[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3375 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3375

    To prohibit the introduction or delivery for introduction into 
    interstate commerce of novelty lighters, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2008

   Mr. Wyden (for himself, Ms. Collins, and Mr. Dodd) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To prohibit the introduction or delivery for introduction into 
    interstate commerce of novelty lighters, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Children from Dangerous 
Lighters Act of 2008''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Lighters are inherently dangerous products containing 
        flammable fuel.
            (2) If lighters are used incorrectly or used by children, 
        dangerous and damaging consequences may result.
            (3) Novelty lighters are easily mistaken by children and 
        adults as children's toys or as common household items.
            (4) Novelty lighters have been the cause of many personal 
        injuries to children and adults and property damage throughout 
        the United States.

SEC. 3. NOVELTY LIGHTER DEFINED.

    In this Act, the term ``novelty lighter'' means a device typically 
used for the igniting or lighting of cigarettes, cigars, or pipes that 
has a toy-like appearance, has entertaining audio or visual effects, or 
resembles in any way in form or function an item that is commonly 
recognized as appealing, attractive, or intended for use by children of 
10 years of age or younger, including such a device that takes toy-like 
physical forms, including toy animals, cartoon characters, cars, boats, 
airplanes, common household items, weapons, cell phones, batteries, 
food, beverages, musical instruments, and watches.

SEC. 4. BAN ON NOVELTY LIGHTERS.

    (a) Banned Hazardous Substance.--A novelty lighter shall be treated 
as a banned hazardous substance as defined in section 2 of the Federal 
Hazardous Substances Act (15 U.S.C. 1261) and the prohibitions set out 
in section 4 of such Act (15 U.S.C. 1263) shall apply to novelty 
lighters.
    (b) Application.--Subsection (a) applies to a novelty lighter--
            (1) manufactured on or after January 1, 1980; and
            (2) that is not considered by the Consumer Product Safety 
        Commission to be an antique or an item with significant 
        artistic value.
                                 <all>