§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).