House
Study
Bill
299
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
BLOOMINGDALE)
A
BILL
FOR
An
Act
relating
to
the
distribution
of
counterfeit
and
unsafe
1
lighters,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2950YC
(2)
91
ss/ns
H.F.
_____
Section
1.
NEW
SECTION
.
101B.9
Counterfeit
and
unsafe
1
lighters.
2
1.
For
the
purposes
of
this
section:
3
a.
“Counterfeit
lighter”
means
a
lighter
that
infringes
4
on
an
intellectual
property
right
of
a
citizen
of
the
United
5
States
or
a
person
that
is
protected
by
federal
or
state
6
intellectual
property
law.
7
b.
“Lighter”
means
an
electrical
or
mechanical
device
that
8
operates
using
any
type
of
fuel
and
that
is
intended
for
use
in
9
igniting
cigarettes,
cigars,
pipes,
charcoal
or
gas
grills,
or
10
fireplaces.
11
c.
“Unsafe
lighter”
means
any
of
the
following:
12
(1)
A
disposable
or
refillable
cigarette,
cigar,
or
pipe
13
lighter
that
does
not
comply
with
ASTM
(American
society
for
14
testing
and
materials)
international
standard
F400-20,
as
15
amended.
16
(2)
A
utility,
candle,
grill,
or
fireplace
lighter,
or
17
a
lighting
rod
or
gas
match,
that
does
not
comply
with
ASTM
18
international
standard
F2201-20,
as
amended.
19
2.
A
person
shall
not
sell
or
offer
for
sale,
or
offer
a
20
free
sample
of,
a
counterfeit
lighter
or
unsafe
lighter
in
this
21
state.
22
3.
This
section
does
not
apply
to
the
interstate
23
transportation
of
counterfeit
lighters
or
unsafe
lighters
that
24
pass
through
this
state
or
the
storage
of
counterfeit
lighters
25
or
unsafe
lighters
in
a
warehouse
or
distribution
center
in
26
this
state,
if
the
warehouse
or
distribution
center
is
not
open
27
to
the
public
for
the
purposes
of
retail
sale
or
distribution.
28
Sec.
2.
Section
101B.10,
subsection
1,
Code
2025,
is
amended
29
to
read
as
follows:
30
1.
This
chapter
Sections
101B.1
through
101B.8
shall
31
cease
to
be
applicable
if
federal
fire
safety
standards
for
32
cigarettes
that
preempt
this
chapter
are
enacted
and
take
33
effect
subsequent
to
January
1,
2009,
and
the
department
shall
34
notify
the
secretary
of
state
and
the
Code
editor
if
such
35
-1-
LSB
2950YC
(2)
91
ss/ns
1/
2
H.F.
_____
federal
fire
safety
standards
for
cigarettes
are
enacted.
1
However,
section
101B.8
shall
remain
applicable
for
purposes
of
2
penalties
and
enforcement
associated
with
section
101B.9.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
prohibits
a
person
from
selling,
offering
for
7
sale,
or
offering
a
free
sample
of
a
counterfeit
or
unsafe
8
lighter,
defined
in
the
bill,
in
this
state.
The
bill
does
9
not
apply
to
counterfeit
or
unsafe
lighters
that
pass
through
10
this
state
as
part
of
interstate
commerce
or
counterfeit
or
11
unsafe
lighters
that
are
stored
in
a
warehouse
or
distribution
12
center
in
this
state,
if
the
warehouse
or
distribution
center
13
is
not
open
to
the
public
for
the
purposes
of
retail
sale
or
14
distribution.
The
bill
continues
to
apply
if
federal
fire
15
safety
standards
for
cigarettes
that
preempt
Code
chapter
101B
16
(cigarette
fire
safety
standards)
are
enacted.
17
By
operation
of
law,
a
violation
of
the
bill
is
punishable
18
by
a
civil
penalty
of
up
to
$1,000
for
a
first
offense
and
up
19
to
$5,000
for
a
second
or
subsequent
offense,
to
be
deposited
20
in
the
general
fund
of
the
state.
A
violation
is
subject
to
21
a
civil
action
by
the
department
of
inspections,
appeals,
and
22
licensing
or
the
attorney
general
for
injunctive
relief
or
to
23
recover
any
costs
or
damages.
24
-2-
LSB
2950YC
(2)
91
ss/ns
2/
2