§ 40:1601 — Novelty lighters

§1601. Novelty lighters
A. For the purposes of this Section, the following definitions shall apply unless
otherwise indicated:
(1) "Lighter" means a flame-producing device commonly used by consumers to
ignite tobacco products and mechanical devices primarily used to ignite fuel for fireplaces
or for charcoal or gas grills. The term does not include matches. This term includes novelty
lighters.
(2) "Novelty lighter" means a lighter that has a toylike appearance, has entertaining
audio or visual effects, or resembles in any way in form or function an item that is commonly
recognized as appealing, attractive, or intended for use by young children, particularly those
ten years of age or younger, including such a device that takes toylike physical forms,
including but not limited to toy animals, cartoon characters, cars, boats, airplanes, common
household items, weapons, cell phones, batteries, food, beverages, musical instruments, and
watches or has flashing lights or other entertaining features. Novelty lighters may operate
on any fuel, including butane or liquid fuel.
B. The retail, sale, offer of retail sale, gift, or distribution of any novelty lighter in
the state of Louisiana is prohibited.
C. This Section shall not apply to:
(1) Novelty lighters that were made before January 1, 1980.
(2) Novelty lighters that are considered to be collectable items.
(3) Repealed by Acts 2013, No. 147, §2.
(4) Lighters incapable of being fueled or lacking a device necessary to produce
combustion or flame.
(5) The active transportation of novelty lighters through this state.
(6) The storage of novelty lighters in a warehouse or distribution center in this state
that is closed to the public for purposes of retail sales.
(7) Wholesale or retail dealers selling their existing inventory of novelty lighters
before January 1, 2010, where such inventory was purchased prior to August 15, 2009.
(8) Novelty lighters that are in compliance with 16 CFR Part 1210 et seq.
D.(1) The fire marshal shall adopt such rules and regulations as are necessary to
implement and enforce the provisions of this Section.
(2) The fire marshal or an authorized representative, upon oral or written demand,
may inspect the inventory of novelty lighter manufacturers, wholesale or retail dealers, and
transporters as the fire marshal or the authorized representative deems necessary to ensure
compliance with this Section.
(3) Whenever the fire marshal or an authorized representative, law enforcement
personnel, or any authorized personnel discover novelty lighters for retail or sale or offered
for retail sale, gift, or distribution, such personnel are hereby authorized and empowered to
seize and take possession of such lighters. The confiscated lighters shall be turned over to
the fire marshal and shall be forfeited to the state as contraband. Novelty lighters seized
pursuant to this Section shall be destroyed. Destruction shall be witnessed by at least two
employees of the fire marshal and documentation of such destruction shall be made which
describes the contraband, time and location of the destruction, witnesses to the destruction,
and such other information as required by the fire marshal.
(4) Any person who knowingly violates the provisions of this Section shall be fined
not more than two hundred fifty dollars per violation.
(5) The penalties collected as provided in this Section shall be deposited into the
Louisiana Life Safety and Property Protection Trust Dedicated Fund Account within the state
treasury as provided for in R.S. 40:1664.9. The monies shall be deposited to the credit of the
account and shall, in addition to any other monies available for such purpose, be available
to the state fire marshal to support fire safety and prevention programs.

Legislative History

Acts 2009, No. 89, §1, eff. Jan. 1, 2010; Acts 2013, No. 147, §§1, 2; Acts 2021, No. 114, §18, eff. July 1, 2022.