HSB 299 (LSB 2950YC (2) 91)

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 lighters, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  101B.9  Counterfeit and unsafe lighters.
   1.  For the purposes of this section:
   a.  “Counterfeit lighter” means a lighter that infringes on an intellectual property right of a citizen of the United States or a person that is protected by federal or state intellectual property law.
   b.  “Lighter” means an electrical or mechanical device that operates using any type of fuel and that is intended for use in igniting cigarettes, cigars, pipes, charcoal or gas grills, or fireplaces.
   c.  “Unsafe lighter” means any of the following:
   (1)  A disposable or refillable cigarette, cigar, or pipe lighter that does not comply with ASTM (American society for testing and materials) international standard F400-20, as amended.
   (2)  A utility, candle, grill, or fireplace lighter, or a lighting rod or gas match, that does not comply with ASTM international standard F2201-20, as amended.
   2.  A person shall not sell or offer for sale, or offer a free sample of, a counterfeit lighter or unsafe lighter in this state.
   3.  This section does not apply to the interstate transportation of counterfeit lighters or unsafe lighters that pass through this state or the storage of counterfeit lighters or unsafe lighters in a warehouse or distribution center in this state, if the warehouse or distribution center is not open to the public for the purposes of retail sale or distribution.
    Sec. 2.  Section 101B.10, subsection 1, Code 2025, is amended to read as follows:
   1.  This chapter Sections 101B.1 through 101B.8 shall cease to be applicable if federal fire safety standards for cigarettes that preempt this chapter are enacted and take effect subsequent to January 1, 2009, and the department shall notify the secretary of state and the Code editor if such federal fire safety standards for cigarettes are enacted.  However, section 101B.8 shall remain applicable for purposes of penalties and enforcement associated with section 101B.9.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a person from selling, offering for sale, or offering a free sample of a counterfeit or unsafe lighter, defined in the bill, in this state. The bill does not apply to counterfeit or unsafe lighters that pass through this state as part of interstate commerce or counterfeit or unsafe lighters that are stored in a warehouse or distribution center in this state, if the warehouse or distribution center is not open to the public for the purposes of retail sale or distribution. The bill continues to apply if federal fire safety standards for cigarettes that preempt Code chapter 101B (cigarette fire safety standards) are enacted.
   By operation of law, a violation of the bill is punishable by a civil penalty of up to $1,000 for a first offense and up to $5,000 for a second or subsequent offense, to be deposited in the general fund of the state. A violation is subject to a civil action by the department of inspections, appeals, and licensing or the attorney general for injunctive relief or to recover any costs or damages.