|Public Act 096-1218|
|HB4722 Enrolled||LRB096 14860 KTG 29724 b|
AN ACT concerning antifreeze.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Antifreeze Bittering Act.
Addition of bittering agent required.
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.
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.
(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
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.
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
A violation of this Act is a Class C
This Act takes effect July 1,