(at the request of House Interim Committee on Consumer Protection)
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Bill Title:
Relating to novelty lighters; and declaring an emergency.
Catchline/Summary:
Prohibits selling, offering for sale or distributing novelty lighters. Prohibits selling, offering for sale or distributing novelty lighters. Prohibits manufacture or importing of novelty lighters for purpose of sale or distribution in this state. Prohibits possession of novelty lighter in inventory for purposes of sale or distribution in this state. Applies to sales and distribution 91 days after effective date of Act. Applies to manufacture and import on or after effective date of Act. Creates exceptions for lighters manufactured before January 1, 1980, and for lighters permanently altered to prevent flame or other causes of combustion.
Makes violations subject to civil penalty, not to exceed $500 per day for retail seller or distributor, $1,000 per day for wholesaler or $10,000 per day for manufacturer or importer.
Authorizes State Fire Marshal to create and maintain list identifying lighters and classes or types of lighters that are novelty lighters. Makes State Fire Marshal listing of lighter as novelty lighter prima facie evidence lighter is novelty lighter.
Declares novelty lighter listed by State Fire Marshal to be contraband subject to seizure, forfeiture and destruction. Allows seizure, forfeiture and destruction of unlisted novelty lighter after finding grounds for imposing civil penalty. Becomes operative 91 days after effective date of Act.
Authorizes State Fire Marshal or representative to conduct inspections of facilities, inventory and business records related to manufacture, import, wholesale, storage, sale or distribution of lighters. Allows State Fire Marshal to enter into agreements for state or local agencies to act as representatives of State Fire Marshal.
Declares emergency, effective on passage.
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