Nebraska § 28-1357 Sale of novelty lighter without child
safety feature; penalty

Nebraska Statutes

§ 28-1357 — Sale of novelty lighter without child safety feature; penalty

Nebraska·Ch. 28 Crimes and Punishments

(1)For purposes of this section:

(a)Novelty lighter means a mechanical or electrical device that is typically used for lighting cigarettes, cigars, or pipes, that has only one button or function, and that (i) is designed to resemble a cartoon character, a toy, a gun, a watch, a musical instrument, a vehicle, an animal, a food or beverage container, or a similar item, (ii) plays musical notes, or (iii) has flashing lights; and

(b)Novelty lighter does not include:

(i)A lighter manufactured prior to January 1, 1980;

(ii)A lighter incapable of being fueled or lacking a device necessary to produce combustion or a flame; or

(iii)A standard disposable or refillable lighter that is printed or decorated with a logo, label, decal, artwork, or heat shrinkable sleeve.

(2)It shall be unlawful to

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(1) For purposes of this section:
(a) Novelty
lighter means a mechanical or electrical device that is typically used for
lighting cigarettes, cigars, or pipes, that has only one button or function,
and that (i) is designed to resemble a cartoon character, a toy, a gun, a
watch, a musical instrument, a vehicle, an animal, a food or beverage container,
or a similar item, (ii) plays musical notes, or (iii) has flashing lights;
and
(b) Novelty lighter does not include:
(i) A lighter manufactured
prior to January 1, 1980;
(ii) A lighter incapable of being fueled or lacking a device necessary
to produce combustion or a flame; or
(iii) A standard disposable or refillable
lighter that is printed or decorated with a logo, label, decal, artwork, or
heat shrinkable sleeve.
(2) It shall be unlawful to sell at retail, offer for retail sale,
or distribute for retail sale or promotion in this state a novelty lighter
manufactured on or after July 18, 2014, without a child safety feature.
(3) Any person
who violates this section shall be guilty of a Class IV misdemeanor.
(4) This section
does not apply to the transportation of novelty lighters through the state
or 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.

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