Senate Bill No. 304–Senator O’Connell

 

March 17, 2003

____________

 

Referred to Committee on Natural Resources

 

SUMMARY—Requires addition of bittering agent to certain antifreeze to render it unpalatable. (BDR 51‑842)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to antifreeze; requiring addition of a bittering agent to certain antifreeze to render it unpalatable; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 590 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  Except as otherwise provided in this section, any antifreeze

1-4  that contains more than 10 percent ethylene glycol which is sold in

1-5  this state after January 1, 2004, and which is manufactured after

1-6  July 1, 2003, must include a bittering agent within the antifreeze

1-7  to render the antifreeze unpalatable. The bittering agent must

1-8  consist of:

1-9  (a) Denatonium benzoate in a concentration of not less than

1-10  30 parts per million; or

1-11      (b) Any other aversive agent if its degree of aversion is

1-12  equivalent to or exceeds the degree of aversion accomplished by

1-13  utilizing the formulation of 30 parts per million of denatonium

1-14  benzoate in antifreeze.

1-15      2.  A manufacturer or packer of antifreeze that is required

1-16  pursuant to this section to include a bittering agent shall:

2-1  (a) Maintain a record of the trade name, scientific name and

2-2  active ingredients of the bittering agent included in the antifreeze;

2-3  and

2-4  (b) Upon request, furnish any member of the public with the

2-5  information maintained pursuant to this subsection.

2-6  3.  A manufacturer, packer, seller, distributor or recycler of

2-7  antifreeze that is required pursuant to this section to include a

2-8  bittering agent is not liable to any person for any bodily injury,

2-9  death or damage to property that results from the inclusion of the

2-10  bittering agent in the antifreeze in the concentration required by

2-11  this section unless the personal injury, death or damage to

2-12  property results from willful or wanton conduct of the

2-13  manufacturer, packer, seller, distributor or recycler of the

2-14  antifreeze.

2-15      4.  The provisions of this section do not apply to:

2-16      (a) The sale of a motor vehicle that contains antifreeze; or

2-17      (b) A wholesale container of antifreeze containing 55 gallons

2-18  or more of antifreeze.

2-19      5.  A person who violates any provision of this section is guilty

2-20  of a misdemeanor and shall be punished by a fine of not more

2-21  than $1,000.

2-22      Sec. 2.  NRS 590.340 is hereby amended to read as follows:

2-23      590.340  NRS 590.340 to 590.450, inclusive, and section 1 of

2-24  this act may be cited as the Nevada Antifreeze Act.

2-25      Sec. 3.  NRS 590.350 is hereby amended to read as follows:

2-26      590.350  As used in NRS 590.340 to 590.450, inclusive, and

2-27  section 1 of this act, unless the context or subject matter otherwise

2-28  requires:

2-29      1.  “Antifreeze” includes all substances and preparations

2-30  intended for use as the cooling medium, or to be added to the

2-31  cooling liquid, in the cooling system of internal combustion engines

2-32  to prevent freezing of the cooling liquid or to lower its freezing

2-33  point.

2-34      2.  “Fiscal year” means the period of 1 year beginning July 1

2-35  and expiring June 30 of the following year.

2-36      Sec. 4.  NRS 590.380 is hereby amended to read as follows:

2-37      590.380  1.  Before any antifreeze may be sold, displayed for

2-38  sale or held with intent to sell within this state, a sample thereof

2-39  must be inspected annually by the State Sealer of Weights and

2-40  Measures.

2-41      2.  Upon application of the manufacturer, packer, seller or

2-42  distributor and the payment of a fee established by regulation of the

2-43  State Board of Agriculture for each brand of antifreeze submitted,

2-44  the State Sealer of Weights and Measures shall inspect the

2-45  antifreeze submitted. If the antifreeze:

3-1  (a) Is not adulterated or misbranded;

3-2  (b) Meets the standards of the State Sealer of Weights and

3-3  Measures; and

3-4  (c) Is not in violation of NRS 590.340 to 590.450, inclusive, and

3-5  section 1 of this act,

3-6  the State Sealer of Weights and Measures shall issue to the applicant

3-7  a written permit authorizing its sale in this state for the fiscal year in

3-8  which the inspection fee is paid.

3-9  3.  If the State Sealer of Weights and Measures at a later date

3-10  finds that:

3-11      (a) The product to be sold, displayed for sale or held with intent

3-12  to sell has been materially altered or adulterated;

3-13      (b) A change has been made in the name, brand or trademark

3-14  under which the antifreeze is sold; or

3-15      (c) The antifreeze violates the provisions of NRS 590.340 to

3-16  590.450, inclusive, and section 1 of this act,

3-17  he shall notify the applicant and the permit must be cancelled

3-18  forthwith.

3-19      Sec. 5.  NRS 590.400 is hereby amended to read as follows:

3-20      590.400  1.  The State Sealer of Weights and Measures shall

3-21  enforce the provisions of NRS 590.340 to 590.450, inclusive, and

3-22  section 1 of this act by inspections, chemical analyses or any other

3-23  appropriate methods. All samples for inspection or analysis [shall]

3-24  must be taken from stocks in the State or intended for sale in the

3-25  State, or the State Sealer of Weights and Measures, through his

3-26  agents, may call upon the manufacturer or distributor applying for

3-27  an inspection of an antifreeze to supply such samples thereof for

3-28  analysis.

3-29      2.  The State Sealer of Weights and Measures, through his

3-30  agents, shall have free access at all reasonable times to all places of

3-31  business, buildings, vehicles, cars and vessels used in the

3-32  manufacture, transportation, sale or storage of any antifreeze, and he

3-33  may open any box, carton, parcel or package containing or supposed

3-34  to contain any antifreeze and may take therefrom samples for

3-35  analysis. If the person, or any officer, agent or employee thereof,

3-36  from which [such] a sample is taken, at the time of taking demands

3-37  payment, the person taking [such] the sample shall pay the

3-38  reasonable market price therefor.

3-39      Sec. 6.  NRS 590.420 is hereby amended to read as follows:

3-40      590.420  The State Sealer of Weights and Measures may

3-41  furnish upon request a list of the brands and trademarks of antifreeze

3-42  inspected by him or his agents during the fiscal year which have

3-43  been found to be in accord with NRS 590.340 to 590.450, inclusive

3-44  [.] , and section 1 of this act.

 

4-1  Sec. 7.  NRS 590.430 is hereby amended to read as follows:

4-2  590.430  [No advertising] Advertising literature relating to any

4-3  antifreeze sold or to be sold in this state [shall] must not contain any

4-4  statement that the antifreeze advertised for sale has been approved

4-5  by the State Sealer of Weights and Measures , [;] but if any

4-6  antifreeze has been inspected by the State Sealer of Weights and

4-7  Measures and has been found to meet the standards of the State

4-8  Sealer of Weights and Measures and not to be in violation of NRS

4-9  590.340 to 590.450, inclusive, and section 1 of this act, such a

4-10  statement may be contained in any advertising literature where such

4-11  a brand or trademark of antifreeze is being advertised for sale.

4-12      Sec. 8.  NRS 590.440 is hereby amended to read as follows:

4-13      590.440  Whenever the State Sealer of Weights and Measures

4-14  [shall discover] discovers any antifreeze is being sold or has been

4-15  sold in violation of NRS 590.340 to 590.450, inclusive, and section

4-16  1 of this act, the facts [shall] must be furnished to the district

4-17  attorney of the county where the violation occurred, who shall

4-18  institute proper proceedings.

4-19      Sec. 9.  NRS 590.450 is hereby amended to read as follows:

4-20      590.450  [If] Except as otherwise provided by specific statute,

4-21  if any person, partnership, corporation or association [shall violate]

4-22  violates the provisions of NRS 590.340 to 590.440, inclusive, and

4-23  section 1 of this act, such person, partnership, corporation or

4-24  association [shall be] is guilty of a misdemeanor.

4-25      Sec. 10.  NRS 561.305 is hereby amended to read as follows:

4-26      561.305  The Department shall establish and maintain a

4-27  laboratory for the following purposes:

4-28      1.  The diagnosis of infectious, contagious and parasitic

4-29  diseases of livestock, as may be necessary under the provisions of

4-30  chapter 571 of NRS.

4-31      2.  The diagnosis of infectious, contagious and parasitic

4-32  diseases of bees, as may be necessary under the provisions of NRS

4-33  552.085 to 552.310, inclusive.

4-34      3.  The diagnosis of infectious, contagious and destructive

4-35  diseases of agricultural commodities, and infestations thereof by

4-36  pests, as may be necessary under the provisions of NRS 554.010 to

4-37  554.240, inclusive.

4-38      4.  The survey and identification of insect pests, plant diseases

4-39  and noxious weeds, and the maintenance of a herbarium, as may be

4-40  necessary under the provisions of NRS 555.010 to 555.249,

4-41  inclusive.

4-42      5.  The testing of pesticides, as may be necessary under the

4-43  provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to

4-44  586.450, inclusive.

5-1  6.  The safekeeping and maintenance of official standards of

5-2  weights and measures, as may be necessary under the provisions of

5-3  chapter 581 of NRS.

5-4  7.  The testing and grading of agricultural products and the

5-5  testing of the purity and germinating power of agricultural seeds and

5-6  the testing of the spray residue contained in produce, as may be

5-7  necessary under the provisions of chapter 587 of NRS.

5-8  8.  The analysis and testing of commercial fertilizers and

5-9  agricultural minerals, as may be necessary under the provisions of

5-10  [NRS 588.010 to 588.350, inclusive.] chapter 588 of NRS.

5-11      9.  The analysis and testing of petroleum products, as may be

5-12  necessary under the provisions of NRS 590.010 to 590.150,

5-13  inclusive.

5-14      10.  The analysis and testing of antifreeze, as may be necessary

5-15  under the provisions of NRS 590.340 to 590.450, inclusive[.] , and

5-16  section 1 of this act.

5-17      11.  Any laboratory examinations, diagnoses, analyses or

5-18  testing as may be deemed necessary by the Director and which can

5-19  be made with equipment available in any such laboratory. Any

5-20  resident of this state may submit samples to the Department for

5-21  examination, diagnosis, analysis or testing, subject to such rules and

5-22  regulations as may be adopted by the Director.

5-23      Sec. 11.  NRS 561.385 is hereby amended to read as follows:

5-24      561.385  1.  The Agriculture Registration and Enforcement

5-25  Account is hereby created in the State General Fund for the use of

5-26  the Department.

5-27      2.  The following fees must be deposited in the Agriculture

5-28  Registration and Enforcement Account:

5-29      (a) Fees collected pursuant to the provisions of NRS 586.010 to

5-30  586.450, inclusive.

5-31      (b) Fees collected pursuant to the provisions of [NRS 588.010 to

5-32  588.350, inclusive.] chapter 588 of NRS.

5-33      (c) Fees collected pursuant to the provisions of NRS 590.340 to

5-34  590.450, inclusive[.] , and section 1 of this act.

5-35      (d) Laboratory fees collected for the testing of pesticides as

5-36  authorized by NRS 561.305, and as are necessary pursuant to the

5-37  provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to

5-38  586.450, inclusive.

5-39      (e) Laboratory fees collected for the analysis and testing of

5-40  commercial fertilizers and agricultural minerals, as authorized by

5-41  NRS 561.305, and as are necessary pursuant to the provisions of

5-42  [NRS 588.010 to 588.350, inclusive.] chapter 588 of NRS.

5-43      (f) Laboratory fees collected for the analysis and testing of

5-44  petroleum products, as authorized by NRS 561.305, and as are

6-1  necessary pursuant to the provisions of NRS 590.010 to 590.150,

6-2  inclusive.

6-3  (g) Laboratory fees collected for the analysis and testing of

6-4  antifreeze, as authorized by NRS 561.305, and as are necessary

6-5  pursuant to the provisions of NRS 590.340 to 590.450, inclusive[.] ,

6-6  and section 1 of this act.

6-7  3.  Expenditures from the Agriculture Registration and

6-8  Enforcement Account may be made only to carry out the provisions

6-9  of this chapter, chapters 586, 588 and 590 of NRS and NRS

6-10  555.2605 to 555.460, inclusive.

6-11      Sec. 12.  This act becomes effective on July 1, 2003.

 

6-12  H