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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BURNS, FARRY, BRENNAN, CALTAGIRONE, D. COSTA, DAVIS, GILLESPIE, HALUSKA, KOTIK, KULA, MAHONEY AND SWANGER, MARCH 31, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 31, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, prohibiting the retail sale and |
3 | distribution of novelty lighters; and imposing a penalty. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 18 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 7332. Retail sale and distribution of novelty lighters |
9 | prohibited. |
10 | (a) Offense defined.--It shall be unlawful for any person to |
11 | sell at retail, offer for retail sale or distribute for retail |
12 | sale or promotion in this Commonwealth a novelty lighter. |
13 | (b) Grading.--A person who violates subsection (a) commits a |
14 | summary offense. |
15 | (c) Exception.--Nothing contained in this section shall |
16 | prohibit the transportation of novelty lighters through this |
17 | Commonwealth or the storage of novelty lighters in a warehouse |
18 | or distribution center in this Commonwealth if the warehouse or |
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1 | distribution center is closed to the public for purposes of |
2 | retail sales. |
3 | (d) Definition.--As used in this section the term "novelty |
4 | lighter" means a mechanical or electrical device typically used |
5 | for lighting cigarettes, cigars or pipes that is designed to |
6 | appear to be a toy, to feature a flashing light or to make |
7 | musical sounds. The term does not include: |
8 | (1) A lighter manufactured prior to January 1, 1980. |
9 | (2) A lighter incapable of being fueled or lacking a |
10 | device necessary to produce combustion or a flame. |
11 | (3) Any mechanical or electrical device primarily used |
12 | to ignite fuel for fireplaces or for charcoal or gas grills. |
13 | Section 2. This act shall take effect in 60 days. |
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