An Act To Prohibit the Retail Sale and Distribution of Novelty Lighters
Maine Legislature, Session 123, LD 2081
Committee: Criminal Justice and Public Safety
Sponsors: SYKES, BEAULIEU, CUMMINGS, GERZOFSKY, RECTOR, SARTY, TARDY
Amends: 25 MRSA §2467

Legislative Document 
No. 2081 
H.P.1467 
House of Representati ves, December 27, 2007 
An Act To Prohibit the Retail Sale and Distribution of Novelty 
Lighters 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative SYKES of Harrison. 
1J1~/J1.7Jl~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BEAULIEU of Auburn, Speaker CUMMINGS of Portland, 
GERZOFSKY of Brunswick, RECTOR of Thomaston, SARTY of Denmark, TARDY of 
Newport. 
Printed on recy4: led paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, novelty lighters have features that are attractive to children, including 
visual effects, flashing lights, musical sounds and toy-like designs; and 
Whereas, the federatConsumer Product Safety Commission has recalled thousands 
of novelty lighters since 1996 due to their danger to public safety; and 
Whereas, fire setting by juveniles has been identified as the fastest growing fire 
threat in the United States, with more than 300 people killed annually, 30% of whom are 
children, and almost $1 billion in property destroyed; and 
Whereas, in Maine, fire setting by juveniles has resulted In several deaths and 
II 
millions of dollars in property damage and destruction; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of MAine as follows: 
Sec. 1. 25 MRSA §2467 is enacted to read: 
§2467. Retail sale and distribution of novelty lighten; prohihited 
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; or 
B. A lighter lacking fuel or lacking a device necessary to produce combustion or a 
flame. 
2. Prohibition; penalty. A person may not sell at retail or distribute for retail sale in 
this State a novelty lighter. 
A person who violates this subsection commits a civil 
violation for which a fine of up to $500 may be imposed. 
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. 
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. 
Page I -123LR2972(OI)-1 
) 
Emergency clause. 
In view of the emergency cited 10 the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill prohibits a person from selling or distributing for retail sale in Maine 
novelty lighters, which are lighters that are designed to appear to be a toy, feature a 
flashing light or make musical sounds. Violation is a civil infraction.