[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 723 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 723

    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

                             March 26, 2009

    Mr. Wyden (for himself, Ms. Collins, Mr. Dodd, and Mr. Carper) 
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 2009''.

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.

    (a) In General.--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.
    (b) Exclusion.--Such term does not include standard disposable and 
refillable lighters that are printed or decorated with logos, labels, 
decals, artwork, or heat shrinkable sleeves.

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.
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