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:

While in a small southern Maine grocery store with his mother last June 12 to buy sandwiches, Shane St. Pierre picked up a miniature baseball bat and flicked the switch to see what would happen.

A flame shot out, singeing the 6-year-old’s eyebrow and burning part of his face. His parents called the state fire marshal’s office and were surprised to learn that Maine had no law banning so-called novelty lighters.

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:

…means a mechanical or electrical device typically used for lighting cigarettes, cigars, or pipes that has entertaining audio or visual effects, or that resembles in physical form or function articles commonly recognized as appealing to or intended for use by children under 18 years of age. The term includes lighters that resemble cartoon characters, toys, guns, watches, musical instruments, vehicles, toy animals, food, or beverages.

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

a mechanical or electrical device typically used for lighting cigarettes, cigars or pipes that is designed to appear to be a toy, feature a flashing light or make musical sounds.

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

a mechanical or electrical device typically used for lighting cigarettes, cigars, or pipes that has entertaining audio or visual effects, or that resembles in physical form or function articles commonly recognized as appealing to or intended for use by children ten (10) years of age or younger. This includes, but is not limited to, lighters that resemble cartoon characters, toys, guns, watches, musical instruments, vehicles, toy animals, food or beverages, or that play musical notes or have flashing lights or other entertaining features. A novelty lighter may operate on any fuel, including butane or liquid fuel.

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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Anonymous

John McClelland, says:

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?