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Regular Session, 2013
HOUSE BILL NO. 300
BY REPRESENTATIVE COX
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FIRE PROTECT/FIRE MARSHAL: Clarifies definition of lighter and novelty lighter
AN ACT1
To amend and reenact R.S. 40:1601(A) and to Repeal R.S. 40:1601(C)(3), relative to2
novelty lighters; to provide for definitions and application; and to provide for related3
matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:1601(A) is hereby amended and reenacted to read as follows: 6
ยง1601. Novelty lighters7
A. For the purposes of this Section, the following definitions shall apply8
unless otherwise indicated:9
(1) "Lighter" or "cigarette lighter" means a flame-producing product10
commonly used by consumers to ignite cigarettes, cigars, and pipes, although the11
lighter may be used to ignite other materials. The term does not include matches or12
any other lighting device intended primarily for igniting materials other than13
smoking materials, such as fuel for fireplaces or for charcoal or gas-fired grills.14
means flame-producing devices commonly used by consumers to ignite tobacco15
products and mechanical devices primarily used to ignite fuel for fireplaces or for16
charcoal or gas grills. The term does not include matches. This term includes17
novelty lighters.18
(2) "Novelty lighter" means a mechanical or electrical device typically used19
for the igniting or lighting of cigarettes, cigars, or pipes lighter that has a toylike20 HLS 13RS-966 ENGROSSED
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appearance, has entertaining audio or visual effects, or resembles in any way in form1
or function an item that is commonly recognized as appealing, attractive, or intended2
for use by young children, particularly those ten years of age or younger, including3
such a device that takes toylike physical forms, including but not limited to toy4
animals, cartoon characters, cars, boats, airplanes, common household items,5
weapons, cell phones, batteries, food, beverages, musical instruments, and watches6
or has flashing lights or other entertaining features. Novelty lighters may operate on7
any fuel, including butane or liquid fuel.8
* * *9
Section 2. R.S. 40:1601(C)(3) is hereby repealed in its entirety.10
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Cox HB No. 300
Abstract: Clarifies the definition of lighter and novelty lighter to include devices primarily
used to ignite fuel for fireplaces or charcoal or gas grills.
Present law prohibits the sale or distribution of certain novelty lighters. Defines "lighter"
as a flame-producing product commonly used to ignite cigarettes, cigars, and pipes and
specifies that the term does not include matches or other lighting devices used primarily for
igniting materials such as fuel for fireplaces or for charcoal or gas grills. Specifies that
"lighter" includes "novelty lighter". Defines "novelty lighter" as a device typically used for
igniting cigarettes, cigars, or pipes that has a toylike appearance, entertaining effects, or
resembles an item attractive to children 10 years of age or younger.
Proposed law changes present law definition of "lighter" to mean flame-producing devices
commonly used to ignite tobacco products and to include devices used to ignite fuel for
fireplaces or charcoal and gas grills.
Present law provides that the prohibition on novelty lighters does not apply to:
(1)Novelty lighters made before Jan. 1, 1980.
(2)Novelty lighters considered to be collectable items.
(3)Devices primarily used to ignite fuel for fireplaces or charcoal or gas grills.
(4)Lighters incapable of producing combustion or flame.
(5)The active transport of novelty lighters through the state.
(6)The storage of novelty lighters in warehouses or distribution centers in the state that
are closed to the public for purposes of retail sales. HLS 13RS-966 ENGROSSED
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(7)Wholesale or retail dealers selling existing inventory purchased prior to Aug. 15,
2009.
(8)Novelty lighters in compliance with federal law.
Proposed law deletes present law exemption for devices primarily used to ignite fuel for
fireplaces or charcoal or gas grills.
(Amends R.S. 40:1601(A); Repeals R.S. 40:1601(C)(3))