53-7-504. Offenses -- Civil penalties -- Penalty money to be deposited into the Fire Prevention Support Account.
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Effective 5/12/2020
53-7-504. Offenses -- Civil penalties -- Penalty money to be deposited into the Fire Prevention Support Account.
(a)A person may not sell, offer for sale, or distribute a novelty lighter in this state.
(b)A person may not import a novelty lighter into this state for the purpose of selling or distributing the novelty lighter within this state.
(c)A person may not possess a novelty lighter in inventory for the purpose of selling or distributing the novelty lighter within this state.
(a)The state fire marshal may assess a civil penalty against a person who violates Subsection
(1)in accordance with Title 63G, Chapter 4, Administrative Procedures Act .
(b)The civil penalty for a violation of Subsection
(1)may not exceed:
(i)$10,000 for the importation of novelty lighters;
(ii)$1,000 if the person acts as a wholesaler of novelty lighters or distributes novelty lighters by means other than distribution directly to consumers; and
(iii)$500 if the person is:
(A)a retail seller of novelty lighters; or
(B)a person distributing novelty lighters, other than as 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 a violation, each day that the violation continues after written notice is given is a separate offense subject to a civil penalty.
(a)For purposes of imposing civil penalties, it is prima facie evidence that a lighter is a novelty lighter if the lighter is listed by the state fire marshal as a novelty lighter under Section 53-7-503 , or is of a class or type of lighter listed by the state fire marshal as a novelty lighter.
(b)Listing by the state fire marshal is not a requirement for a determination that a lighter is a novelty lighter.
(5)All money collected from civil penalties under this section shall be deposited into the Fire Prevention Support Account created in Section 53-7-204.2 .
(6)A person may seek judicial review of a final agency action under this part as provided in Title 63G, Chapter 4, Administrative Procedures Act .
Amended by Chapter 403 , 2020 General Session