§ 391-s. Sale and distribution of novelty lighters prohibited. 1.\nDefinitions:\n (a) "Audio effects" means music, animal sounds, whistles, buzzers,\nbeepers or other noises not typically caused by or pertinent to the\nflame-producing function of the lighter.\n (b) "Distribute" means to:\n (i) Deliver to a person other than the purchaser, for retail sale; or\n (ii) Provide as part of a commercial promotion or as a prize or\npremium.\n (c) "Importer" means a person who causes a lighter to enter this state\nfrom a manufacturing, wholesale, distribution or retail sales point\noutside this state, for the purpose of selling or distributing the\nlighter within this state or with the result that the lighter is sold or\ndistributed within this state.\n (d) "Lighter" means a mechanical or electrical device of a type\ntypically used for igniting tobacco products by use of a flame.\n (e) "Novelty lighter" means a mechanical or electrical device\ntypically used for the purpose of producing a flame to light cigarettes,\ncigars or pipes and which, due to the physical or audio features of the\ndevice, excluding its capability of producing a flame, would reasonably\nbe expected to cause the lighter to be appealing or attractive to a\nchild including, but not limited to, lighters that resemble a cartoon\ncharacter, toy, gun, watch, musical instrument, vehicle, animal,\nbeverage, sporting equipment or that is capable of creating audio\neffects or displaying flashing lights.\n (f) "Sell" means to provide or promise to provide to a wholesale,\nretail, mail-order or other purchaser in exchange for consideration.\n 2. No person, firm, partnership, association or corporation shall\ndistribute, sell at retail or offer for retail sale in this state, or to\nany person located in this state, a novelty lighter.\n 3. This section shall not apply: (a) to a novelty lighter manufactured\nbefore January first, nineteen hundred eighty and which is considered a\ncollectible item within the collectible trade; (b) to a disposable or\nrefillable lighter with a logo, label, decal or artwork printed thereon\nor on heat shrinkable sleeves attached thereto but which does not\notherwise resemble a novelty lighter; or (c) if not intended for sale or\nuse in the state, to the interstate transportation of a novelty lighter\nor to the temporary storage of a novelty lighter while in interstate\ncommerce.\n 4. The division of homeland security and emergency services shall\nestablish and publicize a toll free telephone hotline number to receive\ninformation from the public about suspected violations of this section.\nThe division of homeland security and emergency services shall provide\ninformation on its agency website regarding this section and the dangers\nof novelty lighters, and provide the opportunity for persons suspecting\nviolations of this section to transmit such information to the division\nthrough the Internet.\n 5. Whenever any police officer designated in section 1.20 of the\ncriminal procedure law or a peace officer designated in subdivision four\nand subdivision seventy-nine pertaining to the office of fire prevention\nand control, of section 2.10 of such law, acting pursuant to his or her\nspecial duties, shall discover a novelty lighter in violation of this\nsection, such officer is hereby authorized and empowered forthwith to\nseize and take possession of such items. Such seized items shall be\nturned over to the state fire administrator or his designee.\n 6. Any person who violates this section shall be subject to a civil\npenalty as follows:\n (a) Not more than ten thousand dollars if the person is a manufacturer\nor importer of lighters.\n (b) Not more than one thousand dollars if the person is a wholesaler\nof lighters or distributes lighters by means other than distribution\ndirectly to consumers.\n (c) Not more than five hundred dollars if the person is:\n (i) A retail seller of lighters; or\n (ii) A person distributing lighters, i
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.