Definitions.

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  • (1) "Audio effect" includes music, animal sounds, whistles, buzzers, or other noises not pertinent to the flame-producing function of the lighter.
  • (2)
    • (a) "Distribute" means to:
      • (i) deliver to a person other than the purchaser; or
      • (ii) provide as part of a commercial promotion or as a prize or premium.
    • (b) "Distribute" does not include providing as a personal gift.
  • (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:
    • (a) for the purpose of selling or distributing the lighter within this state; or
    • (b) with the result that the lighter is sold or distributed within this state.
  • (4) "Lighter" means a handheld mechanical device of a type typically used for igniting tobacco products by use of a flame.
  • (5) "Misleading design" means a lighter that:
    • (a) has a shape that resembles or imitates an object other than a lighter;
    • (b) may have one or more audio or visual effects; and
    • (c) has other features of a type that would reasonably be expected to make the lighter appealing or attractive to a child younger than 10 years of age.
  • (6) "Novelty lighter":
    • (a) means a lighter that has:
      • (i) a misleading design; and
      • (ii) operates on any fuel, including butane or liquid fuel;
    • (b) does not mean:
      • (i) a lighter manufactured before January 1, 1980;
      • (ii) a lighter that has been rendered permanently incapable of producing a flame or otherwise causing combustion; or
      • (iii) a mechanical device primarily used to ignite fuel for fireplaces, or for charcoal or gas grills.
  • (7) "Sell" means to provide or promise to provide a product to a wholesale, retail, mail-order, or other purchaser in exchange for consideration.
  • (8) "Visual effect":
    • (a) includes flashing lights, color-changing lights, or changing images; and
    • (b) does not include logos, decals, decorative artwork, or heat-shrinkable sleeves.




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