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.
(c) The concentration of ethylene glycol.
(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.
(c) Property damage.
(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.
(c) The injury is related to the manufacture or distribution
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.
(c) Attorney fees and costs, if the plaintiff prevails.