Novelty lighters.

Existing law requires the State Fire Marshal to specify standards for the design of cigarette lighters. Existing law prohibits a person from selling, offering for sale, or distributing a cigarette lighter that does not comply with those standards. A violation of these provisions is an infraction. This bill would, in addition, prohibit a person, including a manufacturer, distributor, importer, or retailer, from selling, offering for sale, distributing, or offering for promotion an operable novelty lighter. The bill would define a novelty lighter as a mechanical or electrical device, operating on any type of fuel, that is typically used for lighting cigarettes, cigars, or pipes and that (1) is designed to appear to be a toy, (2) has entertaining audio or visual effects, or (3) resembles in physical form or function articles commonly recognized as appealing to, or intended for use by, persons under 12 years of age. The bill would exempt from these provisions a device that is (1) manufactured before January 1, 1980, (2) incapable of being fueled or lacking a means of combustion, (3) used primarily to ignite fuel for fireplaces or grills, or (4) printed or decorated with logos, labels, decals, artwork, or heat shrinkable sleeves. A violation of this prohibition would be an infraction. By creating a new crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.