41-2086

41-2086. Aversive or bittering agent in engine
coolant and antifreeze; liability limitation; exceptions;
violation; classification

A. Engine coolant or antifreeze sold in this state on or after January 1, 2008 that
is manufactured on or after September 1, 2007 and that contains more than ten per cent
ethylene glycol shall include denatonium benzoate at a minimum of thirty parts per
million and a maximum of fifty parts per million as an aversive or bittering agent in the
product to render it unpalatable. A manufacturer or packager of engine coolant or
antifreeze subject to this section shall maintain a record of the trade name, scientific
name and active ingredients of the aversive or bittering agent used pursuant to this
section. A manufacturer or packager of engine coolant or antifreeze shall furnish
information and documentation maintained pursuant to this section to a member of the
public on request.

B. This section applies only to manufacturers, packagers, distributors, recyclers
or sellers of engine coolant or antifreeze. For purposes of this section, selling does
not include the installation of engine coolant or antifreeze for compensation.

C. A manufacturer, packager, distributor, recycler or seller of engine coolant or
antifreeze that is required to contain an aversive or bittering agent pursuant to this
section is not liable to any person for personal injury, death, property damage, damage
to the environment or natural resources or economic loss that results from the inclusion
of denatonium benzoate in engine coolant or antifreeze.

D. The limitation on liability provided in subsection C applies only if denatonium
benzoate is included in engine coolant or antifreeze in the concentrations required by
this section. The limitation on liability provided in Subsection C does not apply to a
particular liability to the extent that the cause of that liability is unrelated to the
inclusion of denatonium benzoate in engine coolant or antifreeze.

E. A political subdivision of this state shall not establish or continue in effect
a prohibition, limitation, standard or other requirement relating to the inclusion of an
aversive or bittering agent in engine coolant or antifreeze, with respect to retail
containers containing less than fifty-five gallons of engine coolant or antifreeze, that
is different from, or in addition to, this section.

F. This section does not apply to either:

1. The sale of a motor vehicle that contains engine coolant or antifreeze.

2. Wholesale containers of engine coolant or antifreeze containing fifty-five
gallons or more of engine coolant or antifreeze.

G. The department may inspect, investigate, analyze and take appropriate actions to
administer and enforce this section.

H. A person who violates this section is guilty of a class 3 misdemeanor.