(1) "Audio effects" includes music, animal sounds and whistles, buzzers, beepers or other noises not pertinent to the flame-producing function of the lighter.
(2) "Distribute" means to:
(a) Deliver to a person other than the purchaser; or
(b) Provide as part of a commercial promotion or as a prize or premium.
(3) "Importer" means a person who causes a lighter to enter this state from a manufacturing, wholesale, distribution or retail sales point outside this state, for the purpose of selling or distributing the lighter within this state or with the result that the lighter is sold or distributed within this state.
(4) "Lighter" means a handheld device of a type typically used for igniting tobacco products by use of a flame.
(5) "Misleading design" means that a lighter has a shape that resembles or imitates an object other than a lighter.
(6) "Novelty lighter":
(a) Means a lighter that has misleading design, audio effects or visual effects, or that has other features of a type that would reasonably be expected to make the lighter appealing or attractive to a child less than 10 years of age.
(b) Does not mean:
(A) A lighter manufactured before January 1, 1980; or
(B) A lighter that has been rendered permanently incapable of producing a flame or otherwise causing combustion.
(7) "Sell" means to provide or promise to provide to a wholesale, retail, mail-order or other purchaser in exchange for consideration.
(8) "Visual effect":
(a) Includes flashing lights, color-changing lights and changing images; and
(b) Does not include logos, decals, decorative artwork or heat-shrinkable sleeves. [2009 c.6 §1]
Note: 476.831 to 476.856 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.