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HSB 299

A bill for an act relating to the distribution of counterfeit and unsafe lighters, and making penalties applicable.

2025-2026 Regular Session

The bill bans selling or offering samples of counterfeit or unsafe lighters and sets safety standards aligned with ASTM to protect consumers.

Subcommittee: Bloomingdale, Harris and Nielsen.
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Bill Summary · HSB 299

Summary: HSB 299 — Counterfeit and Unsafe Lighters

Overview

HSB 299 is a proposed state bill introduced on March 5, 2025, focused on restricting the distribution and sale of counterfeit and unsafe lighters within the state. It establishes definitions for counterfeit lighters and unsafe lighters, sets prohibitions on certain commercial activities, and references alignment with federal safety standards. The bill is currently in subcommittee (Bloomingdale, Harris, and Nielsen).

Purpose and Intent

  • Protect consumers from counterfeit and unsafe lighters.
  • Create clear standards and definitions to regulate the sale and distribution of lighters.
  • Align state regulation with applicable safety standards, while providing a mechanism to respond if federal standards preempt state law.

Key Provisions

Definitions (Section 101B.9)

  • Counterfeit lighter: A lighter that infringes on an IP right of a U.S. citizen or a party protected by IP law.
  • Lighter: An electrical or mechanical device that uses any type of fuel and is intended for igniting cigarettes, cigars, pipes, charcoal or gas grills, or fireplaces.
  • Unsafe lighter:
    • (1) A disposable or refillable cigarette, cigar, or pipe lighter that does not comply with ASTM 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).

Prohibited Acts

  • It is unlawful to sell, offer for sale, or offer a free sample of a counterfeit lighter or an unsafe lighter within the state.

Exemptions

  • Interstate transportation of counterfeit or unsafe lighters through the state is not restricted by this section.
  • Storage in a warehouse or distribution center located in the state is exempt if the facility is not open to the public for retail sale or distribution.

Relationship to Federal Standards (Sec. 101B.10)

  • The chapter (Sections 101B.1–101B.8) ceases to apply if federal fire safety standards for cigarettes that preempt this chapter are enacted and take effect after January 1, 2009.
  • If preemption occurs, the department must notify the Secretary of State and the Code Editor.

Affected Parties and Impacts

  • Retailers and distributors: Must ensure products offered for sale or as samples are not counterfeit or unsafe per the definitions; compliance with ASTM standards is a key reference.
  • Manufacturers/importers: May face increased scrutiny and potential penalties for noncompliant products.
  • Warehousing/logistics operators: Exemption for non-public warehouses suggests ongoing storage considerations must comply with the state’s enforcement framework if sales occur in the future.
  • Consumers: Potentially safer access to measurable safety standards for lighters.

Procedural and Timeline Aspects

  • Introduced and referred to State Government on March 5, 2025.
  • Currently under subcommittee review (Bloomingdale, Harris, Nielsen), with no final passage date indicated.

Notes

  • The summary reflects the version content provided; explicit penalties or enforcement mechanisms beyond prohibitions are not included in the text provided and may appear in other sections of the bill.

Compiled from official sources — confirm details with the bill’s official record.

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