H. 6 An Act Relating to the Sale of Engine Coolants and Antifreeze
GMAD SUPPORTS this legislation
Subject: Commerce and trade; motor vehicle parts and accessories; engine coolants and antifreeze
Summary: This bill proposes to require that any engine coolant or antifreeze sold in Vermont contain a bittering agent to render the engine coolant or antifreeze unpalatable to children and animals.
Sponsors: Klein, Tony (East Montpelier); Ancel, Janet (Calais)
Status: Referred to the Committee on Natural Resources and Energy
Text
Sec. 1. 9 V.S.A. chapter 76, subchapter 1 is added to read:
Subchapter 1. Hydraulic Brake Fluids
Sec. 2. 9 V.S.A. chapter 76, subchapter 2 is added to read:
Subchapter 2. Sale of Engine Coolants and Antifreeze
? 2841. AVERSIVE AGENT REQUIRED
A person may not sell or offer to sell in this state after January 1, 2009, any engine coolant or antifreeze that was manufactured after July 1, 2008, that contains more than 10 percent ethylene glycol unless the engine coolant or antifreeze includes denatonium benzoate at a minimum 1 of 30 parts per million as a bittering agent within the product so as to render it unpalatable.
? 2842. SUBSTITUTE AVERSIVE AGENT AUTHORIZED
Notwithstanding the provisions of section 2841 of this title, an aversive agent other than denatonium benzoate may be used in engine coolant or antifreeze if it meets or exceeds the degree of aversion in test subjects obtained by using the formulation of 30 parts per million of denatonium benzoate in antifreeze.
? 2843. RECORDS OF MANUFACTURER AND PACKAGER
Any manufacturer or packager of engine coolant or antifreeze subject to this subchapter shall maintain a record of the trade name, the scientific name, and the active ingredients of the bittering agent used pursuant to this subchapter. Information and documentation maintained pursuant to this subchapter must be furnished to any member of the public upon request.
? 2844. LIMITATION OF LIABILITY
A manufacturer, distributor, recycler, or seller of any engine coolant or antifreeze that contains an aversive agent as required under this subchapter is not liable to any person for any personal injury, death, property damage, damage to the environment or natural resources, or economic loss that results from the inclusion of the aversive agent if the aversive agent is included as mandated by this subchapter. This section does not provide immunity to any
person for liability to the extent that the cause of 1 liability is not related to the aversive agent required by this subchapter.
? 2845. MISCONDUCT NEGATES LIMITATION OF LIABILITY
The limitation of liability under section 2844 of this title does not apply if the personal injury, death, property damage, damage to the environment or natural resources, or economic loss results from willful or reckless misconduct by the manufacturer, the distributor, the recycler or the seller of the ethylene glycol engine coolant or antifreeze.
? 2846. EXCEPTIONS
This subchapter does not apply to the sale of a motor vehicle that contains engine coolant or antifreeze.
? 2847. PENALTIES AND ENFORCEMENT
(a) The secretary of agriculture, food and markets shall have charge of the proper enforcement of the provisions of this subchapter. The secretary shall have access to all places of business, factories, stores, and buildings used for the manufacture or sale of engine coolants and antifreeze and may open and inspect any package, can, jar, tub, or other receptacle containing engine coolants or antifreeze that might be sold, manufactured, or exposed for sale in violation of the provisions of this subchapter.
(b) Any person who violates a provision of this subchapter shall be fined
not less than $100.00 per violation.
Vermont Legislative Updates - June 2008
1- The Student Dissection Choice bill, which will give Vermont students the right to an alternative to animal dissection in public elementary or secondary schools was finally signed into law by the governor on May 20, 2008. Students will have the right to be excused from dissecting animals as part of a course of instruction, thanks to the passage of House Bill 711.
In addition, each school district will be required to adopt and implement policies regarding a student's right to refuse, which includes timely notification of alternatives to both the student and parent.
The bill was first introduced 8 years ago after a Woodstock Union High School student, Lauren Skaskiw, was threatened with a failing grade by her science teacher for refusing to dissect an animal. Lauren was eventually allowed to do an alternative assignment using a CD-ROM simulation, but she never gave up her fight to ensure that all Vermont students be given the same right without having to go through that struggle. Now a teacher herself, Lauren was present when the House unanimously passed the measure on May 3rd.
NOTE: Special thanks to Senator John Campbell for his tireless efforts to advocate for this wonderful piece of legislation which respects as well as protects students and animals!
2- The Pet Merchant Bill will help fund the Vermont Spay Neuter Incentive Program (VSNIP), the statewide spay/neuter program for low income families, by raising the surcharge on dog licenses by $1. This very modest increase will generate an estimated additional $75,000 to the program when it goes into effect in April 2009.
This bill will also help ensure that more dogs are registered, through tracking the records of dogs' rabies vaccines. The Agency of Agriculture will also be required to investigate other funding sources for the VSNIP program, and the tax department will be required to issue a report on strategies for collecting sales and use tax on the sale of animals!
IMPORTANT NOTE: Please take a moment to send your legislators a quick note or email to thank them for their support of these important measures. If your legislator was on the conference committee for either bill, it would be especially important to thank them for their support of that particular bill! Everyone should contact Senator John Campbell, Senator Vince Illuzzi, Senator Claire Ayer, and Rep. Alice Miller for their help with pro-animal legislation this year, and throughout the years!
For legislators phone, e-mail & addresses, please visit: http://www.leg.state.vt.us and click on the Legislative Directory.
Dissection Choice (H. 711) Conference Committee:
Rep. Peter Peltz or Woodbury, Rep. Reg Godin of Milton, Rep. Will Stevens of Shoreham, Sen. John Campbell (Windsor County), Sen. Vince Illuzzi (Essex/Orleans County), Sen. Bobby Starr (Essex/Orleans County)
Pet Vendor Bill (H. 691) Conference Committee:
Sen. Claire Ayer (Addison County), Sen. Mark MacDonald (Orange County), Sen. Hull Maynard (Rutland County), Rep. Michael Obuchowski of Rockingham, Rep. Carolyn Branagan of Georgia, Rep. Bill Aswad of Burlington