Antifreeze Bittering Act of 2005

Antifreeze Bittering Act of 2006 - Amends the Federal Hazardous Substances Act to require the Consumer Product Safety Commission (CPSC) to: (1) commence, in cooperation with the Environmental Protection Agency (EPA) and state officials, an evaluation to determine whether there is evidence that the use of the bittering agent denatonium benzoate in engine coolant or antifreeze has an unreasonable adverse effect on the environment; (2) complete such evaluation within 180 days; and (3) publish its findings in the Federal Register.

Requires engine coolant or antifreeze that is manufactured 180 days or more after publication of the Commission's findings and that contains more than 10% ethylene glycol to include a specified concentration of denatonium benzoate to render the coolant or antifreeze unpalatable unless the Commission finds evidence that denatonium benzoate has an unreasonable adverse effect on the environment. Allows the Commission to permit use of an alternative bittering agent in lieu of denatonium benzoate if the Commission finds: (1) that such alternative is as effective as denatonium benzoate; and (2) in cooperation with EPA, that there is no evidence of an unreasonable adverse environmental effect.

Defines the term "unreasonable adverse effect on the environment" to mean an unreasonable risk to human health or the environment, taking into account the economic, social, and environmental costs and benefits.

Deems any engine coolant or antifreeze that is not in compliance with this Act to be a banned hazardous substance.

Requires a coolant or antifreeze manufacturer to maintain records of active ingredients of bittering agents.

Limits the liability of manufacturers, processors, distributors, recyclers, or sellers of engine coolant or antifreeze related to the inclusion of denatonium benzoate in compliance with this Act. Declares that the Act does not exempt manufactures or distributors of denatonium benzoate or an alternative bittering agent from liability related to such additive.

Preempts state or local laws that impose different requirements relating to the inclusion of a bittering agent in engine coolant or antifreeze with respect to retail containers containing less than 55 gallons. Declares this Act inapplicable to: (1) the sale of a motor vehicle that contains engine coolant or antifreeze; or (2) wholesale containers of 55 gallons or more of engine coolant or antifreeze.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov