SB-0029, As Passed Senate, May 1, 2013

SENATE BILL No. 29

January 16, 2013, Introduced by Senators BIEDA, KOWALL, HILDENBRAND, EMMONS, ROCCA, JONES, ANDERSON, SMITH, JANSEN, WHITMER, GREGORY, YOUNG, HOOD, JOHNSON and HOPGOOD and referred to the Committee on Economic Development.

A bill to prohibit the sale of certain engine coolant in this

state that does not contain denatonium benzoate as a bittering

agent; to require certain record keeping; and to provide for

penalties.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. (1) This act shall be known and may be cited as the

"engine coolant bittering agent act".

(2) As used in this act, "engine coolant" means a substance

that is used in the cooling system of an internal combustion engine

to provide protection against freezing, overheating, or corrosion

of the cooling system, or is labeled or sold with the implication

that it may be used for that purpose.

Sec. 3. On or after January 1, 2015, a person shall not sell

in this state engine coolant that is manufactured on or after

January 1, 2015 and contains more than 10% ethylene glycol unless

the engine coolant contains denatonium benzoate in a concentration

of 30 to 50 parts per million.

Sec. 5. A manufacturer or packager shall not sell engine

coolant in this state unless the manufacturer or packager retains

for a minimum of 3 years, and makes available to the public on

request, a record of all of the following concerning the engine

coolant:

(a) The trade name.

(b) The scientific name.

(d) The concentration of denatonium benzoate.

Sec. 7. (1) Subject to subsection (2), a manufacturer,

processor, distributor, recycler, or seller of an engine coolant

that complies with the requirements of this act is not liable to

any person for any of the following that result from inclusion of

denatonium benzoate in an engine coolant, if it is present in the

concentrations described in section 3:

(a) Personal injury.

(b) Death.

(d) Damage to the environment, including natural resources.

(e) Economic loss.

(2) Subsection (1) does not relieve a person from liability in

any of the following circumstances:

(a) The injury is not primarily caused by the inclusion of

denatonium benzoate in the engine coolant.

(b) The injury is the result of the manufacturer's,

processor's, distributor's, recycler's, or seller's willful or

wanton misconduct or gross negligence.

of denatonium benzoate.

Sec. 9. This act does not apply to either of the following:

(a) The sale of a motor vehicle that contains engine coolant.

(b) Wholesale containers of engine coolant containing 55

gallons or more of engine coolant.

Sec. 11. The attorney general or any other person may bring a

civil action for, and a court may order, 1 or more of the

following:

(a) An injunction to enforce this act.

(b) If the action is brought by the attorney general, a civil

fine of not more than $500.00 for each day of sale in violation of

this act, which shall be submitted to the state treasurer for

deposit into the general fund.