1. Definition. For purposes of this section, "novelty lighter" means 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. "Novelty lighter" does not include: A. A lighter manufactured prior to January 1, 1980; [PL 2007, c. 510, §1 (NEW).] B. A lighter incapable of being fueled or lacking a device necessary to produce combustion or a flame; or [PL 2007, c. 510, §1 (NEW).] C. Any mechanical or electrical device primarily used to ignite fuel for fireplaces or for charcoal or gas grills. [PL 2007, c. 510, §1 (NEW).] [PL 2007, c. 510, §1 (NEW).] 2. Prohibition; penalty. A person may not sell at retail, offer for retail sale or distribute for retail sale or promotion in this State a novelty lighter. A person who violates this subsection commits a civil violation for which a fine of not more than $500 may be imposed. [PL 2007, c. 510, §1 (NEW).] 3. Exception. The prohibition specified in subsection 2 does not apply to the transportation of novelty lighters through this 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. [PL 2007, c. 510, §1 (NEW).] 4. Enforcement. This section may be enforced by the State Fire Marshal's Office; a state, county or municipal law enforcement officer; or a municipal code enforcement officer. [PL 2007, c. 510, §1 (NEW).]
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