Prohibits the retail sale, distribution or offer to sell at retail to any person in the state, novelty lighters

5 Co-sponsors

• Phil Boyle
• David Carlucci
• Terry Gipson
• Martin J. Golden
• Kathleen A. Marchione

BILL NUMBER:S933A

Title of bill

An act to amend the general business law, in relation to prohibiting the retail sale and distribution of novelty lighters

Purpose or general idea of bill

To prohibit the retail sale and distribution of novelty lighters.

Summary of specific provisions

Section 1: Prohibits the sale of novelty lighters and defines what classifies as a novelty lighter.

Section 2: Transportation and distribution of novelty lighters.

Section 3: Sets up a toll free telephone hotline number for receiving information about possible violations.

Section 4: Gives officers authorization to seize novelty lighters.

Section 5: Details civil penalties which violators will be subject to.

Section 6: States that this will not apply to manufacturers, imports, distributors, or wholesale seller who can demonstrate that the novelty lighters are not intended for sale within the state.

Section 7: Gives authority to state fire administrator in order to promulgate these regulations.

Section 8: Pertains to the attorney general and the courts of New York.

Justification

The Federal Consumer Product Safety Commission has recalled thousands of novelty lighters since 1996 due to their danger to public safety. Some of these novelty lighters have features that are attractive to children including musical sounds, toy-like designs and flashing lights. Fires set by juveniles are the fastest-growing fire threat in the United States. Annually more than 300 people are killed, 30% of whom are children. These fires cause almost $1 billion in property damage.

According to the publication Fire Chief, "Fatal fires caused by novelty lighters have been documented in several states, including September 2007 when two young boys in Arkansas died in a fire they accidentally set to their apartment with a motorcycle-shaped lighter."

The European Union and at least fourteen states, including Massachusetts, New Jersey, and Illinois, have banned the sale of novelty lighters. It is important that New York State do the same to protect our families from such preventable fires.

Prior legislative history

2012: S.7411/A.8402-A 2011: A.8402 2009-2010 - A.6875-B

Fiscal implications

None.

Effective date

This act shall take effect immediately. Notwithstanding the effective date, no person shall be subject to a civil penalty for any violation that occurs before the ninetieth day after enactment.