Sec. 1. 38 MRSA §1611 is enacted to read:

§1611. Sale of engine coolants and antifreeze

1.__Aversive agent required. After October 1, 2005, a person may not sell or offer to sell in this State any engine coolant or antifreeze that contains more than 10% ethylene glycol or propylene glycol unless it includes denatonium benzoate at a minimum of 30 parts per million as a bittering agent within the product so as to render it unpalatable.

2.__Substitute aversive agent authorized. Notwithstanding subsection 1, 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.

3.__Records of manufacturer and packager.__Any manufacturer or packager of engine coolant or anitfreeze subject to this section shall maintain a record of the trade name, scientific name and active ingredients of the bittering agent used pursuant to this section. Information and documentation maintained pursuant to this subsection must be furnished to any member of the public upon request.

4.__Limitation of liability.__A manufacturer, distributor, recycler or seller of any engine coolant or antifreeze that contains more than 10% ethylene glycol or propylene glycol 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 if the denatonium benzoate is included in ethylene glycol or propylene glycol engine coolant or antifreeze in concentrations mandated by this section.

5.__Misconduct negates limitation of liability.__The limitation on liability under subsection 4 does not apply if the personal injury, death or property damage described under subsection 4 results from willful or wanton misconduct by the manufacturer, distributor, recycler or seller of the ethylene glycol or propylene glycol engine coolant or antifreeze.

6.__Exceptions.__This section does not apply to any of the following:

A.__The sale of a motor vehicle that contains engine coolant or antifreeze; or