Fuel-burning portable devices., the official text

An act to add Part 9 (commencing with Section 14960) to Division 12 of the Health and Safety Code, relating to fire safety.

LEGISLATIVE COUNSEL'S DIGEST

Existing law prohibits a person from selling, offering for sale, or distributing cigarette lighters that do not comply with standards adopted by the State Fire Marshal with respect to safety features that prevent operation of the lighters by children 5 years of age or younger.
This bill would prohibit, on and after January 1, 2027, a person from selling, offering for sale, or distributing in commerce in this state a fuel-burning portable device, as defined, manufactured on and after January 1, 2027, that does not comply with a specified safety standard of the American Society for Testing Materials. The bill would provide that a violation of this prohibition constitutes unfair competition and would subject a violation of this prohibition to enforcement under specified provisions of the Business and Professions Code.

The people of the State of California do enact as follows:

SECTION 1.
(a) The Legislature finds and declares all of the following:
(1) Fuel-burning portable devices that burn pourable or refillable liquid fuels, including, but not limited to, isopropyl alcohol, ethanol, and bioethanol, in open reservoirs have been involved in a significant number of serious and catastrophic burn injuries and fatalities.
(2) The United States Consumer Product Safety Commission has reported two deaths and at least 60 serious burn injuries since 2019 related to this product category.
(3) These products, if they do not comply with the voluntary safety standard of the American Society for Testing Materials, ASTM F3363-25 “Standard Specification for Unvented Liquid/Gel Fuel-Burning Portable Devices,” present hazards that are not reasonably obvious to typical consumers, including the risk of “flame jetting,” which is sudden flame discharge when fuel is added to a still-hot burner, and “pool fire,” which is ignition of pooled or spilled liquid fuel, and can result in flame temperatures exceeding 1,600 degrees Fahrenheit and third-degree burns in less than one second.
(4) Many of the products on the market do not comply with the voluntary safety standard of the American Society for Testing Materials, ASTM F3363-25 “Standard Specification for Unvented Liquid/Gel Fuel-Burning Portable Devices,” which is designed to mitigate these risks.
(5) Although fuel-burning portable devices may have aesthetic and ambience value, fuel-burning portable devices that are only used for ambience purposes may offer minimal utility.
(b) It is the intent of the Legislature to protect public health and safety by prohibiting the sale in this state of high-risk fuel-burning portable devices that do not meet rigorous safety standards, and to ensure only products that meet safe design requirements are sold.

SEC. 2.
Part 9 (commencing with Section 14960) is added to Division 12 of the Health and Safety Code, to read:
9.
Fuel-Burning Portable Devices14960.
(a) On and after January 1, 2027, a person shall not sell, offer for sale, or distribute in commerce in this state a fuel-burning portable device that does not comply with the safety standard of the American Society for Testing Materials, ASTM F3363-25 “Standard Specification for Unvented Liquid/Gel Fuel-Burning Portable Devices,” any update to that standard, or any successor ASTM standard.
(b) For purposes of this section, “fuel-burning portable device” has the same meaning as defined in the safety standard of the American Society for Testing Materials, ASTM F3363-25 “Standard Specification for Unvented Liquid/Gel Fuel-Burning Portable Devices,” any update to that standard, or any successor ASTM standard.
(c) This section applies to any fuel-burning portable device manufactured on or after January 1, 2027.
(d) A violation of this section constitutes unfair competition and shall be enforced pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.