SECTIONS 17582 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 17582

17582. (a) Any engine coolant or antifreeze sold in this state
after January 1, 2004, that is manufactured after July 1, 2003, and
that contains more than 10 percent ethylene glycol, shall include
denatonium benzoate at a minimum of 30 parts per million as a
bittering agent within the product so as to render it unpalatable.
Another aversive agent may be used if it meets or exceeds the degree
of aversion in test subjects obtained by utilizing the formulation of
30 parts per million of denatonium benzoate in antifreeze. Any
manufacturer or packager of a product subject to this section shall
maintain a record of the trade name, scientific name, and active
ingredients of any bittering agent used pursuant to this chapter.
Information and documentation maintained pursuant to this section
shall be furnished to any member of the public upon request.
(b) (1) A manufacturer, distributor, recycler, or seller of an
automotive product that is required to contain an aversive agent
under this section is not liable to any person for any personal
injury, death, or property damage that results from the inclusion of
denatonium benzoate in ethylene glycol antifreeze.
(2) The limitation on liability provided by this subdivision is
only applicable if denatonium benzoate is included in ethylene glycol
antifreeze in concentrations mandated by this section.
(3) The limitation on liability provided by this subdivision does
not apply if the personal injury, death, or property damage results
from willful or wanton misconduct by the manufacturer, distributor,
recycler, or seller of the ethylene glycol antifreeze.
(c) This section shall not be construed to apply to any of the
following:
(1) The sale of a motor vehicle that contains engine coolant or
antifreeze.
(2) Wholesale containers of antifreeze containing 55 gallons or
more of the antifreeze.