SB 870 California Senate · 2025-2026 Regular Session

Fuel-burning portable devices.

Summary

Existing law prohibits a person from selling, offering for sale, or distributing cigarette lighters that do not comply with standards adopted by the State Fire Marshal with respect to safety features that prevent operation of the lighters by children 5 years of age or younger. This bill would prohibit, on and after January 1, 2027, a person from selling, offering for sale, or distributing in commerce in this state a fuel-burning portable device, as defined, manufactured on and after January 1, 2027, that does not comply with a specified safety standard of the American Society for Testing Materials. The bill would provide that a violation of this prohibition constitutes unfair competition and would subject a violation of this prohibition to enforcement under specified provisions of the Business and Professions Code.

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2026

Committee Review

Floor Vote

Governor

Introduced Jan 5, 2026 Last action May 14, 2026

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What changed between versions

03/10/26 - Amended Senate → SB870 · 7 edits

MODERATE

SB 870 was substantially revised to broaden and simplify its regulatory approach. The bill replaced its own detailed definition of 'tabletop liquid-fuel fire feature' with a broader term, 'fuel-burning portable device,' defined by reference to the ASTM F3363-25 standard itself. It also added a manufacturing-date limitation (only products made on or after January 1, 2027 are covered), removed an interstate transportation exemption, and added an explicit unfair competition enforcement mechanism under the Business and Professions Code.

SCOPE

The regulated product category was renamed from 'tabletop liquid-fuel fire feature' to 'fuel-burning portable device.' The bill no longer provides its own multi-part definition (open reservoir, pourable fuel, table-top placement) but instead defers entirely to the definition in ASTM F3363-25. This likely broadens coverage beyond just tabletop decorative units to any portable device covered by that standard.

A new manufacturing-date limitation was added: the prohibition applies only to fuel-burning portable devices manufactured on or after January 1, 2027. Products made before that date can still be sold.

DEFINITION

The detailed statutory definition of 'tabletop liquid-fuel fire feature' (requiring an open reservoir, consumer pouring/refilling capability, and table/countertop design) was removed. The new definition simply incorporates the ASTM standard's own definition of 'fuel-burning portable device.'

ELIGIBILITY

The interstate transportation exemption (which allowed unsafe products to be transported across state lines even if not sold in-state) was removed entirely.

ENFORCEMENT

A new enforcement provision was added stating that violations constitute unfair competition and are enforceable under Chapter 5 of Part 2 of Division 7 of the Business and Professions Code (commencing with Section 17200).

TECHNICAL

The referenced ASTM standard was updated from F3363-19 to F3363-25, and language was added to cover 'any update to that standard, or any successor ASTM standard,' ensuring the bill tracks future revisions automatically.

FISCAL

The fiscal committee designation changed from 'no' to 'yes,' indicating the bill now has a state-mandated local program or fiscal impact requiring committee review.

01/05/26 - Introduced → 03/10/26 - Amended Senate · 6 edits · Mar 10, 2026

MODERATE

The Senate amendment significantly expands SB 870 by adding a new prohibition on fuel-burning portable devices that do not meet the updated ASTM F3363-25 safety standard, and introduces an enforcement mechanism through California's Unfair Competition Law. The bill now covers devices manufactured on or after January 1, 2027, and defines the regulated product by reference to the ASTM standard itself rather than solely through a detailed statutory definition. A fiscal committee review is now required.

SCOPE

A new section prohibits selling, offering for sale, or distributing in commerce in this state any fuel-burning portable device that does not comply with ASTM F3363-25 (or any update or successor standard). This is broader than the original bill's focus on 'tabletop liquid-fuel fire features' defined by specific statutory criteria.

ENFORCEMENT

Violations of the new prohibition now constitute unfair competition and are subject to enforcement under Chapter 5 of Part 2 of Division 7 of the Business and Professions Code (the Unfair Competition Law, starting at Section 17200). The original bill had no specified enforcement mechanism.

REQUIREMENT

The new section applies only to fuel-burning portable devices manufactured on or after January 1, 2027, adding a manufacturing-date trigger that the original bill did not include (the original only set a sales prohibition date).

DEFINITION

The term 'fuel-burning portable device' is defined by reference to the ASTM F3363-25 standard itself rather than through a detailed statutory definition. The Part 9 title is expanded to include both 'Tabletop Liquid-Fuel Fire Features' and 'Fuel-Burning Portable Devices.'

TECHNICAL

The referenced ASTM standard is updated from F3363-19 to F3363-25 in the new provision and legislative findings, reflecting a newer version of the safety specification.

FISCAL

The fiscal committee review requirement changed from 'no' to 'yes,' indicating the amendment triggers a state fiscal impact analysis that was not needed for the original bill.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 14, 2026

Upper · Passed

May 14 hearing: Held in committee and under submission.

upper

Apr 15, 2026

Upper · Passed

From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 12. Noes 0. Page 3867.) (April 14). Re-referred to Com. on APPR.

upper

Apr 8, 2026

Committee

Re-referred to Com. on JUD.

upper

Mar 24, 2026

Upper · Passed

From committee: Do pass and re-refer to Com. on RLS. with recommendation: To consent calendar. (Ayes 8. Noes 0. Page 3657.) (March 24). Re-referred to Com. on RLS.

upper

Mar 10, 2026

Upper · Passed

From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.M.

upper

Feb 18, 2026

Committee

Referred to Com. on E.M.

upper

Jan 5, 2026

Introduced

Introduced. Read first time. To Com. on RLS. for assignment. To print.

upper

1 primary · 0 co-sponsors