SENATE BILL 50

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

INTRODUCED BY

Richard M. Romero

AN ACT

RELATING TO HEALTH; REQUIRING THAT ENGINE COOLANT AND ANTIFREEZE CONTAIN A BITTERING AGENT TO MAKE IT UNPALATABLE.

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

     Section 1. BITTERING AGENT REQUIRED IN ENGINE COOLANT AND

ANTIFREEZE.--Engine coolant or antifreeze sold in this state after October 1, 2004 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 to make it unpalatable. Another aversive agent may be used if it meets or exceeds the degree of aversion in test subjects obtained by utilizing the formulation of thirty parts per million of denatonium benzoate in antifreeze.

     Section 2. REQUIREMENT OF DOCUMENTATION BY PRODUCT MANUFACTURER OR PACKAGER.--A manufacturer or packager of a product subject to the provisions of this act shall keep a record of the trade name, scientific name and active ingredients of bittering agents used pursuant to this act. Information and documentation records shall be furnished to a member of the public upon request.

     Section 3. LIABILITY.--

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

          B. The limitation on liability pursuant to Subsection A of this section is applicable if denatonium benzoate is included in ethylene glycol antifreeze in concentrations pursuant to Section 1 of this act.

          C. The limitation on liability pursuant to Subsection A 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.

     Section 4. APPLICABILITY.--This section shall not be construed to apply to:

           A. the sale of a motor vehicle that contains engine coolant or antifreeze; or

           B. wholesale containers of antifreeze containing fifty-five gallons or more of the antifreeze.

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