The Legislature finds and declares that unreasonable risks of death and serious bodily injury are caused by fires started by the operation of cigarette lighters by children. The Legislature further finds and declares that these risks are sufficiently severe to require the enactment of standards to reduce the risks.
Part 7CIGARETTE LIGHTERS
Section § 14940
This law section explains that using cigarette lighters can be dangerous, especially for children, as it can lead to serious injury or even death. Because these risks are significant, the law states that safety standards need to be created to lessen these dangers.
cigarette lighters fire safety children safety risk of injury risk of death fire hazards safety standards legislative findings serious bodily injury unreasonable risks fire prevention child safety safety regulations injury prevention legislative action
Section § 14941
This law defines specific terms related to cigarette lighters. A 'cigarette lighter' includes devices for lighting cigarettes, cigars, and pipes but not matches or certain heavier refillable lighters. The term 'operate' means being able to ignite a cigarette lighter. 'Special design' refers to lighter designs that make it hard for kids under five to use them.
As used in this part, the following terms shall have the following meanings:
(a)CA Health and Safety Code § 14941(a)
“Cigarette lighter” means a device used to light cigarettes, cigars, and pipes, but does not mean a match. “Cigarette lighter” includes a device, such as a watch, that may be used to light cigarettes, cigars, and pipes even though it is primarily used for other purposes. “Cigarette lighter” does not include lighters that are refillable and have a gross fueled weight of at least 35 grams.
(b)CA Health and Safety Code § 14941(b)
“Operate” means the ability to cause a cigarette lighter to ignite.
(c)CA Health and Safety Code § 14941(c)
“Special design” means a design of a cigarette lighter that results in the cigarette lighter being significantly difficult for children under five years of age to operate.
cigarette lighter ignition device child-resistant design refillable lighters gross fueled weight matches exclusion lighting devices special design children safety under five years old difficult to operate non-refillable lighters device weight restriction pipes and cigars safety regulation
Section § 14942
The State Fire Marshal must set rules by 1994 on the safety design of cigarette lighters to ensure they can't be easily used by children under five. These standards should align with federal rules if they exist, meaning the federal rules will override state ones.
Manufacturers must test their lighters in approved labs at their own expense, following the State Fire Marshal's guidelines. They may also have to pay fees to cover the application and approval process, which supports the State Fire Marshal's efforts with these fees going into the Cigarette Lighter Safety Account.
(a)CA Health and Safety Code § 14942(a)
The State Fire Marshal shall adopt regulations by January 1, 1994, that specify standards for the special design of cigarette lighters, using an 80 percent acceptance criterion with respect to safety features that prevent operation of the lighters by children five years of age or younger. The State Fire Marshal shall select a test protocol from those which have been submitted, on or before the effective date of this act, to the Consumer Products Safety Commission of the United States. If federal standards for the special design of cigarette lighters are adopted, the federal standard shall take precedence over a regulation adopted pursuant to this section, and the regulation shall have no force or effect.
(b)CA Health and Safety Code § 14942(b)
Each manufacturer shall provide for the testing of its products that are subject to this section, through laboratories approved by the State Fire Marshal, and shall bear the cost of product testing according to the approved plan and test protocol. The State Fire Marshal may collect fees from manufacturers to pay for the application and approval process in conjunction with administering this section. Fees collected pursuant to this section shall be deposited into the Cigarette Lighter Safety Account in the General Fund, which is hereby created. Moneys in that account shall be available, upon appropriation by the Legislature, for reimbursement of the State Fire Marshal’s costs in processing applications and approvals under this section. This section shall remain operative only if and when federal standards for the special design of cigarette lighters for the purpose stated in this section are not in effect.
cigarette lighter safety child-resistant lighters State Fire Marshal regulations safety design standards five-year-old prevention test protocol Consumer Products Safety Commission federal preemption lighter testing laboratory approval manufacturer responsibilities testing fees Cigarette Lighter Safety Account General Fund Legislature appropriation
Section § 14943
This law makes it illegal to sell or distribute cigarette lighters that don't meet certain standards set by the State Fire Marshal. If someone sells a non-compliant lighter, they could be fined up to $100 for each lighter. However, the law's enforcement depends on when the State Fire Marshal officially establishes and puts these standards into effect.
(a)CA Health and Safety Code § 14943(a)
No person shall sell, offer for sale, or distribute a cigarette lighter that does not comply with the standards adopted by the State Fire Marshal pursuant to Section 14942.
(b)CA Health and Safety Code § 14943(b)
Any person who violates subdivision (a) is guilty of an infraction and shall be punished by a fine of up to one hundred dollars ($100) for each cigarette lighter that is sold in violation of subdivision (a).
(c)CA Health and Safety Code § 14943(c)
This section shall not become operative until the State Fire Marshal adopts standards pursuant to Section 14942 and shall be operative only when those regulations are in effect as provided in subdivision (a) of Section 14942.
cigarette lighter standards State Fire Marshal non-compliant cigarette lighters selling non-compliant lighters lighter distribution regulations cigarette lighter fines cigarette lighter sales violation cigarette lighter infraction State Fire Marshal regulations lighter safety standards
