As used in this part:

(1)  “Audio effect” includes music, animal sounds, whistles, buzzers, or other noises not pertinent to the flame-producing function of the lighter.

Terms Used In Utah Code 53-7-502

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Lighter: means a handheld mechanical device of a type typically used for igniting tobacco products by use of a flame. See Utah Code 53-7-502
  • Misleading design: means a lighter that:
(a) has a shape that resembles or imitates an object other than a lighter;
(b) may have one or more audio or visual effects; and
(c) has other features of a type that would reasonably be expected to make the lighter appealing or attractive to a child younger than 10 years of age. See Utah Code 53-7-502
  • Person: means :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
    • (2) 

    (a)  “Distribute” means to:

    (i)  deliver to a person other than the purchaser; or

    (ii)  provide as part of a commercial promotion or as a prize or premium.

    (b)  “Distribute” does not include providing as a personal gift.

    (3)  “Importer” means a person who causes a lighter to enter this state from a manufacturing, wholesale, distribution, or retail sales point outside this state:

    (a)  for the purpose of selling or distributing the lighter within this state; or

    (b)  with the result that the lighter is sold or distributed within this state.

    (4)  “Lighter” means a handheld mechanical device of a type typically used for igniting tobacco products by use of a flame.

    (5)  “Misleading design” means a lighter that:

    (a)  has a shape that resembles or imitates an object other than a lighter;

    (b)  may have one or more audio or visual effects; and

    (c)  has other features of a type that would reasonably be expected to make the lighter appealing or attractive to a child younger than 10 years of age.

    (6)  “Novelty lighter”:

    (a)  means a lighter that has:

    (i)  a misleading design; and

    (ii)  operates on any fuel, including butane or liquid fuel;

    (b)  does not mean:

    (i)  a lighter manufactured before January 1, 1980;

    (ii)  a lighter that has been rendered permanently incapable of producing a flame or otherwise causing combustion; or

    (iii)  a mechanical device primarily used to ignite fuel for fireplaces, or for charcoal or gas grills.

    (7)  “Sell” means to provide or promise to provide a product to a wholesale, retail, mail-order, or other purchaser in exchange for consideration.

    (8)  “Visual effect”:

    (a)  includes flashing lights, color-changing lights, or changing images; and

    (b)  does not include logos, decals, decorative artwork, or heat-shrinkable sleeves.

    Enacted by Chapter 376, 2010 General Session

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