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Public Act 096-1218
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| HB4722 Enrolled | LRB096 14860 KTG 29724 b |
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AN ACT concerning antifreeze.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Antifreeze Bittering Act.
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Section 5. Addition of bittering agent required. Any engine |
coolant or antifreeze that is manufactured after January 1, |
2011, and subsequently sold within the State, and that contains |
more than 10% ethylene glycol, shall include denatonium |
benzoate at a minimum of 30 parts per million and a maximum of |
50 parts per million as a bittering agent within the product so |
as to render it unpalatable.
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Section 10. Record keeping. A manufacturer of a product |
subject to this Act shall maintain a record of the trade name, |
scientific name, and active ingredients of any bittering agent |
used pursuant to this Act. Such information shall be available |
to the public upon request.
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Section 15. Liability.
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(a) Subject to subsections (b) and (c) of this Section, a |
manufacturer, processor, distributor, recycler, or seller of |
an engine coolant or antifreeze containing denatonium benzoate |
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at a minimum of 30 parts per million and a maximum of 50 parts |
per million shall not be liable, except for willful and wanton |
misconduct, to any person for personal injury, death, property |
damage, damage to the environment, damage to natural resources, |
or economic loss where the inclusion of denatonium benzoate in |
any engine coolant or antifreeze was the sole cause of the |
personal injury, death, property damage, damage to the |
environment, damage to natural resources, or economic loss.
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(b) Subsection (a) of this Section shall be strictly |
construed and shall not apply to manufacturers, distributors, |
recyclers, or sellers of denatonium benzoate prior to its |
dilution with an engine coolant or antifreeze, or in dilutions |
with antifreeze or engine coolant of less than 30 parts per |
million or more than 50 parts per million.
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(c) Subsection (a) of this Section shall apply only to |
causes of action accruing on or after the effective date of |
this Act.
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Section 20. Home rule preemption. With respect to retail |
containers containing less than 55 gallons of engine coolant or |
antifreeze, no local government, municipality, or other |
political subdivision of this State shall have any authority |
either to establish or continue in effect any prohibition, |
limitation, standard, or other requirement relating to the |
inclusion of a bittering agent in engine coolant or antifreeze |
that is in any way different from, or in addition to, the |
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provisions of this Act. This Section is a denial and limitation |
of home rule powers and functions under subsection (h) of |
Section 6 of Article VII of the Illinois Constitution.
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Section 25. Exemptions. The requirements of this Act shall |
not be construed to apply to: |
(1) the sale of a motor vehicle that contains engine |
coolant or antifreeze; or |
(2) wholesale containers of engine coolant or |
antifreeze containing 55 gallons or more of engine coolant |
or antifreeze.
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Section 30. Penalty. A violation of this Act is a Class C |
misdemeanor.
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Section 99. Effective date. This Act takes effect July 1, |
2011.
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