68-131-113 - Bittering agent added to antifreeze or engine coolant Liability Construction regarding sale of motor vehicle Violations Selection of alternative bittering agent.
68-131-113. Bittering agent added to antifreeze or engine coolant Liability Construction regarding sale of motor vehicle Violations Selection of alternative bittering agent.
(a) Any and all antifreeze or engine coolant containing at least ten percent (10%) ethylene glycol that is manufactured on or after January 1, 2010, shall contain a bittering agent in a minimum concentration of thirty parts per million (30 p.p.m.) but not to exceed a maximum concentration of fifty parts per million (50 p.p.m.).
(b) No manufacturer, processor, distributor, recycler or seller of antifreeze or engine coolant containing at least ten percent (10%) ethylene glycol that complies with this section in this state shall be liable for any personal injury, death, property damage, environmental damage or economic loss caused by the required inclusion of the bittering agent to the antifreeze or engine coolant. The limitation on liability provided in this subsection (b) does not apply to a particular liability to the extent that the cause of the liability is unrelated to the inclusion of denatonium benzoate in any engine coolant or antifreeze.
(c) The requirements of this section shall not be construed to apply to the sale of a motor vehicle that contains engine coolant or antifreeze.
(d) Any person violating this section commits a Class C misdemeanor, punishable only by a fine of fifty dollars ($50.00) per occurrence.
(e) Upon a determination by a federal or state authority that denatonium benzoate is unsuitable for use, based on a threat to health and safety or the environment, the commissioner of agriculture shall establish by rulemaking hearing, as required by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2, a bittering agent that shall be required instead; provided, however, that the initial rules establishing the bittering agent shall be promulgated as emergency rules in compliance with § 4-5-208.
[Acts 2008, ch. 1111, § 3.]