53-7-502. Definitions.
As used in this part:
(1) "Audio effect" includes music, animal sounds, whistles, buzzers, or other noises not pertinent to the flame-producing function of the lighter.
(2) "Distribute" means to: deliver to a person other than the purchaser; or provide as part of a commercial promotion or as a prize or premium. "Distribute" does not include providing as a personal gift.
(3) "Importer" means a person who causes a lighter to enter this state from a manufacturing, wholesale, distribution, or retail sales point outside this state: for the purpose of selling or distributing the lighter within this state; or with the result that the lighter is sold or distributed within this state.
(4) "Lighter" means a handheld mechanical device of a type typically used for igniting tobacco products by use of a flame.
(5) "Misleading design" means a lighter that: has a shape that resembles or imitates an object other than a lighter; may have one or more audio or visual effects; and has other features of a type that would reasonably be expected to make the lighter appealing or attractive to a child younger than 10 years of age.
(6) "Novelty lighter": means a lighter that has: a misleading design; and operates on any fuel, including butane or liquid fuel; does not mean: a lighter manufactured before January 1, 1980; a lighter that has been rendered permanently incapable of producing a flame or otherwise causing combustion; or a mechanical device primarily used to ignite fuel for fireplaces, or for charcoal or gas grills.
(7) "Sell" means to provide or promise to provide a product to a wholesale, retail, mail-order, or other purchaser in exchange for consideration.
(8) "Visual effect": includes flashing lights, color-changing lights, or changing images; and does not include logos, decals, decorative artwork, or heat-shrinkable sleeves.