2005 California Health and Safety Code Sections 14940-14943 PART 7. CIGARETTE LIGHTERS

14940.  The Legislature finds and declares that unreasonable risks
of death and serious bodily injury are caused by fires started by the
operation of cigarette lighters by children.  The Legislature
further finds and declares that these risks are sufficiently severe
to require the enactment of standards to reduce the risks.
14941.  As used in this part, the following terms shall have the
following meanings:
   (a) "Cigarette lighter" means a device used to light cigarettes,
cigars, and pipes, but does not mean a match.  "Cigarette lighter"
includes a device, such as a watch, that may be used to light
cigarettes, cigars, and pipes even though it is primarily used for
other purposes.  "Cigarette lighter" does not include lighters that
are refillable and have a gross fueled weight of at least 35 grams.
   (b) "Operate" means the ability to cause a cigarette lighter to
ignite.
   (c) "Special design" means a design of a cigarette lighter that
results in the cigarette lighter being significantly difficult for
children under five years of age to operate.
14942.  (a) The State Fire Marshal shall adopt regulations by
January 1, 1994, that specify standards for the special design of
cigarette lighters, using an 80 percent acceptance criterion with
respect to safety features that prevent operation of the lighters by
children five years of age or younger.  The State Fire Marshal shall
select a test protocol from those which have been submitted, on or
before the effective date of this act, to the Consumer Products
Safety Commission of the United States. If federal standards for the
special design of cigarette lighters are  adopted, the federal
standard shall take precedence over a regulation adopted pursuant to
this section, and the regulation shall have no force or effect.
   (b) Each manufacturer shall provide for the testing of its
products that are subject to this section, through laboratories
approved by the State Fire Marshal, and shall bear the cost of
product testing according to the approved plan and test protocol.
The State Fire Marshal may collect fees from manufacturers to pay for
the application and approval process in conjunction with
administering this section.  Fees collected pursuant to this section
shall be deposited into the Cigarette Lighter Safety Account in the
General Fund, which is hereby created.  Moneys in that account shall
be available, upon appropriation by the Legislature, for
reimbursement of the State Fire Marshal's costs in processing
applications and approvals under this section.  This section shall
remain operative only if and when federal standards for the special
design of cigarette lighters for the purpose stated in this section
are not in effect.
14943.  (a) No person shall sell, offer for sale, or distribute a
cigarette lighter that does not comply with the standards adopted by
the State Fire Marshal pursuant to Section 14942.
   (b) Any person who violates subdivision (a) is guilty of an
infraction and shall be punished by a fine of up to one hundred
dollars ($100) for each cigarette lighter that is sold in violation
of subdivision (a).
   (c) This section shall not become operative until the State Fire
Marshal adopts standards pursuant to Section 14942 and shall be
operative only when those regulations are in effect as provided in
subdivision (a) of Section 14942.