HOUSE BILL 482

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Kathy A. McCoy

AN ACT

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

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

     Section 1. AVERSIVE OR BITTERING AGENT IN ANTIFREEZE--LIABILITY LIMITATION--EXCEPTIONS--LABELING.--

          A. Antifreeze sold in this state after January 1, 2006 that is manufactured after July 1, 2005 and that contains more than ten percent ethylene glycol shall include denatonium benzoate at a minimum of thirty parts per million as an aversive or 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 antifreeze subject to the provisions of this section shall maintain a record of the trade name, scientific name and active ingredients of an aversive or bittering agent used pursuant to this section. Information and documentation maintained pursuant to this section shall be furnished to a member of the public upon request.

          B. A manufacturer, packager, distributor, recycler or seller of 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 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, packager, distributor, recycler or seller of the ethylene glycol antifreeze.

          E. The provisions of this section do not apply to the sale of a motor vehicle that contains antifreeze.

          F. A commercial container of antifreeze subject to the provisions of this section shall contain a conspicuous label in both English and Spanish reading, "This antifreeze contains a bittering agent".

- 3 -