Or. Admin. Code § 837-046-0040

Current through Register Vol. 63, No. 11, November 1, 2024

Section 837-046-0040 - Definitions

For the purpose of these rules, the following definitions apply to OAR 837-046-0000 through 837-046-0180:

(1) "Audio effects" means music, animal sounds and whistles, buzzers, beepers or other noises not pertinent to the flame-producing function of a lighter.

(2) "Authorized Representative of the State Fire Marshal" means an employee of the State Fire Marshal, as well as Assistants to the State Fire Marshal as defined in ORS 476.060.

(3) "Distribute" means to:

(a) Deliver to a person other than the purchaser; or

(b) Provide as part of a commercial promotion or as a prize or premium.

(4) "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.

(5) "Lighter" means a handheld device of a type typically used for igniting tobacco products by use of a flame.

(6) "Manufacturer" means a person or business that makes lighters by hand or by machine.

(7) "Misleading design" means a lighter that has a shape that resembles or imitates an object other than a lighter. Misleading design applies to lighters of all types and includes lighters that resemble or imitate:

(a) Cartoon characters, figurines or action figures;

(b) Toys or game pieces;

(c) Musical instruments;

(d) Vehicles;

(e) Animals;

(f) Human body parts;

(g) Food, beverages or food or beverage packages;

(h) Weaponry;

(i) Furniture;

(j) Sports equipment;

(k) Holiday decoration;

(l) Tools; or

(m) Household products.

(8) "Novelty lighter":

(a) Means a lighter that has misleading design, audio effects or visual effects, or that has other features of a type that would reasonably be expected to make the lighter appealing or attractive to a child less than 10 years of age.

(b) Does not mean:

(A) A lighter manufactured before January 1, 1980;

(B) A lighter that has been rendered permanently incapable of producing a flame or otherwise causing combustion; or

(C) A lighter with only logos, decals, decorative artwork or heat-shrinkable sleeves.

(9) "Retail dealer" means a person, other than a manufacturer or wholesale dealer that engages in distributing novelty lighters.

(10) "Sell" means to provide or promise to provide to a wholesale, retail, mail-order or other purchaser in exchange for consideration.

(11) "Visual effect"means flashing lights, color-changing lights and changing images. Visual effect does not mean a continuous LED light used as a flashlight.

(12) "Wholesale dealer" means a person that distributes novelty lighters to a retail dealer or other person for resale.

Or. Admin. Code § 837-046-0040

OSFM 2-2009(Temp), f. 5-29-09, cert. ef. 6-2-09 thru 11-20-09; OSFM 5-2009, f. 11-20-09, cert. ef. 11-21-09

Stat. Auth.: 2009 HB 2365

Stats. Implemented: 2009 HB 2365