BILL ANALYSIS THIRD READING AB 1550 O'Connell (D), et al 8/26/93 in Senate 21 48-23, p. 2458, 6/9/93 SUBJECT: Automotive products SOURCE: Author ____________________________________________________________________________ DIGEST: This bill requires the inclusion of bittering agents in šautomotive products. ANALYSIS: Existing law requires the Department of Food and Agriculture što establish specifications for engine coolants or antifreeze, and šprediluted engine coolants or prediluted antifreeze, that promote the špublic safety in the operation of motor vehicles. This bill would require any engine coolant or antifreeze that is (1) sold šin this state after July l, l995, (2) manufactured after January l, l995, šand (3) contains more than 10 percent ethylene glycol, shall include šDenatonium Benzoate-NF at 30 parts per million as a bittering agent so as što render it unpalatable, or another aversive bittering agent. This bill also requires any windshield or window washer fluid that is (1) šsold in this state after July l, l995, and (2) manufactured after January šl, l995, shall contain Denatonium Benzoate-NF at 30 parts per million as a šbittering agent within the product so as to render it unpalatable, or šanother aversive agent. This bill also would redefine "automotive product" to include windshield or šwindow washer fluid. This bill requires manufacturers or packagers to certify in writing to the šDivision of Measurement Standards of the Department of Food and Agriculture šthe trade name, scientific name, and active ingredients used in engine šcoolants, antifreeze, and automotive products. Comments The Department of Food and Agriculture (DFA) currently establishes šspecifications and labeling standards for engine coolants (a.k.a. šantifreeze), automatic transmission fluid and brake fluid. DFA currently štests approximately 200 random samples of these products to determine if šthey meet these specifications. According to the Senate Business and Professions Committee: Bittering Agents Bittering agents are a group of chemically dissimilar compounds that have a šcommon trait of adding a bitter taste to substances. Chemicals considered što be bittering agents include denatonium salts, sucrose octaacetate, šquinine, flavonoids, and quassinoids. Many of these chemicals or classes šof chemicals are approved as alcohol denaturants (making ethyl alcohol šunfit for consumption) in the United States. According to the Consumer Product Safety Commission, the optimal aversive šagent should have a margin of safety between the amount used to bitter a šproduct and the toxic level. The "taste threshold" is defined as the šamount of chemical perceived as bitter by humans. The amount of the šbittering agent needed to make a substance unpalatable is higher than the šthreshold amount. The concentration of denatonium benzoate used as an aversive agent is much šlower than the level associated with toxic levels. U.S. Consumer Product Safety Commission: Study of Aversive Agents The Consumer Product Safety Improvement Act of 1990 (P.L. 101-608, 104 šStat. 3110) directed the Consumer Product Safety Commission (CPSC) to šconduct a study of requiring manufacturers of consumer products to include šaversive agents, as appropriate, in products which present a hazard if šingested to determine the potential effectiveness of the aversive agents in šdeterring ingestions. The CPSC study concluded and recommended that the use of aversive agents šshould not be required due to the lack of efficacy data. In addition, the šCPSC recommended against the promotion and use of aversive agents as an šalternative to child-resistant packaging and other proven effective means šof reducing injuries and deaths from ingestion of hazardous products. The šCPSC concluded that the toxicity profile of denatonium benzoate is not šcomplete and that there is limited information on chronic human exposure šand no inhalation toxicity and teratogenicity data are available. In šaddition, the CPSC concluded that denatonium benzoate does not appear to štotally biodegrade; the environmental impact of widespread use of this šbittering agent is unknown. CONTINUED AB 1550 Page 3 Of importance is the CPSC's conclusion that although the results of šlaboratory tests indicate that the average amount of denatonium benzoate- šcontaining solutions consumed by children is significantly less than the šcontrol solution, there is no direct evidence that denatonium benzoate or šany other possible aversive agent is effective at limiting ingestion of šconsumer products in the home environment. Poison Control Center Report According to annual reports of the American Association of Poison Control šCenters, over a five-year period (l984-89), ethylene glycol ingestions šincreased particularly in adults. In 1989, ingestions numbered about 2,500 šof which 15 to 20 were major exposures and five to six resulted in death. šMost exposures were accidental. Methanol ingestions also increased during šthat same five-year period and in l989 numbered approximately 1,000 of šwhich 30 were major exposures and three deaths resulted. The majority of šexposures to methanol were accidental. In addition, there were no deaths in children under the age of six due to šingestion of ethylene glycol in the last 10 years. FISCAL EFFECT: Appropriation: No Fiscal Committee: Yes Local: No According to the Senate Appropriations Committee: Fiscal Impact (in thousands) Major Provisions 1993-94 1994-95 1995-96 Fund Bittering agent $70 AF* Expand definition of -- unknown -- AF* automotive product *Agriculture Fund SUPPORT: (Verified 8/26/93) California Association of Regional Poison Centers Doris Day Animal League Consumer's Union Children's Advocacy Institute California Children's Lobby Sierra Club Contra Costa Humane Society Automotive Trade Organizations of California/Southern California Service šStation Association Fleetguard, Inc. Physicians Committee for Responsible Medicine California Medical Association Humane Society of the United States Los Angeles SPCA CONTINUED AB 1550 Page 4 American Academy of Pediatrics California Veterinary Medical Association The Fund for Animals, Inc. Union of American Physicians and Dentists (committee analysis) American Medical Association American College of Emergency Physicians, California Chapter California District of American Academy of Pediatrics U.S. Fish and Wildlife Service Hoffman Bros. Management California Federation for Animal Legislation California Trial Lawyers Association Environmental Defense Fund Forensic Laboratory Services Defenders of Wildlife OPPOSITION: (Verified 8/27/93) California Chamber of Commerce Chemical Specialities Manufacturers Association Ford Motor Company Texaco, Inc. (committee analysis) California Manufacturers Association Chemical Industry Council of California First Brands Corporation ARGUMENTS IN SUPPORT: According to the author, ethylene glycol-based šantifreeze tastes sweet and ingestion is believed to have caused the špoisoning of numerous animals and children as well as the death of one of šthe few remaining California condors. The author claims that the addition šof a bittering agent will make the product unpalatable. ARGUMENTS IN OPPOSITION: Opposition to this bill raises the following šproduct safety issues: 1. At the present time, the positive effects of such bittering agents in consumer products are uncertain. 2. The Consumer Product Safety Commission study of aversive agents recommends that the use of aversive agents not be required due to the lack of efficacy data. 3. Lack of toxicology data on any aversive agents. 4. Serious concerns regarding the thermal degradation of denatonium benzoate (e.g., suspect carcinogens). ASSEMBLY FLOOR VOTE: CONTINUED AB 1550 Page 5 CP:ctl 8/27/93 Senate Floor Analyses CONTINUED