ORS 476.836: Identification of novelty lighters; rules; disposition of contraband lighters.

(1) The State Fire Marshal may adopt rules to identify lighters or classes or types of lighters that are novelty lighters. The novelty lighters identified by the State Fire Marshal may include, but need not be limited to, lighters of misleading design that resemble or imitate: (a) Cartoon characters, figurines or action figures; (b) Toys or game pieces; (c) Musical instruments; (d) Vehicles; (e) Animals; (f) Human body parts; (g) Food, beverages or food or beverage packages; (h) Weaponry; (i) Furniture; (j) Sports equipment; (k) Holiday decoration; (L) Tools; or (m) Household products. (2) The State Fire Marshal shall establish and maintain a list of lighters, and of classes and types of lighters, that the State Fire Marshal has determined to be novelty lighters. The State Fire Marshal shall make the list available to the public in electronic form or in other forms selected by the State Fire Marshal. (3) A lighter is a contraband item subject to seizure and destruction by the State Fire Marshal or a representative of the State Fire Marshal, or by a law enforcement agency, if the lighter is: (a) Listed, or of a class or type listed, in State Fire Marshal rules as a novelty lighter; and (b) Offered for sale, sold or distributed in this state or manufactured or possessed for the purpose of sale or distribution in this state. (4) The State Fire Marshal or a representative of the State Fire Marshal, or a law enforcement agency, may seize a novelty lighter that is not described in subsection (3) of this section. Upon finding that the person from whom the lighter was seized is subject to imposition of a civil penalty under ORS 476.841 for being a manufacturer, importer, wholesaler, storer, seller or distributor of the lighter, the State Fire Marshal or a representative may order that the lighter be forfeited and destroyed. [2009 c.6 §2]