HP0093, LD 111, item 1, An Act To Restrict the Sale, Purchase and Use of Fireworks in the State

An Act To Restrict the Sale, Purchase and Use of Fireworks in the State

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 8 MRSA §221-A, sub-§1-A, as enacted by PL 2011, c. 416, §1 and affected by §9, is repealed.

Sec. 2. 8 MRSA §221-A, sub-§3-A, as enacted by PL 2011, c. 416, §2 and affected by §9, is repealed.

Sec. 3. 8 MRSA §221-A, sub-§4, as amended by PL 2011, c. 416, §3 and affected by §9, is further amended to read:

4. Fireworks. "Fireworks" means any:

A. Combustible or explosive composition or substance;

B. Combination of explosive compositions or substances;

C. Other article that was prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, including blank cartridges or toy cannons in which explosives are used, the type of balloon that requires fire underneath to propel it, firecrackers, torpedoes, skyrockets, roman candles, bombs, rockets, wheels, colored fires, fountains, mines, serpents and other fireworks of like construction;

D. Fireworks containing any explosive or flammable compound; or

E. Tablets or other device containing any explosive substance or flammable compound.

The term "fireworks" does not include consumer fireworks or toy pistols, toy canes, toy guns or other devices in which paper caps or plastic caps containing 25/100 grains or less of explosive compound are used if they are constructed so that the hand can not come in contact with the cap when in place for the explosion, toy pistol paper caps or plastic caps that contain less than 20/100 grains of explosive mixture, sparklers that do not contain magnesium chlorates or perchlorates or signal, antique or replica cannons if no projectile is fired.

Sec. 4. 8 MRSA §223, sub-§1, as amended by PL 2011, c. 416, §4 and affected by §9, is further amended to read:

1. Sale of fireworks prohibited. Except for the sale of consumer fireworks under section 223-A, a A person may not sell, possess with the intent to sell or offer for sale fireworks.

Sec. 5. 8 MRSA §223-A, as enacted by PL 2011, c. 416, §5 and affected by §9, is repealed.

Sec. 6. 8 MRSA §236, as repealed and replaced by PL 2011, c. 416, §6 and affected by §9, is repealed and the following enacted in its place:

§ 236. Adoption of rules

1. Routine technical rules. The commissioner shall, in accordance with the Maine Administrative Procedure Act, adopt reasonable rules relative to the use, storage, transportation and display of fireworks and special effect pyrotechnics. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

Sec. 7. PL 2011, c. 416, §7 is repealed.

SUMMARY

This bill repeals the provisions of law enacted in Public Law 2011, chapter 416 that permit the sale, purchase and use of consumer fireworks.

HP0093 LD 111	Session - 126th Maine Legislature		LR 64 Item 1
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