California § 14945

§ 14945.

(a) (1) Subject to paragraph (2), no person shall sell, offer for sale, or distribute a counterfeit lighter or an unsafe lighter. (2) Paragraph (1) does not apply to either of the following: (A) The interstate transportation of counterfeit lighters or unsafe lighters. (B) 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. (b) For purposes of this section, the following definitions apply: (1) “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. (2) “Lighter” means an electrical or mechanical device that operates using any type of fuel and that is intended for use in igniting a cigar, cigarette, fireplace, grill, pipe, or utility. (3) “Unsafe lighter” means any of the following: (A) A lighter used for igniting cigars, cigarettes, or pipes that does not comply with ASTM International Standard F400. (B) A lighter used to ignite fireplaces, grills, or utilities that does not comply with ASTM International Standard F2201. (C) A lighting rod or gas match that does not comply with ASTM International Standard F2201.