AMENDED IN SENATE MARCH 10, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

98

Introduced by Senator Cortese

January 5, 2026

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

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

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 a tabletop liquid-fuel fire feature, in commerce in this state a fuel-burning portable device, as defined, unless it complies 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) Decorative tabletop fire features 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 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 F3363-19 F3363-25 “Standard Specification for Unvented Liquid/Gel Fuel-Burning Portable Devices,” which is designed to mitigate these risks.

(5) Although decorative flame features fuel-burning portable devices may have aesthetic and ambience value, tabletop pourable liquid fuel burners fuel-burning portable devices that are only used for ambience purposes may offer minimal utility compared with known, safer alternatives, including, but not limited to, listed propane tabletop fire appliances, sealed-cartridge ethanol burners, and electric flame simulators. 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 tabletop liquid-fuel fire features 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:

Part 9. Tabletop Liquid-Fuel Fire Features Fuel-Burning Portable Devices