53-7-504. Offenses -- Civil penalties -- Penalty money to be deposited into the Fire Prevention Support Account.
(1) A person may not sell, offer for sale, or distribute a novelty lighter in this state. A person may not import a novelty lighter into this state for the purpose of selling or distributing the novelty lighter within this state. A person may not possess a novelty lighter in inventory for the purpose of selling or distributing the novelty lighter within this state.
(2) The state fire marshal may assess a civil penalty against a person who violates Subsectionin accordance with. (1) Title 63G, Chapter 4, Administrative Procedures Act The civil penalty for a violation of Subsectionmay not exceed: (1) $10,000 for the importation of novelty lighters; $1,000 if the person acts as a wholesaler of novelty lighters or distributes novelty lighters by means other than distribution directly to consumers; and $500 if the person is: a retail seller of novelty lighters; or a person distributing novelty lighters, other than as a manufacturer, importer, or wholesaler.
(3) If a person continues to violate this section after the state fire marshal gives the person written notice of a violation, each day that the violation continues after written notice is given is a separate offense subject to a civil penalty.
(4) For purposes of imposing civil penalties, it is prima facie evidence that a lighter is a novelty lighter if the lighter is listed by the state fire marshal as a novelty lighter under Section, or is of a class or type of lighter listed by the state fire marshal as a novelty lighter. 53-7-503 Listing by the state fire marshal is not a requirement for a determination that a lighter is a novelty lighter.
(5) All money collected from civil penalties under this section shall be deposited into the Fire Prevention Support Account created in Section. 53-7-204.2
(6) A person may seek judicial review of a final agency action under this part as provided in. Title 63G, Chapter 4, Administrative Procedures Act