An Act To Prohibit the Retail Sale and Distribution of Novelty Lighters

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  novelty lighters have features that are attractive to children, including visual effects, flashing lights, musical sounds and toy-like designs; and

Whereas,  the federal Consumer Product Safety Commission has recalled thousands of novelty lighters since 1996 due to their danger to public safety; and

Whereas,  fire setting by juveniles has been identified as the fastest growing fire threat in the United States, with more than 300 people killed annually, 30% of whom are children, and almost $1 billion in property destroyed; and

Whereas,  in Maine, fire setting by juveniles has resulted in several deaths and millions of dollars in property damage and destruction; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Sec. 1. 25 MRSA §2467  is enacted to read:

§ 2467.  Retail sale and distribution of novelty lighters prohibited

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

summary

This bill prohibits a person from selling or distributing for retail sale in Maine novelty lighters, which are lighters that are designed to appear to be a toy, feature a flashing light or make musical sounds. Violation is a civil infraction.