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SB 793

SAFETY-TECH

104th Regular Session Introduced by Don Harmon

SB 793 bans sale or distribution of unsafe or counterfeit lighters in California that fail ASTM F400/F2201, expanding safety rules to more lighter types.

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · SB 793

SB 793 (Archuleta) — SAFETY‑TECH

Status: Introduced Feb 21, 2025. Most recent procedural note: Rule 3-9(a) / Re‑referred to Assignments. (Digest indicates no state appropriation or fiscal committee action required.)

Purpose / Intent

SB 793 seeks to strengthen public‑safety rules for lighters by (1) prohibiting the sale, offer for sale, or distribution of lighters that are unsafe under recognized ASTM standards, and (2) prohibiting the sale, offer for sale, or distribution of counterfeit lighters that infringe intellectual‑property rights. The bill expands the scope of existing cigarette‑lighter regulation to cover a broader range of lighter types and counterfeit products.

Key provisions

  • Adds Part 7.5 (Section 14945) to Division 12 of the Health and Safety Code titled “Counterfeit Lighters.”
  • Prohibition:
    • Makes it unlawful to sell, offer for sale, or distribute a “counterfeit lighter” or an “unsafe lighter” in California, subject to limited exceptions (see below).
  • Definitions:
    • “Counterfeit lighter” — a lighter that infringes an intellectual property right of a U.S. citizen or other person protected under federal or state IP law.
    • “Lighter” — any electrical or mechanical device that uses fuel and is intended to ignite a cigar, cigarette, fireplace, grill, pipe, or utility.
    • “Unsafe lighter” — any of the following:
    • A lighter for cigars/cigarettes/pipes that does not comply with ASTM International Standard F400.
    • A lighter for fireplaces/grills/utilities that does not comply with ASTM International Standard F2201.
    • A lighting rod or gas match that does not comply with ASTM International Standard F2201.
  • Exceptions:
    • The prohibition does not apply to interstate transportation of counterfeit or unsafe lighters.
    • The prohibition does not apply to storage of counterfeit or unsafe lighters in a warehouse or distribution center in California if that facility is not open to the public for retail sale or distribution.

Who would be affected

  • Manufacturers, importers, distributors, wholesalers, and retailers of lighters and related ignition products — required to supply only products meeting ASTM F400 or F2201 as applicable.
  • Consumers — potential safety benefits through reduced availability of non‑compliant or counterfeit lighters.
  • Intellectual property owners — strengthened protection against sale of infringing lighter products in California.
  • Regulatory/enforcement entities — may be called upon to identify and act against non‑compliant or counterfeit products (the bill text as provided does not specify enforcement agency or penalties).

Procedural / timeline notes

  • Introduced Feb 21, 2025 (author: Sen. Archuleta); companion bills listed (HB 396, HB 711).
  • Digest shows committee referrals and hearings in Senate and Assembly committees (Governmental Organization; Judiciary; Emergency Management; Appropriations).
  • The Legislative Counsel’s digest indicates no state appropriation or fiscal committee requirement.

Implementation considerations & open questions

  • The bill relies on ASTM F400 and F2201 standards; compliance will require sellers/importers to ensure product testing/certification consistent with those standards.
  • The text provided does not specify:
    • Which state agency will enforce the prohibition (e.g., State Fire Marshal, Attorney General, local authorities).
    • Civil or criminal penalties, remedies, or procedures for seizure/recall.
    • Specific labeling, certification, or recordkeeping requirements for demonstrating compliance.
  • Those enforcement and procedural details would affect how the prohibition is implemented and who bears compliance costs.

Summary

SB 793 broadens California’s lighter safety rules by tying permissible consumer lighters and related ignition products to ASTM International safety standards (F400 and F2201) and banning sale/distribution of counterfeit lighters that infringe IP rights, while carving out limited exceptions for interstate transport and non‑retail storage. The bill aims to reduce unsafe and infringing ignition products in the marketplace, though the draft provided leaves enforcement and penalty mechanisms unspecified.

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

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