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) (a) "Distribute" means to: (i) deliver to a person other than the purchaser; or (ii) provide as part of a commercial promotion or as a prize or premium. (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: (a) for the purpose of selling or distributing the lighter within this state; or (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: (a) has a shape that resembles or imitates an object other than a lighter; (b) may have one or more audio or visual effects; and (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": (a) means a lighter that has: (i) a misleading design; and (ii) operates on any fuel, including butane or liquid fuel; (b) does not mean: (i) a lighter manufactured before January 1, 1980; (ii) a lighter that has been rendered permanently incapable of producing a flame or otherwise causing combustion; or (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": (a) includes flashing lights, color-changing lights, or changing images; and (b) does not include logos, decals, decorative artwork, or heat-shrinkable sleeves.
‹ Prev All Utah 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.