Cigarette Lighters Video Transcript

Slide 1 - Cover page

Slide 2 - Introduction

  • Hello, my name is Matthew Lee, and I’m a Compliance Officer in the Office of Compliance and Field Operations at the U.S. Consumer Product Safety Commission (CPSC).
  • Today, I’ll be explaining U.S. requirements for cigarette lighters that manufacturers and importers must meet if they import or distribute cigarette lighters in the U.S market.
  • Requirements for cigarette lighters, also known as the Safety Standard for Cigarette Lighters, Title 16, Code of Federal Regulations, Part 1210 [16 C.F.R. Part 1210] are published in Federal Register.

Slide 3 - Topics of Discussion

  • In this presentation, I’ll cover the following topics:
  • Purpose of the Safety Standard
  • Scope of the Safety Standard
  • Definition of Cigarette Lighters
  • Requirements for Cigarette Lighters
  • Qualification Testing
  • Production Testing
  • Recordkeeping and Reporting
  • Labeling Requirements
  • Certification Requirements

Slide 4 - Purpose of the Safety Standard

  • In 1985, CPSC was petitioned to require disposable cigarette lighters to be resistant to operation by children.
  • CPSC estimated that for the period 1986-88, children younger than age 5 playing with cigarette lighters ignited 5900 residential fires and these residential fires resulted in 170 deaths and 1150 injuries annually.
  • Of those fires, 97% involved disposable lighters.
  • In response to those findings, CPSC developed the Safety Standard to reduce the risk of fire-related death and injury associated with young children playing with cigarette lighters.

Slide 5 - Purpose of the Safety Standard

  • CPSC staff conducted a study of the effectiveness of the safety standard for child resistant cigarette lighters and the result of their research was published in the 2002 issue of Injury Prevention.
  • They reported that in the post-standard study, 48% of the cigarette lighter fires were started by children younger than age 5, compared with 71 % in the pre-standard study.
  • This suggests that the Standard was associated with a 58% reduction in cigarette lighter fires caused by children younger than age 5.
  • They reached the conclusion that the safety standard requesting child resistant for cigarette lighters has reduced fire deaths, injuries, and property loss caused by children under 5 playing with cigarette lighters and they also concluded that the standard can be expected to prevent additional fire losses in the future.

Slide 6 - Purpose of the Safety Standard

  • The table here presents 1998 estimated cigarette lighter fires and fire losses caused by children younger than age 5 that would have occurred if the standard had been not in effect.
  • This estimate of 5700 cigarette lighter fires is 3300 more fires than the 1998 actual fires that occurred.
  • The actual number of fires (2400) represents a 58% reduction from the "not in effect" estimate.

Slide 7 - Scope of the Safety Standard

  • What lighters are subject to the Safety Standard for Cigarette Lighters?
  • First, how do we define a "lighter"? Here’s the definition given in 16 C.F.R., § 1210.2(c): "A lighter is a flame-producing product that consumers commonly use to light cigarettes, cigars, and pipes, although it may be used to light other materials." The term "lighter" does not include matches or any other lighting device intended primarily to light materials other than smoking materials. And the term "lighter" as defined in16 C.F.R. Part 1210 includes ONLY disposable and novelty lighters.
  • The standard applies to lighters manufactured or imported after July 12, 1994.

Slide 8 - Definition of Lighters

  • What is a "disposable lighter"? A disposable lighter
  • (1) cannot be refilled with fuel OR
  • (2) uses a gas such as butane, isobutene, propane, or other liquefied hydro-carbon, or a mixture containing any of these, and its vapor pressure at 75 degrees Fahrenheit (24 degrees Centigrade) exceeds a gage pressure of 15 psi, and has a Customs value or price from the manufacturing factory under $2.25. This value is adjusted every 5 years, if necessary, according to percentage changes in the monthly wholesale price index. Inexpensive refillable lighters also fall under this definition.

Slide 9 - Definition of Lighters

  • What is a "novelty lighter"?
  • In general, novelty lighters include lighters that depict or resemble articles commonly recognized as appealing to or intended for use by children under 5 years of age, such as cartoon characters, toys, guns, watches, musical instruments, vehicles, toy animals, food or beverages.
  • They also include lighters with entertaining features, such as visual effects like flashing lights or sound effects like musical notes.

Slide 10 - Novelty Lighter Examples

  • A novelty lighter may operate on any fuel, including butane or liquid fuel.

Slide 11 - Novelty Lighter Examples

  • Here are some examples of novelty lighters:
  • Guns (including pistols, rifles, cannons, machine guns, etc.)

Slide 12 - Novelty Lighter Examples

  • And toys like telephones, and cell phones,

Slide 13 - Novelty Lighter Examples

  • Musical instruments like horns, violins, guitars, pianos, organs, drums,

Slide 14 - Novelty Lighter Examples

  • Vehicles like buses, cars, motorcycles, boats, trains, planes,
  • Toy animals like dogs, mouse, horses, pigs,

Slide 15 - Requirements for Cigarette Lighters - 16 C.F.R. §1210.3

  • Manufacturers and importers must know that if they import or distribute cigarette lighters in the U.S. market, they must make sure that their lighters meet all U.S. requirements specified in 16 C.F.R. §1210.3.
  • The rule requires generally that:
  • (a) At least 85% of the children who test a surrogate lighter as described in the Test Protocol must not be able to successfully operate the lighter.

Slide 16 - Requirements for Cigarette Lighters - 16 C.F.R. §1210.3

  • (b) The mechanism or system that makes the product resist successful operation by children:
    • (1) Must reset automatically each time someone tries to operate the lighter;
    • (2) Must not impair the safe operation of the lighter when the lighter is used in a normal and convenient manner;
    • (3) Must work properly for the reasonably expected life of the lighter; and
    • (4) Must not be easy to be overridden or disabled.
  • Lighters that do not meet these requirements are in violation of the Consumer Product Safety Act.

Slide 17 - Qualification Testing

  • Before any manufacturer or importer distributes lighters in the U.S. market, surrogate lighters of each model must be tested in accordance with 16 C.F.R. §1210.4 Test Protocol for Qualification Test to ensure that all such lighters comply with the safety standard.
  • If a manufacturer has tested one model of lighter, and then wishes to distribute another model of lighter that differs from the first model only by differences that would not have an adverse effect on child resistance, the second model need not be tested in accordance with the Test Protocol.
  • However, it must still be reported to the CPSC at least 30 days before it is imported.
  • The test procedure for Qualification Test is described in detail in 16 C.F.R. §1210.4.

Slide 18 - Qualification Testing

  • For the Qualification Test, surrogate lighters are used.
  • What is a surrogate lighter?
  • A surrogate lighter is a substitute for an actual working lighter. Surrogate lighters are used for testing so that a panel of children used to test surrogate lighters do not have to operate real lighters.
  • A surrogate lighter approximates the appearance, size, weight, and shape of an actual lighter intended for use by consumers.
  • It cannot have any additional features that would interfere with or distract a child from operating it, for example, electronics taped around the outside.
  • It does not have fuel, and
  • It must also be identical to the actual lighter in all characteristics that might affect child resistance, including the method of operation and the force(s) and displacement needed to operate the lighter.
  • When operated, a surrogate lighter produces a sound or visual signal to let the tester know that it has been operated in a manner that would have caused the actual lighter to light.

Slide 19 - Qualification Testing

  • Before any lighters subject to the standard are distributed in the U.S. market, manufacturers and importers should make sure that the surrogate lighters used for qualification testing are described in a written product specification.
  • The product specification should include the following information:
  • All operating characteristics of the surrogates must be measured and recorded before and after the child-panel test.
  • Critical operating characteristics include, but not limited to:
    • The force and displacement required to move a component
    • The manufacturing tolerances
    • Any other components that could affect child resistance.

Slide 20 - Qualification Testing

  • The qualification test uses at least one, but no more than two, test panels of 100 children between the age of 42 and 51 months to test surrogate lighters.
  • Each panel is divided into 3 groups - about 30 children 42 through 44 months old, about 40 children 45 through 48 months old, and about 30 children 49 through 51 months old.
  • Approximately two thirds of the children in each group must be boys.
  • The test procedure allows a small variation in the size of each group and in the number of boys and girls in each group.
  • Each child in the test panel must live within the United States,
  • The child has no illness, injury, or disability that would interfere with his or her ability to operate the test lighters.
  • Before any child participates in a test, a parent or legal guardian must fully understand that they are being asked to allow their child to be tested, and sign their name to agree in writing to let the child participate.

Slide 21 - Qualification Testing

  • Every detail of the test is specified in the test protocol:
    • The number of boys and girls in each age group tested;
    • The number of surrogates, testers and test sites;
    • How many children may be tested at each site;
    • How many children a tester may test;
    • How many children must test each surrogate;
    • Lighters must be checked before and after each pair of children, and
    • Exactly what is said to the children during the test.
  • This is done to make sure that all lighters are tested the same way, and that the results are as accurate as possible. Review the protocol carefully to make sure that you comply with all of the testing requirements. You are responsible for ensuring that firms that test your lighters fully comply with the protocol.

Slide 22 - Qualification Testing

  • Two children at a time participate in the test in a well-lighted room that is familiar to them or with which they are given time to become familiar and is free from distractions. A tester first operates a surrogate lighter in the presence of the children without letting them see what he or she is doing, so that they will know what sound or visual signal the surrogate makes when it is operated successfully. The tester then places in each child’s hands a surrogate lighter, and asks the children to try to make the same sound or signal. Each child has five minutes to try to do this.
  • If a child succeeds in making the sound or signal, he or she is not tested further and that child’s test is counted as a successful operation of the lighter that the surrogate represents. The tester demonstrates to any child who does not succeed in the first five minutes. The child then has five more minutes to try to operate the surrogate successfully. Any child who succeeds in operating it in the second five minutes is also counted as a successful operation of the lighter. Any child who successfully operates the lighter in the first five minutes must remain until the other child has finished his or her test.
  • Any child who does not try to operate the surrogate must be eliminated from the panel and replaced by an eligible child.
  • For a lighter to pass, at least 85% of the children tested must be unable to operate the surrogate lighter. For the first 100-child test panel, if 10 or fewer children operate the surrogate successfully, the lighter that the surrogate represents passes. If 19 or more children succeed, the lighter shall be considered non-resistant. In either case, no further testing is necessary. If 11 through 18 children in the first panel operate the surrogate lighter successfully, the second 100-child panel is tested. In that case, the lighter shall be considered non-resistant if 31 or more of the total 200 children tested operate the surrogate successfully.

Slide 23 - Qualification Testing

  • A child may participate in only one cigarette lighter panel and one multi-purpose lighter panel in his or her lifetime.
  • No child may participate in more than one child resistance test panel on a given day.

Slide 24 - Production Testing

  • The surrogate lighter that has been shown to be child resistant by qualification testing is required under 16 C.F.R. § 1210.15 to meet certain specifications. Manufacturers and importers should test samples of lighters subject to the standard as they are manufactured to make sure that the lighters meet these specifications.
  • Manufacturers and importers should also make sure that each production test be conducted at a production interval short enough to provide a high degree of assurance that all other lighters produced during the interval meet the standard.
  • If any test results indicate that any lighters in a production interval may not meet the standard, the lighters should not be produced or distributed in the U.S. market until corrective action is taken.
  • In addition, production test records (including the test method, procedures, interval, sampling scheme, pass/reject criterion, etc.) and results must be in English and kept in the United States.

Slide 25 - Recordkeeping and Reporting

  • Manufacturers and importers of cigarette lighters should keep records of child testing in English on paper, microfiche, or similar media and make such records available to CPSC’s Office of Compliance. These records include:
    • Records of qualification testing, including a description of the tests, photograph(s) or a video tape for a single pair of children from each test panel, the dates of the tests, the data, the actual surrogate lighters tested, and the results of the tests.
    • Records of procedures used for production testing, including a description of the types of tests, the production interval selected, the sampling scheme, and the pass/reject criterion.
    • Records of production testing, including the test results, the date and location of testing, and records of corrective actions taken.
    • Records of specifications

Slide 26 - Recordkeeping and Reporting

  • All records of qualification testing, production testing procedures and specifications must be kept for three years after production ceases.
  • Records of production testing including testing results should be kept for three years after the date of the testing.
  • Such records must be kept in the United States and provided within 48 hours to any designated officer or employee of the Commission who asks for them. However if a lighter is not manufactured in the U.S., qualification testing, and production testing records may be kept outside the United States.

Slide 27 - Recordkeeping and Reporting

  • In addition, at least 30 days before ANY manufacturer or importer imports into or distributes in the United States any model of lighter subject to the standard, the manufacturer or importer must provide a written report to the Office of Compliance that includes:

Slide 28 - Recordkeeping and Reporting

  • First, the name, address, and principal place of business of the manufacturer or importer.
  • Second, a detailed description of the lighter model to be imported or distributed and of the child-resistant feature(s) used on the model.
  • Third, a description of the testing done to establish that the lighter is child resistant, including a description of the surrogate lighter tested, the specifications for the surrogate lighter, a summary of the results of all such tests, the dates the tests were performed, the location(s) of such tests, and the identity of the organization that conducted the tests,
  • Fourth, an identification of the place or places that the lighters were or will be manufactured.
  • Fifth, the location(s) where the records of testing of the lighter are kept,
  • Sixth, a prototype or production sample of the lighter model for which the lighter is submitted.

Slide 29 - Recordkeeping and Reporting

  • And written specifications which must be kept for any component that may affect child resistance. The written specifications include, but are not limited to:
    • Force and displacement requirements
    • Manufacturing tolerances
    • Size, shape and dimensions
    • Any other information or features that may affect child resistance
    • Copies of informed consent forms and test records for each child
    • All surrogate lighters and 3 production samples
  • Submission reports must also include:

Slide 30 - Recordkeeping and Reporting

The report should be sent to:

Lighters
U.S. Consumer Product Safety Commission
Office of Compliance and Field Operations
4330 East West Highway
Bethesda, MD 20814-4408

Slide 31 - Recordkeeping and Reporting

  • CPSC’s Office of Compliance and Office of Hazard Identification and Reduction consider that successful submission reports typically include:
    • Pre-and post-test measurements of all features that affect operation of the surrogates,
    • How the measurements were made.

Slide 32 - Recordkeeping and Reporting

  • Submission reports should avoid
    • Measurements of the surrogates are missing or incomplete
    • Specifications for production lighters missing or incomplete
    • Production specifications differ from measurements of the surrogates
    • The lighter’s child-resistant features are inaccurately described
    • Child test procedures are incorrect
    • Informed consent forms and data records are missing

Slide 33 - Labeling Requirement

  • Every manufacturer and importer of lighters subject to the standard must also label each product, and the following information, which may be in code, must be on the label:
  • First, an identification of the period of time, not to exceed 31 days, during which the lighter was manufactured.
  • Second, an identification of the manufacturer of the lighter, unless the lighter bears a private label. If the lighter bears a private label, it shall bear a code mark or other label which will permit the seller of the lighter to identify the manufacturer to the purchaser upon request.

Slide 34 - Certification Requirements

  • After conducting qualification tests on surrogate lighters, manufacturers and importers must certify that the lighters they sell comply with the standard.
  • A certificate must be based on a reasonable testing program of lighters sampled during production or on a test of each lighter produced for sale.
  • A reasonable testing program for lighters is one that demonstrates with a high degree of assurance that all lighters manufactured for sale or distributed in commerce will meet the requirements of the standard. Manufacturers and importers shall determine the types and frequency of testing for their own reasonable testing programs.
  • All reasonable testing programs shall include qualification tests, which must be performed on surrogates of each model of lighter produced, or to be produced, to demonstrate that the product is capable of passing the tests prescribed by the standard, and production tests, which must be performed during appropriate production intervals as long as the product is being manufactured.

Slide 35 - Certification Requirements

  • A certificate of compliance must accompany each shipping unit of the product (for example, a case) or otherwise be furnished to any distributor or retailer to whom the product is sold or delivered by the manufacturer, private labeler, or importer.
    • The Certificate of Compliance shall state:
    • That the lighter "complies with the Consumer Product Safety Standard for Cigarette Lighters (16 CFR §1210)"
    • The name and address of the manufacturer or importer issuing the certificate or the private labeler, and
    • The date(s) of manufacture.

Slide 36 & 37 - Certification Requirements

  • In addition, manufacturers or importers must also comply with the General Certification of Conformity (GCC) requirement as stipulated in the Consumer Product Safety Improvement Act of 2008 (‘‘CPSIA’’) (C.F.R. §1110.11).
  • The GCC certificate should:
  • Describe the product covered by this certification in enough detail to match the certificate to each product it covers and no other;
  • Identify separately each rule, ban, standard or regulation under the Acts administered by the Commission that is applicable to the product;
  • Provide the name, full mailing address, and telephone number of the importer or U.S. domestic manufacturer certifying the product;
  • Provide the name, full mailing address, e-mail address and telephone number of the person maintaining test records in support of the certification;
  • Provide the date(s) when the product was manufactured by at least month and year. For the place of manufacture provide at least the city and country or administrative region of the place where the product was finally manufactured or assembled. If the same manufacturer operates more than one location in the same city, provide the street address of the factory;
  • Give the date of the tests or test report(s) on which certification is being based and the location(s) of the testing; and
  • If a third-party laboratory tested the product or conducted a testing program on which the certification is based, give the name, full mailing address and telephone number of the laboratory;
  • Manufacturers and importers may combine the General Certification of Conformity certificate with the Certificate of Compliance of the Safety Standard for Cigarette Lighters.

Slide 38 - Sign-off