SB 870: Fuel-burning portable devices.

California · Senate · 2025–2026 Regular Session · last verified May 18, 2026

What SB 870 does, verified May 18, 2026

<p>This bill prohibits the sale, offering for sale, or distribution of fuel-burning portable devices in California that do not meet a specified safety standard. The safety standard is set by the American Society for Testing Materials. The bill would take effect on January 1, 2027. Violations of this prohibition would be considered unfair competition and would be enforced under the Business and Professions Code. A violation would subject a person to penalties for unfair competition.</p>

Bill journey

1IntroducedCurrent

2In CommitteePending

3First Chamber FloorPending

4Second ChamberPending

5GovernorPending

6ChapteredPending

Last action: May 14 hearing: Held in committee and under submission. (2026-05-14)Alert me

Author and sponsors

Sen. Dave CorteseAuthor · California State Senate

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Recent actions13 total · showing 5

May. 14, 2026	May 14 hearing: Held in committee and under submission.
May. 08, 2026	Set for hearing May 14.
Apr. 27, 2026	April 27 hearing: Placed on APPR. suspense file.
Apr. 17, 2026	Set for hearing April 27.
Apr. 15, 2026	From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 12. Noes 0. Page 3867.) (April 14). Re-referred to Com. on APPR.

Full action history, 8 earlier actionsConnect Plus

Latest bill textAmended version, March 10, 2026 · 937 words

Amended IN Senate March 10, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 870

Introduced by Senator Cortese

January 05, 2026

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

SB 870, as amended, Cortese. ~~Tabletop liquid-fuel fire features.~~ Fuel-burning portable devices.

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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

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

14960.
~~For purposes of this part, all the following definitions apply:~~
~~(a)“Tabletop liquid-fuel fire feature” means a portable decorative appliance marketed or intended for indoor or outdoor residential use that meets all of the following criteria:~~
~~(1)Burns a liquid or gel fuel, including, but not limited to, isopropyl alcohol, ethanol, bioethanol, or any pourable flammable liquid, in an open reservoir or bowl.~~
~~(2)Permits or requires the consumer to pour or refill liquid or gel fuel into the burner while the burner is attached or while the fuel reservoir is exposed.~~
(3)Is designed or marketed as suitable for placement on a table, countertop, patio surface, or other nonfloor stationary surface for decorative flame presentation, including, but not limited to, devices marketed for s’mores, ambience, interior use, or portable fireplaces.
(b)“Unsafe tabletop liquid-fuel fire feature” means a tabletop liquid-fuel fire feature that does not comply with the safety standard of the American Society for Testing Materials, ASTM F3363-19 “Standard Specification for Unvented Liquid/Gel Fuel-Burning Portable Devices.”
14965.
~~(a)Except as specified in subdivision (b), on and after January 1, 2027, a person shall not sell, offer for sale, or distribute an unsafe tabletop liquid-fuel fire feature.~~
~~(b)Subdivision (a) does not apply to the interstate transportation of an unsafe tabletop liquid-fuel fire feature.~~

14960.
(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.

Text of SB 870 as amended, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions