Bill Text: NY A06875 | 2009-2010 | General Assembly | Amended
Bill Title: Prohibits the retail sale, distribution or offer to sell at retail to any person in the state, novelty lighters; provides definition of novelty lighters; establishes civil penalties; makes exception to those not intending the sale of novelty lighters in New York state; provides no person is subject to a civil penalty for any violation occurring before the 31st day of enactment.
Spectrum: Slight Partisan Bill (Democrat 21-7)
Status: (Introduced - Dead) 2010-04-13 - reported referred to ways and means [A06875 Detail]
Download: New_York-2009-A06875-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6875--B 2009-2010 Regular Sessions I N A S S E M B L Y March 13, 2009 ___________ Introduced by M. of A. FIELDS, PHEFFER, GABRYSZAK, DINOWITZ, HOOPER, GALEF, COOK, GORDON, MAISEL, CARROZZA, CHRISTENSEN, TOBACCO, BURLING, ERRIGO -- Multi-Sponsored by -- M. of A. BROOK-KRASNY, CALHOUN, DUPREY, MAGEE, McENENY, ROBINSON, RUSSELL, WEISENBERG -- read once and referred to the Committee on Economic Development, Job Creation, Commerce and Industry -- reference changed to the Committee on Consum- er Affairs and Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to prohibiting the retail sale and distribution of novelty lighters THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The general business law is amended by adding a new section 2 391-q to read as follows: 3 S 391-Q. SALE AND DISTRIBUTION OF NOVELTY LIGHTERS PROHIBITED. 1. 4 DEFINITIONS: 5 (A) "AUDIO EFFECTS" INCLUDES MUSIC, ANIMAL SOUNDS, WHISTLES, BUZZERS, 6 BEEPERS OR OTHER NOISES NOT TYPICALLY CAUSED BY OR PERTINENT TO THE 7 FLAME-PRODUCING FUNCTION OF THE LIGHTER. 8 (B) "DISTRIBUTE" MEANS TO: 9 (I) DELIVER TO A PERSON OTHER THEN THE PURCHASER, FOR RETAIL SALE; OR 10 (II) PROVIDE AS PART OF A COMMERCIAL PROMOTION OR AS A PRIZE OR PREMI- 11 UM. 12 (C) "IMPORTER" MEANS A PERSON WHO CAUSES A LIGHTER TO ENTER THIS STATE 13 FROM A MANUFACTURING, WHOLESALE, DISTRIBUTION OR RETAIL SALES POINT 14 OUTSIDE THIS STATE, FOR THE PURPOSE OF SELLING OR DISTRIBUTING THE 15 LIGHTER WITHIN THIS STATE OR WITH THE RESULT THAT THE LIGHTER IS SOLD OR 16 DISTRIBUTED WITHIN THIS STATE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09700-03-9 A. 6875--B 2 1 (D) "LIGHTER" MEANS A MECHANICAL OR ELECTRICAL DEVICE OF A TYPE TYPI- 2 CALLY USED FOR IGNITING TOBACCO PRODUCTS BY USE OF A FLAME. 3 (E) "NOVELTY LIGHTER": 4 (I) MEANS A MECHANICAL OR ELECTRICAL DEVICE TYPICALLY USED FOR LIGHT- 5 ING CIGARETTES, CIGARS OR PIPES THAT IS DESIGNED TO APPEAR TO BE A TOY, 6 OR DESIGNED TO RESEMBLE A CARTOON CHARACTER, GUN, WATCH, MUSICAL INSTRU- 7 MENT, VEHICLE, ANIMAL, FOOD OR BEVERAGE OR FEATURE A FLASHING LIGHT OR 8 CREATE AUDIO EFFECTS; AND 9 (II) DOES NOT INCLUDE: 10 (A) A LIGHTER MANUFACTURED BEFORE JANUARY FIRST, NINETEEN HUNDRED 11 EIGHTY; OR 12 (B) A LIGHTER THAT HAS BEEN RENDERED PERMANENTLY INCAPABLE OF PRODUC- 13 ING A FLAME OR OTHERWISE CAUSING COMBUSTION; OR 14 (C) ANY MECHANICAL OR ELECTRICAL DEVICE PRIMARILY USED TO IGNITE FUEL 15 FOR FIREPLACES OR FOR CHARCOAL OR GAS GRILLS. 16 (F) "SELL" MEANS TO PROVIDE OR PROMISE TO PROVIDE TO A WHOLESALE, 17 RETAIL, MAIL-ORDER OR OTHER PURCHASER IN EXCHANGE FOR CONSIDERATION. 18 2. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION SHALL 19 DISTRIBUTE, SELL AT RETAIL OR OFFER FOR RETAIL SALE IN THIS STATE, OR TO 20 ANY PERSON LOCATED IN THIS STATE, A NOVELTY LIGHTER. 21 3. THE STATE FIRE ADMINISTRATOR SHALL ESTABLISH AND PUBLICIZE A TOLL 22 FREE TELEPHONE HOTLINE NUMBER TO RECEIVE INFORMATION FROM THE PUBLIC 23 ABOUT SUSPECTED VIOLATIONS OF THIS SECTION. THE STATE FIRE ADMINISTRATOR 24 SHALL PROVIDE INFORMATION ON ITS AGENCY WEBSITE REGARDING THIS SECTION 25 AND THE DANGERS OF NOVELTY LIGHTERS, AND PROVIDE THE OPPORTUNITY FOR 26 PERSONS SUSPECTING VIOLATIONS OF THIS SECTION TO TRANSMIT SUCH INFORMA- 27 TION TO THE OFFICE OF FIRE PREVENTION AND CONTROL THROUGH THE INTERNET. 28 4. WHENEVER ANY POLICE OFFICER DESIGNATED IN SECTION 1.20 OF THE CRIM- 29 INAL PROCEDURE LAW OR A PEACE OFFICER DESIGNATED IN SUBDIVISION FOUR AND 30 SUBDIVISION SEVENTY-NINE PERTAINING TO THE DEPARTMENT OF STATE'S OFFICE 31 OF FIRE PREVENTION AND CONTROL, OF SECTION 2.10 OF SUCH LAW, ACTING 32 PURSUANT TO HIS OR HER SPECIAL DUTIES, SHALL DISCOVER A NOVELTY LIGHTER 33 IN VIOLATION OF THIS SECTION, SUCH OFFICER IS HEREBY AUTHORIZED AND 34 EMPOWERED FORTHWITH TO SEIZE AND TAKE POSSESSION OF SUCH ITEMS. SUCH 35 SEIZED ITEMS SHALL BE TURNED OVER TO THE STATE FIRE ADMINISTRATOR OR HIS 36 DESIGNEE. 37 5. ANY PERSON WHO VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL 38 PENALTY AS FOLLOWS: 39 (A) NOT MORE THAN TEN THOUSAND DOLLARS IF THE PERSON IS A MANUFACTURER 40 OR IMPORTER OF LIGHTERS. 41 (B) NOT MORE THAN ONE THOUSAND DOLLARS IF THE PERSON IS A WHOLESALER 42 OF LIGHTERS OR DISTRIBUTES LIGHTERS BY MEANS OTHER THAN DISTRIBUTION 43 DIRECTLY TO CONSUMERS. 44 (C) NOT MORE THAN FIVE HUNDRED DOLLARS IF THE PERSON IS: 45 (I) A RETAIL SELLER OF LIGHTERS; OR 46 (II) A PERSON DISTRIBUTING LIGHTERS, IF THE PERSON IS OTHER THAN A 47 MANUFACTURER, IMPORTER OR WHOLESALER. 48 (D) POSSESSION OF EACH NOVELTY LIGHTER IN VIOLATION OF THIS SECTION 49 SHALL CONSTITUTE A SEPARATE VIOLATION. IF A PERSON CONTINUES TO VIOLATE 50 THIS SECTION AFTER BEING GIVEN WRITTEN NOTICE OF THE VIOLATION, EACH DAY 51 THAT THE VIOLATION CONTINUES IS A SEPARATE OFFENSE SUBJECT TO A CIVIL 52 PENALTY. 53 6. THIS SECTION SHALL NOT APPLY TO A MANUFACTURER, IMPORTER, DISTRIBU- 54 TOR OR WHOLESALE SELLER WHO CAN DEMONSTRATE THAT THE NOVELTY LIGHTERS 55 ARE NOT INTENDED FOR SALE WITHIN THE STATE. A. 6875--B 3 1 7. THE STATE FIRE ADMINISTRATOR IS HEREBY AUTHORIZED TO PROMULGATE 2 SUCH RULES AND REGULATIONS AS ARE DEEMED NECESSARY TO IMPLEMENT THE 3 PROVISIONS OF THIS SECTION, INCLUDING PRESCRIBING MINIMUM STANDARDS FOR 4 ADMINISTRATION AND ENFORCEMENT OF THIS SECTION. THE STATE FIRE ADMINIS- 5 TRATOR MAY ASSESS MONETARY PENALTIES AS ESTABLISHED HEREIN, SUCH PENAL- 6 TIES COMMENCING ON THE FIRST DAY FOLLOWING THE ABATEMENT DATE SPECIFIED 7 IN AN ORDER, AND CONTINUING UNTIL THE VIOLATION HAS BEEN ABATED. ABATE- 8 MENT OF VIOLATIONS SHALL BE VERIFIED BY THE STATE FIRE ADMINISTRATOR. 9 8. IN ADDITION TO THE ENFORCEMENT AUTHORITY GRANTED TO THE STATE FIRE 10 ADMINISTRATOR IN THIS SECTION, WHENEVER THERE SHALL BE A VIOLATION OF 11 THIS SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE 12 NAME OF THE PEOPLE OF THE STATE OF NEW YORK, TO A COURT OR JUSTICE 13 HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND 14 UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND 15 RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO 16 THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN 17 FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR 18 JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT 19 REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED 20 THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE 21 ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF 22 SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, 23 AND DIRECT RESTITUTION. WHENEVER THE COURT SHALL DETERMINE THAT A 24 VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL 25 PENALTY AS SET FORTH IN SUBDIVISION FIVE OF THIS SECTION. IN CONNECTION 26 WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED 27 TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO 28 ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. 29 S 2. This act shall take effect immediately. Notwithstanding such 30 effective date, no person shall be subject to a civil penalty for any 31 violation that occurs before the ninetieth day after such effective 32 date.