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2023 - 2024 LEGISLATURE
2023 SENATE BILL 925
January 19, 2024 - Introduced by Senators TESTIN, FEYEN, SPREITZER, TAYLOR and
WANGGAARD, cosponsored by Representatives NOVAK, BILLINGS, DALLMAN,
DITTRICH, GUNDRUM, MURPHY, MURSAU, O'CONNOR, ORTIZ-VELEZ, ROZAR,
SCHMIDT, SINICKI and SUBECK. Referred to Committee on Shared Revenue,
Elections and Consumer Protection.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 100.435 of the statutes; relating to: the sale of counterfeit
lighters and unsafe lighters.
Analysis by the Legislative Reference Bureau
This bill prohibits the sale of counterfeit lighters and unsafe lighters.
Under the bill, “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, and “unsafe lighter” means a
disposable or refillable cigarette, cigar, or pipe lighter, a utility, grill, or fireplace
lighter, a lighting rod, or a gas match that does not comply with certain safety
standards.
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) DEFINITIONS. 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.
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SECTION 1 SENATE BILL 925
(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, charcoal
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 International 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.
(END)
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