HB4722 Engrossed

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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 
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Antifreeze Bittering Act.
 
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    Section 5. Addition of bittering agent required.   Any engine 
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coolant or antifreeze that is manufactured after January 1, 
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2011, and subsequently sold within the State, and that contains 
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more than 10% ethylene glycol, shall include denatonium 
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benzoate at a minimum of 30 parts per million and a maximum of 
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50 parts per million as a bittering agent within the product so 
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as to render it unpalatable.
 
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    Section 10. Record keeping. A manufacturer of a product 
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subject to this Act shall maintain a record of the trade name, 
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scientific name, and active ingredients of any bittering agent 
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used pursuant to this Act.  Such information shall be available 
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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 
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manufacturer, processor, distributor, recycler, or seller of 
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an engine coolant or antifreeze containing denatonium benzoate 
 


 






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at a minimum of 30 parts per million and a maximum of 50 parts 
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per million shall not be liable, except for willful and wanton 
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misconduct, to any person for personal injury, death, property 
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damage, damage to the environment, damage to natural resources, 
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or economic loss where the inclusion of denatonium benzoate in 
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any engine coolant or antifreeze was the sole cause of the 
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personal injury, death, property damage, damage to the 
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environment, damage to natural resources, or economic loss.

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    (b) Subsection (a) of this Section shall be strictly 
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construed and shall not apply to manufacturers, distributors, 
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recyclers, or sellers of denatonium benzoate prior to its 
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dilution with an engine coolant or antifreeze, or in dilutions 
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with antifreeze or engine coolant of less than 30 parts per 
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million or more than 50 parts per million.


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    (c) Subsection (a) of this Section shall apply only to 
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causes of action accruing on or after the effective date of 
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this Act.
 
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    Section 20. Home rule preemption. With respect to retail 
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containers containing less than 55 gallons of engine coolant or 
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antifreeze, no local government, municipality, or other 
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political subdivision of this State shall have any authority 
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either to establish or continue in effect  any prohibition, 
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limitation, standard, or other requirement relating to the 
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inclusion of a bittering agent in engine coolant or antifreeze 
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that is in any way different from, or in addition to, the 
 


 






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provisions of this Act. This Section is a denial and limitation 
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of home rule powers and functions under subsection (h) of 
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Section 6 of Article VII of the Illinois Constitution.
 
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    Section 25. Exemptions.  The requirements of this Act shall 
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not be construed to apply to:
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        (1)  the sale of a motor vehicle that contains engine 
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    coolant or antifreeze; or
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        (2)  wholesale containers of engine coolant or 
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    antifreeze containing 55 gallons or more of engine coolant 
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    or antifreeze.

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