HOUSE BILL 411

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Joe Thompson

AN ACT

RELATING TO CONSUMER PRODUCTS; REQUIRING AN AVERSIVE BITTERING AGENT IN ANTIFREEZE; PROVIDING FOR A LIMITATION ON LIABILITY; PROVIDING EXCEPTIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. BITTERING AGENT IN ANTIFREEZE--LIABILITY LIMITATION--EXCEPTIONS.--

          A. An engine coolant or antifreeze sold in this state after January 1, 2005 that is manufactured after July 1, 2004 and that contains more than ten percent ethylene glycol shall include denatonium benzoate at a minimum of thirty parts per million as a bittering agent within the product so as to render it unpalatable. Another aversive agent may be used if it meets or exceeds the degree of aversion in test subjects obtained by using the formulation of thirty parts per million of denatonium benzoate. A manufacturer or packager of a product subject to the provisions of this section shall maintain a record of the trade name, scientific name and active ingredients of any bittering agent used pursuant to this section. Information and documentation maintained pursuant to this section shall be furnished to any member of the public upon request.

          B. A manufacturer, distributor, recycler or seller of an automotive product that is required to contain an aversive agent pursuant to this section is not liable to any person for any personal injury, death or property damage that results from the inclusion of denatonium benzoate in ethylene glycol antifreeze.

          C. The limitation on liability provided in Subsection B of this section is only applicable if denatonium benzoate is included in ethylene glycol antifreeze in the concentrations mandated by this section.

          D. The limitation on liability provided in Subsection B of this section does not apply if the personal injury, death or property damage results from willful or wanton misconduct by the manufacturer, distributor, recycler or seller of the ethylene glycol antifreeze.

          E. The provisions of this section do not apply to:

                (1) the sale of a motor vehicle that contains engine coolant or antifreeze; or

                (2) wholesale containers containing fifty-five gallons or more of antifreeze.

- 3 -