Retailers are prohibited from supplying novelty lighters to consumers under Regulation 35(2) of the General Product Safety Regulations 2005.
Since March 2007, European Law has prohibited manufacturers and importers from placing non child resistant and novelty lighters on the marketplace.
As of March 2008, the same law now prohibits retailers from selling such lighters.
Requirements
Novelty lighters and non child-resistant lighters must not be supplied to consumers. This is to reduce the number of deaths and injuries caused by young children playing with lighters. Lighters must meet the safety specifications detailed in BS EN 13869: 2002, - the standards for child resistant lighters.
What is a child resistant lighter?
It is a lighter that has some form of mechanism that makes it difficult for a child to use. Common types are either a lever or button that has to be pushed before the normal operation will work or a metal band around the flint wheel which requires greater pressure to make it work.
What is a novelty lighter?
A lighter that will be appealing to children under 4 years 3months, or has audio effects or animated effects. This includes lighters that are in the shape of, or which resembles, cartoon characters, toys, guns, watches, telephones, musical instruments, vehicles, human body or parts of the human body, animals, food or beverages, or that play musical notes, or have flashing lights or moving objects or other entertaining features.
What does supply of cigarette lighters mean?
- The law refers to making the lighters available for ‘distribution, consumption or use, whether for payment or free of charge’.
- Free gifts must still comply with the law. You must keep invoices and receipts which show the person you bought the lighters from.
- Trading Standards can ask to see these and if you cannot produce them you may be guilty of an offence. They may also seize your stock.
- You must check your present stock and dispose of any novelty or non child resistant lighters.
What checks can I make?
There are some simple checks you can do to make sure a lighter is compliant with this new law:
- The lighter should have a warning label with the words "Keep away from children" and "Ignite lighter away from face and clothing"
- The lighter should be marked with a batch code and name or symbol of the manufacturer
- Check that the lighter has a child resistance mechanism to make it difficult for a small child to operate it
- Only buy from a supplier who gives you a written invoice
- You must keep this in case Trading Standards needs to see it
What will happen if I don't comply?
If you sell any lighter that does not comply then Trading Standards can issue a safety notice. The safety notices most likely to be issued are:
- Requirement to Mark. This will mean that you have to have the correct documentation before you can sell.
- Suspension Notice. This can be issued where it is felt that the lighter does not comply with the standard and further investigation is needed.
- Withdrawal Notice. Where the lighter has been shown to fail the standard and the product is to be withdrawn from the market.
Failure to comply with a safety notice is an offence and in extreme cases can lead to a fine of up to £20,000 or a prison sentence.