§ 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) (2)(a) "Distribute" means to:
(2)(a)(i) deliver to a person other than the purchaser; or
(2)(a)(ii) provide as part of a commercial promotion or as a prize or premium.
(2)(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:

(3)(a) for the purpose of selling or distributing the lighter within this state; or
(3)(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:

(5)(a) has a shape that resembles or imitates an object other than a lighter;
(5)(b) may have one or more audio or visual effects; and
(5)(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":

(6)(a) means a lighter that has:
(6)(a)(i) a misleading design; and
(6)(a)(ii) operates on any fuel, including butane or liquid fuel;
(6)(b) does not mean:
(6)(b)(i) a lighter manufactured before January 1, 1980;
(6)(b)(ii) a lighter that has been rendered permanently incapable of producing a flame or otherwise causing combustion; or
(6)(b)(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":

(8)(a) includes flashing lights, color-changing lights, or changing images; and
(8)(b) does not include logos, decals, decorative artwork, or heat-shrinkable sleeves.

Legislative History

Enacted by Chapter 376, 2010 General Session