§ 5-60-102 - Prohibition on sales and distribution of novelty lighters.
5-60-102. Prohibition on sales and distribution of novelty lighters.
(a) (1) As used in this section, "novelty lighter" means a product commonly used by consumers to ignite cigarettes, cigars, and pipes that has entertaining audio or visual features that depict or resemble in physical form or function articles commonly recognized as appealing to or intended for use by children ten (10) years of age or younger, including without limitation lighters that depict or resemble cartoon characters, toys, guns, watches, musical instruments, vehicles, toy animals, food, or beverages, or that play musical notes or have flashing lights or other entertaining features.
(2) "Novelty lighter" does not include:
(A) A lighter manufactured before 1980; or
(B) A lighter that lacks a device necessary to produce combustion or a flame.
(b) (1) The retail sale, offer of retail sale, gift, or distribution of any novelty lighter in Arkansas is prohibited.
(2) Subdivision (b)(1) of this section does not apply to a novelty lighter that is:
(A) Being actively transported through the state; or
(B) Located in a warehouse closed to the public for purposes of retail sales.
(c) A person who pleads guilty or nolo contendere to or is found guilty of violating this section is guilty of a violation and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) for each offense and shall pay court costs.