Novelty Lighters

Lighters are consumer products which are inherently hazardous, since they produce a flame and contain a fuel. They pose a serious risk when misused by children and have caused a number of deaths and injuries across the E U.

A decision was made by the European Commission, which has been introduced into the UK, to ensure that only child resistant lighters are placed onto the European market and also to prohibit the sale of novelty lighters.

From 11th March 2007 manufacturers and importers are prohibited from placing non child resistant and novelty lighters onto the European market.

From 11th March 2008 the prohibition will extend to retailers supplying these lighters to consumers.

Implications for manufacturers and importers:

Documentation demonstrating that the lighters comply with the relevant standards must be retained.

Lighters must be child resistant i.e. cannot be operated by a child under 51 months.

No novelty lighter can be placed on the European market for the first time. A novelty lighter is one that:

• Is appealing to children younger than 51 months
• May have entertaining audio or animated effects
• May have flashing lights, moving objects or other entertaining features
• May be of appealing shape or form e.g. toys, food and human body parts or Includes lighter holders

Lighters must still continue to meet the safety specifications detailed in BS EN ISO 9994:2006, as well as the additional child resistant requirements laid down in BS EN 13869: 2002.

Implications for retailers and wholesalers

Required to keep, and to show on request by their local authority Trading Standards authority, documentation identifying the party from whom they obtained their supply of lighters.

Lighters must be properly marked before they can be sold to consumers (discussed further below)

What is exempt?

It is mandatory for all lighters to comply with BS EN ISO 9994 – lighter safety standard, however all lighters except the following must also comply with the child-resistance safety requirements of the Decision.

• Lighters with a specific purpose e.g. barbecue and utility lighters.
• Lighters that are sold with a 2 year written guarantee, are refillable and can be repaired by a European-based after-sales service.

There are no exceptions for novelty lighters all supply is prohibited.

Lighters that are printed with logos or have shrink - wrapped artwork are not classed as novelty lighters.

What simple tests can be carried out to ensure the lighter meets the safety requirements?

Take a look at the lighter, does it resemble a novelty lighter:

• A shape or form that is appealing to children under 51 months
• Entertaining effects.

Check that all lighters are accompanied with the appropriate safety information and the specific word “WARNING” in proximity. Along with the relevant safety information, it should also contain the statements “KEEP AWAY FROM CHILDREN” and “Ignite lighter away from face and clothing”.

Check that each lighter is marked with the time period of manufacture, this can be in code, and the manufacturer can be identified.

Press the ignition system to check for child resistance. Consider whether a child of 51 months or younger would be able to operate it.

Other approaches to child resistance are possible.

This list is not exhaustive, you will be responsible for ensuring the lighters comply with the relevant standard.

Where you have any concerns regarding lighters that you have purchased for resale please contact your local Trading Standards Office.

What will happen if you fail to comply?

Trading Standards are responsible for enforcing the requirements of this decision. Where contraventions are discovered, officers will issue safety notices, which will require the relevant party to rectify the breach.

Where a retailer fails to show on request documentation identifying the party from whom they obtained their supply of lighters or where a party contravenes a safety notice, he shall be guilty of an offence which is punishable by fine and/or imprisonment.

Trading Standards departments will continue to use existing powers to remove from the market place lighters that have been found to be unsafe due their child appealing nature.

Please Note:

This leaflet is not an authoritative interpretation of the law and is intended only for guidance.

Further guidance can be obtained on the above issue from the Department for Business and Regulatory Reform or by visiting their website at http://www.berr.gov.uk/files/file43645.pdf.

For individual queries, please contact:

TRADING STANDARDS

PUBLIC PROTECTION

VALE OF GLAMORGAN COUNCIL

BARRY

CF63 4RU

(01446) 709105

www.valeofglamorgan.gov.uk