For lighters containing a Division 2.1 gas (see §171.8 of this subchapter), representative samples of each new lighter design must be examined and successfully tested as specified in §173.308(b)(3). For criteria in determining what is a new lighter design, see §173.308(b)(1). For transportation of new lighter design samples for examination and testing, see §173.308(b)(2). The examination and testing of each lighter design must be performed by a person authorized by the Associate Administrator under the provisions of subpart E of part 107 of this chapter, as specified in §173.308(a)(4). For continued use of approvals dated prior to January 1, 2012, see §173.308(b)(5).
For non-pressurized lighters containing a Class 3 (flammable liquid) material, its design, description, and packaging must be approved by the Associate Administrator prior to being offered for transportation or transported in commerce. In addition, a lighter design intended to contain a non-pressurized Class 3 material is excepted from the examination and testing criteria specified in §173.308(b)(3). An unused lighter or a lighter that is cleaned of residue and purged of vapors is not subject to the requirements of this subchapter.
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