A. Any engine coolant or antifreeze manufactured after January 1, 2011, and sold within the Commonwealth that contains more than 10 percent ethylene glycol shall include not less than 30 parts per million and not more than 50 parts per million denatonium benzoate as a bittering agent in order to render the coolant or antifreeze unpalatable.
B. A manufacturer, processor, distributor, recycler or seller of an engine coolant or antifreeze that is required to contain an aversive agent under subsection A shall not be liable to any person for any personal injury, death, property damage, damage to the environment (including natural resources), or economic loss that results from the inclusion of denatonium benzoate in any engine coolant or antifreeze, provided that the inclusion of denatonium benzoate is present in concentrations mandated by subsection A. The limitation on liability does not apply to a particular liability to the extent that the cause of such liability is unrelated to the inclusion of denatonium benzoate in any engine coolant or antifreeze.
C. The provisions of this section shall not apply to (i) the sale of a motor vehicle that contains engine coolant or antifreeze, (ii) a wholesale container of engine coolant or antifreeze designed to contain 55 gallons or more of engine coolant or antifreeze, or (iii) engine coolant or antifreeze reformulated through on site recycling.
D. Any person violating any provision of this section shall be assessed a civil penalty of up to $100 per violation. Each day of violation shall constitute a separate offense.
E. This section shall not apply to engine coolant or antifreeze that is purchased pursuant to military specifications.
2009, c. 681.
Structure Code of Virginia
Title 59.1 - Trade and Commerce
Chapter 12 - Motor Fuels and Lubricating Oils
§ 59.1-150. Motor fuel subject to inspection and testing
§ 59.1-151. Statements to be filed by manufacturers, wholesalers and jobbers
§ 59.1-152. Collection and analysis of samples
§ 59.1-153. Methods of making inspection
§ 59.1-154. Inspection and testing under supervision of Commissioner
§ 59.1-155. Prohibiting sale of defective motor fuel
§ 59.1-155.1. Engine coolant and antifreeze bittering agent; penalty
§ 59.1-156. Rules and regulations
§ 59.1-157. Complaints to Commissioner
§ 59.1-162. Cooperation by state agencies
§ 59.1-162.1. Direct fueling of commercial vehicles authorized; conditions
§ 59.1-163. Penalty for violation
§ 59.1-164. Duty of attorney for the Commonwealth
§ 59.1-165. Chemical analysis as evidence
§ 59.1-166. Enforcement by Commissioner
§ 59.1-167. Conflicting local laws and ordinances prohibited
§ 59.1-167.1. Labeling of motor fuels; notification to reseller