Date of enactment: April 5, 2024
2023 Assembly Bill 917 Date of publication*: April 6, 2024
2023 WISCONSIN ACT 271
AN ACT to create 100.435 of the statutes; relating to: the sale of counterfeit lighters and unsafe lighters.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 100.435 of the statutes is created to read:
100.435 Counterfeit and unsafe lighters. (1) DEFI-
NITIONS. In this section:
(a) “Counterfeit lighter” means a lighter that
infringes on an intellectual property right of a citizen of
the United States or a person that is protected by federal
or state intellectual property law.
(b) “Lighter” means any electrical or mechanical
device that operates using any type of fuel and that is
intended for use in igniting cigarettes, cigars, pipes, char-
coal or gas grills, or fireplaces.
(c) “Unsafe lighter” means any of the following:
1. A disposable or refillable cigarette, cigar, or pipe
lighter that does not comply with ASTM International
standard F400−20.
2. A utility, grill, or fireplace lighter, or a lighting rod
or gas match, that does not comply with ASTM Interna-
tional standard F2201−20.
(2) PROHIBITION. (a) No person may offer for sale or
sell, or offer a free sample of, a counterfeit lighter or
unsafe lighter in this state.
(b) The prohibition in par. (a) does not apply to any
of the following:
1. The interstate transportation of counterfeit lighters
or unsafe lighters that passes through this state.
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.
SECTION 2.0Effective date.
(1) This act takes effect on the first day of the 3rd
month beginning after publication.
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”