HOUSE DOCKET, NO. 4122        FILED ON: 3/20/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3924

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act to prohibit of novelty lighters in the commonwealth..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 146 of the General Laws, is hereby amended by inserting the following after section 52A:-

Section 52B.  No person shall manufacture, store, keep for sale, sell, give away, or transport any novelty lighter.  For the purposes of this section, a novelty lighter is defined as a mechanical or electrical device typically used for lighting cigarettes, cigars, or pipes that has audio or visual effects, or that resembles in physical form or function articles commonly recognized as appealing to or intended for use by children 10 years of age or younger. This includes, but is not limited to, lighter that resemble cartoon character, toys, guns, watches, musical instruments, vehicles, toy animal, food or beverages, or that play musical notes or have flashing lights or other entertaining features.  A novelty lighter may operate on any fuel, including butane or liquid fuel.  This section shall not apply to novelty lighters that were manufactured before January 1, 1980 or that are considered to be collectable items.

Whoever manufactures, stores, keeps for sale, sells, gives away, or transports any novelty lighters shall be punished by a fine of not more than $100.