BILL REQ. #:  H-0113.1 

Prefiled 12/08/08. Read first time 01/12/09.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to fire safety standards for novelty lighters; adding a new chapter to Title 70 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Director" means the director of fire protection appointed under RCW 43.43.938.
     (2) "Distribute" means to do any of the following:
     (a) Sell novelty lighters or deliver novelty lighters for sale by another person to consumers;
     (b) Sell or accept orders for novelty lighters that are to be transported from a point outside this state to a consumer within this state;
     (c) Buy novelty lighters directly from a manufacturer or wholesale dealer for resale in this state;
     (d) Give novelty lighters as a sample, prize, gift, or other promotion.
     (3) "Manufacturer" means:
     (a) An entity that produces, or causes the production of, novelty lighters for sale in this state;
     (b) An importer or first purchaser of novelty lighters that intends to resell within this state novelty lighters that were produced for sale outside this state; or
     (c) A successor to an entity, importer, or first purchaser described in (a) or (b) of this subsection.
     (4) "Novelty lighter" means a lighter that can operate on any fuel, including butane or liquid fuel. Novelty lighters have features that are attractive to children, including but not limited to visual effects, flashing lights, musical sounds, and toylike designs. "Novelty lighter" does not include disposable cigarette lighters or lighters that are printed or decorated with logos, decals, artwork, or heat shrinkable sleeves. The term considers the shape of the lighter to be the most important characteristic when determining whether a lighter can be considered a novelty lighter. This includes novelty lighters that are clearly intended to be shaped like:
     (a) Cartoon characters;
     (b) Toys;
     (c) Musical instruments;
     (d) Vehicles;
     (e) Animals;
     (f) The human body or parts of the human body;
     (g) Food or beverages;
     (h) Weaponry;
     (i) Furniture;
     (j) Sports equipment;
     (k) Holiday symbols;
     (l) Tools; or
     (m) Other equipment or household products including, but not limited to, fire extinguishers, cell phones, vases, boots, shoes, toasters, traffic lights, light bulbs, pens, pencils, magic markers, coffee cups, fishing poles, money, propane tanks, gas cans, match sticks, cigarettes, clothing items, cameras, picture frames, flowers, etc.
     (5) "Retail dealer" means an entity, other than a manufacturer or wholesale dealer, that engages in distributing novelty lighters.
     (6) "Sell" means to transfer, or agree to transfer, title or possession for a monetary or nonmonetary consideration.
     (7) "Wholesale dealer" means an entity that distributes novelty lighters to a retail dealer or other person for resale.

NEW SECTION.  Sec. 2   A person may not distribute or offer to sell a novelty lighter within this state if the director determines the novelty lighter is prohibited for sale or distribution under this chapter.

NEW SECTION.  Sec. 3   (1) The director, an authorized representative of the director, or any law enforcement agency may immediately seize and subject to forfeiture novelty lighters distributed or offered for sale in violation of section 2 of this act. The director shall destroy novelty lighters seized and forfeited under this subsection. However, prior to the destruction of any novelty lighters seized, the true holder of the trademark rights in the novelty lighter must be permitted to inspect the novelty lighter.
     (2) This section does not apply if the novelty lighters are in interstate commerce and not intended for distribution in this state.
     (3) The director may enter into a cooperative agreement with any state or local agency that allows the agency to act as an authorized representative of the director for enforcement purposes under this section.
     (4) The director or an authorized representative, upon oral or written demand, may inspect the inventory of novelty lighter manufacturers, wholesale or retail dealers, and transporters as the director or the director's authorized representative deems necessary to ensure compliance with this section.

NEW SECTION.  Sec. 4   The director may adopt rules to carry out the requirements of this chapter.

NEW SECTION.  Sec. 5   (1) The director may impose a civil penalty for a violation of this chapter. The civil penalty may not exceed:
     (a) For a manufacturer that distributes or offers to sell novelty lighters to a wholesale dealer or retail dealer, ten thousand dollars per violation per day.
     (b) For a wholesale dealer that distributes or offers to sell novelty lighters to retail dealers or consumers, one thousand dollars per violation per day.
     (c) For a retail dealer that distributes or offers to sell novelty lighters to consumers, five hundred dollars per violation per day.
     (2) At the request of the director, the attorney general may bring an action in the name of the state seeking:
     (a) Injunctive relief to prevent or end a violation of this chapter;
     (b) To recover civil penalties imposed under subsection (1) of this section; or
     (c) To recover attorneys' fees and other enforcement costs and disbursements.
     (3) Penalties under this section must be deposited in the novelty lighter fire safety account created in section 7 of this act.

NEW SECTION.  Sec. 6   (1) On the effective date of this section, manufacturers must immediately cease the sale or distribution of novelty lighters in this state.
     (2) On the effective date of this section, wholesalers and retail dealers have a maximum of ninety days to reduce their current inventory of novelty lighters. In no instance may wholesalers and retail dealers sell or distribute a novelty lighter in this state after ninety days from the effective date of this section.

NEW SECTION.  Sec. 7   The novelty lighter fire safety account is created in the custody of the state treasurer. All receipts from penalties received under section 5 of this act must be deposited into the account. Expenditures from the account may be used only for fire safety, enforcement, and fire prevention programs. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 8   Sections 1 through 7 of this act constitute a new chapter in Title 70 RCW.