Section 53-7-502 - DefinitionsAs 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)(a) "Distribute" means to: (i) deliver to a person other than the purchaser; or(ii) provide as part of a commercial promotion or as a prize or premium.(b) "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: (a) for the purpose of selling or distributing the lighter within this state; or(b) 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: (a) has a shape that resembles or imitates an object other than a lighter;(b) may have one or more audio or visual effects; and(c) 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": (a) means a lighter that has: (i) a misleading design; and(ii) operates on any fuel, including butane or liquid fuel;(b) does not mean:(i) a lighter manufactured before January 1, 1980;(ii) a lighter that has been rendered permanently incapable of producing a flame or otherwise causing combustion; or(iii) 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": (a) includes flashing lights, color-changing lights, or changing images; and(b) does not include logos, decals, decorative artwork, or heat-shrinkable sleeves.Enacted by Chapter 376, 2010 General Session.