MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary B
By: Representative Evans (91st)
AN ACT TO PROHIBIT THE SALE OR DISTRIBUTION OF NOVELTY LIGHTERS IN MISSISSIPPI; TO PROVIDE DEFINITIONS; TO PROVIDE FOR ENFORCEMENT OF THIS ACT; TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The retail sale, offer of retail sale, gift or distribution of any novelty lighter within the State of Mississippi is prohibited. This prohibition is inapplicable to (a) novelty lighters which are only being actively transported through the state, or (b) novelty lighters located in a warehouse closed to the public for purposes of retail sales.
(2) For purposes of this act:
"Novelty lighter" means a lighter that has entertaining audio or visual effects, or that depicts (logos, decals, art work, etc.) or resembles in physical form or function articles commonly recognized as appealing to or intended for use by children ten (10) years of age or younger. This includes, but is not limited to, lighters that depict or resemble cartoon characters, toys, guns, watches, musical instruments, vehicles, toy animals, food or beverages, or that play musical notes or have flashing lights or other entertaining features. A novelty lighter may operate by any fuel, including butane or liquid fuel.
The term "novelty lighter" excludes: (a) any lighter manufactured prior to 1980; and (b) any lighter which lacks fuel or a device necessary to produce combustion or a flame.
(3) The provisions of this section shall be enforced by the fire marshal, any police officer, any code enforcement officer, and any other law enforcement officer authorized to enforce any law of the State of Mississippi.
(4) Any person who violates the provisions of this section shall, upon conviction, be guilty of a misdemeanor whose penalty for violation of this section shall be a fine not to exceed One Hundred Fifty Dollars ($150.00), and each separate occurrence shall be and constitute a separate offense.
SECTION 2. This act shall take effect and be in force from and after July 1, 2010.