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.
(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))