MCP:ahe
2019 - 2020 LEGISLATURE
May 10, 2019 - Introduced by Representatives Krug,
VanderMeer, Ballweg, Kulp,
Dittrich, Mursau, Thiesfeldt, Tusler, Bowen, Spiros, Shankland,
Skowronski, Subeck and Tittl, cosponsored by Senators Testin,
Wanggaard,
Olsen, Johnson and Marklein. Referred to Committee on Consumer
Protection.
AB202,1,2
1An Act to create 100.435 of the statutes;
relating to: the display and sale of
2novelty lighters and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits the sale of novelty lighters to minors and prohibits the
display for retail sale of novelty lighters in an area of a retail establishment that is
accessible to the general public. Under the bill, “novelty lighter" means a device
containing a combustible fuel intended for use in igniting cigarettes, cigars, or pipes,
if any of the following applies: 1) the device is designed to resemble a cartoon
character, toy, gun, watch, musical instrument, vehicle, animal, food, or beverage; or
2) the device plays musical notes, has flashing lights, or has other features that are
appealing to or intended for use by juveniles. However, the bill provides that “novelty
lighter" does not include any of the following: 1) a device manufactured before 1980;
2) a device intended for use in igniting a fire in a fireplace or wood stove or in a
charcoal or gas grill; or 3) a standard disposable or refillable lighter that is printed
or decorated with logos, labels, decals, artwork, or heat-shrinkable sleeves. A person
who violates the prohibitions in the bill is subject to a forfeiture of up to $100.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB202,1
1Section
1. 100.435 of the statutes is created to read:
AB202,2,5
2100.435 Novelty lighters; sale and display restricted. (1) (a) In this
3section, subject to par. (b), “novelty lighter" means a device containing a combustible
4fuel intended for use in igniting cigarettes, cigars, or pipes, if any of the following
5applies:
AB202,2,76
1. The device is designed to resemble a cartoon character, toy, gun, watch,
7musical instrument, vehicle, animal, food, or beverage.
AB202,2,98
2. The device plays musical notes, has flashing lights, or has other features that
9appeal to or are intended for use by minors.
AB202,2,1010
(b) “Novelty lighter" does not include any of the following:
AB202,2,1111
1. A device manufactured before 1980.
AB202,2,1312
2. A device intended for use in igniting a fire in a fireplace or wood stove or in
13a charcoal or gas grill.
AB202,2,1514
3. A standard disposable or refillable lighter that is printed or decorated with
15logos, labels, decals, artwork, or heat-shrinkable sleeves.
AB202,2,17
16(2) (a) No person may display a novelty lighter for retail sale in an area of a
17retail establishment that is accessible to the general public.
AB202,2,1818
(b) No person may sell a novelty lighter to a minor.
AB202,2,20
19(3) Any person who violates this section is subject to a forfeiture not to exceed
20$100.
