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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 793Introduced by Senator ArchuletaFebruary 21, 2025 An act to add Part 7.5 (commencing with Section 14945) to Division 12 of the Health and Safety Code, relating to public safety. LEGISLATIVE COUNSEL'S DIGESTSB 793, as introduced, Archuleta. Public safety: lighters: standards: prohibition.Existing law requires the State Fire Marshal to specify standards for the design of cigarette lighters using an 80% acceptance criterion with respect to safety features that prevent operation of the lighters by children 5 years of age or younger. Existing law prohibits a person from selling, offering for sale, or distributing a cigarette lighter that does not comply with those standards.This bill would prohibit a person from selling, offering for sale, or distributing a lighter, as defined, that does not comply with specified ASTM International standards or that infringes on certain intellectual property rights, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Part 7.5 (commencing with Section 14945) is added to Division 12 of the Health and Safety Code, to read:PART 7.5. Counterfeit Lighters14945. (a) (1) Subject to paragraph (2), no person shall sell, offer for sale, or distribute a counterfeit lighter or an unsafe lighter.(2) Paragraph (1) does not apply to either of the following:(A) The interstate transportation of counterfeit lighters or unsafe lighters.(B) The storage of counterfeit lighters or unsafe lighters in a warehouse or distribution center in this state if the warehouse or distribution center is not open to the public for the purposes of retail sale or distribution.(b) For purposes of this section, the following definitions apply:(1) Counterfeit lighter means a lighter that infringes on an intellectual property right of a citizen of the United States or a person that is protected by federal or state intellectual property law.(2) Lighter means an electrical or mechanical device that operates using any type of fuel and that is intended for use in igniting a cigar, cigarette, fireplace, grill, pipe, or utility.(3) Unsafe lighter means either of the following:(A) A lighter that does not comply with ASTM International standard F400-20 and that is intended for use in igniting a cigar, cigarette, or pipe.(B) A lighter that does not comply with ASTM International standard F2201-20 and that is intended for use in igniting a fireplace, grill or utility. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 793Introduced by Senator ArchuletaFebruary 21, 2025 An act to add Part 7.5 (commencing with Section 14945) to Division 12 of the Health and Safety Code, relating to public safety. LEGISLATIVE COUNSEL'S DIGESTSB 793, as introduced, Archuleta. Public safety: lighters: standards: prohibition.Existing law requires the State Fire Marshal to specify standards for the design of cigarette lighters using an 80% acceptance criterion with respect to safety features that prevent operation of the lighters by children 5 years of age or younger. Existing law prohibits a person from selling, offering for sale, or distributing a cigarette lighter that does not comply with those standards.This bill would prohibit a person from selling, offering for sale, or distributing a lighter, as defined, that does not comply with specified ASTM International standards or that infringes on certain intellectual property rights, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
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| 5 | - | Amended IN Senate March 24, 2025 | |
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| 7 | - | Amended IN Senate March 24, 2025 | |
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| 7 | + | ||
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| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
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| 11 | 11 | Senate Bill | |
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| 13 | 13 | No. 793 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Senator ArchuletaFebruary 21, 2025 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Senator Archuleta | |
| 18 | 18 | February 21, 2025 | |
| 19 | 19 | ||
| 20 | 20 | An act to add Part 7.5 (commencing with Section 14945) to Division 12 of the Health and Safety Code, relating to public safety. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | SB 793, as | |
| 26 | + | SB 793, as introduced, Archuleta. Public safety: lighters: standards: prohibition. | |
| 27 | 27 | ||
| 28 | 28 | Existing law requires the State Fire Marshal to specify standards for the design of cigarette lighters using an 80% acceptance criterion with respect to safety features that prevent operation of the lighters by children 5 years of age or younger. Existing law prohibits a person from selling, offering for sale, or distributing a cigarette lighter that does not comply with those standards.This bill would prohibit a person from selling, offering for sale, or distributing a lighter, as defined, that does not comply with specified ASTM International standards or that infringes on certain intellectual property rights, as specified. | |
| 29 | 29 | ||
| 30 | 30 | Existing law requires the State Fire Marshal to specify standards for the design of cigarette lighters using an 80% acceptance criterion with respect to safety features that prevent operation of the lighters by children 5 years of age or younger. Existing law prohibits a person from selling, offering for sale, or distributing a cigarette lighter that does not comply with those standards. | |
| 31 | 31 | ||
| 32 | 32 | This bill would prohibit a person from selling, offering for sale, or distributing a lighter, as defined, that does not comply with specified ASTM International standards or that infringes on certain intellectual property rights, as specified. | |
| 33 | 33 | ||
| 34 | 34 | ## Digest Key | |
| 35 | 35 | ||
| 36 | 36 | ## Bill Text | |
| 37 | 37 | ||
| 38 | - | The people of the State of California do enact as follows:SECTION 1. Part 7.5 (commencing with Section 14945) is added to Division 12 of the Health and Safety Code, to read:PART 7.5. Counterfeit Lighters14945. (a) (1) Subject to paragraph (2), no person shall sell, offer for sale, or distribute a counterfeit lighter or an unsafe lighter.(2) Paragraph (1) does not apply to either of the following:(A) The interstate transportation of counterfeit lighters or unsafe lighters.(B) The storage of counterfeit lighters or unsafe lighters in a warehouse or distribution center in this state if the warehouse or distribution center is not open to the public for the purposes of retail sale or distribution.(b) For purposes of this section, the following definitions apply:(1) Counterfeit lighter means a lighter that infringes on an intellectual property right of a citizen of the United States or a person that is protected by federal or state intellectual property law.(2) Lighter means an electrical or mechanical device that operates using any type of fuel and that is intended for use in igniting a cigar, cigarette, fireplace, grill, pipe, or utility.(3) Unsafe lighter means either of the following:(A) A lighter that does not comply with ASTM International standard F400-20 | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Part 7.5 (commencing with Section 14945) is added to Division 12 of the Health and Safety Code, to read:PART 7.5. Counterfeit Lighters14945. (a) (1) Subject to paragraph (2), no person shall sell, offer for sale, or distribute a counterfeit lighter or an unsafe lighter.(2) Paragraph (1) does not apply to either of the following:(A) The interstate transportation of counterfeit lighters or unsafe lighters.(B) The storage of counterfeit lighters or unsafe lighters in a warehouse or distribution center in this state if the warehouse or distribution center is not open to the public for the purposes of retail sale or distribution.(b) For purposes of this section, the following definitions apply:(1) Counterfeit lighter means a lighter that infringes on an intellectual property right of a citizen of the United States or a person that is protected by federal or state intellectual property law.(2) Lighter means an electrical or mechanical device that operates using any type of fuel and that is intended for use in igniting a cigar, cigarette, fireplace, grill, pipe, or utility.(3) Unsafe lighter means either of the following:(A) A lighter that does not comply with ASTM International standard F400-20 and that is intended for use in igniting a cigar, cigarette, or pipe.(B) A lighter that does not comply with ASTM International standard F2201-20 and that is intended for use in igniting a fireplace, grill or utility. | |
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| 40 | 40 | The people of the State of California do enact as follows: | |
| 41 | 41 | ||
| 42 | 42 | ## The people of the State of California do enact as follows: | |
| 43 | 43 | ||
| 44 | - | SECTION 1. Part 7.5 (commencing with Section 14945) is added to Division 12 of the Health and Safety Code, to read:PART 7.5. Counterfeit Lighters14945. (a) (1) Subject to paragraph (2), no person shall sell, offer for sale, or distribute a counterfeit lighter or an unsafe lighter.(2) Paragraph (1) does not apply to either of the following:(A) The interstate transportation of counterfeit lighters or unsafe lighters.(B) The storage of counterfeit lighters or unsafe lighters in a warehouse or distribution center in this state if the warehouse or distribution center is not open to the public for the purposes of retail sale or distribution.(b) For purposes of this section, the following definitions apply:(1) Counterfeit lighter means a lighter that infringes on an intellectual property right of a citizen of the United States or a person that is protected by federal or state intellectual property law.(2) Lighter means an electrical or mechanical device that operates using any type of fuel and that is intended for use in igniting a cigar, cigarette, fireplace, grill, pipe, or utility.(3) Unsafe lighter means either of the following:(A) A lighter that does not comply with ASTM International standard F400-20 | |
| 44 | + | SECTION 1. Part 7.5 (commencing with Section 14945) is added to Division 12 of the Health and Safety Code, to read:PART 7.5. Counterfeit Lighters14945. (a) (1) Subject to paragraph (2), no person shall sell, offer for sale, or distribute a counterfeit lighter or an unsafe lighter.(2) Paragraph (1) does not apply to either of the following:(A) The interstate transportation of counterfeit lighters or unsafe lighters.(B) The storage of counterfeit lighters or unsafe lighters in a warehouse or distribution center in this state if the warehouse or distribution center is not open to the public for the purposes of retail sale or distribution.(b) For purposes of this section, the following definitions apply:(1) Counterfeit lighter means a lighter that infringes on an intellectual property right of a citizen of the United States or a person that is protected by federal or state intellectual property law.(2) Lighter means an electrical or mechanical device that operates using any type of fuel and that is intended for use in igniting a cigar, cigarette, fireplace, grill, pipe, or utility.(3) Unsafe lighter means either of the following:(A) A lighter that does not comply with ASTM International standard F400-20 and that is intended for use in igniting a cigar, cigarette, or pipe.(B) A lighter that does not comply with ASTM International standard F2201-20 and that is intended for use in igniting a fireplace, grill or utility. | |
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| 46 | 46 | SECTION 1. Part 7.5 (commencing with Section 14945) is added to Division 12 of the Health and Safety Code, to read: | |
| 47 | 47 | ||
| 48 | 48 | ### SECTION 1. | |
| 49 | 49 | ||
| 50 | - | PART 7.5. Counterfeit Lighters14945. (a) (1) Subject to paragraph (2), no person shall sell, offer for sale, or distribute a counterfeit lighter or an unsafe lighter.(2) Paragraph (1) does not apply to either of the following:(A) The interstate transportation of counterfeit lighters or unsafe lighters.(B) The storage of counterfeit lighters or unsafe lighters in a warehouse or distribution center in this state if the warehouse or distribution center is not open to the public for the purposes of retail sale or distribution.(b) For purposes of this section, the following definitions apply:(1) Counterfeit lighter means a lighter that infringes on an intellectual property right of a citizen of the United States or a person that is protected by federal or state intellectual property law.(2) Lighter means an electrical or mechanical device that operates using any type of fuel and that is intended for use in igniting a cigar, cigarette, fireplace, grill, pipe, or utility.(3) Unsafe lighter means either of the following:(A) A lighter that does not comply with ASTM International standard F400-20 | |
| 50 | + | PART 7.5. Counterfeit Lighters14945. (a) (1) Subject to paragraph (2), no person shall sell, offer for sale, or distribute a counterfeit lighter or an unsafe lighter.(2) Paragraph (1) does not apply to either of the following:(A) The interstate transportation of counterfeit lighters or unsafe lighters.(B) The storage of counterfeit lighters or unsafe lighters in a warehouse or distribution center in this state if the warehouse or distribution center is not open to the public for the purposes of retail sale or distribution.(b) For purposes of this section, the following definitions apply:(1) Counterfeit lighter means a lighter that infringes on an intellectual property right of a citizen of the United States or a person that is protected by federal or state intellectual property law.(2) Lighter means an electrical or mechanical device that operates using any type of fuel and that is intended for use in igniting a cigar, cigarette, fireplace, grill, pipe, or utility.(3) Unsafe lighter means either of the following:(A) A lighter that does not comply with ASTM International standard F400-20 and that is intended for use in igniting a cigar, cigarette, or pipe.(B) A lighter that does not comply with ASTM International standard F2201-20 and that is intended for use in igniting a fireplace, grill or utility. | |
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| 52 | - | PART 7.5. Counterfeit Lighters14945. (a) (1) Subject to paragraph (2), no person shall sell, offer for sale, or distribute a counterfeit lighter or an unsafe lighter.(2) Paragraph (1) does not apply to either of the following:(A) The interstate transportation of counterfeit lighters or unsafe lighters.(B) The storage of counterfeit lighters or unsafe lighters in a warehouse or distribution center in this state if the warehouse or distribution center is not open to the public for the purposes of retail sale or distribution.(b) For purposes of this section, the following definitions apply:(1) Counterfeit lighter means a lighter that infringes on an intellectual property right of a citizen of the United States or a person that is protected by federal or state intellectual property law.(2) Lighter means an electrical or mechanical device that operates using any type of fuel and that is intended for use in igniting a cigar, cigarette, fireplace, grill, pipe, or utility.(3) Unsafe lighter means either of the following:(A) A lighter that does not comply with ASTM International standard F400-20 | |
| 52 | + | PART 7.5. Counterfeit Lighters14945. (a) (1) Subject to paragraph (2), no person shall sell, offer for sale, or distribute a counterfeit lighter or an unsafe lighter.(2) Paragraph (1) does not apply to either of the following:(A) The interstate transportation of counterfeit lighters or unsafe lighters.(B) The storage of counterfeit lighters or unsafe lighters in a warehouse or distribution center in this state if the warehouse or distribution center is not open to the public for the purposes of retail sale or distribution.(b) For purposes of this section, the following definitions apply:(1) Counterfeit lighter means a lighter that infringes on an intellectual property right of a citizen of the United States or a person that is protected by federal or state intellectual property law.(2) Lighter means an electrical or mechanical device that operates using any type of fuel and that is intended for use in igniting a cigar, cigarette, fireplace, grill, pipe, or utility.(3) Unsafe lighter means either of the following:(A) A lighter that does not comply with ASTM International standard F400-20 and that is intended for use in igniting a cigar, cigarette, or pipe.(B) A lighter that does not comply with ASTM International standard F2201-20 and that is intended for use in igniting a fireplace, grill or utility. | |
| 53 | 53 | ||
| 54 | 54 | PART 7.5. Counterfeit Lighters | |
| 55 | 55 | ||
| 56 | 56 | PART 7.5. Counterfeit Lighters | |
| 57 | 57 | ||
| 58 | - | 14945. (a) (1) Subject to paragraph (2), no person shall sell, offer for sale, or distribute a counterfeit lighter or an unsafe lighter.(2) Paragraph (1) does not apply to either of the following:(A) The interstate transportation of counterfeit lighters or unsafe lighters.(B) The storage of counterfeit lighters or unsafe lighters in a warehouse or distribution center in this state if the warehouse or distribution center is not open to the public for the purposes of retail sale or distribution.(b) For purposes of this section, the following definitions apply:(1) Counterfeit lighter means a lighter that infringes on an intellectual property right of a citizen of the United States or a person that is protected by federal or state intellectual property law.(2) Lighter means an electrical or mechanical device that operates using any type of fuel and that is intended for use in igniting a cigar, cigarette, fireplace, grill, pipe, or utility.(3) Unsafe lighter means either of the following:(A) A lighter that does not comply with ASTM International standard F400-20 | |
| 58 | + | 14945. (a) (1) Subject to paragraph (2), no person shall sell, offer for sale, or distribute a counterfeit lighter or an unsafe lighter.(2) Paragraph (1) does not apply to either of the following:(A) The interstate transportation of counterfeit lighters or unsafe lighters.(B) The storage of counterfeit lighters or unsafe lighters in a warehouse or distribution center in this state if the warehouse or distribution center is not open to the public for the purposes of retail sale or distribution.(b) For purposes of this section, the following definitions apply:(1) Counterfeit lighter means a lighter that infringes on an intellectual property right of a citizen of the United States or a person that is protected by federal or state intellectual property law.(2) Lighter means an electrical or mechanical device that operates using any type of fuel and that is intended for use in igniting a cigar, cigarette, fireplace, grill, pipe, or utility.(3) Unsafe lighter means either of the following:(A) A lighter that does not comply with ASTM International standard F400-20 and that is intended for use in igniting a cigar, cigarette, or pipe.(B) A lighter that does not comply with ASTM International standard F2201-20 and that is intended for use in igniting a fireplace, grill or utility. | |
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| 62 | 62 | 14945. (a) (1) Subject to paragraph (2), no person shall sell, offer for sale, or distribute a counterfeit lighter or an unsafe lighter. | |
| 63 | 63 | ||
| 64 | 64 | (2) Paragraph (1) does not apply to either of the following: | |
| 65 | 65 | ||
| 66 | 66 | (A) The interstate transportation of counterfeit lighters or unsafe lighters. | |
| 67 | 67 | ||
| 68 | 68 | (B) The storage of counterfeit lighters or unsafe lighters in a warehouse or distribution center in this state if the warehouse or distribution center is not open to the public for the purposes of retail sale or distribution. | |
| 69 | 69 | ||
| 70 | 70 | (b) For purposes of this section, the following definitions apply: | |
| 71 | 71 | ||
| 72 | 72 | (1) Counterfeit lighter means a lighter that infringes on an intellectual property right of a citizen of the United States or a person that is protected by federal or state intellectual property law. | |
| 73 | 73 | ||
| 74 | 74 | (2) Lighter means an electrical or mechanical device that operates using any type of fuel and that is intended for use in igniting a cigar, cigarette, fireplace, grill, pipe, or utility. | |
| 75 | 75 | ||
| 76 | 76 | (3) Unsafe lighter means either of the following: | |
| 77 | 77 | ||
| 78 | - | (A) A lighter that does not comply with ASTM International standard F400-20 | |
| 78 | + | (A) A lighter that does not comply with ASTM International standard F400-20 and that is intended for use in igniting a cigar, cigarette, or pipe. | |
| 79 | 79 | ||
| 80 | - | (B) A lighter that does not comply with ASTM International standard F2201-20 | |
| 80 | + | (B) A lighter that does not comply with ASTM International standard F2201-20 and that is intended for use in igniting a fireplace, grill or utility. |