1. (a) No person shall sell, offer for sale, or otherwise distribute any novelty lighter within the State.

2. (b) As used in this section, "novelty lighter" means a handheld device that is designed to use fuel to produce flame for the ignition of cigarettes, cigars, or pipes, and has a design that would make it particularly attractive to children ten years of age or younger.

   "Novelty lighter" includes but is not limited to lighters that:

   1. (1) Depict or resemble cartoon characters, toys, guns, watches, games, musical instruments, vehicles, animals, food, or beverages;
   2. (2) Produce sounds or music;
   3. (3) Have flashing lights or illumination; or
   4. (4) Any combination of the above.

3. (c) This section shall not apply to the following:

   1. (1) Novelty lighters that are manufactured in the State or transported through the State, exclusively for sale, offer for sale, or distribution outside the State;
   2. (2) Any lighter manufactured prior to 1980 or any lighter that lacks fuel or a component necessary to produce flame or combustion; and
   3. (3) Standard disposable and refillable lighters that are printed or decorated with logos, labels, decals, or artwork, or heat shrinkable sleeves.
4. (d) Any person who violates this section shall be guilty of a misdemeanor and shall be imprisoned for not more than one year or fined not more than $1,000, or both.

[L 2011, c 224, §2]