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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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DEPARTMENT OF STATE POLICE,
OFFICE OF STATE FIRE MARSHAL

 

DIVISION 46

NOVELTY/TOYLIKE LIGHTERS

837-046-0000

Purpose and Scope

(1) The purpose of these rules is to implement the standards, policies and procedures pertaining to the regulation of novelty lighters by the Office of State Fire Marshal (OSFM).

(2) The scope of these rules applies to the implementation of 2009 HB 2365, relating to novelty lighters.

Stat. Auth.: 2009 HB 2365
Stats. Implemented: 2009 HB 2365
Hist.: OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09; OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09

837-046-0020

Effective Dates

OAR 837-046-0000 through 837-046-0180 are effective upon the date of filing.

Stat. Auth.: 2009 HB 2365
Stats. Implemented: 2009 HB 2365
Hist.: OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09; OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09

837-046-0040

Definitions

For the purpose of these rules, the following definitions apply to OAR 837-046-0000 through 837-046-0180:

(1) “Audio effects” means music, animal sounds and whistles, buzzers, beepers or other noises not pertinent to the flame-producing function of a lighter.

(2) "Authorized Representative of the State Fire Marshal" means an employee of the State Fire Marshal, as well as Assistants to the State Fire Marshal as defined in ORS 476.060.

(3) “Distribute” means to:

(a) Deliver to a person other than the purchaser; or

(b) Provide as part of a commercial promotion or as a prize or premium.

(4) “Importer” means a person who causes a lighter to enter this state from a manufacturing, wholesale, distribution or retail sales point outside this state, for the purpose of selling or distributing the lighter within this state or with the result that the lighter is sold or distributed within this state.

(5) “Lighter” means a handheld device of a type typically used for igniting tobacco products by use of a flame.

(6) “Manufacturer” means a person or business that makes lighters by hand or by machine.

(7) “Misleading design” means a lighter that has a shape that resembles or imitates an object other than a lighter. Misleading design applies to lighters of all types and includes lighters that resemble or imitate:

(a) Cartoon characters, figurines or action figures;

(b) Toys or game pieces;

(c) Musical instruments;

(d) Vehicles;

(e) Animals;

(f) Human body parts;

(g) Food, beverages or food or beverage packages;

(h) Weaponry;

(i) Furniture;

(j) Sports equipment;

(k) Holiday decoration;

(l) Tools; or

(m) Household products.

(8) “Novelty lighter”:

(a) Means a lighter that has misleading design, audio effects or visual effects, or that has other features of a type that would reasonably be expected to make the lighter appealing or attractive to a child less than 10 years of age.

(b) Does not mean:

(A) A lighter manufactured before January 1, 1980;

(B) A lighter that has been rendered permanently incapable of producing a flame or otherwise causing combustion; or

(C) A lighter with only logos, decals, decorative artwork or heat-shrinkable sleeves.

(9) "Retail dealer" means a person, other than a manufacturer or wholesale dealer that engages in distributing novelty lighters.

(10) “Sell” means to provide or promise to provide to a wholesale, retail, mail-order or other purchaser in exchange for consideration.

(11) “Visual effect”means flashing lights, color-changing lights and changing images. Visual effect does not mean a continuous LED light used as a flashlight.

(12) "Wholesale dealer" means a person that distributes novelty lighters to a retail dealer or other person for resale.

Stat. Auth.: 2009 HB 2365
Stats. Implemented: 2009 HB 2365
Hist.: OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09; OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09

837-046-0060

General

(1) As of June 2, 2009, lighters meeting the definition of novelty lighters may not be sold, offered for sale, distributed in Oregon or manufactured or possessed for the purpose of sale or distribution in Oregon.

(2) Wholesale dealers, importers or retail dealers must comply with:

(a) 2009 HB 2365; and

(b) OAR 837-046-0000 through 837-046-0180.

(3) A list of lighters, classes and types of lighters determined to be novelty lighters is available on the OSFM website or upon request. Photographs of novelty lighters are representative of lighter types, but may not include all prohibited lighters.

(4) Photographs of acceptable lighters are available on the OSFM website or upon request. Photographs of acceptable lighters are examples and do not include all acceptable lighters.

Stat. Auth.: 2009 HB 2365
Stats. Implemented: 2009 HB 2365
Hist.: OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09; OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09

837-046-0080

Inspections

The OSFM or an authorized representative may inspect Oregon wholesale dealers, agents, and retailers for compliance with 2009 HB 2365. Inspections include any documents to determine compliance with 2009 HB 2365.

Stat. Auth.: 2009 HB 2365
Stats. Implemented: 2009 HB 2365
Hist.: OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09; OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09

837-046-0100

Lighter Review Committee

Requests may be made for a review of a lighter determined to be a novelty lighter by the OSFM. Submit a written request and color photo to the OSFM. The lighter review committee will review the lighter and make a recommendation to the OSFM.

Stat. Auth.: 2009 HB 2365
Stats. Implemented: 2009 HB 2365
Hist.: OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09; OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09

837-046-0120

Cooperative Agreements

The OSFM may enter into a cooperative agreement with any state or local agency allowing the agency to act as an authorized representative of the OSFM for enforcement purposes of this division.

Stat. Auth.: 2009 HB 2365
Stats. Implemented: 2009 HB 2365
Hist.: OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09; OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09

837-046-0140

Seizure of Non-Compliant Product

The OSFM, an authorized representative, or a law enforcement agency may seize and make subject to forfeiture any lighter described in OAR 837-046-0040 and 2009 HB 2365.

Stat. Auth.: 2009 HB 2365
Stats. Implemented: 2009 HB 2365
Hist.: OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09; OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09

837-046-0160

Civil Penalties

(1) The OSFM may impose civil penalties in accordance with ORS 183.745 for any violation of 2009 HB 2365 or OAR 837-046-0000 through 837-046-0180. Refer to the following penalty matrix for penalties established by 2009 HB 2365:

(a) $10,000 if the person is a manufacturer or importer of lighters;

(b) $1,000 if the person is a wholesale dealer of lighters or distributes lighters by means other than distribution directly to consumers;

(c) $500 if the person is:

(A) A retail seller of lighters; or

(B) A person distributing lighters, if the person is other than a manufacturer, importer or wholesale dealer.

(2) Each day a person distributes or sells novelty lighters after being notified of the violation by the OSFM constitutes a separate violation and subjects the person to additional civil penalties.

(3) All monies collected from civil penalties are to be deposited to the State Fire Marshal Fund.

Stat. Auth.: 2009 HB 2365
Stats. Implemented: 2009 HB 2365
Hist.: OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09; OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09

837-046-0180

Procedures, Hearings and Judicial Review

(1) Hearings are conducted according to ORS 183.413 through 183.470.

(2) The Attorney General may bring action for the OSFM to:

(a) Seek injunctive relief to prevent or end a violation;

(b) Recover civil penalties;

(c) Obtain access for inspections; or

(d) Recover attorney fees and other enforcement costs and disbursements.

Stat. Auth.: 2009 HB 2365
Stats. Implemented: 2009 HB 2365
Hist.: OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09; OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09

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