§ 66-16.1. Retail sale of novelty lighters prohibited. - North Carolina Statutes

§ 66‑16.1.  Retail saleof novelty lighters prohibited.

(a)        Definition. – Asused in this section, the term "novelty lighter" means a mechanicalor electrical device typically used for lighting cigarettes, cigars, or pipes,that is designed to resemble a cartoon character, toy, gun, watch, musicalinstrument, vehicle, animal, food or beverage, or similar articles, or thatplays musical notes. A novelty lighter may operate on any fuel, includingbutane, isobutene, or liquid fuel.

(b)        Prohibition. – Itshall be unlawful to sell at retail, offer to sell at retail, or give, ordistribute for retail sale or promotion, a novelty lighter in this State. Thisprohibition does not apply to the transportation of novelty lighters throughthis State or to the storage of novelty lighters in a warehouse or distributioncenter in this State that is closed to the public for purposes of retail sales.

(c)        Exceptions. – Theprohibition in this section does not apply to any of the following:

(1)        A lightermanufactured prior to January 1, 1980.

(2)        Any mechanical orelectrical device primarily used to ignite fuel for fireplaces or charcoal orgas grills.

(3)        Standard disposableor refillable lighters that are printed or decorated with logos, labels, decalsor artwork, or heat shrinkable sleeves, but which do not otherwise resemble anovelty lighter.

(d)        Penalty. – Aviolation of this section is an infraction and shall subject a violator to apenalty of five hundred dollars ($500.00) for each violation. The clearproceeds of any penalties imposed under this section shall be remitted inaccordance with G.S. 115C‑452.  (2009‑230, s. 3.)