Signed by Governor Pete Ricketts

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the sale of a variety of fireworks.

Highlights:

• Defines “distributor” as any person engaged in the business of making sales of fireworks at wholesale in this state to any person engaged in the business of making sales of fireworks either as a jobber or as a retailer or both (Sec. 1-3).

• Defines “jobber” as any person engaged in the business of making sales of fireworks at wholesale to any other person engaged in the business of making sales at retail (Sec. 1-4).

• Defines “retailer” as any person engaged in the business of making sales of fireworks at retail to consumers or to persons other than distributors or jobbers (Sec. 1-5).

• Establishes consumer fireworks must meet the following criteria (Sec. 1-8):

• Meets the requirements set forth in 16 C.F.R. parts 1500 and 1507, as such regulations existed on January 1, 2021; and

• Fireworks that have been tested by the State Fire Marshal as a response to complaints and have been deemed to be unsafe.

• Specifies if the State Fire Marshal deems any fireworks item to be unsafe, these fireworks will be quarantined from other fireworks. Any licensed distributor, jobber, or retailer may request, at their expense, that these fireworks be tested by an independent, nationally recognized testing facility to determine if such fireworks items meet the requirements set forth by the United States Consumer Product Safety Commission (Sec. 2-1).

• Specifies if such fireworks items are in compliance with such requirements and otherwise permitted, the fireworks that were determined to be unsafe will be deemed a consumer firework and be permitted for retail sale or distribution (Sec. 2-2).

• Specifies if such fireworks item is in compliance with such requirements but is otherwise not deemed consumer fireworks, such fireworks item shall not be sold at retail or distributed to retailers for sale in this state, but a distributor, jobber, or retailer may sell such fireworks item to another distributor or retailer in a state that permits the sale of such fireworks item (Sec. 2-3).

• Specifies if such fireworks item is not in compliance with such requirements, then the distributor, jobber, or retailer shall destroy such fireworks item under the supervision of the State Fire Marshal. If such fireworks item is not destroyed under the supervision of the State Fire Marshal, notarized documentation shall be provided to the State Fire Marshal detailing and confirming the fireworks item's destruction (Sec. 2-4).

Full Bill Text