House Study Bill 299 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON BLOOMINGDALE) A BILL FOR An Act relating to the distribution of counterfeit and unsafe 1 lighters, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2950YC (2) 91 ss/ns
H.F. _____ Section 1. NEW SECTION . 101B.9 Counterfeit and unsafe 1 lighters. 2 1. For the purposes of this section: 3 a. Counterfeit lighter means a lighter that infringes 4 on an intellectual property right of a citizen of the United 5 States or a person that is protected by federal or state 6 intellectual property law. 7 b. Lighter means an electrical or mechanical device that 8 operates using any type of fuel and that is intended for use in 9 igniting cigarettes, cigars, pipes, charcoal or gas grills, or 10 fireplaces. 11 c. Unsafe lighter means any of the following: 12 (1) A disposable or refillable cigarette, cigar, or pipe 13 lighter that does not comply with ASTM (American society for 14 testing and materials) international standard F400-20, as 15 amended. 16 (2) A utility, candle, grill, or fireplace lighter, or 17 a lighting rod or gas match, that does not comply with ASTM 18 international standard F2201-20, as amended. 19 2. A person shall not sell or offer for sale, or offer a 20 free sample of, a counterfeit lighter or unsafe lighter in this 21 state. 22 3. This section does not apply to the interstate 23 transportation of counterfeit lighters or unsafe lighters that 24 pass through this state or the storage of counterfeit lighters 25 or unsafe lighters in a warehouse or distribution center in 26 this state, if the warehouse or distribution center is not open 27 to the public for the purposes of retail sale or distribution. 28 Sec. 2. Section 101B.10, subsection 1, Code 2025, is amended 29 to read as follows: 30 1. This chapter Sections 101B.1 through 101B.8 shall 31 cease to be applicable if federal fire safety standards for 32 cigarettes that preempt this chapter are enacted and take 33 effect subsequent to January 1, 2009, and the department shall 34 notify the secretary of state and the Code editor if such 35 -1- LSB 2950YC (2) 91 ss/ns 1/ 2
H.F. _____ federal fire safety standards for cigarettes are enacted. 1 However, section 101B.8 shall remain applicable for purposes of 2 penalties and enforcement associated with section 101B.9. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanations substance by the members of the general assembly. 6 This bill prohibits a person from selling, offering for 7 sale, or offering a free sample of a counterfeit or unsafe 8 lighter, defined in the bill, in this state. The bill does 9 not apply to counterfeit or unsafe lighters that pass through 10 this state as part of interstate commerce or counterfeit or 11 unsafe lighters that are stored in a warehouse or distribution 12 center in this state, if the warehouse or distribution center 13 is not open to the public for the purposes of retail sale or 14 distribution. The bill continues to apply if federal fire 15 safety standards for cigarettes that preempt Code chapter 101B 16 (cigarette fire safety standards) are enacted. 17 By operation of law, a violation of the bill is punishable 18 by a civil penalty of up to $1,000 for a first offense and up 19 to $5,000 for a second or subsequent offense, to be deposited 20 in the general fund of the state. A violation is subject to 21 a civil action by the department of inspections, appeals, and 22 licensing or the attorney general for injunctive relief or to 23 recover any costs or damages. 24 -2- LSB 2950YC (2) 91 ss/ns 2/ 2