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HB 96
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Sub. H. B. No. 96 As Passed by the House

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 require the inclusion of a bittering agent in engine coolant and antifreeze.

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

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

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

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

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

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

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

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

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

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

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

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