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| Public Act 096-1218 | ||||
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AN ACT concerning antifreeze.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Antifreeze Bittering Act. | ||||
Section 5. Addition of bittering agent required. Any engine | ||||
coolant or antifreeze that is manufactured after January 1, | ||||
2011, and subsequently sold within the State, and that contains | ||||
more than 10% ethylene glycol, shall include denatonium | ||||
benzoate 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. | ||||
Section 10. Record keeping. A manufacturer of a product | ||||
subject to this Act shall maintain a record of the trade name, | ||||
scientific name, and active ingredients of any bittering agent | ||||
used pursuant to this Act. Such information shall be available | ||||
to the public upon request.
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Section 15. Liability.
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(a) Subject to subsections (b) and (c) of this Section, a | ||||
manufacturer, processor, distributor, recycler, or seller of | ||||
an engine coolant or antifreeze containing denatonium benzoate | ||||
at a minimum of 30 parts per million and a maximum of 50 parts | ||
per million shall not be liable, except for willful and wanton | ||
misconduct, to any person for personal injury, death, property | ||
damage, damage to the environment, damage to natural resources, | ||
or economic loss where the inclusion of denatonium benzoate in | ||
any engine coolant or antifreeze was the sole cause of the | ||
personal injury, death, property damage, damage to the | ||
environment, damage to natural resources, or economic loss.
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(b) Subsection (a) of this Section shall be strictly | ||
construed and shall not apply to manufacturers, distributors, | ||
recyclers, or sellers of denatonium benzoate prior to its | ||
dilution with an engine coolant or antifreeze, or in dilutions | ||
with antifreeze or engine coolant of less than 30 parts per | ||
million or more than 50 parts per million.
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(c) Subsection (a) of this Section shall apply only to | ||
causes of action accruing on or after the effective date of | ||
this Act. | ||
Section 20. Home rule preemption. With respect to retail | ||
containers containing less than 55 gallons of engine coolant or | ||
antifreeze, no local government, municipality, or other | ||
political subdivision of this State shall have any authority | ||
either to establish or continue in effect any prohibition, | ||
limitation, standard, or other requirement relating to the | ||
inclusion of a bittering agent in engine coolant or antifreeze | ||
that is in any way different from, or in addition to, the | ||
provisions of this Act. This Section is a denial and limitation | ||
of home rule powers and functions under subsection (h) of | ||
Section 6 of Article VII of the Illinois Constitution. | ||
Section 25. Exemptions. The requirements of this Act shall | ||
not be construed to apply to: | ||
(1) the sale of a motor vehicle that contains engine | ||
coolant or antifreeze; or | ||
(2) wholesale containers of engine coolant or | ||
antifreeze containing 55 gallons or more of engine coolant | ||
or antifreeze.
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Section 30. Penalty. A violation of this Act is a Class C | ||
misdemeanor. | ||
Section 99. Effective date. This Act takes effect July 1, | ||
2011.
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