Prohibition against sale or distribution of novelty lighters
- • civil penalties
(1) A person may not sell, offer for sale or distribute a novelty lighter in this state. A person may not manufacture a novelty lighter in this state, or 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 impose a civil penalty against a person who violates subsection (1) of this section. The civil penalty may not exceed:
(a) $10,000 if the person is a manufacturer or importer of lighters.
(b) $1,000 if the person is a wholesaler of lighters or distributes lighters by means other than distribution directly to consumers.
(c) $500 if the person is:
(A) A retail seller of lighters; or
(B) A person distributing lighters, if the person is other than 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 the violation, each day that the violation continues is a separate offense subject to a civil penalty.
(4) The State Fire Marshal shall impose civil penalties under this section as provided in ORS 183.745 (Civil penalty procedures). For purposes of ORS 183.417 (Procedure in contested case hearing), it is prima facie evidence that a lighter is a novelty lighter if the lighter is listed by the State Fire Marshal as described in ORS 476.836 (Identification of novelty lighters) as a novelty lighter, or is of a class or type of lighter listed by the State Fire Marshal as novelty lighters. However, listing by the State Fire Marshal is not a prerequisite for finding that a lighter is a novelty lighter.
(5) All moneys collected from civil penalties under this section shall be deposited to the credit of the State Fire Marshal Fund. [2009 c.6 §3]
Note: See note under 476.831 (Definitions for ORS 476.831 to 476.856).
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