ORS 476.841 Prohibition against sale or distribution of novelty lighters; civil penalties

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.

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:

$10,000 if the person is a manufacturer or importer of lighters.

$1,000 if the person is a wholesaler of lighters or distributes lighters by means other than distribution directly to consumers.

$500 if the person is:

A retail seller of lighters; or

A person distributing lighters, if the person is other than a manufacturer, importer or wholesaler.

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.

The State Fire Marshal shall impose civil penalties under this section as provided in ORS 183.745. For purposes of ORS 183.417, 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 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.

All moneys collected from civil penalties under this section shall be deposited to the credit of the State Fire Marshal Fund.