Texas House Bill HB301

Texas 2013 - 83rd Regular

• Filed: 12/17/12

Caption

Relating to manufacturers' inclusion of denatonium benzoate in certain products containing ethylene glycol.

Impact

The introduction of HB 301 has implications for manufacturers in the antifreeze and engine coolant sector, necessitating amendments to production processes and labeling. Furthermore, the bill provides immunity from liability for companies that adhere to the denatonium benzoate inclusion requirement. This protection is significant, as it caters to concerns regarding legal liability tied to potential health hazards associated with their products, provided the accidents are related to the unsafe ingestion of antifreeze and engine coolants containing the requisite safety additive.

Summary

House Bill 301 mandates the inclusion of denatonium benzoate, a bittering agent, in antifreeze and engine coolant products containing over 10 percent ethylene glycol. This requirement aims to deter accidental ingestion of these potentially harmful substances, particularly by children and pets. The bill stipulates that products manufactured after January 1, 2015, must contain denatonium benzoate in concentrations ranging from 30 to 50 parts per million. The intention behind this legislation is rooted in public health and safety, making it imperative for manufacturers to comply or risk penalties.

Sentiment

The sentiment surrounding HB 301 appears to be largely positive, as the bill is positioned as a proactive measure to enhance consumer safety. Supporters emphasize the bill's role in preventing poisoning incidents and protecting vulnerable populations, such as children and pets. Nevertheless, there is a sense of apprehension among some manufacturers over the additional regulations and obligations that come with compliance. This duality reflects a common conflict in legislative measures between public safety objectives and business operational concerns.

Contention

While the bill has received support for its potential to protect public health, some concerns have arisen regarding the enforceability of the new regulation and the associated liabilities. Critics may argue about the sufficiency of denatonium benzoate in preventing ingestion-related accidents or the feasibility of compliance in smaller manufacturing settings. Furthermore, the stipulation that local political subdivisions cannot create regulations more stringent than state law could fuel debates about local versus state control in addressing public safety issues, potentially creating friction between legislators and local governments.