Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0343 Compare Versions

Version 1 (Old)

Version 2 (New)

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6		-	J&Ute&See Settaie
7		-	PUBLIC CHAPTER NO. 20
8		-	SENATE BILL NO. 512
	1	+
	2	+	SENATE BILL 512
9	3		By Bailey
10		-	Substituted for: House Bill No. 343
11		-	By Capley, Lamberth, Todd, Vital
12		-	AN ACT to amend Tennessee Code Annotated, Title 39 and Title 47, relative to lighters.
	4	+
	5	+	HOUSE BILL 343
	6	+	By Capley
	7	+
	8	+
	9	+	HB0343
	10	+	001977
	11	+	- 1 -
	12	+
	13	+	AN ACT to amend Tennessee Code Annotated, Title 39
	14	+	and Title 47, relative to lighters.
	15	+
13	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
14		-	SECTION 1. Tennessee Code Annotated, Title 47, Chapter 18, Part 1, is amended by ~~adding~~
15		-	the following as a new section:
	17	+	SECTION 1. Tennessee Code Annotated, Title 47, Chapter 18, Part 1, is amended by
	18	+	adding the following as a new section:
16	19		47-18-136.
17	20		(a) As used in this section:
18	21		(1) "Counterfeit lighter" means a lighter that infringes on an intellectual
19		-	property right of a citizen of the United States or a person who is protected by ~~federal~~
20		-	or state intellectual property law;
21		-	(2) "Lighter" means any electrical or mechanical device that operates ~~using~~
22		-	any type of fuel and is intended for use in igniting cigarettes, cigars, pipes, ~~charcoal~~
23		-	or gas grills, or fireplaces; and
	22	+	property right of a citizen of the United States or a person who is protected by
	23	+	federal or state intellectual property law;
	24	+	(2) "Lighter" means any electrical or mechanical device that operates
	25	+	using any type of fuel and is intended for use in igniting cigarettes, cigars, pipes,
	26	+	charcoal or gas grills, or fireplaces; and
24	27		(3) "Unsafe lighter" means any of the following:
25		-	(A) A disposable or refillable cigarette, cigar, or pipe lighter that ~~does~~
26		-	not comply with American Society for Testing and Materials (ASTM) ~~standard~~
27		-	F400-20; or
28		-	(B) A utility, grill, or fireplace lighter, or a lighting rod or gas ~~match, that~~
29		-	does not comply with ASTM standard F2201-20.
30		-	(b) A person shall not offer for sale, sell, or offer a free sample of a counterfeit ~~lighter~~
31		-	or unsafe lighter.
	28	+	(A) A disposable or refillable cigarette, cigar, or pipe lighter that
	29	+	does not comply with American Society for Testing and Materials (ASTM)
	30	+	standard F400-20; or
	31	+	(B) A utility, grill, or fireplace lighter, or a lighting rod or gas
	32	+	match, that does not comply with ASTM standard F2201-20.
	33	+	(b) A person shall not offer for sale, sell, or offer a free sample of a counterfeit
	34	+	lighter or unsafe lighter.
32	35		(c) Subsection (b) does not apply to:
33		-	(1) The interstate transportation of counterfeit lighters or unsafe lighters that
34		-	pass through this state; or
35		-	(2) The storage of counterfeit lighters or unsafe lighters in a warehouse or
36		-	distribution center in this state if the warehouse or distribution center is not open to
37		-	the public for the purposes of retail sale or distribution.
38		-	• • (d) A violation of this section constitutes an unfair or deceptive act prohibited under§
39		-	•• 47-18-104, and is punishable as provided in this part.
40		-	SECTION 2. Tennessee Code Annotated, Section 47-18-104(b), is amended by adding the
41		-	following as a new subdivision:
42		-	()Violating§ 47-18-136; SB 512
43		-	SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it, and applies to
44		-	conduct occurring on or after that date.
45		-	2 PASSED:
46		-	APPROVED this
47		-	SENATE BILL NO. 512
48		-	March 3, 2025
49		-	<:::::.
50		-	RANDY McNA\.L Y
51		-	SPEAKER OF THE SEN~TE
52		-	CAM~SEXTON,SPEAKER
53		-	HOUSE OF REPRESENTATIVES
54		-	l~tj... day of ~M 2025
55		-	•
56		-	-:E, GOVERNOR
	36	+
	37	+
	38	+	- 2 - 001977
	39	+
	40	+	(1) The interstate transportation of counterfeit lighters or unsafe lighters
	41	+	that pass through this state; or
	42	+	(2) The storage of counterfeit lighters or unsafe lighters in a warehouse
	43	+	or distribution center in this state if the warehouse or distribution center is not
	44	+	open to the public for the purposes of retail sale or distribution.
	45	+	(d) A violation of this section constitutes an unfair or deceptive act prohibited
	46	+	under § 47-18-104, and is punishable as provided in this part.
	47	+	SECTION 2. Tennessee Code Annotated, Section 47-18-104(b), is amended by adding
	48	+	the following as a new subdivision:
	49	+	( ) Violating § 47-18-136;
	50	+	SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it, and
	51	+	applies to conduct occurring on or after that date.