007, the Consumer specialty Products Association has called upon Congress to pass this legislation in order to create a uniform national standard.
Ethylene glycol is a colorless, sweet-tasting, aromatic and extremely toxic liquid. unfortunately, the sweet smell and taste appeals to children, pets, wildlife, alcoholics and those with limited mental capacity. According to the Agency for Toxic Substances and Disease Registry at. the Centers for Disease Control (CDC), ethylene glycol ingestion is rapidly absorbed by the body and leads to systemic toxicity. When ethylene glycol breaks down in the body, it forms chemicals that crystallize and seriously damage kidney functions. Death may occur within 24 hours. Even the smallest drop of spillage during the transfer from its container to the vehicle can place children, adults and pets at risk. The ASPCA Animal poison Control Center estimates that as little as one teaspoon of antifreeze can be deadly to a cat; one to two tablespoons can kill a 10-pound dog.
Companion animals and children are not the only ones at risk. According to the U.S. Fish and wildlife Service, an imperiled California condor released back into the wild died from ethylene glycol poisoning. Four cheetahs died of liver failure at Disney's Animal Kingdom in Orlando, FL and an Alaskan polar bear was arbitrarily found dead; all had ethylene glycol present in their systems.
Approved by the FDA in 1963, denatonium benzoate (DB) is known as a Bittering Agent. By adding as little as thirty parts of DB to one million parts of ethylene glycol renders the liquid too. bitter to be tolerated: The prestone Research and Development Lab has reported that
"adding DB to antifreeze and cooling agents does not damage automotive cooling systems." The Center for the Science and Engineering of Materials characterized DB as a "harmless additive that, when added to a potentially harmful household, garden or automotive product, renders these products unpalatable becoming a powerful deterrent against poisoning especially in young children." And finally, the Engineering society for Advancing Mobility Land, Sea, Air and Space International found that BB "does not present any significant toxicity or environmental hazards, degrades photo-chemically in water and is destroyed in water treatment plants."
PRIOR LEGISLATIVE HISTORY: 2003-04: A.10548 Referred to Codes 2005-06: S.4999 Reported to Rules/A.1621A Passed Assembly 2007-08: S.4205 Referred to Consumer Protection/A.3638B Passed Assembly 2009-10: A.7602A Passed Assembly 2011-12: S.6246 Referred to Consumer Protection/A.4332 Passed Assembly
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: January 1, 2015
STATE OF NEW YORK ________________________________________________________________________ 3514 2013-2014 Regular Sessions IN SENATE February 5, 2013 ___________Introduced by Sen. O'BRIEN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to the sale of engine coolant and antifreeze THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 399-j to read as follows: S 399-J. ENGINE COOLANT AND ANTIFREEZE. 1. ANY ENGINE COOLANT OR ANTI- FREEZE SOLD IN THIS STATE ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN, THAT IS MANUFACTURED ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, AND THAT CONTAINS MORE THAN TEN PERCENT ETHYLENE GLYCOL, SHALL INCLUDE DENATONIUM BENZOATE AT A MINIMUM OF THIRTY PARTS PER MILLION AND A MAXIMUM OF FIFTY PARTS PER MILLION AS A BITTERING AGENT WITHIN THE PROD- UCT SO AS TO RENDER IT UNPALATABLE. ANOTHER AVERSIVE AGENT MAY BE USED AS A BITTERING AGENT IF IT MEETS OR EXCEEDS THE DEGREE OF AVERSION IN TEST SUBJECTS OBTAINED BY UTILIZING THE FORMULATION OF A MINIMUM OF THIRTY PARTS PER MILLION AND A MAXIMUM OF FIFTY PARTS PER MILLION OF DENATONIUM BENZOATE IN ENGINE COOLANT OR ANTIFREEZE. ANY MANUFACTURER OR PACKAGER OF A PRODUCT 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. INFORMATION AND DOCUMENTATION MAIN- TAINED PURSUANT TO THIS SECTION SHALL BE FURNISHED TO ANY MEMBER OF THE PUBLIC UPON REQUEST. 2. THIS SECTION SHALL NOT BE CONSTRUED TO APPLY TO THE SALE OF A MOTOR VEHICLE THAT CONTAINS ENGINE COOLANT OR ANTIFREEZE. 3. FOR PURPOSES OF THIS SECTION, THE TERMS "ENGINE COOLANT" AND "ANTI- FREEZE" SHALL MEAN ANY ENGINE COOLANT OR ANTIFREEZE THAT CONTAINS MORE THAN TEN PERCENT ETHYLENE GLYCOL. S 2. This act shall take effect January 1, 2015.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01915-01-3