<BillNo> <Sponsor>
HOUSE BILL 343
By Capley
HB0343
001977
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AN ACT to amend Tennessee Code Annotated, Title 39
and Title 47, relative to lighters.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 47, Chapter 18, Part 1, is amended by
adding the following as a new section:
47-18-136.
(a) As used in this section:
(1) "Counterfeit lighter" means a lighter that infringes on an intellectual
property right of a citizen of the United States or a person who is protected by
federal or state intellectual property law;
(2) "Lighter" means any electrical or mechanical device that operates
using any type of fuel and is intended for use in igniting cigarettes, cigars, pipes,
charcoal or gas grills, or fireplaces; and
(3) "Unsafe lighter" means any of the following:
(A) A disposable or refillable cigarette, cigar, or pipe lighter that
does not comply with American Society for Testing and Materials (ASTM)
standard F400-20; or
(B) A utility, grill, or fireplace lighter, or a lighting rod or gas
match, that does not comply with ASTM standard F2201-20.
(b) A person shall not offer for sale, sell, or offer a free sample of a counterfeit
lighter or unsafe lighter.
(c) Subsection (b) does not apply to:
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(1) The interstate transportation of counterfeit lighters or unsafe lighters
that pass through this state; or
(2) 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.
(d) A violation of this section constitutes an unfair or deceptive act prohibited
under § 47-18-104, and is punishable as provided in this part.
SECTION 2. Tennessee Code Annotated, Section 47-18-104(b), is amended by adding
the following as a new subdivision:
( ) Violating § 47-18-136;
SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it, and
applies to conduct occurring on or after that date.