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Novelty/Toylike Lighters Enforcement Program

Program Overview

The Novelty/Toylike Lighter Program provides citizen safety and industry regulation of novelty/toylike lighters (hereafter referred to as novelty lighters).
 
This regulation prohibits manufacturing, selling, offering for sale and distribution, or importing novelty lighters for purpose of sale or distribution in Oregon. It also prohibits possession of novelty lighters in inventory for purposes of sale or distribution.
 
Many of these novelty lighters look like animals, miniature cars, musical instruments and game pieces. Other novelty lighters are look-alike miniatures of adult tools or instruments. For example-cell phones, hammers, paintbrushes, and felt-tip markers. These novelty lighters are dangerous in the hands of children unable to tell the difference between a toy and a novelty lighter.
 
Prohibiting their sale will protect children from a dangerous instrument that encourages curiosity and invites unintentional misuse. These novelty lighters could place children and their families at risk for burn injury, death and property loss.

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Definitions of Novelty/Toylike Lighters

A novelty lighter is a lighter that has misleading design, audio effects or visual effects, or other features that may make the lighter appealing or attractive to a child less than 10 years of age.
  • Misleading design means a lighter has a shape that resembles or imitates an object other than a lighter.
  • Audio effects include music, animal sounds and whistles, buzzers, beepers or other noises not related to the flame-producing function of the lighter.
  • Visual effects include flashing lights, color-changing lights and changing images.
 
Exceptions:
  • Lighters manufactured before January 1, 1980.
  • A lighter that is made permanently incapable of producing a flame or otherwise causing combustion.
  • Standard lighters with logos, decals, decorative artwork or heat-shrinkable sleeves.

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Date of Implementation

House Bill 2365 was signed into law by the Governor of Oregon in 2009, and took effect June 2, 2009.

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Manufacturer and Importer Requirements

As of June 2, 2009, manufacturers of novelty lighters may not manufacture or import novelty lighters to sell in Oregon.
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Wholesaler and Distributor Requirements

As of June 2, 2009, wholesalers may not import novelty lighters for sale in Oregon.
 
As of June 2, 2009, distributors may not sell novelty lighters to retailers in Oregon.

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Retailer Requirements

As of June 2, 2009, retailers may not sell, offer for sale, or transfer novelty lighters to the public in Oregon.

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Civil Penalties

The State Fire Marshal may impose a civil penalty against a person in violation of ORS 476.831 through 476.846 and OAR 837-046-0000 through 837-046-0160.
 
Manufacturers/Importers:  $10,000*
Wholesalers/Distributors:  $1,000*
Retailers:  $500* 
 
* If a person continues to be in violation of Oregon law, after receiving written notice of the violation from the State Fire Marshal, each day the violation continues is a separate offense subject to additional civil penalties.

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Prohibited Novelty/Toylike Lighter Photos
Below are photos of prohibited novelty lighters. Each lighter meets one or more of the definition of a novelty lighter. Please note this is not a complete listing of all prohibited novelty lighters. Refer to the definition of novelty lighters listed above or refer to ORS 476.831 through 476.856 or Oregon Administrative Rules 837-046-0000 through 837-046-0160 for complete information on prohibited items. If you have questions regarding a specific lighter, you may contact our office for assistance.
 
Prohibited Novelty/Toylike Lighter Photos 

Approved Lighters
Below are photos of acceptable lighters. The lighters shown are examples of lighters considered acceptable according to Oregon law.
 
Approved Lighters 

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