                                 CODE OF VIRGINIA

PROHIBITING THE SALE OF NOVELTY LIGHTERS TO JUVENILES (§ 18.2-371.4)

A. &#8220;Novelty lighter&#8221; means a mechanical or electrical device
containing a combustible fuel typically used for lighting cigarettes, cigars, or
pipes that is (i) designed to resemble a cartoon character, toy, gun, watch,
musical instrument, vehicle, animal, food, or beverage, or (ii) a fanciful
article that plays musical notes, has flashing lights, or has other entertaining
features that are appealing to or intended for use by juveniles. A novelty
lighter may operate on any fuel, including butane, isobutene, or liquid fuel.

B. &#8220;Novelty lighter&#8221; does not include (i) a lighter without fuel and
that is incapable of being fueled, (ii) a lighter lacking a device necessary to
produce combustion or a flame, (iii) a mechanical or electrical device primarily
used to ignite fuel for fireplaces or for charcoal or gas grills, (iv) a lighter
manufactured prior to 1980, or (v) a standard disposable lighter that is printed
or decorated with logos, labels, decals, or artwork, or heat shrinkable sleeves.

C. Novelty lighters that are available for purchase at a retail establishment
shall be located in a place that is not open to the general public.

D. Any individual who sells a novelty lighter to a person he knows or has reason
to know is a juvenile is subject to a civil penalty of no more than $100.

E. This section may be enforced by the State Fire Marshal&#8217;s Office, local
fire marshals appointed pursuant to &#xA7; 27-34.2 or 27-34.2:1, or
law-enforcement officers.

HISTORY: 2009, c. 668.