§ 53-7-502. Definitions.

     As used in this part:

(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.

Enacted by Chapter 376, 2010 General Session