Wednesday, November 12, 2008

Novelty lighter ban to be considered by Texas State Legislature

By Vince Leibowitz of Capitol Annex

If you didn’t know that novelty lighters were an issue of such a weighty nature that the Texas Legislature would desire to regulate them, join the club. Most people don’t give much of a thought to novelty lighters, which typically crowd the cash register area of most gas stations.

State Rep. Armando “Mando” Martinez (D-Weslaco) has introduced a bill, HB 90, which would ban the sale of novelty lighters in Texas. Though it may sound like one of those odd-ball bills filed every biennium to ban something that some segment of the population thinks is dangerous, Martinez’s bill mirrors legislative trend across the country that is rapidly picking up steam.

Earlier this year, Maine became the first state to ban the sale of novelty lighters; Tennessee followed suit shortly thereafter. The legislation in Maine was sparked (no pun intended) by this incident:

The National Association of State Fire Marshals also supports such bans and has been one of the driving forces behind them. The European Union already bans the products, and local ordinances in California, Washington state and Arkansas already ban the products in certain areas. One trade group for lighter manufacturers, The Lighter Association, supports bans as well.

Martinez’s bill differs slightly from LD 2081, the legislation that banned the lighters in Maine and House Bill 3107, the legislation that banned the devices in Tennessee.

Martinez’s proposed bill defines “novelty lighters” as follows:

The Maine definition includes less descriptors but accomplishes essentially the same goal as the Texas definition:

The Tennessee bill has a definition similar to the one offered in the Texas bill, but uses 10 years of age instead of 18:

The Maine, Tennessee, and Texas statutes all exempt lighters made prior to 1980. The Maine and Texas statutes differ when it comes to the “does not contain fuel” and “does not have a device necessary to produce combustion or a flame.” Maine puts an “or” between those two clauses; Martinez’ bill puts an “and.” That does make a difference, because Martinez’s bill would appear to not apply to a lighter if it doesn’t contain fuel and doesn’t have a device necessary to produce combustion or a flame, while in Maine it appears a lighter must meet one but not both of those requirements if it is to be allowed for sale.

Martinez’s bill would make it a Class C misdemeanor to sell novelty lighters.

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Comments

John McClelland Verified

Here's an idea. Put lighters behind the counter where kids can't grab them. Problem solved. No legislation needed. And aren't lighters supposed to have the child safety switch on them anyway?

12 months ago ( Link to this comment | Suggest removal )