Public Act 096-1218
 
HB4722 EnrolledLRB096 14860 KTG 29724 b



    AN ACT concerning antifreeze.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    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.


 
    Section 15. Liability.
 
    (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.

    (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.


    (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.

 
    Section 30. Penalty. A violation of this Act is a Class C 
misdemeanor.
 
    Section 99. Effective date. This Act takes effect July 1, 
2011.