(a) Any and all antifreeze or engine coolant containing at least ten percent (10%) ethylene glycol that is manufactured on or after January 1, 2010, shall contain a bittering agent in a minimum concentration of thirty parts per million (30 p.p.m.) but not to exceed a maximum concentration of fifty parts per million (50 p.p.m.).

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 68-131-113

  • Agriculture: means :
    (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  • Antifreeze: means any substance or preparation sold, distributed or intended for use as the cooling liquid or to be added to the cooling liquid in the cooling system of internal combustion engines of motor vehicles to prevent freezing of the cooling liquid or to lower its freezing point. See Tennessee Code 68-131-102
  • Bittering agent: means denatonium benzoate. See Tennessee Code 68-131-102
  • Commissioner: means the commissioner of agriculture or the commissioner's legally authorized representative or agent. See Tennessee Code 68-131-102
  • Person: includes an individual, partnership, corporation, or association, or the person's legal representative or agent. See Tennessee Code 68-131-102
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) No manufacturer, processor, distributor, recycler or seller of antifreeze or engine coolant containing at least ten percent (10%) ethylene glycol that complies with this section in this state shall be liable for any personal injury, death, property damage, environmental damage or economic loss caused by the required inclusion of the bittering agent to the antifreeze or engine coolant. The limitation on liability provided in this subsection (b) does not apply to a particular liability to the extent that the cause of the liability is unrelated to the inclusion of denatonium benzoate in any engine coolant or antifreeze.
(c) The requirements of this section shall not be construed to apply to the sale of a motor vehicle that contains engine coolant or antifreeze.
(d) Any person violating this section commits a Class C misdemeanor, punishable only by a fine of fifty dollars ($50.00) per occurrence.
(e) Upon a determination by a federal or state authority that denatonium benzoate is unsuitable for use, based on a threat to health and safety or the environment, the commissioner of agriculture shall establish by rulemaking hearing, as required by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2, a bittering agent that shall be required instead; provided, however, that the initial rules establishing the bittering agent shall be promulgated as emergency rules in compliance with § 4-5-208.
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