Provides that any engine coolant or antifreeze that contains more than ten percent ethylene glycol shall only be sold if it contains 30 ppm of denatonium benzoate

Title of bill

An act to amend the general business law, in relation to the sale of engine coolant and antifreeze

Purpose of bill

Provides that any engine coolant or antifreeze that contains 10% or more of ethylene glycol shall only be sold if it contains a minimum of 30 parts per million (ppm) and a maximum of 50 ppm of the non-toxic, aversive additive denatonium benzoate (DB).

Summary of provisions

The general business law is amended by adding a new section 399-i: Engine coolant and antifreeze.

Justification

From coast to coast, people and animals have been harmed, even killed, both accidentally and intentionally, simply by ingesting a small amount of antifreeze which contains ethylene glycol.

Other then Oregon which enacted legislation in 1991, since this bill was first introduced in New York (2004), seven other states enacted this bill into law: Arizona, California, Maine, New Mexico, Tennessee, Virginia and Washington State. Vermont looks to be the 8th state that will enact this bill before completing their 2009 legislative session.

Once adamantly opposed to regulations, beginning in 2007, the Consumer Specialty Products Association has called upon Congress to pass this legislation in order to create a uniform national standard.

Ethylene glycol is a colorless, sweet-tasting, aromatic and extremely toxic liquid. Unfortunately, the sweet smell attracts and taste appeals to children, pets, wildlife, alcoholics and those with limited mental capacity. According to the Agency for Toxic Substances and Disease Registry at the Centers for Disease Control (CDe), ethylene glycol ingestion is rapidly absorbed by the body and leads to systemic toxicity. When ethylene glycol breaks down in the body, it forms chemicals that crystallize and seriously damage kidney functions. Death may occur within 24 hours. Even the smallest drop of spillage during the transfer from its container to the vehicle can place children, adults and pets at risk. The ASPCA Animal Poison Control Center estimates that as little as one teaspoon of antifreeze can be deadly to a cat; one to two tablespoons can kill a 10-pound dog.

Companion animals and children are not the only ones at risk. According to the U.S. Fish and Wildlife Service, an imperiled California condor released back into the wild died from ethylene glycol poisoning. Four cheetahs died ofliver failure at Disney's Animal Kingdom in Orlando, FL and an Alaskan polar bear was arbitrarily found dead; all had ethylene glycol present in their systems.

Approved by the FDA in 1963, DB (denatonium benzoate is known as the bitterest substance. By adding as little as thirty parts of DB to one million parts of ethylene glycol renders the liquid too bitter to be tolerated. The Prestoneù Research and Development Lab has reported that "adding DB to antifreeze and cooling agents does not damage automotive cooling systems." The Center for the Science and Engineering of Materials characterized DB as a "harmless additive that, when added to a potentially harmful household, garden or automotive product...renders these products unpalatable becoming a powerful deterrent against poisoning especially in young children." And finally, the Engineering Society for Advancing Mobility Land, Sea, Air and Space International found that DB "does not present any significant toxicity or environmental hazards, degrades photo-chemically in water and is destroyed in water treatment plants."

Prior legislative history

Similar Legislation 2007-08: A.3638-B/S.4205-B Passed Assembly

Fiscal implications

None.

Effective date

January 1, 2011