1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, prohibiting the retail sale and
3distribution of novelty lighters; and imposing a penalty.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1.  Title 18 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 7332.  Retail sale and distribution of novelty lighters
9prohibited.

10(a)  Offense defined.--It shall be unlawful for any person to
11sell at retail, offer for retail sale or distribute for retail
12sale or promotion in this Commonwealth a novelty lighter.

13(b)  Grading.--A person who violates subsection (a) commits a
14summary offense.

15(c)  Exception.--Nothing contained in this section shall
16prohibit the transportation of novelty lighters through this
17Commonwealth or the storage of novelty lighters in a warehouse
18or distribution center in this Commonwealth if the warehouse or

1distribution center is closed to the public for purposes of
2retail sales.

3(d)  Definition.--As used in this section the term "novelty
4lighter" means a mechanical or electrical device typically used
5for lighting cigarettes, cigars or pipes that is designed to
6appear to be a toy, to feature a flashing light or to make
7musical sounds. The term does not include:

8(1)  A lighter manufactured prior to January 1, 1980.

9(2)  A lighter incapable of being fueled or lacking a
10device necessary to produce combustion or a flame.

11(3)  Any mechanical or electrical device primarily used
12to ignite fuel for fireplaces or for charcoal or gas grills.

13Section 2.  This act shall take effect in 60 days.