As Passed by the House

128th General Assembly
Regular Session
2009-2010
Sub. H. B. No. 96


Representative Skindell 

Cosponsors: Representatives Murray, Letson, Foley, Yates, Harris, Patten, Phillips, Luckie, Yuko, Williams, S., Boyd, Stebelton, Hagan, Domenick, Oelslager, Weddington, Harwood, Stewart, Bolon, Chandler, Brown, Okey, Carney, Celeste, DeBose, Evans, Fende, Garland, Gerberry, Goyal, Koziura, Mallory, Pillich, Pryor, Williams, B., Winburn 

A BILL
To enact section 2927.28 of the Revised Code to 1
require the inclusion of a bittering agent in 2
engine coolant and antifreeze.3


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That section 2927.28 of the Revised Code be 4
enacted to read as follows:5

       Sec. 2927.28.  (A) Except as provided in division (E) of this 6
section, engine coolant or antifreeze that is manufactured after 7
January 1, 2011, and subsequently sold in this state that contains 8
more than ten per cent ethylene glycol shall include a bittering 9
agent to render the engine coolant or antifreeze unpalatable. The 10
bittering agent shall consist of denatonium benzoate in a 11
concentration of not less than thirty parts per million and not 12
more than fifty parts per million.13

       This section applies to manufacturers, packagers, processors, 14
distributors, recyclers, and sellers of engine coolant or 15
antifreeze.16

       (B) A manufacturer or packager of engine coolant or 17
antifreeze that is subject to division (A) of this section shall 18
maintain a record of the trade name, scientific name, and active 19
ingredients of the bittering agent included in the engine coolant 20
or antifreeze and, upon request, shall furnish a member of the 21
public with the information contained in the record.22

       (C)(1) No manufacturer, packager, processor, distributor, 23
recycler, or seller of engine coolant or antifreeze shall fail to 24
comply with division (A) of this section by offering or 25
distributing for sale in this state engine coolant or antifreeze 26
that does not include denatonium benzoate as required by this 27
section.28

       (2) No manufacturer or packager shall fail to comply with 29
division (B) of this section.30

       (D) A manufacturer, packager, processor, distributor, 31
recycler, or seller that is subject to division (A) of this 32
section is not liable for any personal injury, death, damage to 33
property or the environment, including natural resources, or 34
economic that results from the inclusion of denatonium benzoate in 35
engine coolant or antifreeze in the concentration required by this 36
section. This immunity does not apply if the cause of liability is 37
unrelated to the inclusion of denatonium benzoate in any engine 38
coolant or antifreeze.39

       (E) This section does not apply to either of the following:40

       (1) The sale of a motor vehicle that contains engine coolant 41
or antifreeze;42

       (2) A wholesale container of engine coolant or antifreeze 43
containing fifty-five or more gallons of antifreeze.44

       (F) Whoever violates this section is guilty of a misdemeanor 45
and shall be fined not more than one thousand dollars.46