LRB-1263/1
MDK:eev:rs
2013 - 2014 LEGISLATURE
September 26, 2013 - Introduced by Representatives Krug, Bies, A. Ott, Wachs,
T. Larson, Loudenbeck, Vruwink and Sinicki, cosponsored by Senators Lassa
and Lehman. Referred to Committee on Consumer Protection.
AB391,1,2
1An Act to create 100.415 of the statutes;
relating to: the display and sale of
2novelty lighters and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits the sale of novelty lighters to minors and prohibits the
display for retail sale of novelty lighters in an area of a retail establishment that is
accessible to the general public. Under the bill, "novelty lighter" means a device
containing a combustible fuel intended for use in igniting cigarettes, cigars, or pipes,
if any of the following applies: 1) the device is designed to resemble a cartoon
character, toy, gun, watch, musical instrument, vehicle, animal, food, or beverage,
unless the resemblance is solely the result of printing or decoration with a logo, label,
decal, artwork, or a heat-shrinkable sleeve; or 2) the device plays musical notes, has
flashing lights, or has other features that are appealing to or intended for use by
juveniles, except that "novelty lighter" does not include a device manufactured before
1980 or a device intended for use in igniting a fire in a fireplace or wood stove or in
a charcoal or gas grill. A person who violates the prohibitions in the bill is subject
to a forfeiture of up to $100.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB391,1
1Section
1. 100.415 of the statutes is created to read:
AB391,2,5
2100.415 Novelty lighters; sale and display restricted. (1) (a) In this
3section, subject to par. (b), "novelty lighter" means a device containing a combustible
4fuel intended for use in igniting cigarettes, cigars, or pipes, if any of the following
5applies:
AB391,2,96
1. The device is designed to resemble a cartoon character, toy, gun, watch,
7musical instrument, vehicle, animal, food, or beverage, unless the resemblance is
8solely the result of printing or decoration with a logo, label, decal, artwork, or a
9heat-shrinkable sleeve.
AB391,2,1110
2. The device plays musical notes, has flashing lights, or has other features that
11appeal to or are intended for use by minors.
AB391,2,1412
(b) "Novelty lighter" does not include a device manufactured before 1980 or a
13device intended for use in igniting a fire in a fireplace or wood stove or in a charcoal
14or gas grill.
AB391,2,16
15(2) (a) No person may display a novelty lighter for retail sale in an area of a
16retail establishment that is accessible to the general public.
AB391,2,1717
(b) No person may sell a novelty lighter to a minor.
AB391,2,19
18(3) Any person who violates this section is subject to a forfeiture not to exceed
19$100.
