BILL ANALYSIS
AB 625
Page 1
Date of Hearing: April 21, 2009
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 625 (Lieu) - As Amended: April 15, 2009
SUBJECT : Novelty lighters.
SUMMARY : Prohibits the sale of operable novelty lighters.
Specifically, this bill :
1)Prohibits a person from selling, distributing, or offering for
promotion an operable novelty lighter.
2)Makes a violation of this prohibition an infraction punishable
by a fine not to exceed $500.
3)Defines a novelty lighter as a mechanical or electrical
device, operating on any type of fuel, that is typically used
for lighting cigarettes, cigars, or pipes and:
a) that is designed to appear to be a toy;
b) has entertaining audio or visual effects; or,
c) resembles in physical form or function articles commonly
recognized as appealing to, or intended for use by, persons
under 12 years of age.
4)Excludes from the definition of novelty lighter:
a) A device manufactured before January 1, 1980;
b) A device used primarily to ignite fuel for fireplaces or
for charcoal or gas grills; and,
c) A device printed or decorated with logos, labels,
decals, artwork, or heat shrinkable sleeves.
5)Does not supersede any ordinance enacted by a local
jurisdiction prior to January 1, 2010.
EXISTING LAW requires the State Fire Marshal to specify
standards for the design of cigarette lighters and prohibits a
person from selling, offering for sale, or distributing a
AB 625
Page 2
cigarette lighter that does not comply with those standards.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill . According to the author's office, "Novelty
lighters have become a significant concern for the safety of
children and others as these lighters pose an egregious danger
by being entertaining and fascinating. Many of these lighters
do not meet the child resistant requirements set forth by the
U.S. government. The problem is compounded by making these
lighters resemble everyday toys found in the home, encouraging
children to play with these dangerous fire tools. The purpose
of this legislation is to enhance the safety of the citizens and
community, and to prevent injuries, loss of life, and property
loss caused by fires from novelty lighters.
"Novelty lighters have become such a significant public safety
concern that many other states, cities and countries have
already instituted bans. Currently, thirteen states and many
cities in the U.S. have realized the dangers of these lighters
and began taking action with bans of their own. California law
lacks any safety restrictions on novelty lighters sold or used
in the state, especially in terms of preventing harm. It is
critical here in California that we focus public attention to
the dangers of these toy-like lighters and enact a statewide ban
to help prevent children from playing with these lighters."
Background . The U.S. Consumer Product Safety Commission (CPSC)
is an independent federal regulatory agency whose mission is to
ensure that consumer products are safe. Under the 1994 Child
Safety Protection Act, the CPSC has the authority to mandate
safety standards and recall products that are considered
dangerous. In 1996, the CPSC established a mandatory safety
standard requiring disposable and novelty lighters to be "child
resistant," meaning 85% of the children in a controlled test
group must not be able to operate the lighters. The CPSC began
recalling novelty lighters due to the dangers they present to
public safety.
According to the United States Fire Administration (USFA),
intentionally set fires are the major cause of dollar losses
from fires and a leading cause of fire deaths in the United
States. The National Fire Protection Association (NFPA)
AB 625
Page 3
estimates 323,900 fires were intentionally set in 2005. In
2002, the NFPA estimated 13,900 structure fires caused by
children playing were reported in the U.S., resulting in 210
deaths, 1,250 injuries, and $339 million in direct damage. Most
home fires due to children are started with lighters or matches.
The median age of children who start reported fires by playing
is five years old, the median age for fatal victims of reported
fires is four years old, and the median age for nonfatal
injuries is in the late teens.
In 2008, The USFA added a novelty lighter code to the National
Fire Incident Reporting System (NFIRS) to begin collecting
specific information about novelty and toy-like lighters. NFIRS
data indicates that lighters play a role nearly equal to matches
in residential child-play fires.
According to the National Volunteer Fire Council (NVFC),
"Toylike or novelty lighters have been responsible for injuries,
deaths, and accidents across the nation. Because novelty
lighters look like toys, children are tempted to play with them
even if they have been taught that handling lighters is
dangerous. Fatal fires caused by novelty lighters have been
documented in several states. Some local and state governments
are taking action by banning their sale and limiting
distribution."
Numerous California cities, including Encinitas, Highland,
Norco, Redlands, and Vista have enacted local ordinances banning
novelty lighters. AB 625, by an express provision, does not
supersede these ordinances or any other local ordinances enacted
prior to January 1, 2010. At least 17 others states have
recently introduced legislation banning the sale of novelty
lighters.
In addition, the "Protect Children from Dangerous Lighters Act,"
a bill which bans the sale of novelty lighters, is currently
pending in the United States Senate.
Support . The Orange County Fire Authority writes in support,
"Across the nation fire service organizations are partnering
with their community leaders and elected officials to ban
novelty lighters. Some states have already taken action and
others are pursuing a ban this year. The fire service is well
aware that juvenile set fires continue to be a problem when it
comes to reducing intentionally set fires."
AB 625
Page 4
REGISTERED SUPPORT / OPPOSITION :
Support
Orange County Fire Authority (sponsor)
Sprinkler Fitters Association of California
Opposition
None on file.
Analysis Prepared by : Whitney Clark / B. & P. / (916)
319-3301