§2467. Retail sale and distribution of novelty lighters prohibited

1.  Definition.  For purposes of this section, "novelty lighter" means a mechanical or electrical device typically used for lighting cigarettes, cigars or pipes that is designed to appear to be a toy, feature a flashing light or make musical sounds. "Novelty lighter" does not include:

A. A lighter manufactured prior to January 1, 1980;   [PL 2007, c. 510, §1 (NEW).]

B. A lighter incapable of being fueled or lacking a device necessary to produce combustion or a flame; or   [PL 2007, c. 510, §1 (NEW).]

C. Any mechanical or electrical device primarily used to ignite fuel for fireplaces or for charcoal or gas grills.   [PL 2007, c. 510, §1 (NEW).]

[PL 2007, c. 510, §1 (NEW).]

2.  Prohibition; penalty.  A person may not sell at retail, offer for retail sale or distribute for retail sale or promotion in this State a novelty lighter. A person who violates this subsection commits a civil violation for which a fine of not more than $500 may be imposed.

[PL 2007, c. 510, §1 (NEW).]

3.  Exception.  The prohibition specified in subsection 2 does not apply to the transportation of novelty lighters through this State or the storage of novelty lighters in a warehouse or distribution center in this State that is closed to the public for purposes of retail sales.

[PL 2007, c. 510, §1 (NEW).]

4.  Enforcement.  This section may be enforced by the State Fire Marshal's Office; a state, county or municipal law enforcement officer; or a municipal code enforcement officer.

[PL 2007, c. 510, §1 (NEW).]

SECTION HISTORY

PL 2007, c. 510, §1 (NEW).