NORCAL
PUBLIC EDUCATION COMMITTEE
GENERAL MEETING
MINUTES
October 26, 2001
1.0 CALL TO ORDER/INTRODUCTIONS
Present: Barbara Easter - CDF/Napa County Fire
Bill Tyler - Novato Fire
Mary Cornelison - Retired
Pam Cabezas - Roseville Fire
1.2 Introductions:
2.0 MINUTES
2.1
3.0 PUBLIC EDUCATION
4.0 OLD BUSINESS (Action steps in italics)
5.1 "Novelty Lighters" - The information and material received from a presentation by James Degrazia and Joy Rizzitello of Consumer Product Safety Commission was shared on what is legal and not legal on this item. Their presentation was on October 23rd and the meeting was hosted by members of this committee and held at the Vallejo Fire Department. It was a welcomed opportunity to learn more details on this topic and how we can help educate others. Several fire jurisdictions attended the presentation along with members of the Vallejo Police Department.
A copy of the power point presentation was provided on the "Safety Standard for Cigarette Lighters". Title 16, Code of Federal Regulations Part 1210 [16 C.F.R. 1210] was the guideline. This code defines what a novelty lighters is, which read …has entertaining audio or visual effects or …depicts or resembles in physical form or function articles commonly recognized as appealing to or intended for use by children under 5 years of age.
A copy of the Federal Regulation was provided that outlines the standards and requirements for testing any lighter and the required submittals to Consumer Product Safety and the Office of Compliance. Prior to any manufacturer or importer they have to submit samples and documentation at least 30 days before any disposable or novelty lighter is imported into the United States. The reporting requirement is quite extensive and shall include name, address, and principal place of business of the manufacturer or importer. Detailed description of the lighter model and the child-resistant feature(s) used in the model etc.,
A "Certificate of Compliance" from the manufacturer or importer must accompany each shipment of lighters or novelty lighters. The certificate shall advise the name and address of the manufacturer or importer issuing the certificate. The date or dates of manufacture of all the lighters covered by the certificate etc.
Some of the examples depicted or resembled cartoon characters like Popeye, Mickey Mouse, Joe Camel, Sesame Street characters, Bugs Bunny, Road Runner, Tom & Jerry, Toys (like mini home appliances, furniture, balls, yo-yo’s, guns, cell phones, pagers, grenades, musical instruments, animals, vehicles, beer cans, coca cola cans, skulls. The list goes on and on. Many of these lighters have visual lights and audible sounds. Some were like torches.
School officials can confiscate and prohibit the possession of lighters on school grounds in accordance with the Education Code Section 48900 item (b), which reads in part …explosive, or other dangerous object… could be used by. Also, in section 48911.1 a student can be suspended from school for any reasons enumerated in Sections 48900 and 48900.2 … by the principal or designee.
A recent settlement by California Tobacco Company (The Customer Company and Cigarettes Cheaper) who agreed to pay $225,000 in fines for selling dangerous cigarette lighters further lends to the need of an awareness program. To see the full report and other details on this issue go to Consumer Product Safety’s web site www.cpsc.gov.
This committee still questions why a person cannot be held responsible when lighters are sold to minors. The California Penal Code Section 308 (a) which reads in part "Every person…which knowingly sells…to another person…under the age of 18 years any tobacco…or any instrument or paraphernalia that is designed for the smoking…is subject to either a criminal action for a misdemeanor or to a civil action brought by a city attorney, a county counsel, or a district attorney, punishable by a fine of …($200) for the first offense…($1000) for the third offense."
In addition, why minors cannot be held responsible when they purchase or possess a lighter pursuant to California Penal Code Section 308 item (b), which states in part "Every person under the age of 18 years who purchases…or possesses any tobacco…or any other instrument or paraphernalia that is designed for the smoking of tobacco…".
Unfortunately, at this time the feedback from law enforcement via legal counsel is that this section of the Penal Code 308 (a) or (b) is not interpreted that lighters are an instrument or paraphernalia for tobacco products. However, it was pointed out that if legislation can be created to prohibit minors from purchasing cans of spray paint and certain types of glue then may be legislation could be created to prohibit the sale and possession of lighters by minors.
The awareness program to the schools and merchants can be implemented in the respective jurisdictions based upon the Federal Code and Education Code. However, each jurisdiction should consult their administration and legal counsel.
5.2 It was shared that Linnea Dischinger of Vacaville Fire had a great article in the Vacaville paper titled "Danger Lurks" regarding novelty lighters.
6.0 TRAINING
7.0 COMMITTEES
7.1 Norcal FPO’s Public Education Committees next meeting will be held on November 15th and hosted by Vallejo Fire Department. The topics on the November agenda are Home Heating and Holiday Safety. The monthly calendar is also on the www.norcal-fpo.org web site under Public Education Committee.
7.2 Norcal general meeting in November to be hosted by Fairfield Fire. For more details and future meetings go to www.norcal-fpo.org
8.0 GOOD OF THE ORDER
8.1 Meeting adjourned at 12:00 p.m.