Utah Code 53-7-502. Definitions
Current as of: 2024 | Check for updates
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As used in this part:
(1) “Audio effect” includes music, animal sounds, whistles, buzzers, or other noises not pertinent to the flame-producing function of the lighter.
Terms Used In Utah Code 53-7-502
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lighter: means a handheld mechanical device of a type typically used for igniting tobacco products by use of a flame. See Utah Code 53-7-502
- Misleading design: means a lighter that:(5)(a) has a shape that resembles or imitates an object other than a lighter;(5)(b) may have one or more audio or visual effects; and(5)(c) has other features of a type that would reasonably be expected to make the lighter appealing or attractive to a child younger than 10 years of age. See Utah Code 53-7-502
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)(2)(a) “Distribute” means to:(2)(a)(i) deliver to a person other than the purchaser; or(2)(a)(ii) provide as part of a commercial promotion or as a prize or premium.(2)(b) “Distribute” does not include providing as a personal gift.(3) “Importer” means a person who causes a lighter to enter this state from a manufacturing, wholesale, distribution, or retail sales point outside this state:(3)(a) for the purpose of selling or distributing the lighter within this state; or(3)(b) with the result that the lighter is sold or distributed within this state.(4) “Lighter” means a handheld mechanical device of a type typically used for igniting tobacco products by use of a flame.(5) “Misleading design” means a lighter that:(5)(a) has a shape that resembles or imitates an object other than a lighter;(5)(b) may have one or more audio or visual effects; and(5)(c) has other features of a type that would reasonably be expected to make the lighter appealing or attractive to a child younger than 10 years of age.(6) “Novelty lighter”:(6)(a) means a lighter that has:(6)(a)(i) a misleading design; and(6)(a)(ii) operates on any fuel, including butane or liquid fuel;(6)(b) does not mean:(6)(b)(i) a lighter manufactured before January 1, 1980;(6)(b)(ii) a lighter that has been rendered permanently incapable of producing a flame or otherwise causing combustion; or(6)(b)(iii) a mechanical device primarily used to ignite fuel for fireplaces, or for charcoal or gas grills.(7) “Sell” means to provide or promise to provide a product to a wholesale, retail, mail-order, or other purchaser in exchange for consideration.(8) “Visual effect”:(8)(a) includes flashing lights, color-changing lights, or changing images; and(8)(b) does not include logos, decals, decorative artwork, or heat-shrinkable sleeves. - Person: means :