09 LC
21 0214
House
Bill 219
By:
Representatives Benton of the
31st,
England of the
108th,
and Buckner of the
130th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of
Georgia Annotated, relating to antifreeze, so as to provide that antifreeze sold
in this state containing more than 10 percent ethylene glycol shall include
denatonium benzoate as an aversive agent to render it unpalatable; to provide
for applicability; to provide for a limitation on liability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia
Annotated, relating to antifreeze, is amended by adding a new Code section to
read as follows:
"10-1-202.1.
(a)
Antifreeze sold in this state that is manufactured after July 1, 2011,
containing more than 10 percent ethylene glycol shall include denatonium
benzoate at a minimum of 30 parts per million and a maximum of 50 parts per
million as an aversive agent to render the antifreeze unpalatable.
(b)
The requirements of subsection (a) of this Code section apply only to
manufacturers, packagers, distributors, recyclers, or sellers of antifreeze.
Such provisions shall not apply to the sale of a motor vehicle that contains
engine coolant or antifreeze or to wholesale containers containing 55 gallons or
more of antifreeze.
(c)
A manufacturer, packager, distributor, recycler, or seller of antifreeze that is
required to contain an aversive agent pursuant to this Code section shall not be
liable to any person for personal injury, death, property damage, or damage to
the environment that results solely from the inclusion of denatonium benzoate in
the antifreeze; provided, however, that such limitation on liability is only
applicable if denatonium benzoate is included in engine coolant or antifreeze in
the concentrations mandated by subsection (a) of this Code section. Such
limitation on liability shall not apply to a particular liability to the extent
that the cause of that liability is unrelated to the inclusion of denatonium
benzoate in antifreeze."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.
