Utah Code 53-7-504. Offenses — Civil penalties — Penalty money to be deposited into the Fire Prevention Support Account

53-7-504. Offenses — Civil penalties — Penalty money to be deposited into the Fire Prevention Support Account.

(1)

Terms Used In Utah Code 53-7-504

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. See Utah Code 53-7-502

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

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. See Utah Code 53-7-502

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

Person: means :Utah Code 68-3-12.5

Sell: means to provide or promise to provide a product to a wholesale, retail, mail-order, or other purchaser in exchange for consideration. See Utah Code 53-7-502

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

State fire marshal: means the fire marshal appointed director by the commissioner under Section 53-7-103. See Utah Code 53-7-102

(a)

A person may not sell, offer for sale, or distribute a novelty lighter in this state.

(b)	A person may not import a novelty lighter into this state for the purpose of selling or distributing the novelty lighter within this state.

(c)	A person may not possess a novelty lighter in inventory for the purpose of selling or distributing the novelty lighter within this state.

(2)

(a)	The state fire marshal may assess a civil penalty against a person who violates Subsection (1) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

(b)

The civil penalty for a violation of Subsection (1) may not exceed:

(i)	$10,000 for the importation of novelty lighters;

(ii)	$1,000 if the person acts as a wholesaler of novelty lighters or distributes novelty lighters by means other than distribution directly to consumers; and

(iii)

$500 if the person is:

(A)	a retail seller of novelty lighters; or

(B)	a person distributing novelty lighters, other than as a manufacturer, importer, or wholesaler.

(3)	If a person continues to violate this section after the state fire marshal gives the person written notice of a violation, each day that the violation continues after written notice is given is a separate offense subject to a civil penalty.

(4)

(a)	For purposes of imposing civil penalties, it is prima facie evidence that a lighter is a novelty lighter if the lighter is listed by the state fire marshal as a novelty lighter under Section 53-7-503, or is of a class or type of lighter listed by the state fire marshal as a novelty lighter.

(b)	Listing by the state fire marshal is not a requirement for a determination that a lighter is a novelty lighter.

(5)	All money collected from civil penalties under this section shall be deposited into the Fire Prevention Support Account created in Section 53-7-204.2.

(6)	A person may seek judicial review of a final agency action under this part as provided in Title 63G, Chapter 4, Administrative Procedures Act.

Amended by Chapter 403, 2020 General Session

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